How to demote
There are two legal ways to reduce workers inpositions. by agreement of the parties, either by attestation and revealing its inconsistencypositions. Of course, the most convenient way is first. To do this, you need to negotiate with the employee. If he himself understands that he has omitted many mistakes and is not in a position to be on thispositions. then, as a rule, he either agrees to a decrease or starts looking for a new job.
However, most workers do not want theirpositions. which is quite understandable. In this case, the reduction can be made only after the attestation of the employee: according to paragraph 3 of Part 1 of Article 81 of the Labor Code of the Russian Federation, insufficient qualification must be officially confirmed by the results of certification. This means that the company needs to conduct certification of employees, which would show insufficient qualification of this employee.
It is best if the company regularly conducts personnel certification and, accordingly, has documents that document how certification should be carried out and what results should be shown by qualified employees in one or anotherpositions. If such certification is not carried out, it will be necessary to organize it. To conduct certification, a certification commission must be formed, consisting, as a rule, of company executives, human resources managers and other employees of the company (if necessary). Attestations are not subject only to employees who have worked in thepositions less than a year, pregnant, retired.
Based on the results of certification (in the event that they are unsatisfactory), the employer has the right to lower the employee inpositions. dismiss him, transfer him to a different position or change the conditions of his work (payment, powers, etc.).