Dismissal due to relocation. Moving the company to another location together with employees Compensation for moving to a new place of work

For various reasons, the employer has to transfer employees to another position, to another structural unit or another locality. At the same time, the Labor Code of the Russian Federation named cases when the employer in mandatory offers the employee a translation. In this article, we recall the rules regarding transfer to another location when the location of the institution is changed.

Transfer to another job in accordance with Art. 72.1 of the Labor Code of the Russian Federation, a permanent or temporary change is recognized labor function the employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer.

As a reminder, a transfer to another locality together with an institution belongs to the category of permanent ones.

Transfer to another job is allowed only with the written consent of the employee, with the exception of certain cases. In particular, an employee can be transferred without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer:

- in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, hunger, earthquake, epidemic or epizootic, and in any exceptional cases that endanger the life or normal living conditions of the entire population or part of it (p. 2 article 72.2 of the Labor Code of the Russian Federation);

- in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent the destruction or damage of property or the replacement of a temporarily absent employee, if the downtime or the need to prevent the destruction or damage of property or replacement of a temporarily absent employee is caused by extraordinary circumstances ( part 3 of article 72.2).

Differences between translation to another area and other types of transfers

Transfer to work in another locality together with the employer should be distinguished from other movements (relocations) of workers:

- from the movement of employees working on a rotational basis... In this case, moving from one facility to another cannot be considered a transfer, since the fact that an employee works at facilities located in different localities is a condition of his employment contract;

- from the transfer of an employee from one structural unit of the institution to another located in a different locality, if the institution itself does not move, since in this case there is a transfer to another job, and not to another locality together with the employer, since the location of the latter does not change. Let's clarify that changing the location of a separate subdivision is not regulated by Art. 72.1 of the Labor Code of the Russian Federation and cannot be considered as the relocation of the employer to another area. In addition, according to paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, branches, representative offices and other separate structural divisions are not legal entities, respectively, they cannot be considered employers in relation to employees. That is, a change in their location and transfer to work in another separate subdivision is not considered a transfer in connection with the relocation of the employer to another locality. Therefore, in the event of a change in the address of a branch or representative office, Art. 72 of the Labor Code of the Russian Federation, according to which a change in the terms of an employment contract determined by the parties is allowed only by agreement of the parties. In this case, it is necessary to conclude in writing an additional agreement to the employment contract on changing the terms of this contract determined by the parties. If an employee refuses to transfer to another location together with a branch, representative office or other stand-alone unit, the employment contract with him is terminated in accordance with clause 7, h. 1, Art. 77 of the Labor Code of the Russian Federation (refusal to continue work in connection with a change in the terms of the employment contract determined by the parties);

- from personnel rotation, which is the movement of specialists or managers from one position to another in the same or in another institution, taking into account the level of their qualifications, vocational education and work experience (service) in the specialty. The purpose of the rotation can be the promotion of an employee in a position with an expansion of powers and range job responsibilities; raising the level of qualifications, accompanied by an assignment to a manager or a specialist of more complex tasks, without a promotion, but with an increase in salary; change of tasks and responsibilities in connection with the transfer to an equivalent position without promotion and wages... In addition, rotation implies the transfer of an employee to new job or a position for additional qualifications and professional experience.

It should also be noted that in accordance with Part 6 of Art. 60.1 of the Federal Law of 27.07.2004 N 79-FZ "On State Civil Service Russian Federation" position civil service, to which a civil servant is appointed on a rotational basis, is replaced for a period of three to five years. This is also indicated in the Letter of the Ministry of Labor of the Russian Federation dated 09/18/2012 "On Methodological Recommendations" (together with the Recommendations dated 04/30/2013 " Guidelines- 2.0. Organization of rotation of federal state civil servants in federal executive bodies ").

Features of transfer to another area

So, the transfer to work in another locality together with the employer includes the transfer to a locality outside the administrative-territorial boundaries of the corresponding settlement in which the employer was located (clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Of the Russian Federation "). It should be remembered that the employer must inform employees about the decision transfer the activities of the institution to another locality. It is not legally defined in what time and in what form the employer must offer employees to transfer to another locality. Therefore, we believe that it is necessary to be guided by Art. 74 of the Labor Code of the Russian Federation and warn them, in order to avoid problems, two months before the planned move, in writing, for example, in the form of a notification, which will reflect:

- the new address of the location where the activity will be carried out;

- the term for the transfer of the institution to the new locality and, accordingly, the date of the employee's start of work in the new location (the employer must clearly define the timing of the move; if the employer has not moved within the established time frame, a repeated notification is made);

- guarantees provided to the employee in connection with the move, including the composition, method and amount of expenses reimbursed to the employee;

- the period within which the employee must notify the employer of the consent to transfer or refusal of it;

- the consequences of the employee's refusal to transfer together with the employer to another locality (in this case, the dismissal is drawn up in accordance with clause 9, part 1 of article 77 of the Labor Code of the Russian Federation).

