Downgrade in qualifications. Is it lawful for a worker to lower the wage and qualification category for gross violations of technological discipline for a period of up to three months? Documentation of the translation

22.09.2021

ola la wrote:
But our employee did not violate anything, he did not confirm his knowledge and qualifications. Who else has an opinion?

Scroll: art. 42 TC

Article 42. Termination employment contract at the initiative of the employer

An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, may be terminated by the employer in the following cases:

1) liquidation of an organization, termination of activities of an individual entrepreneur, reduction in the number or staff of employees;

2) inconsistency of the employee with the position held or the work performed due to a state of health that prevents the continuation of this work;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work;
....

Scroll: DECISION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS March 29, 2001 No. 2 ON SOME ISSUES IN THE APPLICATION OF LABOR LEGISLATION BY THE COURTS

30. Considering claims for reinstatement
persons dismissed under clause 3 of article 42 of the Labor Code due to the employee's non-compliance
position or work performed due to insufficient
qualifications that prevent the continuation of this work, the courts should
bear in mind that termination of an employment contract on the basis of
lack of special education, if it is in accordance with
legislation is not a prerequisite for the conclusion
employment contract is unacceptable.
Conclusions of the attestation commission on the absence of an employee
necessary business qualities to be assessed in conjunction with other
evidence in the case. In doing so, the court must verify that
whether the employer has the relevant provisions on the procedure for conducting
certification.

Scroll: TERMINATION OF AN EMPLOYMENT AGREEMENT (CONTRACT) UNDER PARAGRAPH 3 OF ARTICLE 42 OF THE LABOR CODE OF THE REPUBLIC OF BELARUS AND EMPLOYEE CERTIFICATION

Dismissal of an employee under paragraph 3 of Article 42 Labor Code RB (hereinafter - TC) is performed in case of inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work.

Dismissal on this basis is possible if the employer complies with the procedure regulated by the current legislation, as well as if a number of conditions are met: establishing the basis for dismissal, the impossibility of transferring the employee to another job, incl. and with retraining.

The essence of establishing the grounds for dismissal is as follows: the employer must establish and record the fact that the employee is not qualified enough to occupy a certain position (perform work). These can be reports and memos, acts of writing off defective products, systematic errors in the calculations made by the employee, acts fixing regular failure to complete tasks (orders of the direct supervisor), etc. In addition, one of the evidence may be the results of attestation, which should be considered by the employer in conjunction with other evidence (paragraph 30 of the decision of the Plenum of the Supreme Court of the Republic of Belarus dated March 29, 2001 No. 2 “On some issues of the application of labor legislation by the courts”). When conducting an employee attestation, the employer must comply with established by law the certification procedure, otherwise its results may be declared invalid by the court and the employee may be reinstated in his previous job.

Issues of attestation are regulated by special legislation (Instruction on special attestation for compliance qualification requirements, presented to the anti-crisis manager in case of bankruptcy of a bank and a non-bank financial institution, approved by the Resolution of the Board of the National Bank of the Republic of Belarus dated February 27, 2007 No. 58; Instructions on the procedure for attestation of employees of bodies and divisions for emergency situations of the Republic of Belarus, approved by the Decree of the Ministry of Emergency Situations of the Republic of Belarus dated July 11, 2006 No. 29; Instructions on the procedure for attestation of lawyers, approved by the Ministry of Justice of the Republic of Belarus on June 27, 2006 No. 32, etc.), and general act- Model Regulations on the certification of managers and specialists of enterprises, institutions and organizations, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated October 31, 1996 No. 84 (hereinafter referred to as the Standard Regulations).

The decision to conduct certification, the list of employees subject to certification, and the frequency of its conduct are determined by the employer. However, it should be borne in mind that clause 4 of the Model Regulation establishes a list of employees who are exempt from attestation - these are persons who have worked in this position or in this profession for less than 1 year; day graduates educational institutions during the first year of work after graduation; pregnant women; employees who are on long-term treatment; women who were on leave to care for a child under 3 years of age, during the first year after they went to work.

