Transfer of an employee to a new position. About changes to related documentation. What it is

The reasons for transferring to another position or job can be completely different and differ significantly from each other. The desire of the employee to change the place of activity, changes in the policy of the organization or essential conditions labor, promotion to a higher position or "descent" career ladder behind low rates labor can cause such changes. An important factor is the competent preparation of documentation so that the transfer of an employee to another job does not become a reason for attracting a labor inspectorate or resolving a dispute in court.

Transfer to another job or position is a permanent or temporary change in the work functions of an employee. It can be produced both within the organization and to another locality and to another leader.

This action entails a significant change in the working conditions stipulated by the contract.

Depending on the type and conditions, the translation is regulated by 4 articles of the Labor Code of the Russian Federation:

Art. 72.1 - general rules;
Art. 72.2 - for a certain period of time;
Art. 73 - regulates a forced transfer due to the state of health of a person;
Art. 74 - production necessity.

Note! These norms regulate not only the transfer, but also the movement of an employee, and many people confuse these concepts. The relocation does not entail a change in the terms of the employment contract, does not require the consent of the employee. That is, by moving they mean a change of cabinet, mechanism, etc.

General rules

The following types of employee transfers are legally distinguished:

1. Inside the enterprise (the employer remains the same), which in turn can be:

temporary;
permanent.

2. External - to another employer.

The transfer is carried out with the written consent of the citizen. The following factors are excluded:

any circumstances that threaten the normal living conditions of the population (natural disasters, catastrophes, etc.);
production downtime.

There is no need for the written consent of the employee in situations where the employer transfers him to another workplace or to another structural subdivision(that is, the place of work as such does not change, and the terms of the employment contract remain the same).

3. Translation for medical reasons:

changing working conditions or performing other work for up to 4 months;
more than 4 months or on a permanent basis;
pregnancy translation.

In cases where a person, if necessary, a temporary transfer for health reasons refuses it, or the employer cannot provide proper working conditions, the employee is removed with the preservation of the place of work. Wage not charged. If you want to permanent translation in these cases, the employment contract is terminated.

Important! An employee cannot be moved or transferred to another job if medically prohibited.

Differences between internal translation and external

An internal transfer can be made in the following ways:

the labor function of the employee is changed, which does not correspond to the specified position in the employment contract;
the transfer is made to another structural unit;
labor activity will be carried out in another locality, provided that the employer remains the same.

The external one entails:

job change;
change of employer;
changing the terms of the employment contract.

To carry out an external transfer, the permission of not only the employee himself, but also the current and future employers is required.

Reasons for internal transfer to another position

There are several of these.

1. At the initiative of the employee.

In practice, the initiative comes from the employee in cases where there is a medical report requiring changes in working conditions, or the employee has every reason to believe that there is a threat to his life.

2. At the initiative of the employer:

transition to a higher position in connection with the professional growth of the employee and his achievements in production;
demotion in position in case of failure to fulfill duties due to incompetence;
transfer to another structural unit or branch;
to a completely new position at the enterprise, coinciding with the field of activity;
in connection with the deterioration of the health of the employee;
in emergency situations (no consent required).

Temporary transition

There are three types:

replacement of another employee who retains the place of work;
the employer cannot find a specialist for any position, i.e. the transfer is carried out before the employment of a new employee;
in emergency cases (up to 1 month).

As a rule, a temporary transfer does not last more than 1 year. The exception is the situation from the first paragraph, when a place is reserved for an employee who is temporarily not fulfilling his duties.

Except in emergency situations, a person for making such a transfer must draw up a written statement of consent. If the employer offers a transfer to a position with a lower pay, the citizen has the right to refuse.

Features of a temporary transition to another job or position:

work continues in the same area;
the employer remains the same.

Business trips do not apply to temporary transfer. Significantly new duties are not assigned to the employee, he only performs some official assignment, which does not entail a change in the terms of the employment contract.

Transfers with the consent of the employee

Almost all types of translation, with the exception of emergency cases, are carried out only with the written consent of the citizen or even on his initiative.

In order to make a transfer, the employee must directly contact the employer by completing an application. As a rule, each organization has its own form for such agreements. If it is not there, the citizen can make it himself.

The header of the application states:

in whose name the agreement is submitted (full name, position of the head of the organization);
from whom (name of the employee, position, contact information).

