Transfer to another permanent job is carried out. Transfer to another job

Labor Code in Art. 72 indicates that transfer to another permanent job in the same organization at the initiative of the employer, that is, a change in the labor function or other essential terms of the employment contract, as well as transfer to a permanent job in another organization or to another location together with the organization is allowed only with the written consent of the employee . Thus, the law establishes the sustainability and stability of employment contracts and does not, as a rule, allow unilateral changes. This change requires the consent of both parties to the employment contract.

Transfer to another job is the most common form of change in an employment contract, when either the employee’s job function, or the place of work, or the payment and working hours, or other essential terms of the contract change.

A transfer is often associated with a change in the employee’s workplace. However, not every job change is a transfer. And here it is necessary to distinguish a transfer, which requires the written consent of the employee, from a move to another workplace without any change in the essential working conditions, which does not require such consent.

Moving him in the same organization to another workplace, to another structural unit of this organization in the same area, or assigning work on another mechanism or unit is not a transfer to another permanent job and does not require the consent of the employee, if this does not entail a change in significant terms of the employment contract (Article 72 of the Labor Code).

If an employee, believing that he was transferred to another job without his consent, does not return to work and is fired for absenteeism, then the authorities considering the labor dispute must find out whether the employee’s significant working conditions have changed.

Translation for another job must also be distinguished from conditional change by the employer essential working conditions without changing the employee’s labor function. This form of amendment to the employment contract was provided for by the new parts 2 and 4 of Art. 25 Labor Code “Transfer to another job.” In the Labor Code, this form of changing the employment contract is provided for in Art. 73.

An employer-induced change in essential working conditions without changing the employee’s labor function, in contrast to a transfer to another job, is always:

1) carried out at the initiative of the employer. When transferring to another job, the initiative may also come from the employee (for example, for health reasons);

2) caused by a change in organizational or technological working conditions, which is not the case when transferring to another job;

3) entails the preservation of the previous labor function, but other essential working conditions change. During transfer, the employee’s job function may be changed;

4) obliges the employer to notify the employee in writing no later than two months before its introduction, unless otherwise provided by the Labor Code or other federal law;

5) requires the employee’s consent to continue working with changes in significant working conditions.

If the employee does not consent to this, then the employer is obliged to offer him in writing another job available in the organization in accordance with his qualifications and state of health, and in its absence - a vacant lower position or lower paid work that he can perform taking into account his qualifications and health status. And only in the absence of such work or when refusing it, the employee is dismissed under clause 7 of Art. 77 Labor Code - “An employee’s refusal to continue working due to a change in the essential terms of the employment contract.”

Other legal consequences arise if an employee refuses a legal transfer to another job, for example, due to production necessity, when it is obligatory for the employee.

Another work in practice is also considered to be a change in the degree of independence and responsibility of the work.

If the essential working conditions of an employee are changed not by the employer, but by law, then this is not a transfer and does not require the employee’s consent. For example, according to the law, the amount of wages in the public sector is changing, and a new length of vacation is being introduced.

Thus, a change by an employer in the essential working conditions of an employee without his consent must be due to changes in organizational or technological working conditions and if the same working conditions cannot be maintained.

Therefore, strict compliance with the terms of the employment contract is necessary for the stability of labor relations.

If in the employment contract the parties agreed on a specific site, facility, or structural unit, then work at another site, facility, or in another structural unit is in practice considered a transfer requiring the written consent of the employee.

Changes are not considered a translation labor process in connection with technical progress, change in working conditions in connection with a new regulatory act, change of job title without changing the job function and without moving the employee, change in the amount of wages in connection with a general change in the remuneration system, revision of the employee’s qualifications, transition of the organization to another department, a change in the workplace within the same area, workshop, organization in the same area without changing the nature of the work and significant working conditions. For example, moving a teacher to another parallel class in the same discipline, or a doctor to another equivalent area in the same location will not be considered a transfer to another job, but a job transfer. Thus, the main defining feature of a transfer is the release of the employee from the work performed under the concluded employment contract and the assignment of other work not provided for by the contract. A transfer must be distinguished from a transfer to another job, which is carried out by dismissal from one job and entry into another, although registration of dismissal is also possible through transfer.

Transfer to another location should be distinguished from business trips. A business trip, like a transfer, is one of the forms of labor movement. But their purpose and conditions are different. A business trip is considered to be a trip by an employee by order of the head of an organization to carry out an official assignment temporarily outside the place of permanent work (Article 166 of the Labor Code). In contrast to a transfer, during a business trip, the employee retains a permanent place of work, an average salary, and business trip expenses are compensated in the form of travel allowances (Article 168 of the Labor Code).

