Mass layoffs and part-time work
Based on mutual agreement between the parties to the employment relationship, daily working hours can be reduced, which means establishing a part-time working day or week.
The employee himself can make such a request.
The legislator has defined cases in which the employer does not have the right to deny an employee the use of such a right. Such workers include pregnant women, parents of children under 14 and disabled children, as well as workers caring for a family member requiring such care.
Part-time work, established at the initiative of the employer, entails a change in wages, downward, which leads to mass layoffs of workers who have not agreed to change this essential condition.
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Any changes to the employment contract must be made by mutual consent, except in emergency cases, when the employer has the right to reassign its employees.
The manager is required to prepare a notice of changes in advance: depending on the type of organization, the warning period varies from 7 days to 2 months.
The notification is drawn up in free form, but must disclose as much as possible the changes planned in the organization. If an employee does not agree to work under new conditions, the employer is obliged to give him a choice: either fire him and compensate for losses when looking for a new job, or leave him in the organization under the same working conditions, but transfer him to another position or reduce his salary.
If the employee is not satisfied with the timing and accuracy of the preparation of the notice, he can go to court.
The legislative framework
The legislation establishes minimum requirements for labor protection. They are contained in the orders of the Ministry of Labor. Non-compliance with these standards leads to a deterioration in working conditions (WC). This can also lead to the deprivation of guarantees for an employee if he works in hazardous production.
When an enterprise uses outdated equipment and tools, this also leads to a deterioration in operating conditions.
Some professions involve working in harmful and dangerous conditions. For example, miners, prospectors, metal smelters, and so on. Since it is impossible to completely eliminate negative factors, working conditions are considered dangerous and harmful. In this case, employees are entitled to compensation, which can be expressed in increased rest periods, longer vacations, receipt of special food products or payments.
To prevent the deterioration of working conditions, it is prohibited to reduce the standards for issuing protective equipment, change disinfectants, shorten breaks, and so on. Employees also receive PPE for work, rest in “quiet” areas and breaks in a quiet place to recuperate.
Workers' rights
Article 22 of the Labor Code of the Russian Federation contains a requirement according to which the employer ensures the safety of activities in the workplace, and also creates opportunities for work that do not contradict labor standards. At the same time, the employee must have easy access to work equipment and proven tools.
If an employee believes that working conditions do not meet standards and requirements and threaten his health and life, he may refuse to work. The employer must be notified of this decision.
If working conditions have deteriorated and it takes time to correct them, the employee may not work. At the same time, he retains his position, work experience, and is paid two-thirds of the salary in accordance with Article 220 of the Labor Code of the Russian Federation.
The order must indicate the reason and duration of the downtime, as well as an indication that the employee may not be at the workplace within the specified period.
An employee may refuse to perform professional activities under the new rules. Then the employer must offer him another work activity that satisfies all working conditions. The vacant position must be offered in the same city.
Manager's responsibility for non-compliance with working conditions
In accordance with the Code of Administrative Offenses of the Russian Federation (Article 5.27.1.), violation of the requirements for protecting an employee during professional activities may lead to a fine.
If sanitary norms and rules are violated, liability arises in accordance with Article 6.3 of the Code of Administrative Offenses of the Russian Federation. Liability may also arise if the organization does not comply with other working conditions requirements for the employee.
The organization must employ people responsible for safety at the enterprise. They must also monitor the condition of equipment, machinery and other devices. They may prohibit the use of equipment and tools if they do not meet safety standards for working conditions - this can lead to injury to workers.
Notification procedure
The first step to change the terms of the employment contract can be taken by both the employee and his employer. Moreover, if in the first case everything is more or less clear, management can either accept or reject the employee’s proposal, then in the second case everything is somewhat more complicated.
If management has decided to make some changes in the work of employees, it has the right to make them unilaterally.
But at the same time, it is obliged to notify subordinates about them in writing within the period established by law. The notification must indicate the reason why the changes are necessary, as well as a link to the article of the law that is directly related to them.
And only after this, information about all changes is included in the current employment contract by drawing up an additional agreement with the employee. From the day it is signed by the parties, the employee begins to perform his functions under new conditions.