First of all, the employer must comply organizational requirements certification (training requirements). Organizational work preparation for certification is carried out by the personnel department of the employer with the participation of managers structural divisions, employee representatives and includes the following steps:

1) issuance of an order for certification;

2) compilation of lists of employees subject to certification, and employees temporarily exempted from it;

3) determination of the composition of the attestation commission;

4) scheduling the certification;

5) drawing up characteristics for attested workers;

6) preparation of forms for attestation sheets, minutes of meetings of attestation commissions;

7) carrying out explanatory work on the purposes and procedure for certification.

The certification order approves the terms and schedule for the certification, the list of those who are certified, the list of necessary materials for those who are certified and the procedure for their submission, the chairman, secretary and members of the certification commission are appointed. The order is brought to the attention of employees at least a month before the start of certification (i.e., all documents referred to in the order must be drawn up in such a way as to comply with this monthly period).

Standard provision approved approximate form such an order.

The certification order can be drawn up in the following form:

Limited Liability Company
"Optimal Light Plus"

ORDER
19.05.2008 № 51
Minsk

About certification
managers and specialists

In order to improve the selection, placement and training of personnel, improve their business skills, quality and efficiency of work
I ORDER:

1. Conduct certification of managers and specialists in the period from June 23, 2008 to June 30, 2008.

2. Lists of employees subject to certification, approve.

3. To conduct attestation, create an attestation commission. Attestation commission for attestation of heads of departments, consisting of: chairman - Ivanov P.I. , secretary - Petrenko V.A. , members of the commission - Sidorkin N.I., Buldakov V.A., Ponamorev I.I.

4. To the deputy heads, Filipovich A.N. and Laskin I.V. prepare characteristics for the employees subject to certification and submit them to the certification commission no later than two weeks before the start of certification.

5. To approve the schedules of the meetings of the attestation commissions.

6. The Certification Commission to carry out explanatory work on the purposes and procedure for certification.

7. The personnel department should provide methodological preparation for certification, instructing the heads of structural divisions on approaches to assessing and compiling certification characteristics for employees.

8. Not later than a week after the completion of the certification, the chairman of the certification commission, the personnel department, submit the materials of the certification of employees for decision-making by the director.

9. To impose control over the execution of this order on the personnel manager Toporkov P.P.

Director A.L. Kudryavtsev

For each attested employee, an official attestation characteristic is drawn up, containing a complete and objective assessment of the professional, business and personal qualities of the attested employee, performance official duties, its results practical activities(a sample of this document is also approved by the Model Provision). The document is signed by the immediate supervisor of the certified employee and together with job description submitted to the commission no later than 2 weeks before the start of certification. The attested employee must be familiarized with the characteristic at least a week before the start of the attestation (this can be confirmed by the signature of the employee on the characteristic itself).

The attestation commission is appointed from among the executives of the employer and its structural divisions, highly qualified specialists, representatives of employees.

The certification commission holds its meetings in accordance with the schedule approved by the order of the employer. At the meeting of the commission, a protocol is kept, which is signed by the chairman and secretary of the attestation commission.

The attestation commission considers the submitted materials; hears the immediate supervisor of the certified employee and the employee himself, asks them questions; conducts testing, if necessary, incl. and using computers.

Certification is carried out, as a rule, with the participation of the certified employee and his immediate supervisor. In the event that an employee fails to appear at a meeting of the commission without good reason, certification is carried out in his absence. Employees who did not arrive at the meeting of the commission for good reasons are certified on other days provided for by the approved schedule.

Attestation and voting are carried out with the participation of at least 2/3 of the number of members of the attestation commission at the meeting. The decision is made by a majority vote by open or secret ballot (this is decided by the attestation commission). In case of equality of votes, a decision is made in favor of the certified employee.