To optimize the paperwork, it is more expedient to issue a single order (notification) on the relocation of the organization to another locality and bring it to the attention of all employees against receipt. If the employee refuses to sign, an act of refusal to acquaintance is drawn up. Consent or refusal to transfer should be obtained from each employee individually in any written form.

New address

Note that if employees carry out labor activity out of place executive body employer, then it will not matter for them where this body moved, since on their implementation job responsibilities it will not affect in any way. In addition, the location of the organization is not a prerequisite employment contract, as opposed to the place of work, especially for employees who work in branches, representative offices or other isolated structural units(Article 57 of the Labor Code of the Russian Federation).

Let us clarify that the location of the employer is a legal entity in accordance with paragraphs 2, 3 of Art. 54 of the Civil Code of the Russian Federation is determined by the place of its state registration... The address of its location is recorded in the constituent documents, as well as in the Unified State Register of Legal Entities. That is, after the issue with the address is resolved, it is necessary to make changes to constituent documents and register the changes in the prescribed manner.

When changing the legal address, it should be borne in mind that the address is considered changed from the moment the corresponding entry is made in the Unified State Register of Legal Entities. This is due to the fact that, according to paragraphs. "in" paragraph 1 of Art. 5 of the Federal Law of 08.08.2001 N 129-FZ "On state registration of legal entities and individual entrepreneurs"the Unified State Register of Legal Entities contains information and documents about a legal entity, in particular, the address (location) of its permanent executive body (in the absence of such, another body or person entitled to act on behalf of the legal entity without a power of attorney), through which communication is carried out with a legal entity.If the legal entity has a manager or a managing organization, along with this information, the place of residence of the manager or the location of the managing organization is indicated. federal register information about the facts of the activities of legal entities is subject to a record of the change in the address (location) of the legal entity (clauses "and" clause 7 of article 7.1 of the said law).

Guarantees and compensations

If the employee agrees to be transferred to another locality together with the employer, then the employer must discuss with him not only the conditions of the transfer, but also the procedure for fulfilling the guarantees established by labor legislation. We add that by virtue of Art. 57 of the Labor Code of the Russian Federation, an employment contract may provide for additional conditions that do not worsen the employee's position in comparison with those established by law. These conditions include, for example, the employer's obligation to reimburse the costs of moving and living.

Articles 164 and 165 of the Labor Code of the Russian Federation establish a list of guarantees and compensations (cash payments) related to reimbursing employees for expenses incurred by them in the performance of labor or other duties provided for by the Labor Code of the Russian Federation and other federal laws, in particular, when moving to work in another area ... Moreover, such guarantees and compensations are not included in the salary. A similar opinion is presented in the resolutions of the Federal Antimonopoly Service of the UO dated 06/08/2012 N F09-3304 / 12, FAS MO dated 03.21.2011 N KA-A40 / 1449-11 and from 21.08.2008 N KA-A40 / 7732-08.

For your information. When providing guarantees and compensations, the corresponding payments are made at the expense of the employer. If it is impossible in advance to accurately determine the amount of expenses subject to reimbursement in connection with the employee's relocation to work in another locality, an advance payment is issued to him by prior agreement with the employer (clause 2 of the RF Government Decree N 187).

They are defined in more detail in Art. 169 of the Labor Code of the Russian Federation. So, when employees move by prior agreement with the employer to work in another locality, the latter is obliged to reimburse the costs:

- for the relocation of the employee, his family members and the transportation of property (except for cases when the employer provides the employee with the appropriate means of transportation);

- to settle in a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, the minimum amount of compensation is not legally established. However, in this case, it is still necessary to be guided by the resolutions of the USSR Council of Ministers N 677 and the Government of the Russian Federation N 187. In addition to compensation for the cost of travel and the cost of transporting property, they provide for the payment of daily allowance to employees for each day on the road, a lump sum in the amount of a monthly salary at a new place of work and 1/4 of the employee's monthly salary for each moving family member.

Due to the fact that Art. 169 of the Labor Code of the Russian Federation does not oblige the employer to pay per diem for travel time, and also does not mention the payment of a lump sum to the employee and his family members and wages for the days of collecting for the trip and settling in a new place, these amounts are paid to employees only by agreement of the parties.

Note! When a new employee is hired, the payment for his travel to the place of work specified in the employment contract is not recognized as compensation, since before the conclusion of the employment contract, the norms of Art. 169 of the Labor Code of the Russian Federation are not applied.

