As a general rule, an employee can be transferred to a lower position only with his consent, since a change in the employment contract will be required. The only option for implementing such a transfer in the absence of the employee's consent is to change the organizational or technological working conditions.
Any transfers within the organization associated with the need to amend labor contracts (conclusion of additional agreements) can be carried out exclusively with the written consent of employees who are subject to these transfers. This rule is true for all cases of transfer to a lower position, since in such a situation one cannot do without changing the contract. However, labor law provides for the only option in which the appropriate procedure can be carried out even in the absence of the employee's consent. This method consists in changing labor agreements due to the fact that organizational or technological working conditions are changing in the company.
What is meant by organizational and technological working conditions?
When implementing the indicated method, the employer must be able to prove that the organizational, technological working conditions have really changed. Otherwise, the transfer to a lower position may be declared illegal at the request of the employee. There is no closed list of these changes, however, in judicial practice, organizational changes mean a change in the management structure in a company, a redistribution of the load on divisions, a change in labor standards, a shift in work and rest modes. Technological changes include the introduction of new equipment, new technologies, improvement of jobs, expansion of the list of manufactured products, and a number of other innovations directly related to production technology.
How to apply for a transfer to a lower position?
The legislation obliges employees to warn employees at least two months in advance about changes in the terms of the employment contract. If the employee does not agree to sign an additional agreement, then the organization is obliged to offer him other vacancies available at the current moment of activity. At the same time, it is imperative to offer all vacancies, including lower positions, lower-paid jobs. If the employee refuses the offered vacancies, the employment contract with him can be terminated on the basis provided for by labor legislation. If the employer does not have vacancies, then after the expiration of the two-month warning period and refusal to amend the contract, the employee is simply fired.
