Article 72, paragraph 3 of the Russian Labor Code. Theory of everything

Current version of Art. 72 of the Labor Code of the Russian Federation with comments and additions for 2018

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Commentary on Article 72 of the Labor Code of the Russian Federation

1. Chapter 12 of the Labor Code of the Russian Federation contains provisions regarding changes to the employment contract. In relation to any employment contract concluded between an employee and an employer, such a change should be understood as a change in one or more conditions originally contained in it, both basic and additional (see Article 58 of the Labor Code of the Russian Federation and the commentary thereto).

Changing an employment contract represents a stage in the dynamics of the employment relationship (optional, in contrast to the conclusion and termination of an employment contract).

The conclusion of an agreement is the most in a simple way changes to the employment contract. It is preceded by the initiative of one of the parties - the employer (related, for example, to a change in place of work in connection with a move to new office) or an employee (including an increase in wages).

It does not matter of fundamental importance on whose initiative this happens. The main thing is that both the employer and the employee agree with the changes. Before signing the agreement, they must independently assess their capabilities and readiness to fulfill the employment contract on new terms. It is important to remember that each party to an employment contract has the right to both satisfy the request of the other and to refuse it.

As a result of changes in the employment contract by agreement of the parties, the employee’s position may worsen (in particular, with a decrease in wages). However, in any case, when changing the employment contract (as well as when concluding it), the employee’s position should not worsen in comparison with the guarantees established labor legislation and other regulatory legal acts, containing norms labor law, collective agreement, agreements, LNA.

2. In practice, many questions are raised by the possibility of extending by agreement of the parties an employment contract concluded for a certain period (see Articles 58, 59 of the Labor Code of the Russian Federation and the commentary thereto). According to Art. 58 of the Labor Code of the Russian Federation, in the case where neither party has demanded termination of a fixed-term employment contract due to the expiration of its validity period, and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force, the employment contract is considered concluded on indefinite term.

However, a situation is possible when both the employee and the employer only want to increase the duration of the previously deadline in certain articles 58 of the Labor Code of the Russian Federation within the framework (for example, from one year to three years). The Labor Code of the Russian Federation does not establish any prohibition on changing the term of a fixed-term employment contract, but there is no consensus on such a possibility. It seems that it is more expedient to resolve this issue by re-concluding a fixed-term employment contract with the employee after the termination of the previous one.

3. According to the commented article, the agreement can transfer the employee to another job. About permanent and temporary transfer, providing for the consent of the employee, is discussed in Art. 72.1, paragraph 1 of Art. 72.2 Labor Code of the Russian Federation.

In addition, a transfer is possible due to circumstances beyond the control of the parties to the employment contract.

Thus, among the cases when an employment contract is subject to termination due to circumstances beyond the control of the parties, the reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court is highlighted. However, termination of an employment contract by this basis is allowed only if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health.

The employer, by virtue of the requirements of the law, is also obliged, if he has such an opportunity, to provide the employee with another job, in particular in connection with the organization’s measures to reduce the number or staff of employees (Part 2 of Article 81, Part 1 of Article 180 of the Labor Code of the Russian Federation ).

Article 254 of the Labor Code of the Russian Federation stipulates that pregnant women, in accordance with a medical report and at their request, have production standards, service standards reduced, or these women are transferred to another job that excludes exposure to adverse health conditions. production factors, while maintaining the average earnings from the previous job.

Also, according to Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical certificate issued in in the prescribed manner, with his written consent, the employer is obliged to transfer him to another job available to the employer that is not contraindicated for the employee due to health reasons.

Therefore, in all these cases implies the conclusion of an agreement between the employee and the employer to change the employment contract. The employer, upon identifying facts indicating the need to transfer the employee to another job, must immediately initiate the process of concluding this agreement. To do this, it is advisable to give the employee, against receipt, a written proposal to transfer to another job (if such a job exists). If the employee agrees to such a transfer, an agreement will be concluded to amend the employment contract.

