The transfer of an employee to another job or position is a fairly common phenomenon, because companies live their own lives, something changes in them, like its employees. For example, a transfer may occur in connection with the career growth of an employee, or a transfer to a branch, or a job change is necessary for medical reasons, or when a company moves, etc.

There are many reasons for transferring an employee to another job, and both the employee and the employer can act as the initiator. However, when transferring, as well as other personnel changes, it is important to follow the procedure, correctly execute all documents, etc. The procedure for transferring an employee to another position is regulated by the Labor Code and other regulations. In our article, we will not only talk about the features of the transfer procedure, but also provide a sample transfer to another position - step-by-step instructions.

The transfer (movement) of an employee to another job is a procedure that relates to changes determined by the parties in the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation). Such a change is allowed only with the consent of both parties: both the employee and the employer. Exceptions - situations of temporary transfer specified in the second and third parts of Article 72.2 Labor Code.

The transfer of an employee to another position happens:

• temporary or permanent with the same employer;
• to another locality together with the employer;
• to another employer.

That is, a transfer is a change (permanent or temporary) labor function employee and (or) change of structural unit with the same employer or when he moves to another area. If the initiator of the transfer is an organization, then the employee must give written consent to this (an exception is Article 72.2 of the Labor Code of the Russian Federation). However, consent will not be required if the transfer takes place with the same employer, in the same locality, without changing the terms of the employment contract determined by the parties (Article 72.1 of the Labor Code of the Russian Federation).

note that the transfer or relocation of an employee cannot be contraindicated by his state of health (Article 72.1 of the Labor Code of the Russian Federation).

Also, the transfer to another position can be carried out at the initiative of the employee, which must be executed in writing, as an application. The reasons for the transfer may be, for example, medical indications, the desire of the employee, etc. If the transfer is carried out on an ongoing basis to another employer, then the employment contract at the previous place is terminated under Article 77 of the Labor Code (Article 72.1 of the Labor Code of the Russian Federation).

Temporary transfer of an employee to another job - features

The transfer of an employee to another position is considered temporary if the period of such transfer is up to one year (Article 72.2 of the Labor Code of the Russian Federation). Or it can be a replacement for an employee who is absent, but retained by him workplace, according to Russian law, for example, in the case of parental leave, etc. Such a transfer may last until the main employee returns to work.

A temporary transfer to another position is made by agreement of the parties in writing. Moreover, if the term of the temporary transfer has ended, and no other job has been provided and the employee continues to work at this place (and does not require another job), then the temporary nature becomes invalid and the transfer becomes permanent (Article 72.2 of the Labor Code of the Russian Federation).

Consent to a temporary transfer of up to one month from the same employer to work not stipulated by an employment contract is not required (Article 72.2 of the Labor Code of the Russian Federation):

• in case of unforeseen circumstances: natural or man-made disasters, industrial accidents, fires, floods, epidemics and other threats to life to prevent or eliminate their consequences;
• in case of downtime (for economic, technological and other reasons), as well as to prevent damage to property or to replace an employee who is temporarily absent, if all these cases are caused by emergency circumstances. However, transfer to another, less qualified position can be carried out only with the written consent of the employee.

Note, that if the transfer is carried out in accordance with the Labor Code without the consent of the employee, then remuneration is made according to the work performed, but not less than the average earnings for the previous, main position (Article 72.2 of the Labor Code of the Russian Federation).

Transfer to another position for medical reasons - features

A separate article in the Labor Code is devoted to the transfer of an employee to another position in accordance with an official medical certificate issued by existing rules. In general, on the basis of such a medical report, the employer must transfer the employee (with his written consent) to a job suitable for him for health reasons.

However, in practice there may be various situations, for example, a temporary suspension from the work performed is necessary, there is no suitable position in the organization, the employee refuses to be transferred, etc. Then the code provides for the following provisions:

• if, for medical reasons, a temporary transfer to another position (up to 4 months) is required, and the employee refuses, the employer can remove him for the required period with the preservation of the workplace, but without accrual wages(exception - cases stipulated by Russian legislation or internal documents of the company);
• if, for medical reasons, a temporary or permanent transfer is required by the head of the company (branch, representative office or other separate subdivision) or his deputy, or the chief accountant, and he refuses him, then the employment contract must be terminated under article 77 of the Labor Code. However, at the request of the employee and further agreement of the parties, only temporary suspension (term by agreement) is possible without payroll, except as provided by law or internal documents of the organization.

