Transfer of an employee to another structural unit. How to write an application for transfer to another position? Temporary and permanent transfer

During an employee’s work at an enterprise, situations arise related to his transfer to another position. This procedure differs in the presence of certain nuances related primarily to the correct completion of all documentation. We'll talk about how to transfer to another position further.

The procedure for transferring an employee to another position is explained by various reasons, including the promotion of an employee to a position, a change in his qualifications, or, conversely, his demotion. In addition, it is possible to move the employee to another place of residence or expand the company and appoint him as an employee of another branch.

There are translations for both temporary and permanent purposes. In addition, transfer to another position can be forced or voluntary, by agreement of one of the parties or both parties. In relation to the reason and type of transfer, they distinguish different variants their design.

To begin with, we suggest that you familiarize yourself with general recommendations on registration of transfers of employees to another position. The transfer of an employee is an event, permanent or temporary, associated with a change in the employee’s job functions and a change in his position in the enterprise. It is possible to change the employer or transfer the employee to another area along with him.

This procedure is formalized in writing and is carried out only after signing a written agreement by both the employee and the employer. These changes are made in writing to the employment contract.

Please note that the employer should not require permission to transfer an employee to another position if the transfer is carried out at the employee’s place of residence, in the same organization or in the nearest region.

In addition, moving or transferring an employee to a position that is contraindicated for him due to health reasons is unacceptable. In accordance with the written agreement of the employee, it is permitted to transfer him to another employer.

Important: If the transfer of an employee to another position was declared illegal or the employer does not have a written agreement from the employee to carry it out, then the employee has the opportunity to appeal it, and as a result, he will be reinstated at his previous place of work. In addition, the employee is paid the difference between his previous salary and the salary he received at new position. The employee also has the right to sue the employer for moral damages. If the employer does not comply with the court’s requirements, for example, after a month, then he pays the difference in wages for this time as well.

Features of permanent transfer to another position

The permanent transfer of an employee to another position has its own characteristics. To perform this action, the employee only needs to contact management with a statement or request for a transfer.

To write a request or statement, you should indicate the following facts:

the name and position of the manager is indicated in the upper right corner;
Below is the name and initials of the employee, his current position;
in the center you need to write the type of document - application or request;
the main part indicates the immediate reason for the transfer and the request for its implementation;
Finally, the document comes into force after signature and indication of the date of its writing.

Sample application for transfer to another position:

If the two parties agree on the transfer, then changes are made to the employment contract regarding the employee’s new position. These changes take the form of an additional agreement of the parties.

In such parts as the hiring of an employee and his position, the HR department makes changes regarding his receiving a new position.

Stages of transferring an employee to another position

1. Preparation of documentation.

The immediate supervisor draws up a memorandum indicating the reasons for transferring the employee to another position, brief information about the employee, his personal data and resume. The manager imposes a resolution on this document.

2. Agreement between the parties.

After an employee receives a proposal to transfer to another position, management is obliged to request in writing his agreement to carry out this action. Otherwise, transferring an employee to another position is prohibited. If, nevertheless, the employee agrees to begin performing duties in a new position, then he must write a statement indicating his consent to the transfer. In addition, the application should indicate: the name, surname and position of the manager, the name of the company in which he works, his personal data and direct agreement for the transfer, a description of the old and new positions, as well as the date and signature. Please note that this application is a mandatory condition for transferring an employee to another position.

3. Preparation of the necessary documentation.

After an employee writes an application for transfer to another position, the organization prepares the following documents:

additional agreement, which is attached to the employment contract, this document describes in detail the employee’s new position, his responsibilities, wages, work schedule, subordination features, structural subdivision and other information regarding new job responsibilities, this document is mandatory and is an addition employment contract;
after its preparation, care should be taken to write an order or instruction, according to which the employee has the right to begin performing duties in a new position on a permanent or temporary basis; if necessary, the employee is provided with a certified copy of this order, in which the employee signs and marks his familiarization;
changes should be made in the employee’s personal record regarding his transfer to another position; if the work is of a permanent nature, then work book The employee also makes a note.

The transfer form to another position is filled out as follows:

indication of the type of transfer: permanent or temporary;
reasons for taking this action - by agreement of both parties, on the initiative of the employee, on the initiative of the employer, the availability of a new position, to replace an employee who is temporarily absent from the workplace;
grounds for transferring an employee to another position - receipt of an application from management, availability of additional documents in the form of approval or agreement on transfer to another position;
after issuing an order to transfer an employee to another position, within three days, the employee gets acquainted with it and begins to perform his new duties;
Since this document is issued directly by the organization in which the employee works, it is not necessary to have a seal on it.

