In the dynamics of employment relationships, situations in which it is necessary to change the nature of work frequently arise, either as a result of internal restructuring or in order to meet the professional development needs of the employee. Although changing an employee’s position or responsibilities may appear to be a simple managerial decision, labor law imposes clear rules to protect employees’ rights and to ensure the legality of such changes.
The Labor Code (Law No. 53/2003) expressly sets out the framework within which changes in the nature of work can be made, detailing the procedures, limits and exceptions. Employers who do not comply with these rules risk being penalized and facing labor disputes, while employees need to be aware of their rights and obligations in such situations.
This article looks at the legal provisions on changing the nature of work, the correct steps employers should take and the implications for employees.
What is a change of job description?
The job description is the concrete activity that the employee undertakes to perform in the company, as specified in the individual employment contract. It includes the job title, the main duties, the level of responsibility and the skill requirements needed to perform the tasks.
A change in the nature of the work involves a significant change in the employee’s position, responsibilities or the nature of the activities performed. This change may occur in several contexts, such as:
– Promotion or moving into a management position.
– Change of field of activity or specialization.
– Transfer to another post within the same company (to an equivalent or inferior post).
– Change of essential duties in the job description.
According to Article 41 of the Labor Code, any modification of the essential elements of the individual employment contract, including the nature of the work, can only be made by agreement of the parties, expressed in an additional act to the contract.
When can the type of work be changed?
There are several ways in which the type of work can be changed, depending on the reasons for the change:
At the employer’s initiative (with the employee’s agreement)
– Promotions – moving to a higher post following performance appraisal.
– Internal reorganization – in case of restructuring or changes in the organizational chart.
– Operational needs – adapting the business to market requirements or technological changes.
Important: Even in these situations, the employee’s agreement is mandatory. The employer cannot unilaterally impose a change of job, except in cases expressly provided for by law.
At the request of the employee
– A change of job for personal reasons (e.g. a desire to retrain).
– Reduction in responsibilities or transfer to a post with different working hours.
– Change of job for health reasons, with the advice of the occupational physician.
Legal procedure for changing the type of work
In order for a change of job to be legally valid, the employer must follow a clear procedure:
- Negotiating new conditions
The employer and the employee discuss the new responsibilities, the salary for the job, the working hours and other relevant elements.
- Drawing up the additional agreement
The change in the nature of the work is formalized in an addendum to the individual employment contract, which should include:
– The new job title
– A new probation period (if the employer wishes)
– The new salary and associated benefits (if applicable)
– The date from which the change takes effect.
- Recording the change in Revisal
The employer is obliged to register the change in the type of work in the General Register of Employees (Revisal) at the latest on the day before the change takes effect.
- Communication of new responsibilities
The employee will be given a new job description corresponding to the new duties, which will be annexed to the employment contract.
Special situations concerning changes in the nature of work
- Physical or mental unfitness of the employee
If, following a medical check-up, it is established that the employee can no longer perform the duties of the current post for medical reasons, the employer is obliged to transfer the employee to a post compatible with his/her state of health.
- Change in the type of work as a disciplinary measure
In certain situations, the employer may decide to demote an employee, which implies a change in the type of work for a fixed period (maximum 60 days), after the disciplinary procedure provided for by law has been completed.
Consequences of non-compliance with the legal procedure
Changing the nature of work without following the legal procedures can have serious consequences for the employer:
– Court challenges – The employee can challenge the decision and request that the change be annulled if it has been made without his/her written consent.
– Sanctions applied by the ITM – Failure to comply with the obligation to register the modification in Revisal can result in fines between 5,000 and 8,000 lei, according to HG no. 905/2017.
– Payment of damages – If the court finds that the modification was abusive, the employer may be obliged to pay damages to the employee.
Good practice for employers
– Transparent communication – Openly discussing the reasons for the change in the way of working and the impact on the employee helps to maintain a relationship of trust.
– Compliance with legal procedures – Any changes must be formalized by means of an addendum and registered in Revisal within the legally required deadline.
– Regular employee appraisals – Organizing internal appraisals can identify opportunities for promotion or retraining, facilitating transition to other positions.
– Involvement of the human resources department – Consulting specialists in labor law helps to avoid errors in drafting additional documents and communicating with employees.
Conclusion
Changing the nature of work is a complex process that needs to be carefully managed, respecting legal provisions and employee rights. While it may respond to the company’s operational needs or to the employee’s wishes for professional development, it is essential that it is only carried out with the written agreement of the parties and is properly recorded.
Respecting the legal framework and maintaining transparent communication between the employer and the employee helps to avoid work conflicts and build a stable and fair organizational climate.