4. The terms of the employment contract are changed by concluding an agreement, with the exception of cases provided for by the Labor Code of the Russian Federation. Such cases include:
- temporary transfer of an employee to another job without his consent for a period of up to one month in the event of emergency situations that threaten the life or normal living conditions of the entire population, or when they cause downtime, the need to prevent destruction or damage to property or to replace a temporarily absent employee (see Article 72.2 of the Labor Code of the Russian Federation and commentary thereto);
- a change in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions, in which it is permissible to change the employment contract with an employee at the initiative of the employer (see). So, if the employer, based on its interests, insists on changing the employment contract (for example, on introducing a part-time working regime), and the employee is against such changes, then the agreement will not take place, but the employer may consider carrying out the procedure for changes in the manner determined Art. 74 Labor Code of the Russian Federation.

We are also talking about the possibility of involving an employee to work on weekends and non-working days. holidays without his consent in case of emergency. This rule is an exception to the general rules established by the Labor Code of the Russian Federation and conflicts with the terms of the employment contract, which classify such days as rest time. Likewise, in Art. 99 of the Labor Code of the Russian Federation talks about attracting an employee to overtime work without his consent.

In these cases, an agreement to amend the employment contract is not required.

5. An agreement to change the terms of the employment contract determined by the parties is concluded in writing. In such an agreement, as in employment contract, you should indicate:
- last name, first name, patronymic of the employee and name of the employer (last name, first name, patronymic of the employer - individual) entering into an agreement;
- information about documents proving the identity of the employee and the employer - an individual;
- information about the employer’s representative who signed the agreement, and the basis on which he is vested with the appropriate powers;
- place and date of conclusion of the agreement.

The agreement must also indicate the details of the employment contract to which changes are being made - number, date. It is necessary to clearly and unambiguously describe what the essence of the changes being made is, for example, indicating new position employee, a new address at which he should perform his work function in the future, etc.

When preparing an agreement, it is necessary to take measures to prevent future disputes between the employee and the employer regarding changes to the terms of the employment contract. In order to indirectly confirm that the terms of the agreement were interpreted uniformly by the parties, it is advisable to refer in its text to the reason for changes in the employment contract (for example, the introduction of a trade secret regime at the enterprise, which, by mutual agreement of the parties, entailed the inclusion in the employment contract of a condition on non-disclosure by the employee, having access to relevant information, it is also advisable to indicate that the employee is familiar with the provisions on trade secrets before signing the agreement).

The agreement is drawn up according to the rules of legal technique (clauses of the employment contract are set out in a new edition, additions are made to them, or certain clauses, articles of the text are excluded, etc.).

Construction of the agreement large volume changes can be quite cumbersome. It is also possible for the agreement to withdraw the main part of the text of the employment contract and replace it with a new text. In any case, the employment contract originally concluded by the parties continues to apply here, subject to changes. In particular, it contains the start date of work for the employer, on which the employee once began performing his work duties (it cannot be changed by a subsequent agreement). This means that there is not a termination of the employment relationship with the employee mediated by the employment contract, but a change in it by the concluded agreement.

The agreement is drawn up in two copies - one for each party, and signed by the employee and the employer. According to the rules set forth in Art. 67 of the Labor Code of the Russian Federation to the employment contract, one copy of the agreement is given to the employee, the other is kept by the employer. The employee's receipt of a copy of the agreement must be confirmed by the employee's signature on the copy of the agreement kept by the employer.

According to the general rule provided for in Art. 61 of the Labor Code of the Russian Federation in relation to an employment contract, an agreement to change its terms comes into force from the day it is signed by the employee and the employer. In this case, it is possible to indicate in the agreement itself the upcoming date of changes to the terms of the employment contract, which does not coincide with the date of conclusion of the agreement.

Of particular interest is the ruling of the Sverdlovsk Regional Court in case No. 33-11466/2012. The court considered a case where there was no agreement between the parties to change the terms of the contract in terms of increasing wages, as well as a new written employment contract with the employee. However, wages were paid to the employee in an increased amount that did not correspond to the existing employment contract. The court found that this does not indicate that the wages established by the employer himself in the specified amount were paid to the employee illegally. This fact only indicates improper execution of personnel documentation in this organization.

Thus, the actions of the parties indicating a change in the terms of the employment contract were recognized as evidence of such a change even in the absence of an agreement in in writing(which is typical for Russian labor law).