The condition for compensation for renting a living space should be reflected in the employment contract (additional agreement) with the employee, as well as in the local regulatory act of the institution. In addition, clause 3 of the Decree of the USSR Council of Ministers N 677 established that employees who have moved in connection with their transfer to work in another locality, and their family members, are provided with housing on the conditions provided for by the employment contract. This resolution is valid in the part that does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation). And, as we can see, there are no contradictions with the Labor Code of the Russian Federation in this provision. And nowhere is it established what relates to the costs of settling in a new place of residence.

Refusal to move with the employer

If the employee refuses to transfer together with the employer to another locality, then he must send the latter a written refusal. Only in the presence of such a document can the employment contract be terminated under clause 9 h. 1 of Art. 77 of the Labor Code of the Russian Federation. In this case, the dismissed must be paid severance pay in the amount of two-week average earnings (Article 178 of the Labor Code of the Russian Federation). In the order to terminate the employment contract in the line (column) "Basis (document, number, date)", you should specify the details:

- decisions of the authorized body to relocate the institution to another locality;

- the employee's refusal to transfer to another job.

We will separately dwell on the issue of refusal to move to another locality for women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child under 18), and other persons raising such children without a mother.

Recall that it is not allowed to terminate an employment contract on the initiative of the employer with an employee during the period of his temporary disability and while on vacation (part 6 of article 81 of the Labor Code of the Russian Federation), with a pregnant woman, as well as a woman with a child under the age of three , a single mother raising a child under the age of 14 (a disabled child - up to 18 years), other persons raising these children without a mother (parts 1, 4 of article 261 of the Labor Code of the Russian Federation), except for the cases specified in these articles ...

However, the relocation of the employer to another locality actually means the termination of the employer's activities in that locality, and we are talking about the transfer not of a specific employee to another job, but of the entire institution to another locality. It is no coincidence that the grounds for termination of the employment contract are provided not in connection with the refusal to transfer in general, but in connection with the refusal to transfer to work in another locality (clause 9, part 1 of article 77 of the Labor Code of the Russian Federation). Termination of an employment contract on this basis refers to general grounds for termination and is not an initiative of the employer. Accordingly, in case of their refusal to move to another locality, these persons can be dismissed on a general basis.

Here is a sample of filling out a work book.

If the employee did not show up for work at the employer's new location or refused to start it without good reason, and also if he left before the end of the term of work (and in the absence of a term - before the expiration of one year) on their own without good reason or was dismissed for guilty actions, then he is obliged to return to the institution in full the funds paid to him in connection with the move to another area, minus travel costs.

Personnel documents

Upon receipt of consent to transfer to another locality and on the basis of an additional agreement, an order is issued to transfer the employee to another job. Let us recall that the Resolution of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1 for this purpose approved the unified forms T-5 and T-5a. But you can also use self-developed forms.

On the basis of the order, no later than a week's time, a record of such a transfer must be entered into the employee's work book (Articles 66, 72.1 of the Labor Code of the Russian Federation, clauses 4, 10, 12 of the Rules for maintaining and storing work books). The entry must exactly match the text of the order. In addition, a similar entry must be made in the employee's personal card (form T-2).

If the employee refuses to transfer to another locality, the dismissal is formalized by an order to terminate the employment contract in the form of T-8 or T-8a, with which the dismissed must be familiarized. If it is impossible to bring the order to the attention of the employee, a record is made on it.

Upon dismissal, the employee is issued employment history with a note of dismissal (Article 84.1 of the Labor Code of the Russian Federation), and the correctness of entries in the work book must be previously certified by the employee's signature (clause 35 of the Rules for maintaining and storing work books).

In addition, the employer is obliged to make a dismissal entry, similar to the entry in the work book, in a personal card and ask the person to be dismissed to sign both in his personal card and in the book for registering the movement of work books and inserts in them (clause 41 of the Rules for maintaining and storing work books ).

Dismissal when moving an organization often gives rise to many labor disputes. Such dismissal can be legal only if the employer observes the Labor Code of the Russian Federation. The basis for the dismissal of an employee can only be his refusal to transfer in connection with the relocation of the employer to another locality.

By “other locality” we mean the organization’s moving to another locality. Moving an organization within one locality does not count as moving to another locality.

With those employees who agree to such changes, it is necessary to conclude additional agreements to the employment contract, in which to indicate the new location of the organization. With the rest of the employees, the employment contract is terminated on the basis provided for in clause 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Notifying an employee of the organization's relocation to another location

If entity decided to change its location, then it must notify employees about this 2 months in writing. The notice must contain the following information:

• new address of the location where the activity will be carried out;
• the term for the transfer of the institution to a new location and, accordingly, the date of the employee's start of work in the new location (the employer must clearly define the timing of the move; if the employer has not moved within the established time frame, a repeated notification is made);
• guarantees provided to the employee in connection with the move, including the composition, method and amount of expenses reimbursed to the employee;

A transfer associated with the relocation of a company to another location entails a reimbursement of costs, namely:

• to move to the place of work, both the employee himself and his family members;
• for the transportation of his property;
• to the device in a new location.