If the transfer is carried out on the initiative of the employee himself, he must motivate his transfer in the main part of the application. The presentation should be concise and to the point.

Attention! In the main part, it is also necessary to indicate the fact of familiarization with the new working conditions.

It is important to remember that a transfer to another employer requires the consent of the employer himself.

If the transfer is carried out within the organization with the preservation of the employer and on his initiative, it is enough for the employee to fill out a standard document of consent to the transfer.

Cases of transfer without the consent of the employee

As mentioned earlier, such a transition is carried out in exceptional cases. The situations listed below are temporary. The transfer is made for up to 1 month. Payment for production under temporarily changed conditions should not be lower than the average amount of payment for the previous work.

1. Emergencies:

man-made disasters and natural disasters;
natural disasters;
epidemics, epizootics and famine;
industrial accidents and accidents.

2. Other exceptional circumstances:

downtime in production due to economic, organizational, etc. reasons;
prevent destruction or damage to property.

Separately, the translation for production needs is considered (Article 74).

When technological or organizational working conditions change, or change. Only the labor function of an employee cannot be changed.

The employer must notify employees of the changes taking place 2 months before they occur. The notification form is written.

In connection with changes without the consent of the employee, a transfer can be made only in two cases:

from one structural unit to another;
to another locality.

Transfer to another locality

It refers to the type of permanent transfer together with the employer.

Under a different locality, in accordance with PPVS No. 2 “On the application by courts Russian Federation Labor Code of the Russian Federation, "understand the area located outside the boundaries of the settlement in which the employee carried out his activities.

This type of transfer must be distinguished from the transition to another structural unit, to a branch or representative office. In accordance with Art. 55 of the Civil Code of the Russian Federation, branches and representative offices are not separate legal entities.

The shift method is also not a move to another area, because. this species work must be determined in advance by the employment contract.

The employer must inform in advance about the fact of the transfer of the organization to another place. The exact term is not established by law, but from a practical point of view, the norm of Art. 74 of the Labor Code of the Russian Federation, that is, no later than 2 months. In the notice, the employer must indicate:

new address of the organization;
the period given to employees for granting consent to the transfer;
date of opening of the organization in a new location;
guarantees and reimbursement of costs in connection with the translation.

If the employee does not agree to the new terms, the contract will be terminated.

Compilation and execution of the necessary documentation

Step 1. Depending on whose initiative the transfer is being made, the first document will be a reasoned statement from the employee or a notification from the employer (about transfer to a new location, changes in working conditions, etc.).

Step 2. If the initiative came from the employer, the citizen signs the consent.

At the initiative of the employee, the employer expresses its consent with a positive resolution. It is indicated on the transfer application itself.

When transferring to work for another employer - his written consent.

Step 3. An additional agreement is created to employment contract.

It is made up of the Human Resources Department. New working conditions are introduced into the additional agreement and irrelevant ones are excluded.

Step 4. Issuance of an order to transfer a person to another job.

Step 5. Making an entry in work book.

Employees of the personnel department enter information about the transfer of an employee to another position with its name or to another job. The order number must be indicated, the form of which is given below.

Filling out the form of order t-5 on the transfer of an employee to a new job

Sample form:

The following information must be provided:

OKUD and OKPO codes;
name of company;
date of preparation of the form and date of transfer of the employee;
end date of the transfer (in case of temporary transfer);
information about the transferring employee;
type of translation;
data on the previous place of work (position, structural unit, etc.);
information about the new place of work;
the amount of salary with allowances, if any;
information about the employment contract;
the personal signature of the employee and the date of familiarization.

In addition to the basic data, the personnel department has the right to indicate reverse side forms the following data:

documents that a citizen must provide within the prescribed period;
property of the organization for which the employee is responsible and which he must hand over.

Depending on the situation and the specific desire of the employee and employer, the transfer can be carried out both within the organization and outside it.

It is important for employees to remember that without their desire, no one can transfer to another position or to another location. Even exceptional cases, which do not require written consent, do not give the employer the right to force someone to work. In case of disagreement, the employment contract is terminated.

One of the types of transfer to another job under the Labor Code of the Russian Federation is the transfer of an employee to another employer (part 2 of article 72.1). The need for it may arise in the following cases:

decision by business owners to close one firm and open another with the retention of staff;
sending a request by a third-party employer to transfer a specific employee to him;
an employee's request to be transferred to another location.