Recommendations for registering a temporary transfer to another position

Depending on the type of translation performed, they are:

permanent;
temporary.

We propose to consider the second option in more detail. A temporary transfer of an employee to another position is carried out if the person in this position, for some reason (due to health reasons, going on maternity leave, etc.) is unable to temporarily perform the duties assigned to him.

In this case, the employee is assigned a new function or structural unit. Temporary transfers are divided into:

1. Transfers to another position, which are carried out in accordance with the agreement of the two parties, for a period of no more than twelve months.

2. Transfers to another position, subject to agreement between the two parties, carried out to replace a temporarily absent employee for the period until he returns to work.

3. Temporary transfer to another position depending on other objective reasons.

It is possible for the employee and the employer to agree on the transfer of the employee to another position. At the same time, by agreement, the employee’s new responsibilities, his salary and work schedule are stipulated. In this situation, the initiator of the transfer does not matter.

The employee has the right to apply to the employer for transfer to another position, and the employer also has the right to write an application for transfer of the employee to another position and obtain his consent to complete this process.

Important: In the employee’s work book, a temporary transfer to another position is not indicated in any way.

However, to further confirm that the employee has experience working in a temporary position, he can provide documents in the form of:

a copy of the additional agreement, which is attached to the employment contract;
a copy of the order under which the employee temporarily performs duties in another position.

Upon completion of the term for transferring an employee to a temporary position, he begins to fulfill his obligations and takes up the position provided to him by the employment contract.

There are situations in which, after the expiration of the agreement on transferring an employee to another position, the employer dismisses the employee, since the employee who previously performed these duties returns to his previous position. This action is illegal, because after the expiration of a temporary contract to transfer an employee to another position, he has two options:

remain in this position permanently, while a new decree is issued on the permanent transfer of the employee to another position;

One of the common situations in personnel management is the transfer of employees to another position. Most situations require the consent of the transferred person, expressed, for example, in the form of an application for transfer to another position. Its design depends on the reason for which the employee’s transfer is planned. In some situations, management may transfer an employee to another job without his consent.

Transferring an employee to another job

The legislation defines several reasons why an employee (Labor Code of the Russian Federation, Articles 72, 73). They can be divided into groups:

employee's desire;
management order;
medical indications.

An employee, having seen a suitable vacancy in another department, can independently initiate his transition to a new place of work. At the same time, he must meet the qualifications and other requirements for the new position.

In addition, the employee may ask to be transferred to or. For example, employees who leave parental leave early have this right.

The management of the enterprise may transfer an employee due to the need to close any area of work during the absence of the main employee whose function includes its implementation. This can often be found in production, when one employee goes on sick leave and is temporarily replaced by a worker with similar functionality in order to avoid equipment downtime.

Management can also demote an employee if he does not perform qualification tests well enough or does not pass certification for a specific position.

The employer may also offer the employee to transfer to another workplace, if the employee’s current position is subject to reduction and there are suitable vacancies in the organization.

A temporary transfer can be carried out without the consent of the employee if he performs similar work in his place, and there is no need to make changes to the employment agreement with the employee.

Another reason why the owner can initiate the transfer of employees is the transfer of business to another region, expansion of the network of representative offices. Then the employee may be asked to move to a new place of residence.

In addition, the employer can arrange a transfer in the event emergency man-made or natural.

For example, flash dangerous infection on a livestock farm. After the destruction of the livestock, while disinfection and cleaning measures are being carried out, farm workers can be transferred to other work so as not to expose them to the risk of infection.

In this case, the consent of the employees is not required, since this is done for their own good.

A transfer may be necessary if the employee can no longer work in his or her position due to health problems. Such a transfer may be temporary or permanent.

For example, a pregnant employee or an employee during rehabilitation after an injury or illness may request a temporary transfer to light work.

If an employee asks management to make his working conditions easier, then medical documentation must be attached to the application, which confirms the reason for the transfer.

An employee is transferred on a permanent basis if it is not possible to restore the previous state of health, and it is impossible to work in the old position due to medical indications. An example of such a situation is when an employee becomes disabled or acquires an occupational disease that is incurable.

Employee consent to transfer

Labor legislation provides for several cases when an employer can transfer an employee without asking the employee’s consent.

Such a move is possible if it is temporary (no more than a month) or does not change the terms of the employment agreement.

If an employee moves to a workplace where the salary will be lower than in his position, then consent is required, even when he is transferred for a short time.

Without changing the employment contract, an employee can be moved to another structural unit in the same locality or to other equipment with similar functionality.

Temporary relocation due to an emergency for a period of time less than a month also does not oblige the employer to ask the employee’s consent.