In the notification, you can also indicate the procedure and nature of compensation for costs, as well as prescribe the period during which the employee must notify the employer of consent to transfer or refusal of it;

If, within the specified period, the employee did not give an answer on moving him to another location, then this is considered as a refusal to transfer.

To optimize the paperwork, it is more expedient to issue a single order (notification) on the relocation of the organization to another locality and bring it to the attention of all employees against receipt. If the employee refuses to sign, an act of refusal to acquaintance is drawn up. Consent or refusal to transfer should be obtained from each employee individually in any written form.

If you refuse to transfer, the employee must be fired. This dismissal applies to pregnant women and women who are raising children under the age of 14, and to the rest of the privileged categories. This is formalized by an order, in which the basis indicates a reference to the decision to move the company and to the employee's refusal to transfer. The employee must be familiarized with the order against signature.

Termination labor relations on this basis, it is carried out if the employee refuses to transfer to a locality located outside the boundaries of the administrative-territorial unit where the employee's place of work is located.

Important!!! refusal to transfer to a branch or representative office is not a ground for dismissal on this basis. An employee can be fired only if he refuses to work for the employer when he is moved to another area.

Dismissal procedure

When dismissing an employee in connection with the relocation of the organization, the following procedure must be observed:

1. Notify the employee about the relocation of the employer to another area 2 months in advance;
2. The notification is logged; in the relevant journal;
3. Receipt from an employee of a statement of refusal to work in connection with a transfer to another locality;
4. The application must be recorded in the appropriate journal;
5. An order is issued to terminate the employment contract in the form of T-8 or T-8a

about the dismissal of employees in connection with the refusal to move;

1. Registration of an order in the register of orders;
2. To acquaint the employee with the order to terminate the employment contract against signature;
3. The accounting department draws up a calculation note;
4. Making an entry on the termination of the employment contract in the work book and personal card of the employee and ask the dismissed person to sign both in the personal card and in the book for registering the movement of work books and inserts in them;
5. Wages are paid, compensation for unused vacation and other benefits due upon dismissal;
6. The employee is issued a work book and a certificate of income 2NDFL for the last two years.

Typical situations from practice

Situation 1: The branch of Dixy Logistics has issued a notice that it is closing in Ryazan due to its transfer to Serpukhov. The employee was offered a job in Serpukhov. It's far from Ryazan. What will happen if the employee refuses to move, are they obliged to pay him benefits, as in the case of reduction or liquidation (that is, a 2-month salary). They were given 3 days to make a decision. The branch will be closed on June 1. The worker (my son) does not want to leave Ryazan. What to do in order not to lose the due payments and not be left without work at least until June 1?

According to labor legislation, the employer was obliged to warn about a change in such a condition as the location of work no later than 2 months before everything should move (this is indicated by Article 74 of the Labor Code of the Russian Federation). At the same time, the employer is obliged to offer any vacancy that is suitable for health reasons, including even if for this you need to move to another area. At the same time, the organization is obliged to reimburse the costs of moving and settling in a new place. The employee has the right to refuse. If your son does not want to move, then there will be dismissal under paragraph 9 of Art. 77 of the Labor Code of the Russian Federation: the employee's refusal to transfer to work in another locality together with the employer. In this case, compensation is not paid, since in this case the dismissal occurs at the request of the employee.

Situation 2:“The organization moves to new office to another area of ​​the city. One of the workers categorically refuses to move, but is ready to quit only with the payment of compensation for 3 months. The manager refuses to pay. How to be? "

The employer's actions depend on whether the address of the former office is indicated in the employment contract as the place of work. Consider two options:

1. The address of the place of work is not indicated in the employment contract.

If other conditions of the employment contract have not changed, then the employee continues to work in the previous position, perform the same duties and receive wages in the same amount, only in a new office in the same city and this will not constitute a change in the terms of the employment contract.

An employee who does not agree with the move and does not go to work in the new office. This can be regarded as absenteeism. And the employer has the right to fire an employee for absenteeism, and this will be legal. In this case, the employee can part with the employer of his own free will.

1. The address of the place of work is indicated in the employment contract.

With this option, the terms of the employment contract will change, and the employer will be obliged to comply with a certain procedure provided for by the current labor legislation. The employer must notify the employee 2 months in advance about the change of address. The employee's refusal to make such changes may entail his dismissal on the appropriate grounds (clause 7, part 1, article 77 of the Labor Code of the Russian Federation). With such a dismissal, the employee is really entitled to severance pay, but in the amount of two-week average earnings (Article 174 of the Labor Code of the Russian Federation).