Based on the results of the certification, a certification sheet is drawn up, which must contain the following information: certified employee, year of birth, specialty, education, length of service in the specialty, length of service in the employer's organization, position held, date of appointment to the position, information on advanced training, questions to the certified employee and the employee's answers to them, comments and suggestions made by members attestation commission, comments and suggestions made by the attested employee, assessment of the employee's performance based on the results of voting (number of "for" and "against"), recommendations of the attestation commission.

The attestation sheet is signed by the chairman, secretary and members of the attestation commission. Certified workers must be familiar with the certification sheet against signature.

The attestation commission in relation to the attested employee may take one of the following decisions:

Corresponds to the position held;

Corresponds to the position held, subject to improvement of work and implementation of the recommendations of the commission, with re-certification in a year;

Doesn't fit the position.

The attestation commission can make recommendations on promotion to a higher position, on raising the qualification category, on transferring the person being certified to other units, taking into account his professional inclinations, the level and profile of special training, business and personal qualities; about raising official salaries; on the need for advanced training, retraining of employees, etc.

Certification materials within a week after its completion are transferred to the employer, who must make a decision within a month by issuing it with an order. The order indicates employees who have been promoted, encouraged, as well as employees who have been rated “does not correspond to their position” by the certification commission, “corresponds to their position, subject to improvement of work and implementation of the recommendations of the commission, with re-certification in a year”.

Based on the evaluation of the attestation commission on the inconsistency of the position held, the employer has the right to leave the employee in the previous position, transfer with his consent to another job, and if the transfer is not possible, dismissal is allowed under clause 3 of article 42 of the Labor Code.

At the same time, the dismissal of an employee on the above grounds is allowed only if the employee refuses to be transferred to another job (including with retraining (part one of Article 43 of the Labor Code)), and also if the employer does not have the opportunity to transfer such employee for another job. At the same time, the employee can be offered both work in his specialty (profession, position), and other vacant positions available to the employer. The consent or disagreement of the employee is preferably fixed in writing.

If, nevertheless, a decision is made to dismiss the employee under paragraph 3 of Article 42 of the Labor Code, the employer is obliged to notify the trade union of the upcoming dismissal of the employee (2 weeks before the date of the planned dismissal (Article 46 of the Labor Code)); issue a dismissal order and familiarize the employee with it against signature; on the day the employee is dismissed (the last day of work), make the final settlement with the employee and issue him a work book. Upon dismissal of an employee on this basis, the latter is paid severance pay in the amount of at least 2-week average earnings (part two of article 48 of the Labor Code).

Elena Gritchenok, lawyer

Edited by moderator according to forum rules (

ola la wrote:
But our employee did not violate anything, he did not confirm his knowledge and qualifications. Who else has an opinion?

Scroll: art. 42 TC

Article 42. Termination of an employment contract at the initiative of the employer

An employment contract concluded for an indefinite period, as well as a fixed-term employment contract before its expiration, may be terminated by the employer in the following cases:

1) liquidation of an organization, termination of activities of an individual entrepreneur, reduction in the number or staff of employees;

2) inconsistency of the employee with the position held or the work performed due to a state of health that prevents the continuation of this work;

3) inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work;
....

Scroll: DECISION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS March 29, 2001 No. 2 ON SOME ISSUES IN THE APPLICATION OF LABOR LEGISLATION BY THE COURTS

30. Considering claims for reinstatement
persons dismissed under clause 3 of article 42 of the Labor Code due to the employee's non-compliance
position or work performed due to insufficient
qualifications that prevent the continuation of this work, the courts should
bear in mind that termination of an employment contract on the basis of
lack of special education, if it is in accordance with
legislation is not a prerequisite for the conclusion
employment contract is unacceptable.
Conclusions of the attestation commission on the absence of an employee
necessary business qualities are to be assessed in conjunction with other
evidence in the case. In doing so, the court must verify that
whether the employer has the relevant provisions on the procedure for conducting
certification.