How to transfer an employee to another job - step by step instructions

In this section, we offer you a sample transfer to another position of an employee - a step-by-step instruction, which is carried out in a general manner (with the same employer, in the same area).

If a transfer initiator employer(including for medical reasons), then initially he must prepare an offer to the employee in writing, in two copies, indicating the new position and unit. A new job offer is registered in the notice log. On one copy of it, the employee must sign for its receipt and date it. Further, if the employee agrees, he writes an application for transfer to another position, which is recorded in the application registration log. Or the employee can write that he agrees to the transfer immediately on the offer.

After that, the employer prepares an additional agreement to the employment contract in duplicate, which is signed by the employee and the organization. One copy is issued to the employee, and the other with his mark of receipt remains with the employer. After that, an order is prepared for transfer to another position, which is introduced to the employee, he signs it and puts a date. The order is also registered in the organization's orders journal.

After that, a corresponding entry is made in the employee’s work book: the date is filled in, “Transferred to the position“ Position name ”(subdivision, if changed) is written, and information about the transfer order is indicated.

If a the employee does not agree with the translation after sending him an offer, then you need to draw up an act of refusal to receive the employer's offer signed by the originator and two witnesses. This act is registered in the registration register of the organization's acts (a similar procedure is also in case of disagreement at other stages of the transfer procedure, for example, if you refuse to read the transfer order). And in the future, it is necessary to act in accordance with the situation and the labor code, that is, for example: offer another position (if any), leave it at the same position, temporarily suspend or dismiss.

If a transfer initiator employee(including in the case of medical indications), then he must write a corresponding application himself, also indicating the position and unit, and send it to the employer. The further procedure is similar, already painted. An additional agreement is being prepared for the employment contract and an order for transfer, an entry is made in the personal card and work book, etc.

To summarize:

As you can see, the transfer of an employee to another position is a rather painstaking procedure, but not the most difficult in personnel office work, although there are a lot of nuances on how to act in certain cases, whether it is a transfer to another division, branch or to another employer. But the main thing is to comply with the basic conditions: the consent of both parties, the procedure for actions, correctly draw up documents, and also not contradict the Labor Code and other regulations. If you think that you need help with the translation procedure, then you can always contact a company that specializes in .

See also:

Transfer to another position is a common procedure associated with the production need or desire of an employee.

The procedure is legal, and is also defined in the Labor Code of the Russian Federation as a transfer to another job. It comes in several varieties and own order paperwork.

Reasons initiated by the employer

Transfer in this case can be of two types, depending on the location of the future workplace and the change of employer:

• internal;
• external.

In the first option, the employee remains at the same enterprise, but can be transferred to another structural unit. External transfer involves employment in a third-party organization with prior dismissal from the previous job.

By duration, they distinguish:

• temporary;
• constant.

Temporary cannot last more than 1 month. With constant, additional execution of various documents takes place, as well as changes are made to the employment contract.

Possible grounds for internal permanent transfers at the initiative of the employer:

• Staff reduction.
• Mismatch of employee qualifications.
• Changes in the technological process.
• Job opening.
• The impossibility of performing duties by an employee due to administrative punishment.
• Lack of licenses, permits, permits and rights for certain activities (or their invalidity).

Each of the reasons must be officially justified and displayed in the documentation. Under any circumstances, the medical indicators of the worker are taken into account, that is, the new work is selected so that he can perform it without harm to health.

If you plan to move to another position within the same locality, then there will be no translation. The official procedure is resorted to if the employer himself, production or offices, as well as an individual employee, “move” to another locality.

Moving from one workplace to another in the same workshop, office, city, etc. is not considered a transfer.

It is noteworthy that the employee must be reinstated in the same place if there is a corresponding court decision.

Transfer is also possible at the initiative of the worker. For example, a vacant position is accompanied by an increased salary and the best conditions labor, then he has the right to turn to his superiors to reach an agreement. The employee must have suitable qualifications, work experience, and no medical restrictions.