When sent on a business trip, as a rule, the employee’s consent is not required. But women with children under three years of age and persons with family responsibilities cannot be sent on a business trip without their written consent, and unless this is prohibited by medical recommendations (Article 259 of the Labor Code).

Transfers to another job include temporary substitution.

Deputy counts fulfilling the duties of a temporarily absent employee; the law classifies it as a transfer due to production necessity (Article 74 of the Labor Code). For substitution lasting more than one month a year, the employee’s consent must be obtained. The appointment of an employee as acting for a vacant position is not considered a substitution, but is, if he is released from his work, a transfer with his consent. The law does not establish a period of substitution. The release of an employee from an acting position is possible only on a general basis in cases provided for by law. If the higher authority does not approve the employee in this position, then he is relieved of his duties and is provided with work of equivalent value before the transfer (in terms of qualifications and pay).

When an employee is entrusted with performing the duties of an absent employee without releasing him from performing his main job, this is a combination of professions, not a substitution. Combining professions with the consent of the employee, as well as part-time work in the same organization, cannot be considered a transfer to another job.

Thus, transfer to another job is a change in the content of the employment contract, i.e. its essential conditions: place of work, job function, benefits, advantages, working conditions and other essential working conditions (severity, harmfulness, payment, vacation, etc.). P.).

Translation meaning to another job is varied, since he is:

1) a means of redistributing labor both within an organization and between organizations and regions of the country in order to use it more expediently;

2) a means of education through encouragement (when workers are promoted to a higher position, more qualified work) or punishment (when transfer for some workers, for example civil servants, is used as a disciplinary sanction in the interests of strengthening labor discipline);

3) means of labor protection (when required for health reasons, in case of pregnancy, breastfeeding, or if there is a child under the age of one and a half years);

4) the basis for termination of the employment contract (clauses 5, 8 and 9 of Article 77 of the Labor Code); 5) guarantee of the right to work - employment (by transferring a person subject to dismissal at the initiative of the employer under clauses 2, 3 of Article 81 of the Labor Code).

Legislation on transfers to another job promotes the correct and appropriate distribution and use of labor resources, combating labor turnover, and saving working time when an employee who is subject to dismissal through no fault of his own is employed through transfer.

Types of transfers.

All translations, depending on their duration, can be divided into:

A) transfers to another permanent job;

b) temporary transfers.

The legislation establishes different procedures for each of these types of transfers and their different legal consequences.

All transfers can also be classified into transfers initiated by the employer and the employee.

Temporary transfers can be classified according to their obligation for the parties to the contract:

· transfers required for the employee;

· translations mandatory for the employer;

· translations by agreement of the parties to the contract.

When transferring to another permanent job the terms of the employment contract (labor function or place of work, wages, etc.) are changed permanently, and not temporarily, i.e., another job is provided for an indefinite period, and the previous one is not retained.

These translations, in turn, can be of three types:

1) in the same organization for another job;

2) to another organization, at least in the same specialty, qualifications (in this case, the employee retains continuous length of service and length of service for bonuses for length of service);

3) to another area, at least with the same organization.

The law does not define the concept of “other locality”. Judicial practice does not connect it with administrative-territorial division. A part of the same settlement may also be recognized as another locality if it is impossible to return from there daily by municipal transport to your permanent place of residence. But, as a rule, another area means a territory outside the boundaries of a populated area (city, village, town, etc.). When transferred to work in another location together with the organization, the employment contract continues to be valid, but with changes to its conditions regarding the location of the organization.

For permanent transfer to another job, the written consent of the employee is required, to whatever job and wherever he is transferred. Unlike the conclusion of an employment contract, the actual start of the job to which the employee is transferred cannot be considered as tacit consent to the transfer. Judicial practice holds that this consent must be obtained in a clear form immediately at the time of transfer or before the transfer.

When transferred to a permanent job in another location, the employee receives a number of guarantees and compensations that encourage the move.

Transfer to another organization for permanent work requires the mutual consent of the employee and the administration of both organizations, i.e. there is a complex actual composition, which includes;

A) mutual agreement between the employee And the administration of the organization in which he worked;

b) mutual agreement between the employee and the administration of the organization to which he is transferring;

V) mutual consent of the administration at the old and new places of work can be replaced by an order of a superior economic body.

Such a transfer is possible with the consent of the employee on the basis of an order from a higher authority over both organizations.

Both permanent and temporary transfers are possible at the initiative of not only the employer, but also the employee himself (for example, to combine training with work, for health reasons, or for family reasons).