Another comment to Art. 72 Labor Code of the Russian Federation

1. As follows from the contents of Chapter. 12 of the Labor Code, a change in an employment contract should be understood primarily as various types of innovations in the content and subject composition of the employment contract, including transfers to another job (Articles 72 - 74 of the Labor Code), as well as a change in the labor relationship due to a change in the owner of the organization’s property, a change in its jurisdiction or reorganization (Article 75 of the Labor Code) and, finally, removal from work (Article 76 of the Labor Code).

2. By virtue of the commented article, transfer to another job is associated by the legislator with a change in the terms of the employment contract determined by the parties (i.e., a change in the content of the employment contract). At the same time, not every change in the content of an employment contract is a transfer to another job, just as a transfer to another job is not always associated with a change in the content of the employment contract (see Article 72.1 of the Labor Code and the commentary thereto).

3. In its meaning, the commented article is related to Art. 60 TK. Both articles are aimed at ensuring stability of the terms of the agreement concluded by the parties, i.e. the principle of contract law “contracts must be performed”. Thus, changing the content of the employment contract in accordance with these articles is not allowed unilaterally, but as an exception to general rule possibly at the initiative of one party or a third party. All these cases are provided for by the Labor Code.

4. In accordance with the commented article, the terms of an employment contract can be changed only by agreement of the parties and only in writing. However, the method of formalizing a change in the terms of an employment contract depends on whether such a change is temporary or permanent.

The current practice of concluding a new employment contract in connection with a change in one or more working conditions (for example, due to a transfer to another position) cannot be considered correct, since the fate of the previous employment contract remains unclear. Consequently, in order to conclude a new contract, the parties must first terminate the old contract, which is hardly justified.

The formalization of a change in one or more conditions that make up the content of an employment contract with its previous subject composition should differ depending on whether such a change is temporary or permanent (see Articles 72 - 74 of the Labor Code and the commentary thereto).

If the change in the content of the employment contract is permanent, it is advisable to draw up an additional agreement to the contract, which interprets the agreement by the parties to change one or more conditions that make up its content.

In the event of a temporary change in the content of the employment contract, for example due to the occurrence of extraordinary circumstances or the need to replace a temporarily absent employee, consent to such a transfer can be achieved by issuing a transfer order, on which the employee makes a note of consent to the temporary transfer and seals it with his signature . At the same time, with temporary transfer, especially carried out on long term, another procedure for executing such a transfer is not excluded, including through the conclusion of an additional agreement to the employment contract.

Consultations and comments from lawyers on Article 72 of the Labor Code of the Russian Federation

If you still have questions regarding Article 72 of the Labor Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Art. 72 Labor Code of the Russian Federationensures the protection and support of labor relations by regulating changes allowed to be made to employment contracts. We will tell you in our article how and when it is allowed to adjust the agreement between an employee and an employer.

How can changes be formalized?

Strictly in writing. Typically, adjustments represent an agreement between the employee and the employer regarding their essence. The corrective agreement is an integral annex to the original one and is drawn up in 2 copies - 1 each for the employer and the employee.

When is a change to an employment contract necessary under the Labor Code of the Russian Federation?

The Labor Code of the Russian Federation identifies groups of cases when the terms of an employment contract should be adjusted:

Transfer to another job for health reasons in accordance with a medical report. If the employer does not have another job or the employee does not want to work in another position offered to him, the employment contract may be terminated (Article 77 of the Labor Code of the Russian Federation).
Transfer to another job if the employee does not correspond to the position held (Article 81 of the Labor Code of the Russian Federation). In a situation where an employee has not passed the certification procedure established by the Labor Code of the Russian Federation, you should try to transfer him to another, more simple work with the corresponding amendment to the contract. If the employee refuses, the employment contract can also be terminated.
The transfer of pregnant workers to another job is negotiated separately in order to reduce the impact of harmful and hazardous production factors on their body. In essence, this is a separate version of translation based on a medical report. The main difference is that the employer does not have the right to fire a pregnant employee and is obliged to find her a job with a workload allowed by doctors.

What are the nuances of transferring to another job under the Labor Code of the Russian Federation?

The transfer can be temporary or permanent. It is described more fully in Art. 72.1 and 72.2, supplementing and clarifying the basic standards of the original article. 72 Labor Code of the Russian Federation.

