28.02.2024

IN WHICH CASES CAN WE REQUEST A CHANGE OF OUR JOB POSITION

Most often, in practice, reassignment is made on the basis of the Labor Code, which contains the general regulations for changing the employment relationship by mutual agreement.

The general legal principle regarding contracts is enshrined in the law - they can be amended by the common will of the parties, that is, with the mutual consent of the worker or employee and the employer, expressed by signing a so-called supplementary agreement.

As the rule is that the form of the agreement amending a contract must be the same as the form of the contract itself, the supplementary agreement to amend the employment contract must also be in writing.

According to the Labor Code, within three days of the conclusion or amendment of the employment contract and within seven days of its termination, the employer or a person authorized by him is obliged to send a notification of this to the relevant territorial directorate of the National Revenue Agency. That is, after forming the additional agreement, the employer's obligation is to send a notification to the National Revenue Agency within three days.

At the moment, this is the legal regulation in the Labor Code regarding the change of the position of the worker or employee.

As has already become clear, according to the law it is required that the change of the employment relationship, in the case of the position, takes place when there is the consent of both the worker or the employee and the employer. Please note that the law speaks of "Change of the employment relationship by mutual consent". Therefore, workers and/or employees should agree. Consent should also be given by the employer as a party to the employment relationship. The judgment of this remains his on a case-by-case basis.

The job description is this important document from the worker's or employee's work file, which specifies all the work duties of the position held.

Upon conclusion of the employment contract, the employer is obliged to hand the worker or employee a job description. It expressly regulates the rights and obligations of the worker or employee related to the nature of the work assigned, resulting from the position held. It also indicates the code according to the National Classifier of Professions and Positions, the educational and qualification requirements for occupying the position, connections and interactions with other positions that will take place in the enterprise during the execution of the contract.

The job description specifies the volume and range of requirements for the worker or employee to perform the position, his work functions and duties. They should be logically related to the position by their nature, and their volume should not exceed the physical human capabilities for their implementation within normal working hours.

In particular, it should be noted that there is no obstacle for the employer to approve changes in the job description after concluding the employment contract, and this in no way necessarily means that the position to which the worker or employee is assigned should also be changed. These changes may result from amendments to regulations, be related to setting higher requirements for holding the position, and others.

Reference:

Article 119 of the Labor Code

Art. 62, para. 3 of the Labor Code