Other types of transfers provided for by this article of the code do not imply a change of employer. In the situation under consideration, in fact, there is a termination of the old labor relationship and the emergence of a new one, with a different subject composition (change of employer). The result of the transfer will be a terminated employment contract for the old place of work and concluded for a new one.

As a general rule, the Labor Code of the Russian Federation allows only a transfer to another employer on a permanent basis. Temporary transfer is possible only for one category of workers - athletes (Article 348.4 of the Labor Code of the Russian Federation). It is also important to remember that establishing a probationary period for employees transferred from other organizations, in accordance with par. 7 h. 4 tbsp. 70 of the Labor Code of the Russian Federation, prohibited.

Is it necessary to transfer employees during the reorganization (both in the form of affiliation and in other forms)?

Labor Code of the Russian Federation in part 5 of Art. 75 determines that the reorganization cannot be the basis for the termination of labor contracts. However, an employee who does not want to continue labor Relations in connection with the reorganization, has the right to stop working at the current place. If the relevant application was received by the employer, the worker must be dismissed under paragraph 6 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

In order to exercise this right, an employee should be notified of the reorganization in advance (for example, 1 month before it starts). If the reorganization involves a change of employer, then with the employees, subject to their consent to continue working, appropriate additional agreements to employment contracts must be concluded. Thus, no need for transfer of an employee to another organization in the case where there is a reorganization in any form, no.

Necessary conditions for transfer to another employer

The transfer of an employee from one place of employment to another is possible only with a clear expression of the will of all interested parties:

the employee himself;
former employer;
new employer.

The law does not say anything about how exactly the will should be expressed. From the content of part 2 of Art. 72.1 of the Labor Code of the Russian Federation, it is only clear that any of the parties to the employment relationship can initiate the transfer procedure.

Here are examples of the indicated subjects expressing their intention to make a transfer:

The employee's request may be expressed in a written statement. The consent of the employer in this case can be recorded by affixing the appropriate visa on the application.
If the initiator is the employer, then he needs to request the consent of the employee in writing. For example, you can hand him a document with a proposal for a transfer against his signature, on which he will express his agreement or disagreement.
The will of the new employer can be expressed in a letter of invitation (to work) addressed to the employee or his current employer. A copy of such a letter is attached by the employee to his application or by the employer to the transfer proposal, respectively.

A tripartite written agreement will not contradict the law, in which its parties will express their will and set the deadlines for the transfer. When the employee will have the last working day, the parties agree on their own.

Is it possible to transfer an employee to another organization without his consent, is it possible to refuse the transfer?

It is impossible to transfer an employee to another enterprise without his consent under any circumstances. The employee has the full right to refuse the translation offered to him without any consequences for himself. You can neither dismiss him for this, nor apply any other types of disciplinary sanctions to him.

However, such a situation is not ruled out when the employee who previously agreed to the transfer immediately after leaving the previous place of work changed his mind and refused to write an application for employment with a new employer. The law does not contain clarifications on this point, therefore it seems that such actions of an employee will not entail any consequences for him based on the principle of freedom of labor (Article 4 of the Labor Code of the Russian Federation).

An employee's request for a transfer by the employer does not have to be approved either. He can satisfy her, but he can also refuse.

Is a new employer obligated to hire a translator?

The new employer is obliged to hire an employee in the order of transfer without any reservations within a month from the date of dismissal of that from the previous place. Even if the employee first changed his mind and did not write an application for employment, and then nevertheless decided to find a job, he cannot be refused to conclude an employment contract. Moreover, this is true even if another person has already been accepted to the place prepared for the employee who has changed his mind. The rule established by Part 4 of Art. 64 of the Labor Code of the Russian Federation, does not imply exceptions.

IMPORTANT! The Labor Code of the Russian Federation says that it is impossible to refuse employment only to persons who are invited to work in writing. This refers to any written approval by the new employer of the translation, and not just sending them a special letter of invitation.

The position to which the transfer was planned cannot be recognized as vacant and offered, for example, to downsizing employees. The courts also take this position (determination of the Moscow City Court of October 23, 2015 No. 4g / 6-10569 / 2015).