For example, hurricane wind Several window frames were knocked out in the workshop, and it became impossible to work there until the consequences of the natural disaster were eliminated. In fact, there was downtime for shop workers. The management of the enterprise can transfer an electrician to replace the same employee in a neighboring workshop during the latter’s vacation. Moreover, both employees have the same qualifications and salary. In this case, the employee’s consent is not required.

It is necessary if the salary in a temporary place is less than it was in the previous job. In addition, the enterprise must pay the displaced employee up to his average salary at his main place of work.

Another example: a salesperson is transferred from one store to another belonging to the same retail chain. Both outlets are in the same city, the salary and position remain the same as at the previous place of work.

The employee's consent is not required if the employer labor agreement acts as the head of the entire trading enterprise, because the conditions for hiring an employee do not change.

If the employment contract was concluded directly between the store director and the seller, a transfer without the employee’s consent is impossible, since in fact there will be a transfer to another employer.

An employee can only express his consent to a transfer in writing. As a rule, when reading the transfer order, it is enough to supplement it with the phrase “I agree with the transfer.” However, in practice, personnel services ask the employee to formalize his consent in the form of a separate document, for example, an application for transfer to another job or a memorandum.

Employer mistakes when transferring an employee

The Labor Code establishes only a few grounds, in the presence of which the employer is not obliged to coordinate the transfer with the employee. Often, the employer assumes that the transfer is not associated with a significant change in the employee’s job functions. This leads to the fact that the employee does not agree with the transfer and may refuse to start work in the new position.

A conflict situation has arisen due to a management error and personnel service leads to the filing of complaints to various authorities and legal proceedings. As a result, the enterprise or manager who made the wrong decision may be subject to penalties for violating the requirements of labor legislation.

In addition, the employee may, through the court, demand reinstatement in his previous position, and this will lead to additional expenses for the payment of compensation and legal costs.

Application for transfer to another position

In case of consent to the transfer or own initiative The employee writes an application requesting a transfer. There is no uniform form established by law, so an employee can fill out a request for relocation in a free style or in accordance with the type of personnel documents established at the enterprise.

The request for transfer can be made on a regular piece of paper. At the top of the sheet on the right, write the position and full name of the manager being addressed, as well as the details of the employee filling out the application.

Then in the middle of the sheet they write the word statement, below the text of the document itself. It formulates the request for transfer itself, the reasons why such a transfer is necessary or possible, and also lists supporting circumstances and documents (if necessary).

The text of the application must indicate the employee’s awareness of the new working conditions.

The application is signed, dated and submitted for approval to your immediate management, future boss and the HR department.

The text of an employee's application for transfer may look like this:

“Please move me to the vacancy of a senior manager in the department marketing research, since I have the necessary qualifications and within last year took retraining courses in the specified specialization. Additionally, I am enclosing copies of education documents, certification results and course completion certificates. I have read and agree to the terms and conditions of the new position.”

Before writing an application for transfer to a vacancy you like in a neighboring department, you need to obtain the preliminary consent of your future superiors.

It is quite possible that there is already another more likely candidate for this job. After moving without notifying the immediate supervisor, conflict situations are possible.

Approximate contents of a transfer application

For example:

A transfer application may also be written at the request of management to express agreement with the transfer to another position.

For example, by the time she returned to work from maternity leave, the company had a vacancy in a branch that was located closer to the employee’s home address. She can write a statement and ask to be transferred to a new unit.

Example text: “Please move me to the cashier’s place in store No. 24, since my child was taken to the nursery preschool for a part-time day, and given the travel time from work at store No. 5, I don’t have time to pick up my son from kindergarten.”

If circumstances arise related to a change in the employee’s health status, he indicates this in the application.

Examples of text: “I ask you to transfer me to another place of work, due to an acquired occupational disease and the impossibility, according to the conclusion of the medical commission, to continue working at my previous place of work. I am attaching a copy of the conclusion of the medical rehabilitation commission.”

“I ask for a temporary transfer to other working conditions for the period of rehabilitation, since due to the injury I received (femoral neck fracture), long-term work in a standing position is contraindicated for me. I am attaching a medical report to the application.”

If the text of the document is drawn up at the request of the employer, it may look like this:

“I agree with the transfer to another position, I am familiar with the working conditions at the new workplace.”

In addition to transferring to another workplace, you can ask the employer to change the working conditions in the current position.

For example, due to family circumstances, an employee needs to change his work schedule and switch to remote work or part-time work.

The text of the application for transfer to remote work will be as follows:

“I ask you to change the work schedule at my current position and transfer me to work on a remote schedule due to the need to care for a sick relative. I undertake to perform my duties to the same extent. Medical documents, confirming the need for care, are attached.”