Scroll: TERMINATION OF AN EMPLOYMENT AGREEMENT (CONTRACT) UNDER PARAGRAPH 3 OF ARTICLE 42 OF THE LABOR CODE OF THE REPUBLIC OF BELARUS AND EMPLOYEE CERTIFICATION

The dismissal of an employee under paragraph 3 of Article 42 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code) is carried out in case of inconsistency of the employee with the position held or the work performed due to insufficient qualifications that prevent the continuation of this work.

The essence of establishing the grounds for dismissal is as follows: the employer must establish and record the fact that the employee is not qualified enough to occupy a certain position (perform work). These can be reports and memos, acts of writing off defective products, systematic errors in the calculations made by the employee, acts fixing regular failure to complete tasks (orders of the direct supervisor), etc. In addition, one of the evidence may be the results of attestation, which should be considered by the employer in conjunction with other evidence (paragraph 30 of the decision of the Plenum of the Supreme Court of the Republic of Belarus dated March 29, 2001 No. 2 “On some issues of the application of labor legislation by the courts”). When conducting an attestation of an employee, the employer must comply with the procedure for attestation established by law, otherwise its results may be declared invalid by the court and the employee may be reinstated in his previous job.

Issues of attestation are regulated by special legislation (Instruction on special attestation for compliance with the qualification requirements for an anti-crisis manager in case of bankruptcy of a bank and a non-bank financial institution, approved by the Resolution of the Board of the National Bank of the Republic of Belarus dated February 27, 2007 No. 58; Instruction on the procedure for attestation of employees of bodies and divisions for emergency situations of the Republic of Belarus, approved by the Decree of the Ministry of Emergency Situations of the Republic of Belarus dated 11.07.2006 No. 29; Instruction on the procedure for attestation of lawyers, approved by the Ministry of Justice of the Republic of Belarus on 27.06.2006 No. 32, etc.), and the general act - the Model Regulation on the certification of managers and specialists of enterprises, institutions and organizations, approved by the Decree of the Ministry of Labor of the Republic of Belarus dated October 31, 1996 No. 84 (hereinafter referred to as the Model Regulation).

The decision to conduct certification, the list of employees subject to certification, and the frequency of its conduct are determined by the employer. However, it should be borne in mind that clause 4 of the Model Regulation establishes a list of employees who are exempt from attestation - these are persons who have worked in this position or in this profession for less than 1 year; graduates of full-time educational institutions during the first year of work after graduation; pregnant women; workers on long-term treatment; women who were on leave to care for a child under 3 years of age, during the first year after they went to work.

First of all, the employer must comply with the organizational requirements for certification (training requirements). Organizational work in preparation for certification is carried out by the personnel department of the employer with the participation of heads of structural divisions, representatives of employees and includes the following steps:

1) issuance of an order for certification;

2) compilation of lists of employees subject to certification, and employees temporarily exempted from it;

3) determination of the composition of the attestation commission;

4) scheduling the certification;

5) drawing up characteristics for attested workers;

6) preparation of forms for attestation sheets, minutes of meetings of attestation commissions;

7) carrying out explanatory work on the purposes and procedure for certification.

The model provision approved the approximate form of such an order.

The certification order can be drawn up in the following form:

Limited Liability Company
"Optimal Light Plus"

ORDER
19.05.2008 № 51
Minsk

About certification
managers and specialists

In order to improve the selection, placement and training of personnel, improve their business skills, quality and efficiency of work
I ORDER:

1. Conduct certification of managers and specialists in the period from June 23, 2008 to June 30, 2008.

2. Lists of employees subject to certification, approve.

5. To approve the schedules of the meetings of the attestation commissions.

6. The Certification Commission to carry out explanatory work on the purposes and procedure for certification.

9. To impose control over the execution of this order on the personnel manager Toporkov P.P.

Director A.L. Kudryavtsev

For each attested employee, an official attestation characteristic is compiled, containing a complete and objective assessment of the professional, business and personal qualities of the attested employee, the performance of official duties, and the results of his practical activities (a sample of this document is also approved by the Standard Regulations). The document is signed by the immediate supervisor of the certified employee and, together with the job description, is submitted to the commission no later than 2 weeks before the start of the certification. The attested employee must be familiarized with the characteristic at least a week before the start of the attestation (this can be confirmed by the signature of the employee on the characteristic itself).