Issuance of an order for dismissal, filling out a work book of a transferee

The dismissal of the transferee is carried out on the basis of an order. You can use both the form No. T-8 approved by the State Statistics Committee (or No. T-8a in the event of the dismissal of several employees at once), and developed independently. In the order, it is important to indicate as a basis all the documents in which the will to transfer is expressed: an application / proposal for a transfer, correspondence between employers, etc.

The order must be brought to the attention of the employee, about which the latter must put an appropriate note. If the dismissed person refused to get acquainted with the order, this fact is also recorded in the order (part 2 of article 84.1 of the Labor Code of the Russian Federation).

The next step is to fill out a work book. As the basis for dismissal, it is necessary to indicate paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation and use the wording indicated therein. When filling out the labor should be guided general rules, provided for by the instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69.

It should also be taken into account that clause 6.1 of the above instructions requires that in column 3 "Information about the work" the following should be additionally indicated:

the specific reason for the transfer (the consent of the employee or his request) - indicates the old employer;
the fact of acceptance as a result of the transfer - indicates new employer.

Settlements with an employee dismissed in the order of transfer

As with dismissal for other reasons, in this case, on the last day of the existence of an employment relationship with a transferring employee, a final settlement must be made. However, it is not always possible to do this. If it is impossible to make a calculation on the specified day, all payments are made a maximum of the next day, after the dismissed employee applies for them (part 1 of article 140 of the Labor Code of the Russian Federation). If there is a dispute over the amounts payable, the undisputed amount must be paid.

IMPORTANT! According to paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation, the transfer is the basis for the termination of labor relations, therefore it is unacceptable to transfer unused vacation days to a new place of work. Thus, upon dismissal in the order of transfer, compensation is necessarily paid for them. The transferee has the right to take a vacation in a new place on a general basis - 6 months after the start of work.

Severance pay for dismissal due to transfer of an employee to another organization are not paid, except in cases where it is provided for by an employment or collective agreement.

Issuance of a work book and notification of interested parties about dismissal

Another obligation of the employer, which cannot be ignored, is the issuance of a work book on the last day of the employment contract. It is not always possible for an employee to hand over a document, therefore, it is also possible to send it by mail with the prior consent of the dismissed employee (part 6 of article 84. 1 of the Labor Code of the Russian Federation). Also, upon receipt of a corresponding request from the employee, the former employer undertakes to hand over to him copies of documents related to work, duly certified.

In some cases, the law obliges the employer to notify the interested state bodies of the termination of employment:

The military registration and enlistment office (if the employee was liable for military service) - within 14 days after the dismissal (subparagraph “a”, paragraph 32 of the regulation on military registration, approved by Decree of the Government of the Russian Federation of November 27, 2006 No. 719).
The bailiff service (if deductions were made from the employee’s salary according to executive documents) - immediately (part 4 of article 98 of the law “On Enforcement Proceedings” dated 02.10.2007 No. 229-FZ). If alimony was withheld, then notify, in accordance with Art. 111 of the RF IC, it will be necessary not only to bailiffs, but also to the recipient of the money. The term in this case is clearly regulated - a maximum of 3 days.

The term during which the dismissed employee must submit documents for employment with a new employer is not established by law. This issue is resolved by agreement between the parties concerned.

As can be seen from the above, the procedure for transferring an employee to another organization is not regulated in great detail by law. Many conditions of transfer are determined by the interested parties by mutual agreement. The most important thing is a documented expression of the will to transfer from all participants in the process.

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 labor relations to take place on legal grounds, it is required to compose transfer order- a special document fixing the rearrangements that have occurred in production.

The issue of transferring employees within the 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 Labor Code RF 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 this employee, then it is not considered a translation.

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 constant translation, one should irreversible change labor function, for which with the employee in 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 in 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 can be submitted in any form, or it can 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 made, then the end date of its transfer must be indicated. labor activity in this position.

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

Full name of the employee in respect of whom the document is being approved;
the date from which he must be transferred to another position;
previous place of work or position of the employee;
what type of transfer is carried out (temporary or permanent);
information about the new place of work and position;
the basis (reason) for such a decision;
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 for his employee appropriate place, which would correspond to the new working conditions:

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

does not pose any particular difficulties in complying with labor laws. In the article below, we will consider in detail in which cases such a transfer is possible and how it is done.

