Labor Code article 74 part 2. Change of essential working conditions. What can be changed and under what conditions

People's Accounting Encyclopedia on Clerk.Ru

(as amended as of 06/16/2017)

Federal Law No. 90-FZ of June 30, 2006 sets out Article 74 of this Code in new edition, which enters into force 90 days after the date of official publication of the said federal law

See the text of the article in the previous edition

Article 74 Modification of the conditions determined by the parties employment contract for reasons related to changes in organizational or technological working conditions
Source GUARANTOR

See Encyclopedias and other comments on article 74 of the Labor Code of the Russian Federation

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes labor function worker.

The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged in writing to offer him another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided collective agreement agreements, employment contracts.

In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with this Code.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by this Code for the adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

On the notification of the employment service when introducing a part-time (shift) and (or) part-time working week regime, see Law of the Russian Federation of April 19, 1991 No. 1032-1 “On employment in Russian Federation»

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.

The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Comments to Art. 74 Labor Code of the Russian Federation

1. The employer has the right to unilaterally change the terms of the employment contract if there is a combination of the following conditions: 1) there have been changes in organizational or technological working conditions, i.e. changes have been made to the technique and technology of production, etc.; 2) in connection with this, the previous terms of the employment contract cannot be retained; 3) changes in the terms of the employment contract do not apply to: profession, specialty, position, qualification, specific type of assigned work; 4) the employee is notified by the employer in writing no later than 2 months. about the forthcoming change in the terms of the employment contract; 5) the reasons for changing the terms of the employment contract are given to the employee; 6) changes in the terms of the employment contract do not worsen the position of the employee in comparison with the collective agreement, agreements.

2. If the employee does not agree to change the terms of the employment contract, the employer is obliged to offer him another vacant job in writing. If the employee agrees to perform other work, then appropriate changes in the conditions are made to his employment contract by agreement of the parties.

3. The employer is obliged to offer vacancies in other areas, if it is provided for by the collective agreement, agreements, labor contract.

4. In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of part 1 of Art. 77 TK.

5. When introducing a part-time (shift) and (or) part-time working week regime, as well as when production is suspended, the employer is obliged to notify the employment service authorities of this in writing within 3 working days after the decision to carry out the relevant measures (Article 25 of the Law of the Russian Federation of April 19, 1991 N 1032-1 "On Employment in the Russian Federation").

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. Right word"imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is an object potentially achievable for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, inside the universe looks like a black hole.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the “internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

ST 74 of the Labor Code of the Russian Federation

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.

The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or the employee's refusal of the proposed work, the employment contract is terminated in accordance with.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established for the adoption of local regulations, to introduce a regime part-time work (shift) and (or) part-time work week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Commentary on Art. 74 of the Labor Code of the Russian Federation

1. The commented article interprets one of the types of transfers considered in - when the reason that led to the change in one or more conditions of the employment contract was changes in organizational or technological working conditions. At the same time, it is assumed that the labor function of the employee, defined in the employment contract, remains unchanged.

2. In its most general form, technology is understood as a system of tools and machines, as well as the methods of their application and functioning. Consequently, a change in the technological conditions of labor is expressed in the introduction of new tools, machines, as well as in a change in the processes of their operation.

The organization of labor is a complex and multidimensional category. At least two aspects of the organization of labor can be distinguished: 1) since human labor as an object legal regulation is social in nature, it is carried out in interaction with other people; 2) social labor implies a monetary value, therefore, the organization of labor can be understood as the streamlining of relations between people in the process of their joint labor activity, as well as the organization of wages.

Thus, the organization of labor involves the organization of the regime of work and rest of workers, their interaction in the labor process, the management of the labor process, its regulation, accounting, forms and systems. wages etc. Accordingly, a change in organizational working conditions can be understood as a change in these and other similar factors, within which labor activity worker.

Technological and organizational changes may result in changes in the terms of the employment contract, while the employee's labor function remains the same. Since the basis for applying the rules established by the commented article 74 of the Labor Code of the Russian Federation are the specific circumstances determined by this article, in the event of a dispute, the employer must prove the existence of these circumstances, i.e. changes in organizational or technological working conditions. Otherwise, the actions of the employer aimed at changing the terms of the employment contract will be declared illegal.