If the company transfers an employee to work in another city and at the same time provides him with financial support when moving and settling in a new place, then the corresponding compensation is not subject to insurance premiums. This conclusion was reached by the arbitrators in the decision of the CA of the West Siberian District of September 11, 2017 No. A67-7988 / 2016.

We must say right away that the dispute we are considering arose during the period of the Federal Law of July 24, 2009 No. 212-FZ (hereinafter - Law No. 212-FZ). But the conclusions made by the court can also be applied to insurance premiums calculated and paid in accordance with Chapter 34 of the Tax Code of the Russian Federation.

The crux of the matter

Based on the results of the audit, the Pension Fund held the company liable for incomplete payment of insurance premiums as a result of understating the base for calculating insurance premiums. The reason for this was the following.

On general meeting the founders of the LLC, it was decided to send the director of the organization to a temporary place of residence in another city for a period of three years. In connection with the move, the director was paid the amount of reimbursement of expenses related to the change of residence. In addition, he was paid monthly compensation for rental costs. These guarantees were established in a supplementary agreement to the employment contract.

The company did not pay insurance premiums from these amounts. According to the inspectors from the FIU, this is a violation of the legislation on insurance premiums. After all, these payments are not named in Art. 9 of Law No. 212-FZ. Recall that this provision contained a list of payments not subject to insurance premiums.

The organization did not agree with the findings of the auditors and went to court.

Position of the arbitrators

Three courts supported the company. The arbitrators agreed that the disputed payments are not wages, but represent compensation aimed at reimbursing the employee's costs in accordance with local regulations, and therefore these amounts are not subject to insurance premiums.

The courts referred to Art. 169 of the Labor Code of the Russian Federation, which guarantees employees who, by prior agreement with the employer, to work in another locality, reimbursement of the costs of moving the employee, his family members and transporting property (except for cases when the employer provides the employee with the appropriate means of transportation), as well as expenses for settling in a new place of residence. The procedure and amount of reimbursement of these expenses are determined by a collective agreement or local normative act or by agreement of the parties to the employment contract.

It is precisely the provisions of this article that give companies the right not to impose insurance premiums on the payments in question. The fact is that according to sub. "And" clause 2, part 1 of Art. 9 of Law No. 212-FZ, all types of legally established compensation payments (within the approved norms) related to the implementation of natural person job responsibilities. Thus, disputed payments are not subject to insurance premiums, since they represent reimbursement to employees of expenses incurred in connection with the performance of labor functions outside the place of permanent work, do not depend on the qualifications of employees, are not part of the remuneration system and are not an employee's income (economic benefit) ...

Victory is guaranteed

It should be said that the claims made to the organization by the inspectors from the Pension Fund regarding the taxation of insurance premiums on compensation for housing payments did not arise by chance. This is due to the fact that the fiscal point of view was adhered to during the period of the Law No. 212-FZ and the specialists of the Ministry of Labor of Russia. So, in a letter dated May 19, 2016 No. 17-3 / B-199, they indicated that Art. 169 of the Labor Code of the Russian Federation does not provide for the payment of compensation in the form of amounts to reimburse the costs of an employee who has moved to work in another locality, renting a living space. Therefore, such payments are subject to insurance premiums.

However, the judicial practice on this issue is completely on the side of the companies, and at the highest level. Example - Determination of the Supreme Court of the Russian Federation dated 09.22.2015 No. 304-KG15-5000. In this case, the company also paid reimbursement of the costs of the arrangement, including the cost of renting housing, to workers when they move to work from another area.

In deciding in favor of the company, the arbitrators indicated the following. The basis for calculating insurance premiums are payments and other benefits accrued to the employee within the framework of labor relations. They are recognized as relations based on an agreement between the employee and the employer on the employee's personal fulfillment of the labor function for a fee, the employee's submission to the internal regulations when the employer provides working conditions (Article 15 of the Labor Code of the Russian Federation). Some payments of the compensatory nature of Art. 129 of the Labor Code of the Russian Federation are classified as wages. At the same time, Art. 165 of the Labor Code of the Russian Federation, it is established that in addition to general guarantees and compensations, employees are provided with other guarantees and compensations, including when moving to work in another locality.

Disputed compensation payments are of a social nature. Despite the fact that they were produced in connection with the existence of an employment relationship, they do not have the signs of wages in the sense of Art. 129 of the Labor Code of the Russian Federation, since they are not wages, do not belong to incentive payments, do not depend on the qualifications of the employee, the complexity, quality, quantity and conditions of the work itself by this employee. The fact that there is an employment relationship between an employer and his employees does not in itself indicate that all payments that are accrued to employees represent their remuneration. Therefore, these payments are subject to clause. "And" clause 2, part 1 of Art. 9 of Law No. 212-FZ.