There are many reasons why a transfer of an employee is necessary or why he/she independently expresses a desire to change his place of work. In the vast majority of cases, the employee's consent to the move is required. In addition, the employee notifies the employer of his desire by submitting an application for transfer to another position or work mode.

A statement is written when an employee is transferred from one position to another within the same enterprise. At the same time, his job responsibilities, working conditions and powers change. You can download a sample application for transfer within an organization in the article below.

Translation is carried out by various reasons: in connection with the reorganization of a structural unit, the emergence of a new more profitable workplace for the employee, promotion or demotion of an employee at work.

When a new job appears, a company is reorganized, or other circumstances occur, an employee may be transferred to another position in another company. Such a transfer is carried out upon filling out a resignation letter.

An application to transfer an employee to another position is filled out in any form or on a form developed by the organization. It is written by the employee by hand or on a computer.

How to write an application for transfer to another position correctly

Let's take a closer look at the paperwork procedure:

In the upper right corner of the sheet the word “To the Director” is written. Below is written the last name, first name and patronymic of the manager, and the name of the enterprise.
The next line is to write from whom the application is being sent and record the position held, last name, first name and patronymic of the employee.
Next, in the middle of the sheet you should write “Statement”.
Under it, the employee writes the phrase “Please transfer me to work in.” Next, the name of the structural unit or department is recorded, and the name of the company is entered.
After the name of the company, the name of the new position that the employee wants to receive is recorded.
The type of translation being performed must be recorded. It may be permanent or temporary. Moreover, if an employee is temporarily transferred to a lower-paid position, the employer must compensate for the difference.
After this, the beginning of the period from which the employee can start a new position is written. The day, month and year are recorded.
Next, the application records the reason why the transfer is being made. The reason must be documented. For example, if a transfer is made to a new position, then the relevant documents from the HR department must be attached.
Below must be written the phrase “I have read and agree to the terms of employment.”
A personal signature is placed a little lower on the left side. WITH right side The first name, patronymic, and last name of the employee are recorded and the date of execution of the paper is indicated.

The employer endorses the consent to transfer the employee on the application form. The application for transfer is completed in two copies. One of them should be transferred to the employer. This copy is numbered and registered in the journal for recording internal documents.

The second copy is sent for approval and then given to the employee.

In addition to the application, the employer can attach a reference for the employee and memo requesting a transfer. Also, educational documents, a medical record, and a certificate may be attached to the application.

All attached documents must be described in the application form.

The new boss also expresses his consent to the transfer on the application form.

After the documents are completed and the employee receives a positive response, the company issues an order to enroll the employee in a new position -

In case of production necessity, the manager may decide to transfer the employee to another structural unit within the same organization. Such a change is formalized by a translation, which involves the issuance of an order and the signing of an additional agreement to the employment contract.

What is transfer to another job?

Under the transfer to another job, the Labor Code of the Russian Federation implies a number of changes:

change in the employee’s functionality (that is, the labor function established in his employment contract - work according to the position in accordance with the approved staffing table, profession, specialty indicating qualifications or the specific type of work assigned to the employee);
change in the structural unit (also established in the signed employment contract: it can be a branch, representative office, department, department, etc.);
transfer to work in another area together with the organization (outside the original administrative-territorial point).

Such changes are assumed only if work continues in the same organization, even if it moves to another area along with its employees (Article 72.1 of the Labor Code of the Russian Federation).

In addition, such changes can be either permanent (in which case we are talking about a permanent transfer) or temporary (temporary transfer).

Thus, transfer to another department without changing the position is one of the types of transfers and can be either permanent or temporary.

The procedure for transferring an employee to another structural unit

Regardless of what kind of transfer is intended - permanent or temporary, first of all it is necessary to obtain the consent of the transferred employee (with the exception of certain cases provided for in Part 2 and Part 3 of Article 72.2 of the Labor Code of the Russian Federation), otherwise the company’s actions will be recognized illegal.

The exceptions are as follows:
1. temporary transfer (up to one month) to prevent or eliminate the consequences of cases that threaten the lives of the population (fire, accidents, natural disasters and similar cases);

2. if the above extreme cases have occurred, temporary transfer is allowed (up to one month) in cases of downtime, protection of property or replacement of a temporarily absent employee (except for cases when work is expected to be performed that requires lower qualifications - then the employee’s consent to the transfer is mandatory).

The main thing is that consent to a transfer to another department must be obtained before the transfer is actually processed, that is, before the corresponding order is issued.