In this regard, it must be borne in mind that, based on Art. 56 of the Code of Civil Procedure, the employer is obliged, in particular, to provide evidence confirming that the change in the terms of the employment contract determined by the parties was the result of changes in organizational or technological working conditions, for example, changes in equipment and production technology, improvement of jobs based on their certification, structural reorganization of production, and did not worsen the position of the employee in comparison with the terms of the collective agreement, agreement. In the absence of such evidence, the termination of the employment contract due to or the change in the terms of the employment contract determined by the parties cannot be recognized as legal (clause 21 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation").

3. It is assumed that the change in the terms of the employment contract, which occurs as a result of changes in the organizational and technological working conditions, is carried out at the initiative of the employer, therefore the employer is obliged to notify the employee about this in writing no later than two months before their introduction ().

The legislator does not specify the procedure for notifying an employee of a change in the terms of an employment contract. In practice, it may be recommended to issue an order (instruction) of the head of the organization or other competent person on the transition to new working conditions, with which the employee must be familiarized against receipt no later than the period specified in the law.

Employer - individual is obliged to notify the employee in writing about changes in the essential terms of the employment contract at least 14 calendar days(see to her).

The employer - a religious organization has the right to make changes to the content of the employment contract, subject to a written warning of this to the employee at least seven calendar days before their introduction (see to it).

4. If the employee refuses to continue working in the new conditions, the employer is obliged in writing to offer him another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such, any other work that the employee can perform taking into account his qualifications and condition health.

The legislator does not establish the time limits within which the employer must offer the employee another job in the organization, as well as the specific form in which such an offer can be made. As one of the options for solving the problem, it can be recommended, together with the order on the upcoming change in the essential terms of the employment contract, to present the employee with a list of all vacancies available in the organization as an annex to the order. The employee, having familiarized himself with the order and the list of works offered to him against receipt, can at the same time express his will by agreeing to be transferred to any job corresponding to his qualifications and state of health, or refusing such a transfer.

If the employee agreed with the transfer to another job available in the organization, such a transfer is formalized by an order (instruction) and an additional agreement to the employment contract indicating in it the new conditions that are included in the employment contract.

In the absence of the specified work or if the employee refuses to be transferred to another job, the employment contract with him is terminated in accordance with.

As follows from the commented article 74 of the Labor Code of the Russian Federation, the employer is obliged by law to offer the employee the vacancies he has in the given area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements or labor contract. At the same time, the employer has the right to offer any vacancy to the released employees, regardless of its location.

5. A change in the organizational or technological working conditions may lead to a change in the terms of the employment contract not for one employee, but for the whole group.

One of the options for solving the problems arising in connection with this is formulated by the legislator in the commented article. If changes in organizational or technological working conditions may lead to mass dismissal of workers, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization, to introduce a part-time regime for up to six months.

The condition on the length of working time is one of the essential working conditions. Therefore, the introduction of part-time work is allowed only with the consent of each employee. The employee can express his will by familiarizing himself with the relevant order (instruction) of the employer. At the same time, since the establishment of part-time work is not permanent, it is not advisable to draw up an additional agreement attached to the employment contract that defines this condition. An additional agreement is possible if the employer and the employee reach an agreement that the latter's part-time work will be permanent.

If the employee refuses to continue working on these conditions, the employment contract is terminated with the provision of appropriate guarantees and compensations to the employee (see Art. 81, Labor Code of the Russian Federation and commentary to them).

In accordance with the Regulations on the organization of work to promote employment in the conditions of mass release, approved. Decree of the Council of Ministers of the Russian Federation of February 5, 1993 N 99, the main criteria for mass layoffs are the indicators of the number of dismissed employees in connection with the liquidation of the organization or the reduction in the number or staff of employees for a certain calendar period.

At present, the criteria for mass layoffs are determined in industry and (or) territorial agreements, therefore, the rules provided for by the said Regulations apply only if there are no relevant provisions in the agreements (see also the commentary to it).

For the procedure for taking into account the opinion of the elected body of the primary trade union organization, see the commentary to it.

6. The rules of parts 5 and 6 of the commented article 74 of the Labor Code of the Russian Federation are not universal in nature: a) their application is the right, but not the obligation of the employer; b) they are applied in cases of mass dismissal of workers; c) they are of a temporary nature, since they are applied “in order to preserve jobs” (i.e. it is assumed that the circumstances that led to the reduction in working hours are of a transitory nature and after their elimination, employees will be assigned a working time regime stipulated by the employment contract) .

In the absence of at least one of the formulated conditions, these rules do not apply and the released workers can be dismissed according to the rules of paragraph 2 of Art. 81 of the Labor Code of the Russian Federation with the provision of appropriate guarantees and compensation.