How to arrange a permanent transfer of an employee to another position

A change in position is a kind of transfer to another job, namely, a change in labor function, since the latter is defined as work in a specific position. In this regard, in this case, Part 1 of Art. 72.1 of the Labor Code of the Russian Federation, according to which it is possible to change the position of an employee only if there is his written consent to this. At the same time, the indication of the position in the text of the labor contract is mandatory, therefore, when changing it, it will be necessary to conclude with the employee an appropriate additional agreement to the labor contract (Article 72 of the Labor Code of the Russian Federation).

The procedure for applying for a change of position of an employee is as follows:

An additional agreement to the labor contract is concluded with the worker. The first copy of the document is handed over to the employee, after which he puts a mark on the second, remaining with the employer, that he has received his copy.
Published administrative document about translation. It uses its own form or order form No. T-5, if 2 or more employees are transferred at the same time - No. T-5a (both approved by the State Statistics Committee of the Russian Federation in the resolution "On approval of unified forms ..." of 01/05/2004 No. 1). The employee gets acquainted with the order against receipt.
A work book is filled out (in it you need to enter information about transfer of an employee to another position).
Like a labor card, a worker's personal card is filled out.

Transfer to another division - how to issue, do you need a notification about it

The actions of the employer to formalize a change in the unit in which the employee is registered depend on the specific situation. There can be 3 options:

If the division is mentioned in the text of the employment contract, it is necessary to act in the same way as when changing the position.
If there is no indication of the unit in the contract, but as a result of the transfer any of the conditions specified in it (for example, obligations) changes, it is necessary to proceed similarly to paragraph 1.
If there is no indication of a division in the contract, but the labor function and other working conditions fixed by the contract remain unchanged after the transfer, the change of division is recognized as a transfer. In this case, it is not necessary to seek the consent of the employee, as well as to notify him in advance (part 3 of article 72.1 of the Labor Code of the Russian Federation) - it is enough to issue an order to move.

Is a temporary transfer always made to replace an absent employee

Art. 72.2 of the Labor Code of the Russian Federation allows a change in the position of an employee for a certain period. Subject to the approval of the employee (part 1 of this article), the transfer can be:

Associated with the replacement of a person who is temporarily unemployed. There is no time limit for this type of temporary transfer; the duration of work in a new position in this case is determined by the moment the person being replaced returns to work.
Not associated with such substitution. In this case, it is possible to transfer to a new position for a period of 1 year, however, it must be specified in the order.

A temporary transfer is made in much the same way as a permanent one. There is only one difference here - no entries need to be made in the work book. When the transfer period ends, the employer can (and even is obliged, if the worker so requests) to transfer him to his previous position. If, for some reason, this did not happen, the transfer becomes final, after which, without the consent of the employee, it is impossible to transfer him either to the previous position or to any other.

Grounds for transferring an employee to another position without his consent

The Labor Code of the Russian Federation also provides for the possibility transfer of an employee to another position without obtaining his consent under certain conditions. At the same time, in all cases of involuntary transfer, its period cannot be more than a month, although the law does not contain a ban on transferring an employee to another position several times in a row.

The basis for the translation in question, as follows from Part 2 of Art. 72.2 of the Labor Code is any exceptional situation that threatens the normal conditions of existence or life of all people or part of them. The list of such situations is open, fires, earthquakes, industrial accidents, etc. are mentioned as an example. The purpose of the translation in this case is to prevent such situations or eliminate their consequences.

According to part 3 of Art. 72.2 of the Labor Code of the Russian Federation, an involuntary transfer of an employee is allowed if, as a result of an exceptional situation, the following occurs:

downtime (i.e. suspension of work);
the need to protect property from encroachment;
the need to replace an employee who is temporarily absent.

If a lower qualification is needed to work in a temporary position, then written consent will have to be requested from the employee in this case as well. In addition, a temporary transfer without the consent of the employee must be issued by order. As a basis, it is necessary to indicate the specific circumstances that necessitated the transfer. In this case, entries in the work book are not made.

Among other things, the Labor Code of the Russian Federation in Part 4 of Art. 72.2 established a special rule on the remuneration of involuntarily transferred workers: the salary is paid according to the labor function performed, but cannot be lower than the average salary in the previous position. In addition, even in exceptional situations, there is a general ban on transferring to work for which there are medical contraindications for health reasons (part 4 of article 72.1 of the Labor Code of the Russian Federation).

