Moving around the shopping mall. The procedure for registering the transfer of an employee to another workplace. Reasons initiated by the employer

Moving an employee often confused with its translation and vice versa. In this article, we will look at what movement is, how it is carried out and how it differs from translation.

The concept of movement under the Labor Code of the Russian Federation

Under the concept employee movement Labor Code of the Russian Federation in part 3 of Art. 72.1 combines several possible actions:

Change of the employee's workplace. Its definition is given in Art. 209 of the Labor Code of the Russian Federation is the place where the employee must be located or where he must arrive in connection with the performed labor function and which is controlled by the employer directly or indirectly.
Transfer of the staff unit where the employee works to another structural unit. Such a subdivision is understood as both separate subdivisions (branches, representative offices) and others that make up the organizational structure of the enterprise as a whole or a separate subdivision (departments, sections, workshops). Such a transfer, in order to be recognized as a movement, must be within the same locality (within the boundaries of the settlement where the workplace is located).
The assignment to work on another unit / mechanism.

All specified actions will be recognized relocation of an employee only if none of the conditions of the labor contract changes as a result of their implementation. Moreover, this refers to any conditions, and not only those that are mandatory for agreement in the text of the contract (Article 57 of the Labor Code of the Russian Federation).

Otherwise, the listed movements of the employee are recognized as a change in the agreed conditions of the labor contract, and for their implementation, the Labor Code of the Russian Federation provides for a more complex procedure than for employee movement(Art. 72).

For example, the driver's employment contract states that he is obliged to work on a specific car (indicating the brand, model, etc.). It is not at all necessary to specify such conditions under the Labor Code of the Russian Federation. But the order to carry out work on another car will already be a change in the terms of the employment contract and will require complicated registration.

Transfer order - how to fill out and where to get a sample

To implement employee movement it is enough for the employer to issue an administrative document, for example, an order. You do not need to ask the employee for consent. There is no standardized form for the transfer order, so it should be issued in free form.

Download order form

Usually, orders are drawn up on letterhead (if available at the enterprise). Mandatory details of orders are date, serial number and name.
The order consists of a preamble and a main part. The preamble should refer to the document in connection with which the transfer is made (if any), and also indicate that the terms of the employment contract do not change.
The order must be signed by an authorized person: without a power of attorney - by the head of the organization or another employee, if his ability to sign such documents without it is provided for by the charter; or by any person with the appropriate power of attorney.
The order should provide for a place for the employee, in respect of whom the order is issued, to mark the familiarization.

A sample transfer order can be found on our website.

Order for worker relocation be sure to inform the latter against receipt. If he refuses to sign the acquaintance, then this should be recorded in the order itself, attesting to the fact of refusal by the signatures of several witnesses.

Don't know your rights?

The refusal of a worker to comply with the order to move can be regarded as a disciplinary offense (definition of the RF Armed Forces of 18.06.2010 No. 25-B10-3).

The difference between moving to another workplace or to another department from translation

The indicated procedures differ in their legal consequences and conditions for their implementation.

The term "transfer" in the Labor Code of the Russian Federation is used in relation to several different situations (part 1 of article 72.1):

Change of job duties (labor function).
Subdivision change when it is specified in the employment contract.
Transfer to work in another locality (due to a change in the location of the employer or its branch).

The listed situations are united by a common feature - a change in the terms of the employment contract. This is the fundamental difference between translation and translation.

Also, translation, unlike employee movement, as a general rule, requires the written consent of the employee - the employer's order alone is not enough (although it will also need to be issued). Moreover, the will of the employee must be expressed by signing the appropriate supplementary agreement to the labor contract. Involuntary transfer is allowed only temporarily and in exceptional cases - for example, to eliminate the consequences of emergency situations (Article 72.2 of the Labor Code of the Russian Federation).

Horizontal movement to another office - what are the rules stipulated by the Labor Code of the Russian Federation

As can be seen from the foregoing, an action such as changing a structural unit can in one case qualify as a translation, and in the other as worker relocation.