All the nuances of this procedure according to the Labor Code of the Russian Federation are analyzed in detail in the following video:

Consent to transfer

Almost every such procedure requires mutual approval, which is required by the legislation updated several years ago. You can do without the consent of the employee if the prerequisites are as follows:

• Emergency events.
• Work accident or accident.
• Replacing another employee (temporarily absent).
• Prevent damage to property, including theft.
• Forced downtime.

All of the above factors serve as reasons for a temporary transfer, in which the performance of newly assigned duties occurs within 1 month.

Permanent transfers mean written consent of both parties. In addition, there are certain rules registration of additions to the main employment contract between the employee and his immediate employer. After all, in addition to the place, other conditions approved during employment also change. Only then can the procedure be considered legal.

All notices and decisions are signed by both parties, confirming their familiarization with the document and proposal.

Almost all stages of the procedure are documented in order to protect the parties in case of possible recourse to the courts for proceedings. Additionally, registration forms and journals are created for registration and assignment of numbers. This will avoid confusion in the workflow.

Documentation procedure

Internal and permanent transfers are made according to the standard procedure. The initiator sends the decision to the second participant in the process:

• If this is an employee- a statement indicating his position, his own surname and initials and the addressee. After the cap, they describe the subject of the application and the rationale for making a decision in their favor. At the bottom put the date and signature. The document is registered in accordance with the Regulations on office work or other regulatory acts. The employer or other person with the authority to transfer imposes a resolution with the decision taken.
• If the initiator is a senior employee(head, director, head of department), then he makes a proposal or presentation. The second option is appropriate for promotion. In both documents, they write data about the compiler, addressee, reason for the transfer and position. The proposal additionally describes working conditions: wages, duties, and the like. The submission is sent to higher management. The employee must confirm consent or indicate that he does not accept the offer at the bottom of the sheet by signing, indicating his own decision and date. Neither the submission nor the offer shall have a seal imprint.

After resolutions, registrations and decisions, the document is transferred to the person responsible for the implementation. It is indicated by management. An additional agreement to the employment contract is being prepared. It prescribes new conditions, indicates the details of both parties. After the signature, it comes into force and is an integral part of the main contract. Each copy is accompanied by the original supplementary agreement.

The notification is made if the transfer is associated with moving to another locality. It is also recorded in a separate accounting journal, and the design is the same as that of an offer or presentation. An additional agreement can be drawn up and signed without prior written negotiations using the above documents.

The Labor Code of the Russian Federation and related acts do not contain a mandatory requirement for drawing up notifications and proposals.

For any translation, order. He is assigned a number, put the date of creation. It contains information about the previous and new place of work, indicating the salary, data about the employee, the reason for the transfer. unified. In the line "base" write the number and date additional agreement to an employment contract. At the end, authorized persons are signed - the head of the organization and the employee. A medical report can also serve as a basis.

The finished draft order is registered in the journal of such administrative documents. The completed and approved document is attached to the personal file. From the moment indicated by the date in the order and in the additional agreement, the employee is obliged to go to a new place of work.

Entry in the work book is needed if the internal transfer is carried out on an ongoing basis. External also falls under this requirement, but with a different definition - dismissal and subsequent employment in a third-party enterprise. Always put a link to the order in the form of it registration number and dates. They also make an entry in a card from a personal file. Temporary transfer is not processed in this way.

Nuances of the procedure

• The reasons for the temporary transfer are listed above. As a rule, such processes occur when absolutely necessary or where work is associated with increased risks of production disruption. The procedure does not require entries in work books, additional agreements and consent.
• Transfer with a decrease in salary is possible either by agreement of the parties, or if the qualifications of the employee do not match the position held. After official events (, exams), which are provided for by laws and acts, and if the result is negative for the employee, you can transfer him to another place with a decrease in salary.
• Retroactive transfer orders cannot be made. Otherwise, there will be confusion with vacations and payroll.
• Pregnant women have the right to demand a transfer to a job where there is less workload, and the employer in this case has no right to refuse. The employee provides an official medical report. In the process of transfer, she is released from work, but her salary is preserved and cannot be less than the average. In case of medical examination, the procedure for remuneration of labor is similar.
  Women with children under the age of 1.5 years are transferred to another position with a salary like that of pregnant women in a similar situation if they cannot perform their current job. When the child reaches 1.5 years old, they will have to return to their previous conditions.
• The transfer of a materially responsible person involves reconciliation. The presence of valuables is checked using accounting data, in order to then transfer them to another employee.
• There are nuances when working with . So, an employee is sent for a medical examination if the conclusion from the past is no longer valid. If the state of health is satisfactory, then he is allowed to perform new duties. Also, according to the rules, it is necessary to conduct briefings on labor protection.