7. The Labor Code proceeds from the unconditional recognition of the fact that changes in working conditions are always carried out at the initiative of the employer. Therefore, it is established that changes in the terms of the employment contract cannot be introduced that worsen the position of the employee in comparison with the terms of the collective agreement, agreement (part 8 of the commented article). In addition, local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer, taking into account the opinion of the representative body of employees, and employees must be notified of the introduction of new labor standards no later than two months in advance (see also commentary to it).

Thus, new working conditions, entailing a change in the employment contract, can be introduced solely by the employer only if they do not worsen the position of the employee in comparison with the terms of the collective agreement (agreement); otherwise, they can be introduced if the content of the collective agreement (agreement) is revised accordingly, and, if necessary, the opinion of the representative body of workers is taken into account.

At the same time, a change in the terms of an employment contract may be the result of objective factors, for example, a change in the situation in the commodity markets in which the employer operates, entails the need to reform the applied technologies or labor organization. In such cases, the will of the employer is not aimed at changing the terms of the employment contract, but at adapting it to new economic realities through the reorganization of production in order to ensure its existence as an economic entity. Since the employer can make changes to the content of the employment contract, provided that appropriate changes are made to the collective agreement or agreement (which is possible only if there is a counter expression of will of the other party (parties) in the contract or agreement), in the absence of such an expression of will, the implementation of Art. 74 of the Labor Code of the Russian Federation becomes impossible. In this case, the employer is forced to either amend the employment contract on the basis of the general rules on transfers to another permanent job (see Art. Art., Labor Code of the Russian Federation and commentary to them), i.e. with the consent of the employee; or apply the rules on temporary transfers in connection with the occurrence of circumstances of an extraordinary nature (see to it); or apply the legal mechanisms established by law to terminate the employment contract (see also the commentary to it).

8. The legislator abandoned the earlier applied in Part 3 of Art. 25 of the Labor Code of the term "changes in essential working conditions", replacing it with the concept of "changes in the terms of an employment contract". Based on this, arbitrarily serious changes in working conditions do not matter and do not entail any legal consequences, if they are not related to a change in the content of the employment contract. For example, the installation of new equipment, computers, accessories is not always associated with a change in the labor function (specialty, profession, qualification or position), salary, working hours or other conditions established by the employment contract, but this may lead to significant changes in the actual working conditions of the worker.

Since the content of the employment contract does not change in this case, such changes can be made by the employer without observing the rules on transferring to another job, including the rules established by the commented article. In this case, the employee, who does not want to continue working in the new working conditions, retains the right to terminate the employment contract on his own initiative (see th to it), and the employer has the opportunity to terminate the employment contract with the employee if there are appropriate grounds for this (see. article 81 of the Labor Code of the Russian Federation and commentary to it).

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.

The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.

If the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article of this Code.

In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by the article of this Code, for the adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.

Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.

Commentary on Art. 74 Labor Code of the Russian Federation

Judicial practice under article 74 of the Labor Code of the Russian Federation

Determination of the Supreme Court of the Russian Federation of December 15, 2004 N 46-Г04-22

Satisfying the requirements of the prosecutor, the court proceeded from the fact that the contested norms of the Law of the Samara Region contradict the articles,,, of the Labor Code of the Russian Federation, the state authorities of the Samara Region exceeded their powers in the field of regulation labor relations and by introducing additional restrictions related to the impossibility of dismissing at the initiative of the employer and transferring elected deputies to another job legislature subject of the Russian Federation, invaded the competence of the federal government.

PARTS OF THE FIRST ARTICLE OF THE LABOR CODE

RUSSIAN FEDERATION

The Constitutional Court of the Russian Federation composed of Chairman V.D. Zorkin, judges M.V. Baglaia, N.S. Bondar, G.A. Gadzhieva, Yu.M. Danilova, L.M. Zharkova, G.A. Zhilina, S.M. Kazantseva, M.I. Kleandrov, A.L. Kononova, L.O. Krasavchikova, V.O. Luchina, N.V. Selezneva, A.Ya. Plums, V.G. Strekozova, O.S. Khokhryakova, B.S. Ebzeeva, V.G. Yaroslavtsev,

Satisfying the application, the courts, guided by the provisions of paragraph 7 of Article 3, paragraph 2 of Article 265, Articles 252 and 270 of the Tax Code of the Russian Federation (hereinafter referred to as the Code), Article of the Labor Code of the Russian Federation, came to the conclusion that there was forced downtime for internal production reasons, about economic the justification of the costs of paying for downtime and that the application of paragraph 2 of Article 265 of the Code is not made dependent on the reasons for the downtime and is not related to the criterion of guilt.