Many employers in the territory of one settlement have not one, but several offices (which may or may not have the status of separate divisions). And when the need arises relocation of an employee to another office, the following situation is possible: the employee does not agree with the relocation and refuses to go to work at the new address. The legality of such a refusal depends on the specific circumstances:

The structural unit is indicated in the employment contract. This means that the translation rules apply. This means that the employee has every right to refuse to go to work in another office, and he cannot be punished for this (determination of the Moscow Regional Court of 15.06.2010 in case No. 33-11570, determination of the Moscow City Court of 16.04.2012 in case No. 33-9062).
The labor contract does not contain information about the unit. In this case, the employee's consent to work in another office is not needed, and for failure to comply with the order to move him, he can be brought to disciplinary responsibility in accordance with Art. 193 of the Labor Code of the Russian Federation.

Whether to indicate the structural unit in the employment contract

Thus, the need for the written consent of the employee depends on whether the structural unit is indicated in the employment contract. It will be much more convenient for the employer to make personnel movements if the information on the specific unit where the employee should work is not included in the employment contracts. It is enough to indicate the locality as the place of work.

But recall that, according to par. 2 h. 2 tbsp. 57 of the Labor Code of the Russian Federation, when hiring a separate subdivision (for example, a branch or representative office), which is located in a locality other than the head organization, it is imperative to indicate the subdivision and its address in the text of the employment contract. Accordingly, such employees can be transferred to an office at a different address only with their consent.

And, even if the structural unit is not specified in the contract, you need to answer the question: will at least one of its conditions change when moving to another office? For example, it is possible to change the work schedule, job responsibilities. If the answer to this question is yes, then one cannot do without obtaining the consent of the worker and concluding an agreement with him.

So, the court found it illegal worker relocation to another office, since as a result of this event he had an additional obligation (the appeal ruling of the Supreme Court of the Republic of Tatarstan dated 13.09.2012 in case No. 33-9332 / 2012).

Thus, when carrying out any personnel movements, the employer should carefully study the terms of the employment contract. After all, the qualification of the employer's actions and their legality depend on whether at least one of these conditions changes.

Labor Code, N 197-FZ | Art. 72.1 of the Labor Code of the Russian Federation

Article 72.1 of the Labor Code of the Russian Federation. Transfer to another job. Relocation (current edition)

Transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural 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. Transfer to another job is allowed only with the written consent of the employee, except for the cases provided for by parts two and three of Article 72.2 of this Code.

At the written request of the employee or with his written consent, the employee may be transferred to a permanent job with another employer. In this case, the employment contract at the previous place of work is terminated (paragraph 5 of the first part of Article 77 of this Code).

It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail changes in the terms of the employment contract determined by the parties.

It is forbidden to transfer and transfer an employee to work that is contraindicated for him for health reasons.

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Commentary on Art. 72.1 of the Labor Code of the Russian Federation

1. In Art. 72.1 gives the concepts of "transfer to another job" and "transfer". Transfer to another job in accordance with the commented article is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work with the same employer, as well as transfer to work in another locality together with the employer. As follows from the content of the above norm, a change in other conditions determined by the employment contract (for example, work schedule, remuneration) is not a transfer to another job.

Transfer to another job, as well as changing other terms of the employment contract determined by the parties, is possible only with the written consent of the employee. An exception to this rule is allowed only in the cases specified in parts 2 and 3 of Art. 72.2 (see comments to it).

If the transfer to another permanent or temporary job with the same employer was made without the written consent of the employee, but the employee did not object to such a transfer and proceeded to perform another job, such a transfer may be considered legal. However, the performance by the employee of other work does not relieve the employer of the obligation to obtain written confirmation of such consent to the transfer from the employee.

In cases where an employee transferred to another job with the same employer has begun to perform this work, but believes that the transfer was carried out in violation of the law, he can appeal against the illegal transfer to the labor dispute resolution authorities.

2. Transfer to another permanent job or temporary transfer to another job with the same employer, as well as transfer to a permanent job in another locality together with the employer are drawn up by order (order) of the employer in the prescribed form.

When transferring to work in another locality, employees are paid appropriate compensation: the cost of travel for the employee himself and his family members, the cost of baggage transportation, the cost of settling in a new place, etc. . 169).

Another locality should be understood as an area outside the administrative-territorial boundaries of the corresponding settlement (clause 16 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).

Transfer to work from one settlement to another, even within one administrative region, is considered as transfer to another locality, regardless of the presence of a bus or other regular service between these points.