In any organization, both with a large staff and with a small one, it may be necessary to temporarily transfer an employee to another job. How to arrange a translation correctly, in which cases the consent of the employee is required, in which not, what are the various consequences of incorrect translation and execution - we will understand in this article.

Do not confuse the temporary transfer of an employee to another job with part-time and combination. Consider first the difference between temporary transfer, part-time and combination.

part-time

The concept of "combination" is contained in Art. 282 of the Labor Code of the Russian Federation. A part-time job is the performance by an employee of another paid job in his spare time, and the number of such part-time jobs is not limited, the main thing is not to the detriment of the main job. Part-time work is displayed in the employment contract indicating that it is not the main one. Compatibility is of two types:

• internal part-time job is work for the same employer, in the same organization;
• external part-time work is work for other employers, in other organizations.

Combination

The concept of "combination" is contained in Art. 60.2 of the Labor Code of the Russian Federation. Combination is the performance by an employee of a greater amount of work, for example, the performance of more duties of an absent employee. At the same time, the employee is not released from the main job and works in combination not in free time and during main business hours. In other words, the worker has a heavy burden. The employee can then perform extra work both in one profession and in another. When combining, it is not required to conclude a new employment contract, in contrast to part-time employment.

Temporary transfer to another job

Temporary transfer of an employee to another job occurs by agreement of the parties, concluded in writing. The concept of temporary transfer is contained in Art. 72.2 of the Labor Code of the Russian Federation. An employee may be temporarily transferred to another job with the same employer for up to one year. A situation may arise that the transfer is required during the absence of another employee and its duration does not fit into one year, then the period will be set with the wording "until the main employee goes to work."

If, after the expiration of the temporary transfer period, the employee did not demand to return him to his previous job, the “old” job was not provided by the employer and the employee continues to work, then the transfer is automatically considered permanent.

That is, unlike a combination and part-time job, during a temporary transfer there is no additional burden in excess of the main job (neither from your employer, nor from another), it does not bring additional income to the employee and, accordingly, is often simply not interesting to him.

Let's consider three cases of temporary transfer: in agreement with the employer, according to production needs and forced transfer.

Temporary transfer by agreement of the parties

Temporary transfer by agreement of the parties is probably the easiest transfer. It seems to be nothing complicated, but at the same time, the employer needs to pay attention to the correct design of such a translation.

Consider a situation where the main employee either fell ill, or went on a business trip for a couple of months, or went on a long vacation, or on a regular another vacation, and it became necessary to replace such an employee. Here, it is just possible to temporarily transfer an employee to the position of an absentee, since, for example, there are urgent unfinished issues, without signing any documents, production will stop or the employee quit altogether, but for now they will find a replacement for him, it is necessary to perform certain work.

Unlike part-time employment, a temporary transfer of an employee is not displayed in the work book, everything happens exclusively by agreement of the parties. Although, on the other hand, it is necessary to display a temporary transfer in personnel documents, namely in the employee’s personal card in the T-2 form (clause 4 of the Rules for maintaining and storing work books, approved by Government Decree Russian Federation dated April 16, 2003 No. 225).

Before transferring a temporary employee to another job, it is necessary to inform him about it. How long is not established by law, so there is no need to wait for certain days, weeks. Such a message (notification) can be both in writing and orally, the main thing is to get the consent of the employee that he is not against it.

After obtaining consent between the employer and the employee, an additional agreement is concluded to the employment contract, in which it is necessary to indicate the basis for the transfer, for how long the transfer is carried out, the level of wages, if it is subject to change, working time if it is different from the real one. The level of wages is also not determined by law and remains at the discretion of the employer and employee, i.е. by agreement.