Temporary transfer is the transfer of an employee to another job for a definitely limited time while maintaining the place of permanent work.

All temporary transfers are classified depending on the reasons into the following types, which differ in the duration and procedure of transfer:

1) according to production necessity (this transfer according to Article 74 of the Labor Code is mandatory for the employee);

2) women in connection with pregnancy, breastfeeding or the presence of a child under the age of one and a half years;

3) for health reasons according to a medical report;

4) at the request of the military registration and enlistment office to undergo training camps (these three types of temporary transfers are mandatory for the employer).

In case of production need the administration has the right to transfer an employee (without his consent) to another job for up to one month in the same organization or to another located in the same area, with wages for the work performed, but not lower than the previous average earnings (Article 74 of the Labor Code ).

This article clearly defined the concept of production necessity, indicating that such a transfer is permitted to prevent or eliminate a catastrophe, accident or natural disaster; to prevent accidents, downtime, loss or damage to property, as well as to replace an absent employee. Thus, the law does not provide a complete list of cases of production necessity, but emphasizes that these should be exceptional cases in the work of the organization, i.e. circumstances unforeseen in advance. A transfer due to operational necessity is allowed to replace an absent employee (in case of illness, business trip, vacation and other reasons), but the transfer for replacement cannot exceed one month during a calendar year (from January 1 to December 31). Consequently, the law did not limit (except for substitution) the number of transfers due to operational necessity during a calendar year. Temporary transfer to a vacant position is permitted only with the consent of the employee, except in cases of production necessity.

The law does not indicate the nature of the job to which an employee can be transferred due to operational necessity. In such cases, he can be transferred not according to his specialty or qualifications, for example, in case of accidents or natural disasters. But when transferring for production reasons to replace a temporarily absent employee, the use of qualified workers in unskilled work is not allowed.

Life is a constant movement forward. The more actively you change the conditions of your activities, the greater the chances that your career and personal growth will soon occur. Often, in order to implement ambitious plans, it is necessary to transfer to another job. The required event is accompanied by various standards stipulated in the Labor Code of our country and regulated by law. Let's see what it is in reality, what form a transition from the current place of employment may take, and discuss other important nuances.

In essence, transfer to another place of employment is a permanent or only short-term reorganization of work activity related to:

• a specific employee of the organization;
• an entire division of any enterprise in which this employee is listed as an employee.

The second option also occurs in the case when the corresponding indication is made in the employment contract.

So, as we mentioned above, transfers to another job can be of a different nature.

Table 1. Duration of transfer to another job: characteristics

Temporary transfer

Permanent translation

Temporary transfer can be carried out: by mutual agreement of the parties, which is drawn up in writing, the duration of the transfer can be no more than a year; in order to replace another employee who is temporarily absent due to some circumstances (for example, if this is a woman, she may go on maternity leave), while his position and workplace are retained, and they are transferred to the temporarily transferred employee for use; in the event of any catastrophe that has a natural etiology, man-made, industrial, in addition, in case of industrial accidents, also in case of fire, in case of city flooding, famine, earthquakes, the spread of epidemics, as well as epizootics, other cases, which are included in the exceptional category and threaten existence in normal living conditions and the lives of people in general; in the event of a change in health status that requires such measures.

Permanent transfer can be carried out as follows: the employee is transferred within the same organization in which he is currently employed, he simply receives a different position and job responsibilities within it; the employee is transferred to carry out the same work activity as before, together with his employer, to some other location; a person who is an employee is transferred to another position.

Transfer carried out on a permanent basis

All transfers that are carried out in the format of permanent changes imply that the employee must:

• provide written consent;
• write a statement of appropriate content.

In fact, it is impossible to make the desired change without the consent of this person, since the law prohibits this. Instead of an application, a simple agreement to carry out the transfer can be submitted from him.

When an employee changes his place of work, his work tasks completely change, therefore, according to the standards established by law, it is necessary:

• renew the previously signed employment agreement with him;
• issue an order containing a requirement for transfer, the signature in a specially designated place must be affixed within three days after release.

Features accompanying the transfer of an employee, jointly with the employer, to any other location are as follows:

• only the employer can initiate such a change in the conditions of any organization;
• a mandatory “technical” condition that must be observed during this transfer is that the employee must receive a written warning from the company about the changes that intend to occur, and the warning is sent in advance - 2 months before the plan is implemented;
• the warning must indicate that if you refuse to transfer to another job, the employing organization will carry out dismissal in accordance with the Labor Code of our country, and severance pay will also be paid in accordance with the above set of information.

