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The refusal of the remote worker to transfer to work in the office is not a reason to fire him

The emploee was assignet to the remote worker. Because of this, was decided to transfer him to the office. The worker did not agree to new working conditions and was dismissed due to changes in organizational or technological working conditions.

Such a dismissal was declared illegal by the court. The employer had the opportunity to maintain working conditions. If an employee initially under the contract performed his functions remotely and as a result of the reorganization, they did not change, then his presence at the office did not become mandatory.

Documents: Appeal determination of the Moscow City Court of 04.04.2019 in case N 33-14969/2019