It is advisable in such an additional agreement to clearly indicate the time of the temporary transfer. For example, if this is a business trip of another employee or a production need, you can specify a certain date until which the transfer will be made; if before a certain event - this event is indicated, for example, the employee's exit from vacation, the acceptance of a new employee for this position, etc.

After drawing up an additional agreement, the manager draws up an order for the temporary transfer of an employee in the form No. T-5 or T-5a (these forms are approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1). In such an order, the employer should indicate the reasons for the temporary transfer, the work performed, the term and wages.

The employer should not forget that with this order, as with others, the employee must be familiarized with signature. This familiarization and signing of the order by the employee will be the official receipt of his consent to the temporary transfer.

Also, employers should take note of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, which clearly states that an employee can be temporarily transferred to another job only with the same employer with whom he is in labor relations and work should not be contraindicated for health reasons. It is also stipulated that if, when transferring to another job in the event of downtime, the need to prevent the destruction or damage to property, or to replace a temporarily absent employee, the employee will have to perform work of a lower qualification, then such a transfer, by virtue of Part 3 of Art. 72.2 of the Labor Code of the Russian Federation is possible only with the written consent of the employee (clause 18 of this Decree).

An employer's action will also be a mistake if, for example, an employee was temporarily transferred to another job and then fired, because the employer took another employee to his previous place. Do not forget that during a temporary transfer, the employee retains his workplace and he can safely return after the agreed period. This situation was considered by the Constitutional Court of the Russian Federation, and such a conclusion is contained in the Ruling of the Constitutional Court of the Russian Federation of December 24, 2013 No. 1912-O: “The court explained that Art. 72.2 of the Labor Code of the Russian Federation provides for cases of temporary transfer to another job, while, by written agreement of the parties, an employee can replace a temporarily absent employee, who, in accordance with the law, retains a job until this employee returns to work. At the end of the transfer period, the employee is guaranteed the provision of the previous job, but if the employee was not provided with the previous job, he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent. Such regulation also cannot be considered as violating the constitutional rights of citizens.”

Temporary transfer if necessary

The concept of temporary transfer in case of operational necessity is also contained in Art. 72.2 of the Labor Code of the Russian Federation. Two cases are considered:

• in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer in order to prevent these cases or eliminate their consequences;
• the transfer of an employee without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent the destruction or damage to property, or replacement temporarily absent employee, if downtime or the need to prevent the destruction or damage to property or to replace a temporarily absent employee is caused by extraordinary circumstances.

It is also clarified that temporary transfer to work requiring lower qualifications is allowed only with the written consent of the employee. And also in case of temporary transfers on the above grounds, the level of wages is made according to the work performed, but not lower than the average earnings for the previous job.

With such a transfer, in the event of a production need, the employer should take into account that in the event of disputes with employees, he will be obliged to prove the existence of circumstances that led to a temporary transfer for the named circumstances. This is expressly stated in paragraph 17 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Consider, for example, the following situation: there was some kind of catastrophe (accident) at work, the employer issued an order for the temporary transfer of workers to eliminate the consequences of the catastrophe (accident) and did not indicate the reason for the transfer in it, and the employee did not agree to transfer, even temporarily, to work to eliminate the catastrophe (accident). Subsequently, due to the fact that the employee refused to temporarily transfer to another job, the employer fired him. Is it legal in this situation to dismiss an employee because of his refusal to temporarily transfer?

To resolve this issue, let us turn to the Ruling of the Kemerovo Regional Court dated February 29, 2012 No. 33-1817: “... When considering the case, the court concluded that the employer had grounds for transferring the employee, that is, circumstances that endanger life and normal living conditions the population or part of it. The court referred to such circumstances the deformation of the support, which can lead to the collapse of the rock and the death of people, as well as the blocking of the conveyor belt, which can lead to smoke, fire and fire.

However, when considering the case, the defendant (employer) did not provide evidence of the existence of emergency circumstances that necessitated the temporary transfer of the employee without consent to work not stipulated by the employment contract.

About the presence of any emergency circumstances that allow the transfer of employees in accordance with Part 2 of Art. 72.2 of the Labor Code of the Russian Federation, not mentioned in the order.