If an employee is transferred to a permanent job with another employer, the current organization in which he is employed will need to, subject to mutual agreement:

• agree to the translation requested by him;
• terminate the employment relationship with the employee by terminating the previously executed contract.

If there is no agreement between the employee and the employer, the employee cannot transfer, he will have to:

• write a letter of resignation of your own free will;
• get a job in another organization.

In other words, in this case no transfer will be made.

Transfer is temporary

In the first two situations in which a fixed-term transfer is practiced, the following could potentially occur:

• the previous employee may not require the position to which you were sent;
• you were also not given the opportunity to switch back.

In a combination of the above cases, you may retain the position you are in, then the transfer will lose its temporary nature and the contract under it will no longer be in force. As a result, the change of place of work will be considered permanent.

In the event that circumstances arise that can be characterized as force majeure, a citizen can be legally transferred to another place, and at the same time his consent will no longer be required. In the required situation, the transfer period will be no more than one month. Such a decision may not have been previously determined by a pre-executed employment agreement with the same employer. The need for such a translation arises due to the occurrence of the following and listed in the table above:

• accidents;
• their serious and non-serious consequences.

At the same time, the type of translation we are looking for implies the presence of some exceptions.

1. It is allowed to change the position of a specific citizen for a period of no more than 30 days, not previously stated in the employment agreement, regardless of his attitude to this issue. However, only in those circumstances when there is a long-term or short-term stoppage of work at the enterprise, the reasons for which lie in the following factors:

• financial;
• functional;
• organizational sphere, etc.

2. In addition, this event is also permitted if there is:

• the need to prevent final or partial damage to property owned by the organization;
• or under circumstances of an emergency nature.3. A temporary demotion associated with a change in the current position, implying a reduced qualification relative to the previous place of his professional employment, in the context of various circumstances, can be made only in those circumstances when the employee himself confirms a positive attitude towards this by providing a document written by hand and having the appropriate content.

In addition, when temporarily leaving for another post, a citizen is awarded payment for his work activity, the amount of which, according to the law, should not be less than the average amount of cash payments in the previous position.

In the case where a transfer to another job is carried out due to a change in the employee’s health condition, the following grounds are used.

1. Thus, the transfer of a specific individual to another position, the conditions for carrying out the main activity in which will be different from the current ones, and will be suitable according to the recommendations of doctors and specialized indications, is carried out after receiving the appropriate documentary confirmation from the doctor. The period of such transition is no more than 4 monthly periods.

By the way, the mentioned conclusion must be formalized by law, and in no other way, in any other situation, the information contained in it will not be perceived as a basis for carrying out the procedure of interest to us.

Having received a document, the text of which indicates the employee’s positive attitude towards moving to another place of employment, the company is obliged to transfer this person, because the presented action must be performed due to the current state of health of this individual. However, in some cases, which can be described as exceptional, the company’s management has to remove a person on the company’s staff from work, while simultaneously preserving his right to his current place of work, due to the fact that:

• the employee himself refuses to be transferred to a new position;
• the employer’s company does not have a similar position that would potentially be suitable to replace the current one.

Provided that the person has been suspended from work, he will not receive cash payments for the entire period of absence from his own workplace. However, it must also be taken into account that this statement is supplemented by certain exceptions, determined according to the information:

• labor contracts;
• collective agreements;
• federal legislation;
• other regulatory documentation.

2. The second case, in which the procedure of interest to us should be carried out according to medical indications relevant to a particular individual, implies:

• leaving your current position permanently;
• for a specific period of time starting from four monthly periods.

The transition in the presented situation is also documented by means of the employee writing a statement in which his consent to the implementation of the plan is expressed. Having received this document, the employing company is obliged to appoint a specific person to another position vacant at this enterprise, which will meet the medical requirements.

The employer will have to terminate the employment agreement in the desired situation due to the occurrence of the following two circumstances:

• if the employee has expressed reluctance to transfer;
• provided that the employer does not have at his disposal a place that meets the requirements presented to him.

3. In addition, pregnant women are also transferred to other positions and places of work. However, the order for this category is the same as for all others, there are no concessions:

• for transfer, women must provide an appropriate medical report;
• and also write a written statement.

In the absence of one of the two documents listed above, the transfer is not carried out, since our legislation defines a certain period for women to go on leave, and if there are no medical indications, they must remain working in the same place until they go on maternity leave.

Why is a transfer to another position carried out in the circumstances presented? When we are talking about a woman who is carrying a child, but wants to continue working, if possible, until the end of her term, sometimes there is a need to eliminate the negative impact of a number of factors that are often present at various production sites.