Transfers in connection with the replacement of a temporarily absent employee for up to 1 year. If 1 year has expired, and the employee continues to work in a new place and does not ask to be transferred to the previous one, the transfer begins to be considered permanent.
Transfers for up to 1 month due to emergency circumstances. Accordingly, it is stipulated that the employee is transferred to perform work to prevent or eliminate the consequences of an emergency (for example, an industrial accident or natural disaster). The peculiarity is that the employee’s consent to such a transfer is not required, except in cases where this work does not correspond to the level of knowledge and skills of the employee.

Permanent transfers include all other types of transfers, including to another location with the organization and to another employer. We should not forget that all of them are possible with the consent of the employee and the employer.

What other changes may be included in contracts?

In addition to translations, it may be necessary to change other significant aspects of the contract. Their range and criteria of significance as such have not been established, however, having studied Art. 57 of the Labor Code of the Russian Federation, several key points, which must be reflected in the employment contract. It is logical to assume that their changes should also be formalized in accordance with Art. 72 Labor Code of the Russian Federation.

This includes:

Correction of information about the parties to the contract. The employee can change his full name and organization details (including name).
Change of location. Current practice allows for quite a few variations. For example:

moving to another premises where workplaces are located within the same area;
exit of an employee working remotely to workplace at the employer.

Changing the term of the contract. For example:

extension of urgent;
transfer of urgent to indefinite.

Supplementation of labor functions. For example, the purpose of alignment.

Read more about combination in the article .

Changing the size and procedure of salary payment. For example, indexation of rates or the appointment of additional benefits and compensation.

Read about the procedure for salary indexation.

Adjustment of work and rest schedules. For example:

in case of a change in the operating mode of the enterprise itself;
at the request of an employee due to personal circumstances.

Find out more about such changes from the article .

Change general conditions performing work duties. For example, in connection with the use of new technologies or mechanization of production (Article 74 of the Labor Code of the Russian Federation). In this and similar cases, it is permitted to necessarily change contracts with employees in accordance with new circumstances. In this case, a procedure similar to the procedure for transferring employees to another job for reasons beyond their control applies. The employee can either agree or disagree to work under the new conditions. If agreement is not reached, he may be fired.

IMPORTANT! If as a result of the factors specified in Art. 74 of the Labor Code of the Russian Federation, layoffs may become widespread or the situation of workers will worsen, the employer should take measures to level out the consequences. Moreover, these measures will have to be agreed upon with the trade union.

How can suspension from work and changes in the contract with the employee be related?

In Art. 76 of the Labor Code of the Russian Federation provides for several options for removal from work:

for medical reasons;
due to the employee’s lack of necessary special rights;
due to lack of necessary knowledge in the field of labor protection and safety.

In most of these situations, the employer is obliged to find another temporary position for the employee so as not to terminate cooperation. Then this is recorded in the same way as a transfer to another job under Art. 72.1 of the Labor Code of the Russian Federation, with changes in the terms of the employment contract.

New edition of Art. 72 Labor Code of the Russian Federation

Commentary on Article 72 of the Labor Code of the Russian Federation

During the validity period of the employment contract, changes may be made to its content. The legal basis for amending an employment contract is set out in Chapter 12 of the Labor Code of the Russian Federation.

As noted earlier, in general, a change earlier certain conditions an employment contract is permitted only on the basis of a written agreement between its parties. The initiative in this matter can come from both the employee and the employer.

As a rule, changing the terms of an employment contract affects both parties, for example, changing upward wages employee, the employer simultaneously assumes the corresponding responsibilities for timely and full payment of increased wages, etc. Changes can be aimed both at a relative improvement in the terms of the employment contract, and at their relative deterioration, but at the same time not conflict with legislation, local regulations, collective agreements and relevant agreements.

The most significant from a legal and organizational point of view is a change in one or more mandatory conditions of the employment contract. Such conditions (in the context of the situation under consideration) include:

A condition defining the employee’s place of work (including indicating a separate structural unit and its location);

A condition that defines the labor function assigned to the employee (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications) or the specific type of work assigned to the employee;

Condition on the duration of the employment contract;

The condition that determines the employee’s remuneration (the amount and terms of payment of salary, additional payments, allowances, as well as incentive payments);

A condition that determines the working hours and rest periods of the employee (including in cases where these regimes in relation to the employee differ from the general rules in force for a given employer);

Condition for compensation for hard work and work with harmful and (or) dangerous working conditions, if the employee is hired under appropriate conditions;

Conditions that determine, if necessary, the nature of the work (mobile, traveling, on the road, other nature of work);

Mandatory condition social insurance employee in accordance with the Labor Code and other federal laws;

Other conditions in cases provided for by labor legislation and other regulatory legal acts containing labor law norms.

