Article 74. Temporary transition to a different job in case of technical necessity

In case of technical necessity, employer has right to transfer employee to a job position in the same organization that is not mentioned in a labor agreement for a period of no longer than one month. Wages must be paid basing on the new job position, but should not be less than average wages on the previous position. This type of transition is possible for prevention of a catastrophe or a technical accident or for elimination of the consequences of a catastrophe, technical accident or a natural disaster; to prevent accidents, standing idle (temporary stopping of work because of economical, technical, technological or organizational reasons, destruction or damage of property and for replacement of a missing employee. Employee cannot be transferred to a job position that is counter-indicated to this employee because of the state of health according to the results of medical examination.

Period of transition of employee to a different job position for performing job functions of a missing employee cannot exceed one month in a year (from January, 1st to December, 31st).

Employee can be transferred to a job position that requires lower qualification with his written consent.

Article 75. Labor relations in cases of change of organization property ownership, change of jurisdiction of an organization and restructuring of organization.

When ownership of the property of an organization is changed, a new owner has right to terminate a labor agreement with organization chief executive, his assistants and head accountant no later than in three months from the date of gaining rights of property.

Change of ownership of the property of an organization cannot be a reason for termination of labor agreements with other employees of an organization.

If an employee refuses to continue performing his job functions because of the change of ownership of organization property, then labor agreement is terminated according to Paragraph 6 of Article 77 of this Code.

If ownership of the property of an organization is changed, number of employees can be reduced only after official registration of transfer of the rights of ownership.

In case of change of jurisdiction of an organization, or in case of restructuring of an organization (merging, joining, division, transformation, separation), labor relationship is resumed with consent of employee.

If employee refuses to continue performing job functions in cases defined in Paragraph 5 of this article, then labor agreement is terminated according to Paragraph 6 of Article 77 of this Code.