The employee's refusal to transfer to another locality together with the employer is the basis for terminating the employment contract with him under paragraph 9 of Art. 77 TC. Refusal to transfer to a branch or representative office of an organization located in another locality cannot be the basis for terminating an employment contract with an employee if the employer himself does not move to this other locality (see comments to Article 77).

Upon dismissal of employees in connection with the refusal to transfer to another locality, together with the employer, they are paid a severance pay in the amount of two weeks' average earnings (part 3 of article 178 of the Labor Code).

3. Transfer to work to another employer can be carried out at the request of the employee, set out in writing, or with his written consent, if the initiative in the transfer comes from the employer.

Transfer to a permanent job to another employer entails a change in one side of the employment contract, therefore, it is considered by the legislator as an independent basis for termination of the employment contract (clause 5 of article 77 of the Labor Code). An employee who is invited to work in writing by way of transfer from another employer cannot be refused to conclude an employment contract within one month from the date of dismissal from the previous place of work (see comments to article 64). In this case, the employee's work book contains records of dismissal and hiring, indicating the procedure in which the dismissal was carried out in connection with the transfer - at the request of the employee or with his consent (clause 6.1 of the Instructions for filling out work books).

4. Transfer to another permanent job or temporary transfer to another job with the same employer is possible for various reasons. In this case, the initiative in the translation can come from both the employer and the employee himself (for example, due to the fact that he has improved his qualifications).

In a number of cases, the employer is obliged to transfer the employee with his consent to another job, for example, in the case when the employee needs, in accordance with the medical opinion, to provide another job (see the commentary to Article 73).

In cases where the work to which the employee is transferred in accordance with the medical certificate is lower paid, the employee retains his previous average earnings within a month from the date of transfer, and upon transfer due to work injury, occupational disease or other damage to health, work-related - until the establishment of permanent disability or until the employee recovers (see commentary to Art. 182).

In some cases stipulated by law, the employer is obliged to offer the employee a transfer to another job. Such a duty may arise, for example, in the case of a reduction in the number or staff, if the employer has another job for the employee to be reduced (see comments to Part 3 of Article 81). The employer is obliged to offer another job available to him to a person who is recognized by the results of certification as not appropriate for his position (see comments to article 81).

Judicial practice under article 72.1 of the Labor Code of the Russian Federation:

Supreme Court Decision: Determination No. APL17-146, Appeals Panel, Appeal
Part 1 of Article 721 of the Labor Code of the Russian Federation defines a transfer to another job as a permanent or temporary change in the labor function of an employee and (or) a structural unit ...
Supreme Court Decision: Determination N 14-B10-3, Judicial Collegium for Civil Cases, supervision
In addition, the court also indicated that the notice of rejection of his candidacy by the President of the Russian Federation N.A. Kalinkina received after the termination of her powers, which, within the meaning of Articles 22, 72, 72.1, 79 of the Labor Code of the Russian Federation, cannot serve as a basis for infringement of her rights. The cassation court also agreed with this position ...
Supreme Court Decision: Determination N 25-B10-3, Judicial Collegium for Civil Cases, Supervision
An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing. According to article 72.1 of the Code, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) a structural unit ...

New edition of Art. 72.1 of the Labor Code of the Russian Federation

It is forbidden to transfer and transfer an employee to work that is contraindicated for him for health reasons.

Commentary on Article 72.1 of the Labor Code of the Russian Federation

Changes to the terms of the employment contract that determine the place of work of the employee is made taking into account the provisions of Articles 72.1, 72.2 and 73 of the Labor Code of the Russian Federation. First of all, let us draw the attention of dear readers to the fact that in accordance with article 72.1 of the Labor Code of the Russian Federation, transfer to another job means:

a) permanent or temporary change in the labor function of the employee and (or) the structural unit in which this employee works (if the structural unit was specified in the employment contract) - when continuing to work for the same employer;

b) transfer to work in another locality together with the employer. The transfer of an employee to another workplace (to another structural unit) located in the same area does not require consent, if this does not change any of the previously defined conditions of the employment contract. Such a situation, in accordance with part three of Article 72.1 of the Labor Code of the Russian Federation, qualifies as relocation.