Another comment on Art. 72 of the Labor Code of the Russian Federation

1. The Labor Code introduces a new concept of “change of employment contract”. As follows from the contents of Chap. 12 of the Labor Code, a change in the employment contract should be understood first of all different kinds transfers to another job (Articles 72 - 74), as well as a change in the employment relationship due to a change in the owner of the organization’s property, a change in its jurisdiction or reorganization (Article 75) and, finally, removal from work (Article 76).

2. By virtue of the commented article in the current version, transfer to another job is associated by the legislator with a change in the terms of the employment contract determined by the parties (i.e., a change in the content of the employment contract). At the same time, not every change in the content of an employment contract is a transfer to another job. A transfer to another job is not always associated with a change in the content of the employment contract (see Article 72.1 of the Labor Code of the Russian Federation and the commentary thereto).

3. In terms of its content, the commented article is related to Art. 60 of the Labor Code of the Russian Federation (see Art. 60 of the Labor Code of the Russian Federation and commentary thereto). Both articles are aimed at ensuring stability of the terms of the agreement concluded by the parties, i.e. the principle of contract law “contracts must be performed”. Thus, changing the content of the employment contract, according to these articles, is not allowed unilaterally and, as an exception to the general rule, on the initiative of one party or the initiative of a third party. All these cases are provided for by the Labor Code of the Russian Federation.

4. In accordance with Art. 72 the terms of an employment contract can only be changed by agreement of the parties and in writing. Changing at least one of them is allowed in the same way and in the same form in which they were established. However, the method of formalizing a change in the terms of an employment contract depends on whether such a change is temporary or permanent.

The current practice of concluding a new employment contract in connection with a change in one or more working conditions (for example, due to a transfer to another position) cannot be considered correct, since in this case the fate of the previous employment contract remains unclear. Consequently, in order to conclude a new contract, the parties must first terminate the old one, which is hardly justified.

The formalization of a change in one or more conditions constituting the content of an employment contract (novation of the contract) with its previous subject composition should differ depending on whether such a change is temporary or permanent (see Articles 72 - 74 of the Labor Code of the Russian Federation and the commentary thereto ).

In the event of a temporary change in the content of the employment contract, for example, due to production needs or the need to replace a temporarily absent employee, obtaining consent to such a transfer is possible by issuing a transfer order, on which the employee makes a note of consent to the temporary transfer and seals it with his signature. At the same time, with a temporary transfer, especially one carried out for a long period, a different procedure for executing such a transfer is not excluded, including through the conclusion of an additional agreement to the employment contract.

‹ Chapter 12 of the Labor Code of the Russian Federation. Change of employment contract
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Art. 72 of the Labor Code of the Russian Federation regulates the procedure for amending the text of an employment contract. What may cause such a need and how to formalize and record new working conditions is described in the article.

From the article you will learn:

In what cases is it used?Art. 72 Labor Code of the Russian Federation

Document confirming labor Relations between the employer and the employee - an employment contract. By concluding and signing it, the parties not only confirm their agreement to cooperate, but also determine the terms of their interaction. If these conditions subsequently change, the procedure is regulated . But what are the terms of an employment contract?

Until 2006, the conditions that had to be specified in the employment contract were called significant, now they are defined by law as mandatory. TO mandatory terms of the employment contract listed in Art. 57 of the Labor Code of the Russian Federation, include:

an indication of the location of the workplace, if it is located in a unit that is located and operates in another locality;
functionality by position - that is, description labor function established for a given position, profession or specialty;
the date the employment contract comes into force, that is, the day on which the employee must begin to perform his duties;
contract time For urgent relationship. And if this agreement is concluded on a temporary basis, it is necessary to indicate why it is concluded for a certain period;
parameters of the remuneration system in force for the employee - the salary or tariff rate established for him, others surcharges and allowances provided for by internal regulations, collective and labor agreements;
class of working conditions at a given workplace, established based on the results of a special assessment, etc.