In addition, such involvement of an employee in work by the employer was not properly executed, since the order applies to tunnellers, and he worked as a mining machine operator, and therefore an order should be issued in form No. T-5 indicating the reason for his transfer. In this case, the basis for the transfer is of fundamental importance, the order must be supported by relevant documents, otherwise the employee may refuse to transfer.

Russian legislation does not establish the obligation of an employee to be at the workplace in the event of his illegal transfer. Under such circumstances, his refusal to illegally translate could not be regarded as a violation labor discipline, in connection with which the imposition of a disciplinary sanction on him in the form of dismissal is unlawful.

In paragraph 40 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, it is prescribed that when considering a case on the reinstatement of a person transferred to another job and dismissed for absenteeism due to refusal to proceed with it, the employer is obliged to provide evidence testifying to the legality of the translation itself (Articles 72.1, 72.2 of the Labor Code of the Russian Federation). If the transfer is recognized illegal dismissal for absenteeism cannot be considered reasonable and the employee is subject to reinstatement in his previous job.

Taking into account the circumstances of the case and the requirements of the law, it is significant for resolving the case whether the employer complied with the law when transferring an employee to work not stipulated by an employment contract.

Having established these circumstances, the court of first instance concluded that there was a case under Part 2 of Art. 72.2 of the Labor Code of the Russian Federation, endangering the life or normal living conditions of the entire population or part of it, and therefore considered that the employer had the right to transfer employees without their consent to work not stipulated by an employment contract in order to prevent this case.

Based on the analysis of this case, employers should think about the fact that for a correct temporary transfer in the event of an operational need, they should either obtain the consent of the employee for a temporary transfer, or independently issue an order on the temporary transfer of the employee / employees with the obligatory indication of the reason for such a transfer. At correct design a temporary transfer order indicating the reason, timing or a specific event, the employer will be able to avoid misunderstandings on the part of employees, as well as save themselves from litigation.

It should also be taken into account that the employee has the right to refuse the transfer if it is dangerous for his life and health. Unreasonable refusal of an employee from a temporary transfer in these situations will be regarded as disciplinary offense, and absence from work is like absenteeism. This is clearly stated in paragraph 19 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

However, by virtue of par. 5 hours 1 art. 219, part 7 of Art. 220 of the Labor Code of the Russian Federation, an employee cannot be subjected to disciplinary action for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, with the exception of cases established by federal laws, until such a hazard is eliminated, or from performing work with harmful and (or) hazardous conditions work not covered by the employment contract. Since the Labor Code of the Russian Federation does not contain norms prohibiting an employee from refusing to perform such work even when they are due to a transfer on the above grounds, the employee’s refusal to temporarily transfer in accordance with Art. 72.2 of the Labor Code of the Russian Federation for the reasons mentioned above is justified.

Temporary transfer in the cases specified above is allowed only for a period of up to one month and should serve the purpose of preventing these cases or eliminating their consequences.

Conclusion

In conclusion, I would like to note that a temporary transfer is carried out by agreement of the parties, but this is at best. Then it just needs to be properly drawn up so that claims against each other do not arise in the future.

When a temporary transfer of an employee in case of production necessity, it is imperative to indicate in the order itself why such a temporary transfer is necessary. It should not be forgotten that if the functions of the employment contract do not provide for the conditions for preventing the consequences of any disasters or the transfer to work is in no way connected with the skills, knowledge, skills of the employee and the transfer will really threaten his life and health, only in this case the employee can refuse the transfer. I repeat, an unreasonable refusal of an employee from a temporary transfer in case of production need, with a real need in the organization, is not allowed.

Accordingly, taking into account all the necessary written formalities and understandings when it is possible or necessary to temporarily transfer an employee to another job, the employer will protect himself from disputes with employees.

Irina Chuchkina - lawyer-consultant of IK U-Soft LLC, Regional Information Center of the ConsultantPlus Network. Editorial staff of the magazine "Kadrovik"

• HR policy, Corporate culture

Labor relations in modern society differ in complexity and ambiguity. They include many nuances that must be considered by both the employee and the employer.

A common practice in production is the transfer of an employee to another position for any reason. All changes in matters of labor relations are required by the current legislation to be documented.