Another commentary on Art. 72.1 of the Labor Code of the Russian Federation

1. Article 72.1 of the Labor Code of the Russian Federation interprets a transfer to another job and a transfer (to another workplace), which is not a transfer.

As follows from Part 1 of Art. 72.1, transfer to another job is a special case of a change in an employment contract, and the concept of transfer is associated with a change in the terms of an employment contract determined by the parties (see article 72 of the Labor Code of the Russian Federation and a commentary to it). In other words, translation is primarily an innovation in the content of an employment contract. At the same time, on the one hand, not every change in the content of the employment contract is recognized by the legislator as a translation, and on the other hand, not every translation is associated with a change in the terms of the employment contract established by the parties, i.e. is the innovation of its content.

By virtue of Art. 72.1 of the Labor Code of the Russian Federation, a transfer to another job means a change in: a) the labor function of an employee and (or) b) a structural unit (if this unit was determined by the parties as a condition of the employment contract). In this case, there is a transfer to another job associated with the innovation of one or two conditions that make up the content of the employment contract.

Transfer to another job is also a transfer of an employee to another locality together with the employer. Based on the definition of the concept of a place of work as a condition of an employment contract (see Article 57 of the Labor Code of the Russian Federation and a commentary to it), it should be recognized that in this case, too, there is a change in one of the conditions that make up the content of the employment contract.

Finally, in accordance with Part 2 of the commented article, a translation is a transfer of an employee to another employer. However, since in this case the subject composition of the contract changes, such a transfer means the termination of one employment relationship and the emergence of a new one.

So, a transfer to another job means either a change in the type of work (type of work and its qualifications) stipulated by the employment contract, or a change by the agreed parties of the place of employment.

Accordingly, as the Supreme Court of the Russian Federation states, a transfer to another job should be considered a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural 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. At the same time, structural subdivisions should be understood as branches, representative offices, and departments, workshops, sections, etc., and under another locality - an area outside the administrative-territorial boundaries of the corresponding settlement (parts 2 - 3 p. 16 Resolution of the Plenum of March 17, 2004 N 2).

Such a change can be either permanent or temporary. A change in the subject composition of an employment contract, strictly speaking, is not a transfer, because it is associated with the termination of the employment contract as a whole when the employee moves to another employer (see it).

2. When characterizing this type of transfer as "transfer to another locality together with the employer", it should be borne in mind that quite often the employer's economic activity is not limited to one locality (for example, organizations practicing the rotational method of organizing work, logging, construction organizations, etc.). Since the specifics of labor relations in such cases is the performance of the employee's job duties at facilities located in different localities, the movement of an employee from one facility to another cannot be considered a transfer.

Thus, in such cases, one should distinguish between the place of economic activity and, accordingly, the use of the employee's labor and the location of the organization, which should be understood as its legal address (as in the case of a transfer in connection with a change of employer, in this case there may be a movement to another locality as employer-organization and employer-individual). Moving the location of the organization to another locality should be interpreted as transferring the employee together with the organization to another locality. The concept of the location of an employer (both an organization - a legal entity and an individual entrepreneur - an individual), i.e. its legal address is determined taking into account the norms of civil legislation.

As follows from the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs", the state registration of a legal entity is carried out at the location indicated by the founders in the application for state registration of a permanent executive body, in the absence of such - at the location of another body or person entitled to act on behalf of a legal entity without a power of attorney (Art. 8).

State registration of an individual entrepreneur is carried out at his place of residence. By virtue of paragraph 1 of Art. 20 of the Civil Code of the Russian Federation, the place of residence is the place where a citizen permanently or predominantly resides. According to clause 18 of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713, registration of citizens at the place of residence is carried out by means of a corresponding mark in their passports ... According to clause 1 of the Decree of the President of the Russian Federation of March 13, 1997 N 232, the passport of a citizen of the Russian Federation is the main document proving the identity of a citizen of the Russian Federation on the territory of the Russian Federation (letter of the Federal Tax Service of October 24, 2005 N 06-9-09 / [email protected]"On the registration of CCP").

In the event that an employee is employed by an employer - a large legal entity, his place of work is a structural unit (enterprise or institution) as an element of the production and technological structure of this legal entity (see paragraph 3 of the commentary to Article 57 of the Labor Code of the Russian Federation). Under such conditions, the transfer together with the organization should be considered the transfer of this structural unit to another locality (despite the fact that the location of the employing organization has not changed).

