Change of employment terms

Amending employment conditions involves formal changes to the existing employment contract between the employee and the employer.

The following are the recognized grounds for amending employment conditions:

• Changes to working conditions, such as modifications to wages, working hours, vacation duration, and other work-related conditions
• Employee's transfer to a different job (position) – a change in the employee's labor function while remaining with the same employer
• Change in the employee's workplace by relocating the employee's physical location of work

The process for amending the employment contract begins with a supplementary agreement to the employment contract signed by both the employee and the employer. The supplementary agreement must be in writing and made in at least two copies. The employer then issues an order formalizing the changes based on the signed supplementary agreement.

Right to change working conditions

Both the employee and the employer can mutually agree to change the employee's working conditions.

If the employment contract explicitly grants the employee the right to request changes to their working conditions, the employer must consider such request of the employee within 3 days of its submission. A written explanation is required if the employer denies the employee's request.

The employer has the right to change the working conditions without the employee's consent if the previous working conditions cannot be maintained due to changes in technology or a reduction in the volume of work. However, the employer must provide the employee with a written notice of these changes at least 2 months in advance. If the employee declines to work under the new conditions after the notice period, the employment contract may be terminated, with the employer obligated to provide severance pay and compensation for the job search period.

Transfer to different job (position)

The transfer of an employee to another job (position) is a change in the employee's labor function while they continue to work for the same employer. The transfer of an employee to another job can be permanent or temporary.

Permanent transfer of an employee to another job is allowed only with their consent. Temporary transfer of an employee to another job is carried out with their consent, except in cases of production necessity or downtime. The employer is obligated to familiarize the employee with the content of the work before obtaining their consent.

It is not allowed to transfer an employee to another job if there are contraindications for the employee due to their health, confirmed by a medical report.

During the period of an employee's temporary transfer to another job due to production necessity or downtime, the employee's wages are paid according to the work performed, but not lower than their previous average salary. The period of transferring an employee to another job in such cases may not exceed a total of 60 calendar days during the calendar year.

If it is impossible to continue working according to the labor function under the employment contract for objective reasons, the employer is obligated to offer the employee another job that corresponds to the employee's specialty and qualifications, and in its absence, other work available with the employer.

Change in employee's workplace

If work at a certain workplace was not stipulated in the employment contract, changing the workplace of an employee, while continuing to work under the same working conditions, does not require the employee's consent.

If work at a certain workplace was stipulated in the employment contract, then changing the workplace is allowed only with the employee's consent.

When an employer relocates to another location (territory located at a distance from the employee's place of residence, which does not allow the employee to quickly return to their place of residence), the employer is obligated to notify the employee in writing no later than 2 months in advance. If the employee refuses in writing to move with the employer to another location, the employment contract with the employee shall be terminated with the payment of severance pay to the employee.

See our article on dismissing an employee.

Secondment of employee to another employer

The secondment of an employee to another employer may be carried out only with their written consent for a period not exceeding one year and is carried out on the basis of a separate fixed-term employment contract concluded with the employer to which the employee is seconded. The employment contract concluded at the previous place of work shall be suspended for the period of the employee's secondment. Upon completion of the secondment period, the employee shall be provided with their previous job.

Adverse changes and consultation

When an employer makes adverse changes to working conditions affecting a significant number of employees, the employer is obligated to provide the local labor authority with information on the reasons for such changes, as well as to hold preliminary consultations with the trade union committee. This requirement applies if the number of employees whose working conditions are changing is equal to or exceeds the following number:

• 50 or more employees within 30 calendar days
• 200 or more employees within 60 calendar days
• 500 or more employees within 90 calendar days

Unlawful amendment of employment contract

If an employee believes that the changes made to their employment contract are unlawful, they have the right to appeal the amendments. In such cases, the burden of proof lies with the employer to demonstrate the necessity of the changes. Should the changes be deemed unlawful, the employee's request to reinstate the previous working conditions must be granted.