Legislative regulation of the issue

In order for such a major change in the employment relationship to take place legally, it is required to draw up transfer order- a special document fixing the rearrangements that have occurred in production.

The issue of transferring employees within the framework of divisions or labor functions of one enterprise is regulated by the labor legislation of the Russian Federation, in particular, articles 30, 35, 40, 73, 77 of the Labor Code of the Russian Federation and other regulatory documents.

From a legal point of view, this procedure means changing the essential conditions of the previously concluded. In this regard, the employer instructs the employee to perform work in accordance with another profession, specialty, qualification or position. The only exception is a change in the name of the profession of this employee, then this is not considered a transfer.

The regulation of this procedure is described in the following video:

General order of transfer

An employee of an enterprise or organization can be transferred to another position according to own initiative, at the initiative of the employer or for health reasons. In addition, said transfer may be temporary or permanent.

Permanent and temporary transfers differ in time frames and design features. In the first case, with a permanent transfer, an irreversible change in the labor function follows, for which the employee without fail conclude , a corresponding entry is also created in . In the second case, changes are recorded only in the order.

When transferring to another permanent work grounds may be:

If carried out temporary transfer to another position, the date of completion of the work may not always be known. As a rule, the main reason for the temporary transfer of an employee is the replacement of another employee who will not work for this production for an unknown period of time (maternity leave, child care, etc.).

In cases where the transfer of an employee within the enterprise is related to his state of health he may be offered easier working conditions. The same applies to the transfer to another position of an employee in connection with her pregnancy.

The Labor Code of the Russian Federation prescribes in a number of cases, when an employee is transferred for health reasons to a position with a lower salary, to leave him (established for the position he previously held) within one month from the date of transfer.

When the reason for the transfer is an occupational disease or an injury received at work, the employee retains the old salary for the entire period of his professional duties in this position.

An employee can be transferred to another position in an organization at the initiative of the employer or in connection with his own interests and plans. The order also formalizes the movement of an employee to a new workplace in a branch or territorial subdivision of the organization.

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Compilation and execution of the necessary documentation

In case of transfer to another position at the initiative of the employer, the employee is provided notification from the management of the enterprise about the proposed changes in his work biography.

If the transfer is made at the initiative of the employee, then it is required to supply statement or memorandum , where the real prerequisites are indicated that justify the upcoming transfer.

An application or a memorandum requesting a transfer to another position, an amendment to an employment contract, a medical report and other types of documents act as the basis documents for the transfer procedure and drafting employee transfer order to another position.

The corresponding order draws up the procedure for transferring an employee to another position and is issued by the management of the organization. This document may be submitted in an arbitrary form, or may be approved using a form specially created for it (both cases are allowed by law).

The unified form of the order is contained in the T-5 form (applied if one employee is transferred to another position), or in the T-5a form (if a group of employees is planned to be transferred). As a rule, the uniform drawing up of an order is more convenient and is used most often. Filling out the order can be done by hand or using a computer set on electronic means.

If the order is drawn up according to ready-made forms - T-5 and T-5a, then it already has ready-made details for the transfer, and you only need to enter the missing information: the name of the organization, its number and date of the document, as well as the date the employee was transferred to another position within the organization.

If a temporary transfer is carried out, then it is necessary to indicate the end date of his labor activity in this position.

AT the main content of the order on the transfer of an employee in an organization to another position, the following data must be entered:

1. Full name of the employee in respect of whom the document is being approved;
2. the date from which he must be transferred to another position;
3. previous place of work or position of the employee;
4. what type of transfer is carried out (temporary or permanent);
5. information about the new place of work and position;
6. the basis (reason) for such a decision;
7. salary amount, tariff rate, as well as allowances and bonuses (if any) of the employee.

Responsibility for drawing up the order lies with the specialist of the personnel department of the enterprise. The document is signed by the head of the organization, and the employee who is transferred to another position puts his signature after reading the order.

A change in the terms of an employment contract when an employee is transferred to another position is fixed in the execution of a special additional agreement. In particular, working conditions are subject to change, etc. After signing by the employee and the employer, the document being drawn up becomes part of the employment contract concluded by the two parties to the employment relationship.

Also, in connection with the transfer, a special mark is made in the work book and in the personnel department. The basis for such marks is the order to transfer the employee to another position.