Finally, this type of transfer is available if the location of separate structural units (branches and representative offices), in which the labor of employees is used, changes.

An employee who is transferred to work in another locality is reimbursed for expenses when moving (see article 169 of the Labor Code of the Russian Federation and a commentary to it).

If the employee refuses to transfer in connection with the relocation of the employer to another locality, the employment contract with him is terminated in accordance with paragraph 9 of Art. 77 of the Labor Code of the Russian Federation.

3. Transfers to another job may differ for other reasons.

4. From the point of view of who initiated the transfer, it is possible to distinguish transfers carried out on the initiative of the parties to the employment contract and on the initiative of third parties. In turn, the initiative of the parties to transfer can be mutual and one-sided (i.e. come either from the employee or from the employer).

From the general principle of contract law - "contracts must be fulfilled" - it follows that changing the content of an employment contract (its novation) is possible in the same manner and in the form in which it was concluded. Just as the conclusion of an agreement is an act of the will of both parties, and its change should presuppose the corresponding expression of the will of these parties. As a general rule, transfer to another job is possible if there is a mutual will of the parties to the contract. This general rule is enshrined in Part 1 of Art. 72.1 of the Labor Code, according to which transfer to another job is allowed only with the written consent of the employee.

5. The initiative for the transfer can come from the employee. However, as a general rule, such an employee's initiative should be considered nothing more than a request for transfer, which the employer has the right (but is not obliged to) satisfy. There are exceptions to this general rule when an employee's request to change essential working conditions is mandatory for the employer. For example, in accordance with the request of a pregnant woman, one of the parents (guardian, caregiver) who has a child under the age of 14 (a disabled child under 18), as well as a person caring for a sick family member in accordance with a medical opinion , the employer is obliged to establish a part-time or part-time working week (see article 93 of the Labor Code of the Russian Federation and a commentary to it). In the same way, if an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases stipulated by federal laws, the employer is obliged to provide the employee with another job for the duration of the elimination of such a hazard (see article 220 of the Labor Code of the Russian Federation and a commentary to it ).

6. From a similar standpoint, transfers made on the initiative of the employer should be assessed. As a general rule, the employer's proposal to change the essential working conditions presupposes a counter-expression of the will of the employee; unilateral changes by the employer are not allowed. However, there are exceptions here, when the employer's order to transfer is mandatory for the employee and refusal to comply with it is considered a disciplinary offense. But under such conditions, the principle of stability of the labor relationship is called into question and the threat of using the employee's labor forcibly is created, which is a violation of the constitutional principle of the freedom of the individual at his disposal, including the disposal of his abilities to work. Therefore, the possibility of using the employee's labor on conditions that go beyond the agreement of the parties is surrounded by a number of restrictions provided for by law. Transfer without the consent of the employee is possible, firstly, if there are extraordinary reasons for that, the list of which is specified in the law, and, secondly, if it is temporary (see article 72.2 of the Labor Code of the Russian Federation and the commentary to it). In addition, an essential guarantee that excludes the possibility of forced labor is the employee's statutory right to freely terminate the employment contract of his own free will.

At the same time, the legislation presupposes the possibility of permanent changes in the essential conditions of the employment contract by the employer unilaterally. However, such a change is allowed only by certain categories of employers. For example, an employer - an individual (see article 306 of the Labor Code of the Russian Federation and a commentary on it) and an employer - a religious organization (see article 344 of the Labor Code of the Russian Federation and a commentary to it) have the right to unilaterally change the essential conditions of an employment contract, subject to a written warning employee, respectively, at least 14 and 7 calendar days before the introduction of new working conditions.

7. The initiative for translation may come from third parties, ie. entities other than an employee or employer. For example, such a subject may be a medical authority, which, based on the results of a medical examination of an employee, concludes that, due to medical indications, the specified employee needs to be provided with work with easier working conditions. For the employer, this prescription is mandatory: he is obliged to offer the employee a job with easier working conditions. In relation to the employee, the opinion of the medical authority cannot be considered as binding. Thus, the employer, in accordance with the medical opinion, is obliged to offer the employee another job, the latter, in turn, has the right to consent to the transfer, but has the right to refuse it (see article 73 of the Labor Code of the Russian Federation and the commentary to it).