Let's summarize. Transfer to another position is a simple procedure, especially if the employee has expressed his consent to this. In case of an involuntary transfer, the employer should be careful, because the burden of proving the existence of exceptional circumstances in the event of a dispute will fall on his shoulders.

In the activities of almost every enterprise, there is a need to transfer their employees to another position. According to the law, with this type of transfer of an employee, the management of the enterprise does not have the right to unilaterally change labor functions without filling out an application. It, among other things, contains an important one - this is the rationale for the necessity of the reasons for the transfer. However, there are situations where this is not required. Consider all the features of this procedure.

Transfer to another job may be required in the following situations:

employee initiative;
enterprise management initiative;
downsizing of the employing organization;
medical indications;
territorial movement of the organization.

Change of job (occupied position) can be made on a temporary or permanent basis. A worker can be transferred both within one organization, for example, when moving from one unit to another, and outside the enterprise. When moving from one enterprise to another, the consent of the current manager is required. If it is not received, then the employee has the right to terminate the employment relationship at the current place of work, and then find a job at another enterprise. However, this will no longer be a translation.

In accordance with Art. 72 of the Labor Law, both the employee and the employer can initiate a permanent transfer within the same organization.

Reasons for transferring to another position, in addition to the above situations, may be the following:

Increase or decrease in production volumes;
Personnel movements in connection with the career growth of employees;
According to the results of the conducted, when the staff is moved to a lower or higher position;
According to the results of medical examinations or indications, etc.

If the initiative comes from the employee, then he needs to draw up an application for transfer to another position. It is also required if the initiative comes from the employer. In such a situation, a written consent (instead of a statement) may be obtained from the employee. The exceptions are situations where movements occur for a reason medical indications or in connection with the downsizing of the organization, where the consent of the employee is not always required.

Upon receipt of an application at the initiative of the worker, the management of the enterprise must consider and motivate him decision. At the same time, the terms of the employment contract, the qualifications of the applicant, the opinions of the current and potential heads of departments are taken into account. One of the main points in the issue of satisfying the applicant's request is the availability of organizational and technical equipment necessary for entering a new position.

Temporary transfers

There are the following situations in which a temporary transfer can be carried out:

As a result of an agreement between the employee and the employer. It is concluded for no more than a year.
When temporarily replacing a specialist who is absent from the workplace. In those situations where, according to the law, the absent employee retains his job (until he returns to his duties).
As a result of force majeure, industrial accidents and other incidents that threaten the life or health of the population. IN similar situations an employee can be transferred for a period of not more than 1 month without obtaining a written consent to perform work to eliminate the consequences or prevent these accidents.
Due to changing health conditions.

The last point concerns situations during pregnancy of employees. If there is a statement from a pregnant woman, and a medical report is provided, then the employer must reduce the production rate or the length of the working day, or transfer the employee to another workplace that would exclude adverse health conditions. At the same time, the average salary is not reduced.

The procedure for transferring an employee to another position in the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation, the transfer to another position must be carried out in a certain order. Conventionally, this whole process can be divided into two stages. The first is preparatory, and the second is drafting necessary documentation.

Preparation for translation is as follows:

Compilation by the immediate superior (representations). This document indicates the reason for the movement of the employee, it is also necessary to enter the personal data of the worker.
Coordination with the management of the enterprise. The memorandum or presentation shall bear the signature of the head of the enterprise.
The employee is provided with a notice of transfer to another position, a sample of which has a free form of compilation.
The employee writes an application or consent to join a new position. The application is drawn up in the name of the head, it contains the name of the enterprise, information about the employee, both positions are indicated, the date and signature are affixed.

The second stage consists in drawing up and signing by the parties of the necessary documentation. Consider how to arrange the transfer of an employee to another position correctly. For this, the following documents are required:

Annex in the form of an additional agreement. This document is drawn up in duplicate and signed by both parties (the management of the enterprise and the employee). One copy is attached to the employment contract, the second is given to the employee. It contains information about the new position (salary, working conditions, structural unit, etc.).
An order to transfer to another position, where the employee must put a mark on familiarization. The form of the order for transfer to another position (form No. 5a, No. T-5) is drawn up in accordance with GOST R 6.30-97 and is drawn up in one copy (a certified copy can be issued to the employee at his request).

Sample order for transfer to another position in the form No. T-5

In the event that an employee is transferred to a new position on a permanent basis, appropriate entries must be made in his work book and personal file (No. T-2).