The attestation commission is appointed from among the executives of the employer and its structural divisions, highly qualified specialists, representatives of employees.

The attestation sheet is signed by the chairman, secretary and members of the attestation commission. Certified workers must be familiar with the certification sheet against signature.

The attestation commission in relation to the attested employee may take one of the following decisions:

Corresponds to the position held;

Corresponds to the position held, subject to improvement of work and implementation of the recommendations of the commission, with re-certification in a year;

Doesn't fit the position.

The attestation commission can make recommendations on promotion to a higher position, on raising the qualification category, on transferring the person being certified to other units, taking into account his professional inclinations, the level and profile of special training, business and personal qualities; on salary increases; on the need for advanced training, retraining of employees, etc.

If, nevertheless, a decision is made to dismiss the employee under paragraph 3 of Article 42 of the Labor Code, the employer is obliged to notify the trade union of the upcoming dismissal of the employee (2 weeks before the date of the planned dismissal (Article 46 of the Labor Code)); issue a dismissal order and familiarize the employee with it against signature; on the day the employee is dismissed (the last day of work), make the final settlement with the employee and issue him a work book. When an employee is dismissed on this basis, the latter is paid a severance pay in the amount of at least 2 weeks of average earnings (part two of article 48 of the Labor Code).

Elena Gritchenok, lawyer

Edited by moderator according to forum rules (

According to Article 129 of the Labor Code of the Russian Federation wage- this is remuneration for work, depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments. This article explains the concepts of "tariff rate", " tariff category and "qualification".
Tariff rate(salary) - a fixed amount of remuneration of an employee for the fulfillment of a labor norm (labor duties) of a certain complexity (qualification) per unit of time.
The tariff category is a value that reflects the complexity of the work and the qualifications of the employee.
Qualification category - a value that reflects the level of professional training of an employee.
According to the Decree of the Ministry of Labor of Russia dated 06.06.1996 N 32 "On the approval of wage categories and tariff and qualification characteristics (requirements) for industry-wide positions of employees" (as amended by the Decree of the Ministry of Labor of Russia dated 02.20.2002 N 14) compliance with the actually performed duties and qualifications of employees the requirements of the tariff and qualification characteristics is determined by the certification commission in accordance with the current regulations on the procedure for certification of managers, specialists and other employees of organizations.
Without attestation, it is impossible to change the category of the wage scale assigned to an employee in the course of the previous attestation. This means that you cannot arbitrarily lower or increase his earnings.
For committing a disciplinary offense, i.e. for non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply the following disciplinary sanctions (Article 192 of the Labor Code of the Russian Federation): remark; rebuke; dismissal for appropriate reasons.
Before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give such an explanation, an appropriate act is drawn up (Article 193 of the Labor Code of the Russian Federation). The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction.
A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.
The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. If the employee refuses to sign the specified order (instruction), an appropriate act is drawn up.
A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.
Thus, in our opinion, in accordance with the Labor Code of the Russian Federation, only a disciplinary sanction can be applied to a worker for gross violations of technological discipline.
E. Shulzhenko
CJSC "Auditing firm "Criteria-Audit"
Signed for print
26.11.2003
"Financial newspaper. Regional issue", 2003, N 48

Is an organization applying the simplified taxation system and defining the object of taxation as income reduced by the amount of expenses entitled to accept as expenses the costs of paying for audit services? »

Question: Is it possible, by decision of the qualification commission of an institution, to lower the tariff and qualification category of a worker for violating technological discipline?