The situation is somewhat different in the case when the court acts as a third person, appointing the guilty employee a punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities (Articles 44, 47 of the Criminal Code). It is clear that this legal act of the court is binding on all persons to whom it is addressed, first of all, of course, to the employee and the employer. However, this does not exclude the employer's right to offer the employee a job that is not subject to the restriction imposed by the court, as well as the employee's right to agree to a transfer to such work. A similar approach is possible in the case of the appointment in the prescribed manner of an administrative punishment in the form of deprivation of a special right (Article 3.8) or disqualification (Article 3.11 of the Administrative Code).

8. Legislation provides for the possibility of transfer to another job at the will of the parties to the employment contract and a third party. In the case of transferring an employee to another employer, in addition to the request or consent of the employee himself, the consent to such transfer of the previous employer and the invitation (or consent to transfer) of the new employer are also required.

At the same time, the law prohibits the refusal to conclude an employment contract for employees invited in writing to work by transfer from another employer, within one month from the date of dismissal from their previous place of work (see article 64 of the Labor Code of the Russian Federation and a commentary to it).

9. Transfers to another employer differ depending on the place of transfer: a) within the employer's organization; b) to another employer in the same area; c) together with the employer to another locality. In addition, the possibility of transferring an employee to another employer located in another locality cannot be ruled out.

Transfer to another employer is usually temporary. If it is of a permanent nature, then there is no reason to talk only about the transfer: here the subject composition of the employment contract changes (one employer is replaced by another). Accordingly, one labor relationship ceases to exist and a new one arises. We are not talking about the transfer as such, but about the termination of the employment contract in the order of transfer to another employer (clauses 1 - 2 of the commentary to this article). Such a transfer involves the coordination of the wills of all interested parties, including the employee.

10. Depending on the terms, transfers to other permanent and other temporary work (or transfers are permanent and temporary) differ. Transfers to another permanent job are carried out with the consent of the employee, while temporary transfers are possible without the consent of the employee, i.e. are mandatory for him, and refusal to transfer without sufficient grounds is considered a disciplinary offense.

11. Translations differ depending on the reason for the translation. These reasons may be associated with the personal characteristics of the employee, his social status, or be of a production nature. For example, the employee's health condition may serve as the basis for transferring to another job (see article 73 of the Labor Code of the Russian Federation and the commentary to it); the grounds for translation of a production nature are the occurrence of extraordinary cases (see article 72.2 of the Labor Code of the Russian Federation and the commentary to it).

12. The concept of "transfer to another job" is closely related to the concept of "transfer to another job". By virtue of the commented article, it does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, to entrust him with work on another mechanism or unit, if this does not entail changes in the conditions of labor determined by the parties. contract.

Consequently, as a general rule, assigning an employee to work on another mechanism, unit, machine (without changing the terms of the employment contract) is not a transfer to another job and does not require the employee's consent. If the employment contract provides for the performance of work at a specific workplace, then the assignment of work on another unit, mechanism or machine is a translation. For example, a driver can be hired both without specifying the brand of the car on which his labor is supposed to be used, and with the indication of this brand. In the latter case, the assignment to him of work on a car of a different brand should be considered as a transfer to another job.

Likewise, the transfer of an employee from one structural unit of an organization to another is usually not considered a transfer (unless the terms of the employment contract are changed). However, this rule is valid in the event that structural divisions are located in the same area according to the existing administrative-territorial division. As the court practice shows, moving from one structural unit to another, even if these units are located in the same locality, is interpreted as a transfer if, when moving, the transport accessibility of a new job significantly deteriorates. The formal criterion for distinguishing between transfer and movement in this case can be the criterion of transport accessibility established by the Law of the Russian Federation of April 19, 1991 N 1032-1 "On employment in the Russian Federation", and taken into account when deciding on a suitable or unsuitable job when employing a person recognized as unemployed.

In any case, it is not allowed to order an employee to perform work that is contraindicated for him for health reasons.

Sometimes the company requires an employee in a different place than the position and responsibilities. In a similar situation, the employee is moved to a new location.