ProvisionsArt. 72 Labor Code of the Russian Federation with comments

The terms of the employment contract, which were determined by the parties when signing the document, can only be changed by agreement of the parties. Exceptions include cases specified by the Labor Code.
Agreement of the parties to change the terms employment contract shall be submitted only in writing.

At the same time, Art. 72 of the Labor Code of the Russian Federation, along with articles 73 - 76, make up Chapter 12 of the Labor Code of the Russian Federation, which is called “Changing the employment contract.” From the titles of the articles that make up this chapter, we can conclude that changing the terms of the employment contract means, in particular:

transfer to another job, movement (Article 72.1 of the Labor Code of the Russian Federation);
temporary transfer to another job (Article 72.2 of the Labor Code of the Russian Federation);
transfer of an employee to another job due to health problems based on a medical report (Article 73 of the Labor Code of the Russian Federation);
reorganization, change of subordination of the organization, the owner of its property.

All adjustments to the text of the agreement on the basis of Article 72 of the Labor Code of the Russian Federation can be made only with the consent of both parties. It does not matter which conditions are adjusted - mandatory or additional.

How it will help: from this thematic application you will learn everything about changing the terms of an employment contract, when you can change them and how to formalize these changes.
Based on this agreement, issue an order in form No. T-5 and announce it to the employee against signature. After that, enter it into work book record of transfer to another position, and also fill out section III of the personal card in form No. T-2.

Remember that there is . What are these conditions, he will tell expert at System Personnel.

Art. 72 of the Labor Code of the Russian Federation guarantees stability to the employee terms of the employment contract, which were recorded when signing this document. If necessary, the text of the original agreement can be adjusted only with mutual consent of the parties by drawing up an additional agreement.

Article 72 of the Labor Code of the Russian Federation establishes how the terms of the contract between an employer and an employee can be changed, as in the case of a transfer the latter to a new workplace, and without it.

Change of employment contract

According to Article 72 of the Labor Code of the Russian Federation, the working conditions agreed upon by the employee and the employer when concluding an employment contract may be changed. At the same time, changes introduced by the employer should not, unreasonably and without appropriate compensation, lead to a deterioration in the employee’s position, either in terms of working conditions, or in terms of official status, or financially.

Under a change in the terms of an already concluded contract Article 72 of the Labor Code of the Russian Federation implies not only a change in schedule or technical equipment at the employee’s workplace, but also his transfer to another job. Such a transfer can be carried out in two ways: either the employee moves to perform new duties while working in the previous organization, or performs the same work in a new geographical area, where he moves with the employer.

Wherein Article 72 of the Labor Code of the Russian Federation requires that any change in the provisions of the employment contract concluded between the employee and the employer occurs only by mutual consent. If they were unable to reach agreement on this issue, the employment contract terminates and the employee resigns.

If the employee accepts the employer's proposal to change the existing provisions of the employment contract, an agreement is concluded between them, as required Article 72 of the Labor Code of the Russian Federation, in a written form. This requirement is an additional social guarantee of respect for the rights of the employee.

In what cases is the employee’s consent not required?

In the same time Article 72 of the Labor Code of the Russian Federation allows situations to arise in which the employee’s consent to change the working conditions established by the contract is not required. For example, in the event that an employee, by order of the employer, moves to another workplace within the organization or to its separate division in the same geographic area, but while maintaining the rights and obligations specified in the employment contract.

As stated in Article 72 of the Labor Code of the Russian Federation, this kind of situation is provided for by the Labor Code of the Russian Federation, that is, their list can be considered exhaustively presented in the legislation.

Thus, Article 72 of the Labor Code of the Russian Federation refers us to a number of relevant articles of the Labor Code of the Russian Federation, in particular to Articles 72.1 and 72.2 of the Labor Code of the Russian Federation of the new edition, which correspond to the old edition of the Article 72 of the Labor Code of the Russian Federation and relate to the employee’s transfer to another job, including without his consent.

An analysis of these and other provisions of the Labor Code of the Russian Federation concerning changes in the working conditions of an employee that occur without his consent shows that their main causes are recognized by the Labor Code of the Russian Federation as situations of increased danger that require urgent intervention in order to avoid serious human or material losses, such as a catastrophe, accident , accident, threat of mass infection, martial law.

However, to be sure that by changing the terms of the concluded contract, the employer does not violate your rights, consult with a specialist in personnel law.

Editor: Igor Reshetov