Answer: According to Part 3 of Art. 143 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the tariffing of work and the assignment of tariff categories to employees are carried out taking into account the tariff and qualification reference books containing the qualification characteristics of various types of work, depending on their complexity, indicating which category this or that work corresponds to, as well as the requirements that apply to the knowledge and skills of the employee.

Enter the site

According to paragraph 17 General Provisions unified tariff qualification handbook of works and professions of workers approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated 30.03.2004 No. 34, the head of the organization has the right to lower the qualification of a worker by 1 category for up to 3 months for a gross violation of technological discipline and for other serious violations that have led to a deterioration in the quality of products manufactured by him or work performed.

So, an employee, after 3 months after lowering the rank in the generally established manner, must pass exams in the qualification commission for raising the rank.

Gymnasium Pushchino, Pushchino City District, Moscow Region

1. The legal grounds for issuing the Regulations on the procedure for establishing qualification category(class, category) employees of the administrative and support staff of the MBOU gymnasium "Pushchino" (hereinafter referred to as the Regulations) are the current Labor Code Russian Federation, and Decree of the Ministry of Labor of the Russian Federation of February 9, 2004 N 9 “On Approval of the Procedure for Applying the Unified Qualification Handbook for the Positions of Managers, Specialists and Employees” and Decree of the Government of the Russian Federation of October 31, 2002

How to determine the category of a worker

If a person gets a job for the first time and has a document on education, then assign a tariff category to him on the basis of this document. The category indicated in the document on education has already been confirmed by the state qualification commission educational institution in accordance with the level of theoretical and professional training of the worker and the results qualifying exams.

If you need to determine the category of a worker without a document of education, but having work experience in this profession, then in this case, see the entry in work book employee with previous place work.

How to downgrade an employee

The heads of organizations, in agreement with the trade unions, have the right to lower the qualification of a worker by one category for gross violations of technological discipline and for other serious violations that have led to a deterioration in the quality of manufactured products or work performed. For example, drivers may be downgraded (or not assigned) a class if over the past three years of work (two years for assigning second-class tram and trolleybus drivers) they committed traffic violations that led to traffic accidents or deprivation of a driver's license.

Restoration of the category is carried out in accordance with the general procedure established for the assignment and increase of the category, but not earlier than three months after its reduction.

Association of Trade Unions of Russia

Dear Oksana! The category is assigned to the employee on the basis of his certification. It is possible to change the categories of employees in order to bring them in line with the new staffing table only during the appraisal of employees. The procedure for attestation for certain categories of employees (for example, for teaching staff) set labor law. If such rules have not been developed for any category of employees, then the employer himself can establish them.

Pishikina Nadezhda

Locksmith processing of parts and assemblies according to 7-10 qualifications. I have 2 questions about wages and pensions. Remember, with a diameter of more than 30 cm, then jadeite is presented in a wide range, it comes to life again and some other increase pleases the eye. Usually used to display foods and drinks at home, or to have a specific relief pattern. My husband works as a fastener of the 3rd category, in the documents there are 4th category, how to correctly write an application for assigning him 4th category.

Demote an employee

The worker showed poor performance. However, he has been working for a long time and doing well. Should I break up with him immediately? Maybe give him a second chance, but at a lower position?

of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the tariffing of work and the assignment of tariff categories to employees are carried out taking into account the tariff and qualification reference books containing the qualification characteristics of various types of work, depending on their complexity, indicating which category this or that work corresponds to, as well as the requirements, that apply to the knowledge and skills of the employee. Entrance to the site According to paragraph 17 of the General Provisions of the Unified Tariff and Qualification Directory of Works and Professions of Workers, approved by the Decree of the Ministry of Labor and Social Protection of the Republic of Belarus dated 30.03.2004 No. 34, the head of the organization has the right to lower the qualification of a worker by 1 category for up to 3 months for a gross violation of technological discipline and for other serious violations that led to a deterioration in the quality of the products manufactured by him or the work performed.