The relocation of an employee, in accordance with article 72.1 of the Labor Code of the Russian Federation, is an action by the management, the result of which is a change in the workplace or structural unit in which he works. Also, the transfer will be the order to work on the new device.

This action provides that the employment contract between the company and the employee does not change in any way... The content states that the company provides the hired employee with a different workplace than before. However, there are no major and minor changes in the provisions of the employment contract.

Features of application according to the Labor Code of the Russian Federation

The employment contract requires to regulate the place of work of a specialist... Under place of work understand the organization in which the employee works.

Workplace- the area where the employee is located and the means of applying his labor, which is determined on the basis of technical and ergonomic standards and is equipped with technical and other means necessary for the employee to perform the specific tasks assigned to him. Such a place is an office, device or machine (it can also be an entire enterprise and (or) a certain settlement).

If the organization has several branches within the city, it is necessary to indicate in the employment contract the locality itself as the place of work. In this case, the employee can be transferred from one branch to another in the order of movement (only within the city).

Movement within the enterprise is possible if the employment contract does not contain a reference to the structural unit of the company in which the employee works. In this case, structural decisions can be made without delay. Along with drawing up an order, a reference to the transfer is made on the employee's personal card.

Moving- permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works, while continuing to work for the same employer, as well as transfer to work in another locality together with the employer. This procedure does not imply amending the employment contract.

Translation- permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural 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. Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for in parts two and three of Article 72.2 of the Labor Code of the Russian Federation.

Thus, whether the employer's action is a transfer or a relocation is determined by whether the employment contract has been amended. In the same time there are a number of conditions that must be included in the agreement... If a specific condition changes, then we are talking about a translation.

Itself movement is divided into horizontal or vertical... Horizontal implies the direction of an employee to a position that corresponds in level to the previous one, while it is assumed that the salary of this employee in the new position will be higher. Vertical means promotion due to professional growth.

We bring to your attention a video detailing the differences between translation and movement.

Procedure for implementation

The employer issues a relocation order. After that, the authorized person familiarizes the employee with the document. The employee signs the document.

If the employee refuses to sign the order, then this fact is recorded by the employer and certified by three witnesses with the mention of this circumstance. In consequence to the employee disciplinary action can be taken.

There may be a dispute between the employer and the employee regarding the admissibility of such an action. In such a situation, the employer is required to prove that the action he committed did not lead to a change in the conditions specified in the agreement.

Legal consequences of illegal movement

If the transfer is processed as a transfer, an employee of the company has the right to sue... The same opportunity arises when they want to move him to a position that is contraindicated in accordance with his state of health. Also there are travel restrictions for pregnant women and minors.

If the court decides that in this case there was a transfer, the employee is reinstated in the same place (in the previous structural unit or branch).

A decision is also made on the accrual of wages in the average amount for the entire period, which lasted as a forced absenteeism.

If an employee took up a new position (was transferred illegally), then when a decision is made in his favor, the difference in earnings between the previous position and the new one is compensated.

The employee has no obligation to sue if he does not consider his rights violated.

Requirements for registration and sample order

Move order has the following form:

at the top is a hat. Indicate the organizational form of the company and its name;
below - "order" and next - number;
date and place of compilation;
the preamble of the decision, which is introduced with the words "in connection". Indicate the document on the basis of which the transfer takes place, prescribe that the conditions of the labor contract do not change;
below - "I order";
the main part, which includes the content of the order, for example:
- the first paragraph indicate who is being transferred and where, the name of the employee and the place where he works now, as well as the place to which you want to transfer;
- the second point instructs the responsible employee to familiarize the employee with the order to which it was issued;
the order is signed by the head (director). If there is a power of attorney, the signature is put by the person on whom it was drawn up;
below - the indication "are familiar with the order";
signature of the responsible employee who is obliged to familiarize the addressee with the content of the order
the signature of the employee being moved.

Sample order to relocate an employee

At enterprises, orders are issued on letterheads developed in-house.

Regulatory regulation

The normative regulation of the movement of the employee complies with the norms of the Labor Code of the Russian Federation, included in.

The Labor Code of the Russian Federation contains an indication that if a person gets a job at a branch of a company in one locality, then this locality must be indicated in the employment contract. In this case, transferring a subordinate from one branch to another using a move will not work.