When does translation become mandatory?

Mandatory grounds to transfer an employee to a new position in the organization are:

This type of personnel transfer must be carried out with the mandatory consent of the staff.

Refusal to transfer and what to do in this case

An employee, even if there are sufficient grounds for transferring him to another position, has the right to refuse him. Sometimes situations arise when the employer himself cannot find a suitable place for his employee that would correspond to the new working conditions:

The rules for conducting personnel movements in 1C are presented in the following video lesson:

Permanent translation: approximate step-by-step procedure (general)

PERMANENT TRANSFER OF AN EMPLOYEE TO ANOTHER JOB:

1. One of the parties (employee or employer) comes up with the initiative to permanently transfer the employee to another job.

The initiative may be verbal. And the parties in the negotiations come to an agreement on a permanent translation.

The idea of ​​permanent translation may have writing, but this is optional.

Continuation of the first step step by step procedure permanent translation:

1.1. If the employee himself comes up with the initiative to transfer to another job, then he can write an application for transferring him to another job (position). The employee's application is registered in the manner prescribed by the employer, for example, in the register of employees' applications.

1.2. If the employer comes up with the initiative to transfer the employee to another job, he can make a written offer to the employee to transfer to another job (position). The working conditions for the proposed position are usually described in the employer's proposal, a copy job description is attached to the written proposal of the employer so that the employee can familiarize himself with job responsibilities by position to make a decision on the transfer.

The offer is drawn up in duplicate and registered in the manner prescribed by the employer, for example, in the register of notifications and offers to employees. One copy of the proposal is given to the employee. On the second copy (which remains with the employer), the employee writes that he is familiar with the offer, received one copy, puts the date of receipt, and signs. If the employee agrees to the transfer, then he can put a "consensual note" on the employer's proposal or write a statement of consent to the transfer.

The employee's application is registered in the manner prescribed by the employer, for example, in the register of employees' applications.

2. Familiarization of the employee with his job description(for a new position), other local regulatory legal acts directly related to his new position labor activity, - important step instep-by-step permanent translation procedure.

The procedure for familiarization with local regulations is not defined by the code, in practice there are various options:

Familiarization sheets are attached to the local regulatory act, on which employees put their signatures confirming familiarization, and the dates of familiarization (such sheets are stitched together with the local regulatory act),

Keeping logs of familiarization with local regulations, in which employees put their signatures confirming familiarization, and indicate the dates of familiarization.

A certain procedure for familiarization with local regulations can be enshrined in one of the local regulations of the employer. Find out your employer's procedure for familiarizing employees with local regulations before you begin to familiarize an employee with them.

3. Signing a transfer agreement between employee and employer.

If there are grounds, an agreement is also signed on the full liability or change agreement current contract on full liability.

The agreement and contract are drawn up in two copies (one for each of the parties), if large quantity copies are not provided for this employer.

4. Registration of a transfer agreement and an agreement on full liability in the manner prescribed by the employer. For example, an agreement may be recorded in an agreement log for employment contracts with employees, and an agreement on full liability - in the register of agreements on full liability with employees.

5. Handing over to the employee his copy of the transfer agreement.

The receipt by the employee of a copy of the agreement should be confirmed by the signature of the employee on the copy of the agreement, which remains in the custody of the employer. We recommend putting the phrase “I have received a copy of the agreement” before the signature.

If an agreement on full liability is signed with the employee, then one copy of it is also transferred to the employee.

6. Issuance of an order (instruction) on the transfer of an employee to another job.

7. Registration of an order (instruction) in the manner prescribed by the employer, for example, in the register of orders (orders).

8. Familiarization of the employee with the order (instruction) under under letter.

9. Recording the transfer in work book worker.

Information about transfers to another permanent job is entered in the work book (part 4 of article 66 of the Labor Code of the Russian Federation).

10. Reflection of information about the transfer in the personal card of the employee.

According to paragraph 12 of the "Rules for maintaining and storing work books, making work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225 "On work books", with each entry made in the work book about the work performed, translation for another permanent job and dismissal, the employer is obliged to familiarize its owner against the signature in his personal card, in which the entry made in the work book is repeated. Personal card form is approved Federal Service state statistics.