How to downgrade an employee

Attention

In accordance with Article 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of the employment contract determined by the parties is concluded in writing. It is not clear from your question why the staffing table is being changed.

If its change is the result of a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), then Art. 74 of the Labor Code of the Russian Federation.

Enter the site

Enter the site
Gymnasium Pushchino, Pushchino City District, Moscow Region
How to determine the category of a worker
How to downgrade an employee
Association of Trade Unions of Russia
Pishikina Nadezhda
Demote an employee

Question: Is it possible, by decision of the qualification commission of an institution, to lower the tariff and qualification category of a worker for violating technological discipline? (Counselor of an accountant in the field of education and science, 2006, n 6) Question: Is it possible, by the decision of the qualification commission of an institution, to lower the tariff and qualification category of a worker for violating technological discipline? Answer: According to

Downgrading when changing the staffing table

Important

I’ll unsubscribe again - it’s possible, the skill level of a specialty or type of work, and not the skill level of a particular employee, for example, at a newly opened construction site, we contracted for a certain type of work, the specifics of production included types of work suitable only for the third category of an employee, and he has the 4th, 2 months before he was notified about the change in the terms of the contract due to changes in construction technology - either you get the 3rd one, or you quit under clause 7 of article 77 of the Labor Code of the Russian Federation., or you are transferred to another existing work. Gnatyuk Irina 2013-11-29 00:34 As far as I understand, it follows from the question that there is a change staffing and not changes in organizational or technological working conditions.

Legal Forum

Based on the results of the certification, an employee can be recognized as not corresponding to the position held or assigned a new category, but the level of qualification cannot be lowered. In this case, you can only fire. However, it will be very difficult for the employer to argue the results of the attestation in court, and in the vast majority of cases, employees are reinstated at work.

In this case, only a reduction procedure is possible, during which a vacancy with a lower level must be offered. If the employee does not agree, he will be reduced with the payment of all relevant amounts of compensation.

Inga4540 2013-11-28 11:50 dvusp writes: You cannot unilaterally change the skill level by notifying two months in advance. .

Downgrading

Employee's personal card How to make an entry about the transfer within the same organization in the employee's personal card At the end of the procedure, make a note about the transfer in the personal card and familiarize the employee with it under the signature (instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). Ivan Shklovets, Deputy Head Federal Service on labor and employment 3.
Answer: How to apply for a dismissal repeated failure grounds for dismissal When an employee can be dismissed for non-performance of labor duties .
The amount of this compensation is determined by the court. That is my humble opinion. As long as you live, you must live! Live, Think, Feel, Love! Andrymaster Registered: 07/21/2005Messages: 651 Added: 20:12, Sun 04 Dec, 2005 Post subject: And a little more judicial practice to the above by me. Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004

N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" 16.
Based on the content of articles 60 and 72 of the Labor Code of the Russian Federation, the employer is not entitled to demand from the employee to perform work not stipulated by the employment contract, except as provided for by the Code and other federal laws, as well as to transfer the employee to another permanent job without his consent. A transfer to another permanent job in the same organization, requiring the written consent of the employee, should be considered a change in the labor function or other essential terms of the employment contract (part one of Article 72, Article 57 of the Labor Code of the Russian Federation).

Downgrade in qualifications. Is it lawful for a worker to lower the wage and qualification category for gross violations of technological discipline for a period of up to three months? Documentation of the translation

Is an organization applying the simplified taxation system and defining the object of taxation as income reduced by the amount of expenses entitled to accept as expenses the costs of paying for audit services? »

Enter the site

Gymnasium Pushchino, Pushchino City District, Moscow Region

How to determine the category of a worker

How to downgrade an employee

Association of Trade Unions of Russia

Pishikina Nadezhda

Demote an employee

How to downgrade an employee

Enter the site

Downgrading when changing the staffing table

Legal Forum

Downgrading

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