Similar conclusions are contained in the Ruling of the RF Armed Forces dated September 16, 2015 No. 304-KG15-5008, Resolutions of the CA of the Ural District of July 1, 2016 in case No. A60-42556 / 2015, of the North-Western District of January 21, 2016 in case No. A56-27541 / 2015, Central District dated 08.12.2015 in case No. A64-1983 / 2015, East Siberian District dated 13.02.2015 in case No. A33-7916 / 2014, Volgo-Vyatsky District dated 30.09.2014 in case No. A43-23628 / 2013 (By definition of the RF Armed Forces from 23.01.2015 No. 301-KG14-6974 refused to transfer the case for consideration by the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation), etc.

In the Russian Federation, as in the rest of the world, labor migration processes are underway. People move to places where there is a job with a good salary. Since 2013, some categories of citizens have been compensated for moving from the Far North (CC).

Members of their families move with the beneficiaries. Subject to certain conditions, they can also claim compensation payments in the same or less amount.

Legislation

The basic conditions for the allocation of compensation are laid down in Article 326 of the Labor Code (LC) of the Russian Federation. In particular, the text describes:

1. Categories of citizens who can qualify for the benefit. The main criterion is the existence of an employment contract with an institution of the federal or municipal level, as well as with a branch of one of the extra-budgetary funds.
2. Conditions under which support is allocated:
   • from the state budget;
   • from the employer's funds;
   • from the local treasury.
3. Dimensions (edit) Money and a method for determining the amount of compensation.

Attention: the preference associated with moving from the districts of the COP is entitled in case of termination of the employment agreement:

• for any reason;
• including, due to the death of an employee;
• except for the termination of the contract related to the employee's culpability.

This condition is deciphered in article l35 of the Law No. 4520-1 of 19.02.1993 and in paragraph 3 of the Rules, approved. Government Decree No. 1351 dated. December 131, 2014, explaining the procedure for calculating payments in more detail. In particular, potential recipients now include:

• pregnant women;
• dismissed due to the liquidation of the enterprise;
• citizens on parental leave and others.

Who can qualify for relocation support

Payments from the treasury to compensate for resettlement from regions belonging to the Far North are supposed to:

1. citizens who have concluded contract of employment with organizations funded by:
   • from the state treasury;
   • from the local budget;
   • from off-budget insurance funds (pension, social insurance and others);
2. the contract is related to the movement of a worker from the southern and central regions to the northern ones;
3. compensation is due after the completion of the terms of the contract and the subsequent return to the southern territories.

What budget is paid from

According to the said law, expenses for the allocation of compensation are divided between employers:

• military personnel and officials federal level receive money directly from the state treasury;
• municipal employees can apply for funds from the local budget;
• employees of foundations - with the money of the organization in which they worked;
• maternity wards and mothers caring for babies receive funding from the Social Insurance Fund (FSS);
• pensioners - from the Pension Fund (PFR).

What is paid

According to the legislation, compensation is charged for the following items:

Features of calculating a preference for moving

Understanding the terms of compensation for expenses, you need to pay attention to all the subtleties of regulations. So, the calculations are strongly influenced by the rule specified in Art. 326 of the Labor Code of the Russian Federation:

"An employee of a federal state body, a state non-budgetary fund of the Russian Federation, a federal state institution and members of his family in case of moving to a new place of residence in another locality in connection with the termination of an employment contract for any reason (including the death of an employee), with the exception of dismissal for guilty actions, the cost of travel is paid based on actual costs and the cost of baggage transportation at the rate of not more than five tons per family based on actual costs, but not more than the tariffs provided for transportation by rail. "

The legislator has provided for situations when those moving cannot order a railway container. The rules indicate that people can transport luggage to the nearest station by other means of transport, including by plane (which is much more expensive).

Important! When calculating the allowance, the average rail tariff will still be taken.

However, it is worth remembering that the amount of compensation specified in Article 326 of the Labor Code of the Russian Federation is minimal and applies only to state budgetary institutions, but other employers including commercial organizations, may provide for other conditions, procedures and amounts of compensation, based on the financial capabilities of the company, by collective agreements or local regulations.

Is it possible to move by personal car

It is not prohibited to organize moving to the southern and central regions using a personal vehicle. In this case, you should attend to the proof of compliance with the requirements of the law regarding the mass of goods.

In addition, to the application for compensation payment you will need to attach receipts issued by filling companies along the route.

Attention: more than is due for the transportation of the corresponding property by railroad will not be paid. This is a strict rule that an accountant cannot cross.