At the same time, women in this position retain the average earnings for which they applied for at the previous place of employment,

Until the pregnant woman is provided with modified working conditions in which the negative impact is not only minimized, but is completely eliminated, she will be released from work. In addition, she is also paid for days missed due to moving to another job.

Video - Article 72.1 of the Labor Code of the Russian Federation. Transfer to another job. Moving

Let's sum it up

Moving to another place should not necessarily imply leaving the current organization in which you are employed. Sometimes a change of position is made directly within the company, moreover, you do not get a permanent promotion, but also a temporary one. Movement in position can also be horizontal.

Be careful when studying the requirements presented in each case to both the employee and the organization in which he is employed, since they will ultimately determine whether the employee will be transferred to a new position or leave the enterprise.

Do not forget to confirm your consent to the transfer in writing.

The procedure for transferring an employee from one position to another within the same organization is not so rare. Therefore, you should know what its nuances are, how you can prevent violation of an employee’s labor rights and subsequent proceedings, and also get the maximum benefit from the translation.

Reasons for transferring an employee to another position within the organization

Basically, the transfer of an employee to another position occurs due to changes in working conditions and opportunities and is inextricably linked with them. Thus, the employee himself can ask for a transfer if the reason for such a decision is of a medical nature (for example, due to health reasons he can no longer perform the duties that his position implies).

If an employer abolishes a subordinate's position, renames it, or revises the functions inherent in it, then no transfer as such occurs.

In the most general cases, the transfer of an employee to another position within the organization is carried out with his consent. However, there are situations in which the employee's consent is not required. So, the reasons for such a transfer of an employee to another unit within the institution may be:

• Production shortage of personnel requiring immediate compensation;
• Making adjustments to the work shift schedule;
• Changes in the level of productivity establishment, expansion of branches or, conversely, their reduction;
• Satisfying the professional and career ambitions of employees.

The results of examinations in production can also cause the transfer of personnel and changes in the positions they occupy.

Differences between internal translation and external translation

Labor legislation clearly distinguishes between two transfers: internal and external:

• An internal transfer of an employee occurs when he is appointed to a new position in the same organization and with the same employer;
• An external transfer of an employee occurs when a subordinate is employed by another employer.

External translation, in accordance with Article 72 of the Labor Code of the Russian Federation, can take the following types:

• A radical change in the employee’s area of ​​work;
• change of specialty;
• desire to work in a different position with another manager.

Working in another branch of the company, which often involves an employee crossing territorial borders or changing a locality, is still considered an internal transfer, as is a change of site, workshop, sector or category.

Previously, the Labor Code implied that an internal transfer is a change in various postulates and conditions of an already existing employment contract between the parties. Currently, with the updated edition of the Labor Code of the Russian Federation, internal transfer can only be called a change of activity and position within an organization or a change of department, also within an organization.

It should be borne in mind that a change in the components of the contract that determines the terms of rates and additional payments is not a transfer if it does not imply a change in the employee’s change of activity.

Mechanisms for transferring an employee within an organization to another position

The transfer of an employee to another department within the organization may have a different duration. Depending on the duration of the employee’s work in the new conditions, the following are distinguished:

• Permanent transfer of an employee to another position within the organization.
• Temporary transfer within the organization to another position.

If a transfer within the organization to another position is necessary for an employee, then he must submit a corresponding application addressed to the manager. If for some reason it has become impossible to perform work at the employee’s previous place of work or entails a danger to his health and life, then under Art. No. 220 of the Labor Code of the Russian Federation, the management of the organization is obliged to provide him with another place to work.

In this situation, management may refuse to transfer the employee. However, the employee is not obliged to remain in a dangerous place of work. During forced downtime, the organization pays compensation to the employee.

When temporarily transferring employees, there are certain rules that must be strictly followed:

• Temporary transfers are carried out for a period of up to twelve months. In some cases, a temporary transfer is possible until the previous employee takes up the position.
• Except in certain special situations, a temporary transfer requires the employee's written consent.
• A temporary transfer does not require entries in the work book.

Temporary transfers, for which the employee’s consent is not required, include the cases described in Art. No. 72 Labor Code of the Russian Federation:

• Disasters, accidents, seismic activity;
• Epizootics and epidemics;
• Other emergency circumstances that pose a threat to the life of the population.

The concept of “production insufficiency” or “necessity” is associated with the above circumstances. It means that the transfer of employees is due to a shortage of workers. The essence of this concept implies the ability to transfer an employee to perform those duties that are not described in his work contract.

Art. 60 of the Labor Code prohibits requiring an employee to perform duties not specified in his main contract. However, if it is necessary to compensate for downtime of an enterprise or compensate for other technical losses, as well as to protect enterprises from robbery and vandalism, it is possible to send employees to unforeseen work.