At the same time, a unified form of consent has not been established; it can be either a separate written consent of the employee (for example, an application for transfer to another department), or a corresponding entry on the transfer order issued by the employer, or the signing by the employee of an additional agreement to the employment contract.

If the transfer to another structural unit is permanent, then information about it must be entered in the work book (the entry is made on the basis of the transfer order no later than a week after its issuance).

The entry is duplicated in the employee’s personal card; the employee must be familiarized with it against signature.

Career growth or personnel changes sometimes require transformation of an employee’s job responsibilities on a permanent or temporary basis within the same organization. The basis for transfer of an employee may be the employee’s application. How to correctly write an application for transfer to another position (to another department, to another job) within the same organization?

IN regulatory framework There is no unified form of document according to which an employee is transferred to another position. It is compiled in any form.

Sample application for transfer to another position within the same organization -.

The transfer of an employee can be internal (when it occurs within one enterprise) or external (when the employee moves to a new employer in another organization). In the second case, dismissal is issued in connection with the transfer. In the first case, it is enough to receive an application from the employee and issue an order in the T-5 form (on a transfer within the organization).

A change in job responsibilities can be at the initiative of the employee or by decision of management with or without the consent of the subordinate.

The procedure for filling out an application for transfer to another position

The document is drawn up in the name of the manager in any form.

The text of the application must display:

the employee’s request for his transfer to another place of work (the structural unit or department, the name of the organization must be indicated, as well as the new position and the date of the expected personnel transfer);
reason for changing jobs;
confirmation that the employee has read the new working conditions and agrees with them;
the applicant's signature, last name, initials and date of drawing up the document.

After completing the application, it is endorsed by the following persons:

Head of the department where currently employee is working.
The head of the department where the employee will be transferred.
Head of the personnel department.
Director of the organization.

As a rule, each organization has its own standards for drawing up such statements. When contacting the HR department, the employee will provide a corporate sample document on transfer to another position.

Is employee consent required for internal transfer?

The transfer procedure depends on the reason for the personnel changes and occurs only with the written consent of the subordinate, with the exception of certain cases:

Moving an employee to another workplace or to another unit, if the place of work is geographically located in the same place.
The employee performs his duties on the new unit/mechanism.
In case of emergency, except for cases that threaten safety and normal life population.
Temporary transfer of an employee within the organization to another position for a period of up to a month, which is not specified in the employment contract. It is also possible for an employee to temporarily perform duties in place of an absent employee. The agreement expires after the latter returns to work. These temporary changes are not included in the work book.

In the above cases, it is enough to release personnel order about transfer to another position and obtain a signature confirming his familiarization with it. An application from the employee is not required

It is unacceptable to transfer an employee to a position that is contraindicated for him due to health reasons.

Reasons for transfer

The reasons for transfer to another position may be different:

Personal desire of the employee, in this case he writes a statement on his own initiative;
Reducing the number of full-time employees;
Medical indications;
Opening of new branches of the company;
Replacing another employee;
The emergence of a new full-time position;
Transfer due to relocation;
Promotion or demotion, etc.

After receiving an application for transfer to another position from an employee, an additional agreement to the employment contract with the employee is issued. This describes the nature of the work in the new position, the level wages, name of the structural unit and other information.

An order for appointment to another position is also issued. The basis for drawing up is the employee’s application, as well as other documents depending on the reason for the transfer. HR department employees put the appropriate mark in the employee’s work book and enter all necessary changes in the internal documents of the organization.

Rubric “Question - Answer”

Question 1: I am a bus driver, I was given a notice of the need to transfer due to production needs to the position of driver of a passenger car. This position has a lower salary. At the same time, I know that at that moment the company had 7 positions for the position of bus driver, of which only 5 were occupied. I refused the transfer, and I was fired due to the refusal to change the terms of the employment contract. Is this legal?

Answer: When transferring due to business needs, the employer must offer both positions equal to yours and lower ones. If there were rates similar to your position, the employer should have offered them as well. According to the provisions of Articles 72, 74, 77, you have the right to appeal to the court with a complaint and demand reinstatement at work.

Question 2: I worked as a site foreman, I was given a notice that the staffing was changing, and therefore my position was being reduced, and I was offered a choice of lower positions. He refused the transfer and was fired due to his refusal to accept the new terms of the employment contract (Clause 7, Article 77 of the Labor Code of the Russian Federation). Did the employer do the right thing?

Answer: If your position is being reduced, then either the basis for dismissal under clause 2 of Article 81 of the Labor Code of the Russian Federation with the payment of severance pay, or a transfer to the proposed positions should be applied to you. If you refuse the transfer, then you must be fired according to clause 2 of Article 81, and not according to clause 7 of Article 77.