Example

Ivanova S.A. retired in 2014. Prior to that, she worked for 27 years as a federal employee in the Murmansk region. I decided to move to the Moscow region together with my retired husband. When organizing the transportation of property, it turned out that there were no containers at the nearest station. We decided to hire a car. The deal was formalized with an agreement, the total value of which was RUB 96,000.0.

After moving, she provided the following documents to the organization:

• service agreement;
• tickets for moving to Moscow by train in a compartment carriage (for yourself and your spouse).

The accountant took into account the following amounts in the calculation:

• the full fare of the applicant's and her husband's railroad;
• the cost of transportation of property at railway tariffs in the amount of 16,000.0 rubles.

Thus, out of the money spent 80,000.0 rubles. the applicant was not compensated. The expenses did not comply with the norms of the current legislation.

Features of payment for relocation of beneficiaries and family members

The travel of citizens is also subject to strict conditions. So, in regulatory documents it is indicated that tickets for all types of transport are subject to payment. However, the use of airlines is taken into account if the following condition is met:

• if other types of transport are not available in the area of ​​departure from the regions of the COP;
• or along the way there are no railways and motorways.

An important rule of moving

The law establishes a preference for citizens leaving the territory of the Far North (equivalent) to other regions of the Russian Federation. This means that it is impossible to reimburse the costs of transporting baggage and families within the COP (equivalent).

For example, if a citizen moves for permanent residence from Irkutsk to Vorkuta, then he is not entitled to any money. But for moving to Kaluga, he can receive compensation within the legal framework. Hint: a change of permanent residence address must be documented through the Federal Migration Service (FMS).

Are all retirees entitled to a preference

The legislation refers to the following benefit groups of the population:

• about pensioners receiving maintenance:
  • according to the age;
  • on state support;
• who have not entered into employment contracts (not working);
• family members who are dependents of the applicant.

Thus, they will not be able to apply for budget funds:

• working pensioners;
• their able-bodied relatives (even unemployed).

Where to send documents

An application for the allocation of compensation must be provided:

• dismissed at the last place of service;
• pensioners - to the PFR branch at the new place of registration;
• the unemployed - to the employment authorities;
• pregnant women - to the social security authorities.

The package of documents includes:

1. identity cards of all family members (passports, birth certificates of children);
2. confirming family ties (certificate of marriage, etc.);
3. travel documents;
4. contract and other papers confirming the transportation of baggage;
5. pensioners additionally attach:
   • a copy of the pension certificate;
   • a certificate of registration at the PFR branch at the new place of residence;
6. sometimes required (depending on the situation in the family):
   • court decision on adoption;
   • certificate of disability of a loved one;
7. other.

When will the funds be paid

Consideration of the application takes a certain amount of time. Specialists are required to:

• check the package for the accuracy of the certificates provided;
• find out if the applicant has received this type of assistance before;
• determine the legality of the claim.

The actual period of consideration is determined by the local regulations of the payer. So, according to internal instructions, specialists of the Pension Fund of Russia are entitled to 30 days to study the papers and make a decision. Upon expiration of this period, a written reasoned response is sent to the applicant (within three days):

• on the satisfaction of the application;
• about refusal with indication of objective reasons.

An unjustified refusal can be appealed against in court. Federal authorities, as a rule, money is transferred within a month. Organizations working at the expense of local budgets can extend the payment period, citing insufficient funding.

Last changes

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New edition of Art. 169 of the Labor Code of the Russian Federation

When an employee moves to another locality by prior agreement with the employer, the employer is obliged to reimburse the employee:

expenses for the relocation of the employee, his family members and the transportation of property (unless the employer provides the employee with appropriate means of transportation);

expenses for settling in a new place of residence.

The procedure and amount of reimbursement of expenses when moving to work in another locality to employees who have entered into an employment contract for work in federal state bodies, employees of state extra-budgetary funds of the Russian Federation, federal state institutions are determined by regulatory legal acts Government of the Russian Federation.

The procedure and amount of reimbursement of expenses when moving to work in another locality to employees who have concluded an employment contract for work in state bodies of the constituent entities of the Russian Federation, employees of territorial funds of compulsory medical insurance or state institutions of the constituent entities of the Russian Federation, persons working in local government bodies, employees of municipal institutions are determined, respectively, by the regulatory legal acts of state authorities of the constituent entities of the Russian Federation, regulatory legal acts of local government bodies.

The procedure and amount of reimbursement of expenses when moving to work in another locality to employees of other employers is determined by a collective agreement or local regulatory act or by agreement of the parties to the employment contract, unless otherwise provided by this Code, other federal laws and other regulatory legal acts of the Russian Federation.