Under the above circumstances, the employer has the right to transfer an employee without his consent. During a state of emergency, it is also possible to transfer an employee to a lower-paid position.

Legislative standards for transferring an employee to another unit within the organization

Art. 72.1 of the Labor Code of the Russian Federation emphasizes that in order to move employees within an organization, but under the leadership of the same manager, the employee’s consent is not necessary. In this case, it is not decisive whether it is a transfer to another workshop or a change in the mechanism of work activity, if, at the same time, the working conditions described in the work contract do not change.

Art. 57 of the Labor Code of the Russian Federation determines the priority of the place of work specified in the work contract drawn up between the employer and employee. The movement of an employee outside the organization will only be considered as such if it entails an adjustment to the working arrangement. To carry out a transfer with a change in the structural location of the place of work, the employee’s consent is required.

The Labor Code focuses on the fact that moving an employee to a position whose functionality is contraindicated for him for medical reasons is illegal and threatens the management of the organization with administrative liability.

Difficulties faced by employers when transferring employees within the organization

The transfer of employees within the organization to another position entails a change in the staffing schedule. The difficulties of adapting to a new routine can be felt not only by the organization’s employees, but also by its leader himself.

An organization, in addition to the movement of employees within institutions, may experience regular periods of decline or growth in its productive capabilities. Relocating employees can create unforeseen unrest and create even greater resonance.

The transfer of some employees within the organization can provoke scandals and conflicts, especially if these transfers concerned vacant highly paid positions.

If the transfer of employees within the organization to another division is caused by the results of certification checks, then many employees in new, not so highly paid positions may rebel and create additional difficulties for the manager.

An employer may notify an employee about the availability of a higher-paying position, but is not obligated to do so.

Violations of the labor code when moving within an organization

Management may violate the Labor Code and the rights of its employee by moving him to another workplace without obtaining the written consent of the subordinate in situations where it is required, or if the new position will not appear in any way in the employment documents.

That is, a transfer is illegal if, in cases specified by law, it is not confirmed by the written consent of the employee. The transfer is also illegal if the work contract indicates a place of work in one structural unit, and the employee performs his duties in a completely different institution.

The verdict of the labor dispute body in favor of the employee automatically means his unconditional reinstatement to his previous position.

The sequence of actions in case of violation of labor rights is as follows:

1. Submitting a complaint to the employer.
2. Negotiations with the management of the organization.
3. Submitting a complaint to the prosecutor's office.
4. Preparation of a statement of claim to the court.
5. Protecting your interests in court.

Movement within the organization in accordance with a medical report

The Labor Code defines the manager’s obligation to transfer an employee to another unit within the organization for easier work if the employee has written a written application and submitted documents from a medical institution.

Employees whose transfer to easier work is required include:

• Pregnant women.
• Employees with unsatisfactory health conditions.
• Employees with physical disabilities.

According to Art. 182 of the Labor Code of the Russian Federation, an employee has the right to receive from the organization an amount equal to his average earnings. Such support can be provided repeatedly, over several months, if an employee was injured at work or acquired an occupational disease.

Preparation of documents when transferring employees within the organization

First of all, the manager needs to negotiate with the employee to avoid conflict situations.

An employee writes a request to be transferred to another unit within the organization. According to Article 72 of the Labor Code of the Russian Federation, an employee’s statement can be considered as his consent.

After this, adjustments are made to the working documents and an order is issued to transfer the employee.

Transfer of an employee to another job is carried out with his written consent. This is a general rule! But there are some situations when a transfer is possible without his consent. The list of such situations is strictly regulated and enshrined in the labor code.

The grounds for allowing an employee to be transferred without his consent to work not stipulated by the employment contract are given in Art. 72. 2 Labor Code of the Russian Federation. Translation is possible to prevent and eliminate the consequences of:

• man-made disasters;
• natural disasters;
• industrial accidents;
• industrial accidents;
• fires, floods, famine, earthquakes, epidemics or epizootics;
• any exceptional cases threatening the life or normal living conditions of the entire population or part of it.

Temporary transfer without the employee’s consent is possible for a period of up to one month. But in the listed cases we are talking about a temporary transfer to work for another employer.

A temporary transfer to another job with the same employer is allowed for a period of no more than 1 month in the following situations:

• downtime is a temporary suspension of work of a structural unit or an entire enterprise for reasons beyond the control of the employee. These may be reasons:
  • economic;
  • technological;
  • technical;
  • organizational nature.
• the need to prevent destruction or damage to property owned by the enterprise;
• replacing an employee who is temporarily absent from work for the following reasons:
  • disease;
  • annual or additional leave;
  • decree;
  • studies;
  • other reasons.

