29.02.2024

HOW TO REACT WHEN THEY CHANGE OUR JOB

In today's society, where the dynamics of the labor market and the business environment are in constant change, understanding and respecting the rights and obligations of both employers and employees plays a key role in maintaining fair and balanced employment relations. In this context, one of the main principles that regulate the relationship between employers and workers is the principle of modification of the employment relationship.

This principle, which is enshrined in the Labor Code, requires the express and written consent of all participants for any change that affects their employment status. Let us consider the importance of this principle and what are its applications in practice.

According to the current legislation, the general principle when amending the employment relationship is to do so with the express consent of the parties, which must be expressed in writing. Regardless of whether it is for a fixed or indefinite period, the employer must offer the change to the employee in writing by means of a supplementary agreement or a new contract, with the employee certifying his possible consent by his signature.

One of the key points in this context is the mandatory content of the employment contract, which includes the place of work, the title of the position and the nature of the work. Changing any of these items requires the employee's written consent. For example, if the employer offers the employee a change of workplace or job title, it is necessary for the employee to agree in writing to these changes.

However, according to the Labor Code, it is not considered a change in the employment relationship when the worker is transferred to another workplace in the same enterprise without changing the place of work, the position and the amount of the basic salary. This means that if a worker is moved from one building to another without changing other aspects of his work, no express consent is required for this change.

For example, if a worker or employee in a large corporation that has several offices in different parts of the city works as an administrator in the company's office in the city center. At some point, due to changes in the organization of the work space, the company decided to move some of the workers or employees from the central office to newly rented premises in another district, but without changing their positions or salaries.

According to the Labor Code, this change in the workplace, without affecting other aspects of his work, is not considered a change in the employment relationship. Here, the express consent of the worker or employee is not required for this change, as the basic parameters of his position and remuneration are preserved. In this way, he can be transferred to the new office without having to sign a new employment contract or additional agreement.

Understanding the principles and requirements when changing the employment relationship is essential to maintaining a fair and balanced working relationship between employers and employees. Requiring express consent and written form of changes ensures clarity and protection for all participants in the work process.

Reference:

Art. 66, para. 1, Art. 118, Art. 119, Art. 120, paragraphs 1 and 3 of the Labor Code