Commentary on Article 169 of the Labor Code of the Russian Federation

Article 169 of the Labor Code of the Russian Federation obliges the employer, in the event of an employee moving to work in another locality, to reimburse him a number of expenses.

Another commentary on Art. 169 of the Labor Code of the Russian Federation

1. Expenses arising from moving to another locality shall be compensated to the employee in the event that there has been a preliminary agreement on the move between the employee and the employer. In this case, the employer is obliged to reimburse the employee for the expenses incurred in connection with the move. The procedure for reimbursement of expenses and the amount to be reimbursed are determined by agreement of the parties to the employment contract, the minimum amount of compensation has not been established.

2. Article 169 of the Labor Code of the Russian Federation provides for reimbursement to an employee in connection with the relocation of two types of expenses: actually for the relocation and for settling in a new place. Since Art. 169 of the Labor Code of the Russian Federation does not mention the payment of a lump sum to the employee and his family members, as well as the wages for the days of collection on the road and settling in a new place, these amounts are reimbursed only by agreement of the parties to the employment contract.

3. Reimbursement of relocation expenses may be related to:

With the transfer of an employee to work in another locality;

With the recruitment of an organization located in another locality;

With the transfer of the organization with which the employee has an employment contract, to another locality.

4. The sizes of the specified types of compensation, as well as other types of compensation and their amounts are determined by agreement of the parties to the employment contract.

5. Amounts of reimbursement of expenses when moving to another locality to employees of organizations financed from funds federal budget, established by the Decree of the Government of the Russian Federation of April 2, 2003 N 187 (SZ RF. 2003. N 14. Art. 1285). They are compensated for:

Moving expenses;

Property carriage expense;

Set-up costs.

6. Relocation expenses are comprised of travel expenses of the employee himself, his family members, as well as luggage. These costs are reimbursed if the employer does not provide the employee with transport for travel and (or) baggage.

The employee's family members whose travel expenses are reimbursed include the husband, wife, and children and parents of both spouses who are dependent on him and who live with him.

If higher amounts of compensation are not established by agreement of the parties, the cost of travel is subject to compensation: by rail - in a compartment carriage of a fast branded train; by water transport - in the cabin of the V group of a sea vessel of regular transport lines and lines with comprehensive service passengers, in the cabin of the II category of a river vessel of all lines of communication, in the cabin of the I category of a ferry vessel; by air - in the cabin economy class; by car- in a public transport vehicle (except for taxis).

In the absence of travel documents confirming the expenses incurred, reimbursement is carried out in the amount of the minimum fare: by rail - in a reserved seat carriage of a passenger train; by water transport - in the cabin of the X group of a sea vessel of regular transport lines and lines with integrated passenger services, in the cabin of the III category of a river vessel of all lines of communication; by road - in a general bus.

Baggage transportation is paid at the rate of 500 kg for the employee himself and 150 kg for each moving family member, provided that baggage is transported by rail, water and road transport (public). In the absence of these types of transport, the costs of transporting this property by air from the nearest railway station to the place of work or from the nearest sea or river port open for navigation at a given time may be paid. By agreement of the parties, the actual costs of transporting property in larger quantities can be paid.

The fare of family members and the transportation of their property is paid if they move to the employee's new place of residence before the expiration of one year from the date of his move.

Travel and baggage expenses are not reimbursed if the employer provides the employee with appropriate means of transportation.

7. The costs of settling in a new place of residence shall be reimbursed at the rate of the official salary of the employee at his new place of work for the employee himself and at a quarter of the indicated amount for each member of his family moving with him.

8. Article 169 of the Labor Code of the Russian Federation does not indicate the obligation of the employer to pay the employee per diem for the time spent on the road, therefore, these amounts are paid only by agreement of the parties. In organizations financed from the federal budget, their size is 100 rubles. for every day on the road. The daily allowance is paid only to the employee himself.

9. The employee is obliged to return in full the funds paid to him in connection with the move to work in another locality, in the following cases:

a) if he did not show up for work or refused to start work without a valid reason;

b) if, before the end of the term of work, due to the transfer, direction or recruitment, and in the absence of a certain period - before the expiration of one year of work, he resigned of his own free will without a good reason or was dismissed for guilty actions that, in accordance with the law, were the basis for the termination of the employment contract.

An employee who did not show up for work or refused to start work for a good reason is obliged to return the funds paid to him minus the travel expenses already incurred.

10. Graduates are also entitled to the above compensation. educational institutions secondary and higher vocational education, trained on the basis of an agreement on targeted contract training of specialists, leaving for work in accordance with the concluded contract outside the place of permanent residence, as well as members of their families (see Decree of the Government of the Russian Federation of September 19, 1995 (SZ RF . 1995. N 39. Art. 3777)).

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