In his complaint to the Constitutional Court of the Russian Federation, I.A. Livintsev disputes the constitutionality of the provision of the first part of Article of the Labor Code of the Russian Federation (as amended that was in force before the entry into force of the Federal Law of June 30, 2006 N 90-FZ), which provided the employer with the right, in the event of an operational need, to temporarily transfer an employee to another job in the same organization . According to the applicant, this legal provision violates his rights guaranteed by Article 37 (parts 1 and 2) of the Constitution of the Russian Federation.

In resolving the dispute and refusing to satisfy the claim regarding the reinstatement of D., K., B., P., E., the court proceeded from the fact that the plaintiffs, within the two-month period provided for by the article of the Labor Code of the Russian Federation, were familiarized with the upcoming changes in certain by the parties to the terms of the employment contract (change in the structure of the Akhtuba Central District Hospital), thereby the employer complied with the dismissal procedure in accordance with Article and Clause 7 of Article of the Labor Code of the Russian Federation.

According to part 5 of article of the Labor Code of the Russian Federation, in the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established Article 372 of this Code for the adoption of local regulations, introduce a part-time (shift) and (or) part-time working week for up to six months.

Resolving the dispute and refusing to satisfy the claims Golovashchenko H.V., Gyulalieva I.V., Pestrikova L.N., Karkaus T.F. in terms of reinstating them at work, collecting payment for forced absenteeism and compensation moral damage, the court proceeded from the fact that the plaintiffs, within the two-month period provided for by the article of the Labor Code of the Russian Federation, were familiarized with the upcoming changes in the terms of the employment contract determined by the parties (change in the structure of the Akhtubinsky Central District Hospital), thereby the procedure for dismissal in accordance with article and paragraph 7 of Article of the Labor Code of the Russian Federation was observed by the employer.

The Presidium of the Moscow City Court, canceling the judicial decisions that had taken place in the case and entered into legal force, did not indicate what constituted a significant violation of the norms of substantive or procedural law committed by the indicated courts and served as the basis for the cancellation, did not give appropriate arguments to justify the need to adopt decisions to cancel them and limited himself only to a reference to the provisions of Articles 72.1 of the Labor Code of the Russian Federation and the conclusion that in fact the labor function of the plaintiff was changed, and not a change in the terms of the employment contract determined by the parties, in connection with which there was a transfer without her written consent.

Repealing the judgments held in the present case, the Presidium of the Moscow City Court, referring to the provisions of Articles 72.1 of the Labor Code of the Russian Federation, concluded that the circumstances established by the courts to notify Kalinina AND.Yew. the employer to transfer to another position initially assumed a change in her labor function, and therefore such a transfer could be made only with her written consent, which in this case was not received. The conclusion of the court of first instance, in the opinion of the Presidium of the Moscow City Court, is based on an incorrect interpretation and application of substantive law to the existing legal relations, which was a significant violation of the substantive law that affected the outcome of the case, which, by virtue of Art. 387 of the Code of Civil Procedure of the Russian Federation as a basis for the cancellation of a court decision by way of supervision.

In this regard, the court correctly considered that the provisions of paragraph 2 of the resolution of the government of the Saratov region, disputed by the prosecutor, contradict the requirements of the article of the Labor Code of the Russian Federation, according to which the employer is obliged to notify the employee of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes. in writing not later than two months, unless otherwise provided by this Code.

Part one of the article of the Labor Code of the Russian Federation, providing for an exception from general rule on changing the terms of the employment contract determined by the parties only by agreement of the parties (Article 72 of this Code), the possibility of unilateral change of such conditions by the employer, at the same time limits this right of the employer only to cases of impossibility to maintain the previous conditions due to changes in organizational or technological working conditions. At the same time, the legislator in the same article of the Labor Code of the Russian Federation established guarantees provided to the employee in the event of a unilateral change by the employer of the terms of the employment contract: prohibition of changing the labor function of the employee (part one); determination of the minimum period for notifying an employee about upcoming changes (part two); the obligation of the employer, in case the employee does not agree to work in the new conditions, to offer him in writing another available job that the employee can perform taking into account the state of his health (part three); prohibition of the worsening of the position of the employee in comparison with the established collective agreement, agreement when changing the terms of the employment contract (part eight).