The characteristic of concept of changes of essential working conditions, terms of the notice of workers, normative documents on the basis of which the employment contract, a position of the Supreme Court of Ukraine on changes of the tariff category can be terminated is stated.
THAT it is NECESSARY to UNDERSTAND AS CHANGE of ESSENTIAL WORKING CONDITIONS
In the course of performance of work on the same spetsialyyonost, qualification or a position change of essential working conditions if it is caused by changes in the production and work organization is allowed. If change of essential usloyoviya of work of the worker is made by the owner or the body authorized by it not in connection with the ukayozanny reasons, taking into account concrete obyostoyatelstvo it should’ be recognized nepravoyomerny, and the duty should be assigned to the owner or the body authorized by it to restore former working conditions.
At change of essential working conditions – siyosty and the amount of payment, privileges, an operating mode, establishment or cancellation of incomplete working hours, combination of professions, change razryadov and names of positions and others – the owner or the body authorized by it obyazany to advise the worker not poyozdny than in two months (ch.3 Art. 32 the Labour Code).
If former essential conditions can’t be kept, and the worker isn’t agrees prodolyozheny works in new conditions, the employment contract stops on Art. 36 point 6 the Labour Code of Ukraine. The resolution of Plenum of the Supreme Court of Ukraine No. 9 from November 6, 1992 "About an order of consideration in item 10 underlines with vessels of labor disputes that cancellation trudovogo contracts on Art. 36 point 6 the Labour Code of Ukraine at refusal of the worker of further work with change of essential working conditions can be recognized reasonable if change of essential working conditions at further work on the same specialty, qualification and a position arose in connection with changes in the production and work organization (a ratsionaliyozatsiya of workplaces, introduction of new forms of labor organization, transition to a brigade form of labor organization (or on the contrary), introduction of the advanced methods, technologies etc.) . Refusal of the worker conclude the contract can to be the basis for cancellation labor dogovora on Art. 36 point 6 the Labour Code of Ukraine in that sluchae if, according to the law, such forma the employment contract for this worker is obligatory.
In cases if the bases for change of sushcheyostvenny conditions were, but the worker who refused further work, wasn’t preduprezhden in two months about their change or was dismissed before the termination of this term after a preyoduprezhdeniye, the court, respectively, changes dismissal date.
The Supreme Court of Ukraine in "Legal positions on consideration by vessels of separate categories of civil cases" recognized change tarifnogo the category as change of essential working conditions. If it will be established that the bases for such change weren’t, the owner is by a court decision obliged to restore rabotniku the previous category.
(On materials The magazine for a ker_vnik).