Temporary transfer to another job without the employee’s consent

The employer has the right to temporarily transfer his employee to another place of work for the above reasons. In this case, the employee’s consent is not required. But labor legislation does not provide for the employee’s refusal of such a forced transfer.

Therefore, if an employee refuses to perform forced work or completely ignored the manager’s order and does not go to work, he can be subject to disciplinary action in accordance with current labor legislation.

Payment for labor during a forced temporary transfer is made based on the work performed, but not lower than the average earnings of this employee at his previous workplace.

To temporarily transfer your employee to another place of work without his consent, you must issue an order. The employee must read the order and sign it. The employee's signature does not mean that he agrees.
If the employee does not agree with such a transfer, he can file a complaint with the labor inspectorate. But he cannot avoid going to a new workplace. This will lead to disciplinary action against such employee.

The order indicates the reason for the transfer to a new place of work, as well as the deadline for the transfer. It should not exceed 1 month! The salary should not be lower than at the established place of work. Otherwise, it is considered a violation of the employee's rights.

If the employer decides to transfer an employee to a new position within the same enterprise without the above reasons, the employee may refuse if:

• the new position is harmful to his health;
• working conditions in the new position are difficult or harmful, which is not provided for in the employment contract or based on the results of a special workplace assessment.

If these factors exist, the employer does not have the right to bring his employee to disciplinary liability.

Pregnant women and minor workers cannot be temporarily transferred to another job, even without consent and the presence of the above circumstances.

At the same time, working conditions change significantly, which are not mentioned in the employment contract. Is it legal to transfer to another job, and what needs to be taken into account?

General information

Transfer of an employee to another job can be temporary or permanent. Translation purposes:

A means of rational distribution of labor	Within an organization or between several
Education method	In case of transfer to a better paid position, in case of promotion) or punishment (in case of violations and, as a result, demotion
Occupational safety and health equipment	For example, during pregnancy, for medical reasons
Base	To terminate an employment contract
Guarantee of the right to work	Employment

It is allowed to transfer to another job only after the written consent of the employee. But if there was no such consent, and the employee started a new job, then the transfer is legal.

The procedure must be formalized by order of the manager and an entry in the work book. The Labor Code of the Russian Federation provides for temporary transfer to another job.

Unlike a permanent transfer, a temporary transfer does not require a written agreement from the employee. Conditions for such a transfer:

• the basis should only be an exceptional case when there is a threat to life;
• the duration cannot be more than a month;
• without consent, you can only transfer to work with the same employer;
• work activity must correspond to qualifications;
• if the work may harm the employee’s health, then transfer to such a position is not allowed;
• labor must be paid in accordance with the work performed. The salary cannot be lower.

If the above conditions are met, then such a transfer is considered legal, the employee does not have the right to refuse the employer.

During the transition to another job, the employee does not leave his employer, but only changes the type of activity. In what cases is the procedure allowed:

• to reduce or increase the number of workers;
• when opening new branches of the organization;
• for employee career growth;
• in case of forced removal of an employee from his position.

The employer is responsible for the translation. You must inform the employee of your decision in advance.

What it is

Transfer to another job is a change in an employee’s job functions for a certain time or on an ongoing basis.

The employee is provided with work that is not provided for. At the same time, the conditions of its activity change.

Regardless of whether the workplace changes or remains the same, a distinction is made between transfer to another area and to another job, but together with the enterprise.

There are internal and external. The first type is a change in the employee’s field of activity on a temporary or permanent basis. The employer does not change. External transfer – transition to a new manager.

Such a transfer requires the employee's consent. How to arrange an external transfer to another job? The scheme is simple:

1. The employee writes a statement.
2. The employer turns to the future manager with a request to hire an employee.
3. The reply is in process.
4. If approved, transfer to a new employer.

Also, the transfer can be temporary or permanent (has no deadline). Types of permanent:

• when the employer does not change;
• transfer to another job together with the manager. This may be another organization, locality. The employment contract does not change;
• external translation.

With a temporary transfer, work activity changes for a certain period. It happens by mutual consent of the employer and employee, without the consent of the employee, or as necessary for the manager.

Advantages and disadvantages of the procedure

The process of transferring an employee to another position has both disadvantages and advantages. Minuses:

• the new employer can set a salary that will be lower than the previous one;
• long-term adaptation to a new workplace is possible;
• Conflicts with colleagues cannot be ruled out.

Pros:

• guaranteed employment;
• no probationary period.

For the guarantees to apply, the employee must apply to a new employer within a month from the date of his previous job.

Before agreeing to a transfer, you need to think it over carefully, weigh all the advantages and disadvantages.

Current regulatory framework

Dedicated to transferring to another job. The Law clarifies the concept of translation, the basic conditions for the procedure and its procedure.

Its shape is arbitrary. In the application, indicate the reasons for the transfer and the new position. Next, sign and submit to your boss for review.

If the transfer is temporary, then the employer and employee draw up an employment contract (some of its clauses change).

If the transfer is permanent, then it is better to terminate the contract and draw up another one at the new workplace. The employer must issue an order, form T-5.

In the column “Reason for transfer” it is indicated – “At the initiative of the employee.” The employee has the right to demand a photocopy of the order.

If for a lower paid job

If the transfer involves a lower-paid position, then this is possible in some cases:

• as a result;
• dismissal due to lack of qualifications;
• staff reduction;
• mutual consent of the parties.

In these cases, the transfer is legal. There are also illegal ones that you need to know so that the employee’s rights are not violated.

The manager may demote an employee due to misconduct. This is illegal, the manager should simply reprimand or deprive.

If the translation is legal, then its procedure is as follows:

An employee can sue the manager, so all grounds for transfer to a lower-paid position must be justified.

For the first 2 weeks, the employee receives the same salary as in the previous place (with mutual agreement on the transfer). If the reasons did not depend on the employee, then the previous salary is paid for 2 months.

According to medical report

This procedure is considered as a transfer at the initiative of third parties - entities that do not belong to the organization.

With the written consent of the employee, the employer is obliged to transfer him to work, the conditions of which will not harm his health.

If the employee refuses to transfer, or the employer does not have a position, then he has the right to suspend the employee from work for the period specified in the doctors’ report. At the same time, the position remains with him, the salary is not paid.

To a permanent job from a temporary one

With this type of transfer, there is no need to write an order of dismissal and then acceptance of a new job.

All you need to do is follow a few steps:

The employee writes a statement addressed to the head of the organization	With a request to transfer him to a permanent job. It must be completed before the expiration of the temporary employment contract. Sign and date the application
The employer issues an order	In it, indicate the employee’s data, type of transfer, old and new workplace. The order form is T-5. the reason for the transfer is from a temporary basis to a permanent one. The order should be signed and given to the employee for review against his/her signature.
Drawing up a new employment contract	Which indicates the position, salary, responsibilities of the employer and employee. Issue in 2 copies
Make a note on the employee card	Make an entry in the work book. Make changes to all necessary documents
In case of termination of the temporary contract, the employee’s service will be interrupted	Therefore, there is no need to do this; a transfer order will be sufficient

Formation of an application (sample)

The application from the employee is filled out in the standard form. At the top right, indicate the name of the organization, details of the manager and from whom the application is addressed.

In the text you must write about your desire to transfer to another job, indicating the position. You can also indicate the reason for the transfer.

At the end, sign the application, date it and submit it to the HR department. Based on this, a transfer decree is issued.

An order is an important document confirming the transfer of an employee from one job or position to another. Its form is standard, approved by law - .

The document is filled out by a HR employee after the written consent of the employee. If the transfer is temporary, then you must indicate the end date of the new job.

It is also important to indicate the employee’s details, the reason for his transfer, and all details. At the end, be sure to have the order certified by the head of the organization and the employee himself.

Is it possible for an employee to refuse?

There are cases when an employee refuses to be transferred to another position and threatens. What to do in this case? The employer must offer him another vacancy in writing.

It must correspond to the qualifications of the employee and his health, and not harm. If this job is not available, the manager may offer a lower-paid position.

If the employee does not agree with this, then the employer has every reason to terminate the employment contract with him.

If it is intended to transfer an employee to another location, and he refuses, then he can be dismissed on the basis of Article 77.

But! If the employer himself does not move to this area, then the employee’s refusal cannot be the reason for terminating the contract with him.

After termination of the employment contract, the manager is obliged to pay severance pay, the amount of which is two weeks’ salary of the employee.

The following entry is made in the work book - dismissed due to refusal to transfer to another job.

Thus, transfer from one job to another is possible only with the written consent of the employee. Without consent, the transfer will be considered illegal.

However, there are grounds for transfer for which the employee’s consent is not required; they are spelled out in Article 72 of the Labor Code of the Russian Federation.

If an employee approves of his transfer, then he must write an agreement addressed to the manager; if this is his personal initiative, then an application requesting a transfer to another position.

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