The Labor Code is translated into another. Labor Code transfer to another position. Differences in the procedure for moving an employee from a transfer to another position

Transfer to another job- permanent or temporary change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was specified in the employment contract).

As you can see from the definition, there are also permanent transfers.

Permanent transfers to another job

Permanent translations:

transfer to another job or position with the same employer;
transfer to work in another locality together with the employer;
transfer to another employer.

All permanent transfers to another job are allowed only with the written consent of the employee, usually received in the form of an application. But it is not forbidden to use other methods, for example, a written translation agreement. Proceeding from the fact that the employee's labor function is changing completely, it is advisable to sign a new employment contract with the employee. The transfer order is submitted against signature within three days.

A feature of the transfer together with the employer to another locality is a significant change in the previous terms of the contract, and since the initiator of such changes is always the employer, he must notify the employee in writing two months in advance and, in case of refusal, will dismiss the employee under clause 9, part 1 of Art. 77 of the Labor Code of the Russian Federation with the payment of severance pay in accordance with Art. 178 of the Labor Code of the Russian Federation.

A feature of the transfer of an employee to a permanent job to another employer is that the previous employer must agree to this and terminate the contract at the previous place of work under paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation. If no agreement is reached, then the employee can resign of his own free will and find a job with another employer (but in this case there will be no transfer).

1. Translation by agreement of the parties, concluded in writing for up to one year;

2. Transfer to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained - until this employee leaves for work.

The peculiarity of these two translations is that if, at the end of the transfer period, the employee is not provided with the previous job, and he did not demand it and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent;

3. Translation in case natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, hunger, earthquakes, epidemics or epizootics and in any other exceptional cases that endanger the life or normal living conditions of the entire population or part of it.

If data is available force majeure an employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent these cases or eliminate their consequences.

In this type, there are exceptions: the transfer of an employee without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or 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. At the same time, transfer to a job requiring a lower qualification is allowed only with the written consent of the employee.

With transfers of this category, the employee is paid for the work performed, but not lower than the average earnings for the previous job;

4. Translations for health reasons:

a) If the employee needs, in accordance with a medical certificate, a temporary transfer to another job for up to four months.

An employee who needs to be transferred to another job in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated to the employee for health reasons. If the employee refuses to transfer or the employer does not have a corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report, retaining the place of work (position) (Article 76 of the Labor Code of the Russian Federation). During the period of suspension from work, the employee's wages are not charged, with the exception of cases provided for by federal laws, collective agreements, agreements, labor contracts.

b) If the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer.

An employee who needs to be transferred to another job in accordance with a medical opinion, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons, and if the employee refuses to transfer or the employer does not have an appropriate job, the employment contract terminated in accordance with clause 8 h. 1 of Art. 77 of the Labor Code of the Russian Federation.

c) Transfer of pregnant women.

For pregnant women, in accordance with a medical report and at their request, production rates, service standards are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job.

Until a pregnant woman is provided with other work that excludes the impact of adverse production factors, she is subject to release from work with the preservation of the average earnings for all work days missed as a result, at the expense of the employer.

Transfer to another job. Moving

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 a 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 of another job by the employee 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 started 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 and his family members, the cost of baggage, 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. 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 severance pay in the amount of two weeks' average earnings (part 3 of article 178 of the Labor Code of the Russian Federation).

3. Transfer to work to another employer may be carried out at the request of the employee, stated 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 of the Russian Federation). 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 has the obligation 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 event 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).

5. From the transfer of an employee to another job, one should distinguish his transfer from the same employer to another workplace, to another structural unit located in the same area, assigning work to another mechanism or unit. Such movement in accordance with part 3 of the commented article does not require the consent of the employee, unless this entails a change in the terms of the employment contract determined by the parties (see comments to article 57).

In other words, a change in a workplace or a structural unit can be recognized as a movement only if, when concluding an employment contract, this particular workplace (mechanism, unit) or structural unit was not specified and is not provided for in the employment contract. If a specific workplace (mechanism, unit) or structural unit is specified in the employment contract, then it is a prerequisite for it and, therefore, can be changed only with the written consent of the employee.

Structural divisions should be understood as branches, representative offices, and departments, workshops, sections, etc. (Clause 16 of the Resolution of the Plenum of the RF Armed Forces of March 17, 2004 N 2).

1. Article 72.1 of the Labor Code of the Russian Federation 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.

If the transfer to another permanent or temporary job with the same employer is carried out without the written consent of the employee, but he has started to perform another job, such a transfer can be considered legal. However, the performance of another job by the employee does not relieve the employer of the obligation to obtain written confirmation of such consent to the transfer from the employee.

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 shall be formalized by the order (order) of the employer.

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 severance pay in the amount of 2-week 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 (Article 72.1 of the Labor Code of the Russian Federation).

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, records of dismissal and employment are made in the employee's work book, indicating the order 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).

In some cases stipulated by law, the employer is obliged to offer the employee a transfer to another job. Such an obligation may arise, for example, in the case of a reduction in staff, if the employer has another job for the employee to be laid off (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).

5. From the transfer of an employee to another job, one should distinguish his transfer from the same employer to another workplace, to another structural unit located in the same area, assigning work to another mechanism or unit. Such movement in accordance with part 3 of article 72.1 of the Labor Code of the Russian Federation does not require the consent of the employee, unless this entails a change in the terms of the employment contract determined by the parties (see comments to article 57).

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.

Legal advice under Art. 72.1 of the Labor Code of the Russian Federation

Fedor Prosvirov

the driver working on a passenger car is offered to work on a heavy-duty car in the afternoon (order how to move

Anastasia Pavlova

the driver working on a passenger car is offered to work in the afternoon to work on a heavy-duty car (order as moving

The answer to the question was given by phone

Daria Veselova

Good afternoon. I work as a doctor in a polyclinic city (structural unit one legal entity). due to industrial necessity, they want to transfer to the same position only the locality of the village of another district. located 60 km from the former. Is it possible without my consent?

The answer to the question was given by phone

Alexey Pershukov

Hello. Please tell me if an employee with a Management degree can be transferred to the position of a specialist in the quality department or an engineer in the quality department without technical education? : 11:00 - 13:00

The answer to the question was given by phone

Valery Shutovykh

Whether moving to another place of work will be considered a transfer. Will it be considered a transfer to move to another place of work in the same unit, if at the same time wages change significantly (with piecework pay)?

Lawyer's answer:
If it is simply a transfer to another place of work in the same unit, then this is not a transfer, but a transfer, in accordance with Article 72.1. Labor Code. "... Does not require the consent of the employee, moving 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 a change in the conditions of labor determined by the parties. "At the same time, in your case, the salary changes - an essential condition of work, that is, your consent is already required. Article 72. (as amended by Federal Law of 30.06.2006 N 90-FZ) Changes to the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing. That is, you need to emphasize not on the fact that this is a translation (because this is a movement), but on the fact that this is a change in essential conditions in terms of payment, which requires your consent and registration of such a change in writing.

Oksana Fedotova

transfer or relocation at work

Relocation or transfer - the employer must be guided by Articles 72.1 and 72.2 of the Labor Code of the Russian Federation. If your employment contract does not indicate a specific area as a workplace, then this is a transfer. Drawn up by order. Your consent is not ...

Yulia Sukhanova

What is the difference between transferring and relocating an employee?

Lawyer's answer:

Polina Mikhailova

Moving a pregnant woman to another place of work without consent .. Such a situation. I am sorry to treat with understanding. The term of 8 weeks was threatened with miscarriage, he was admitted to the hospital for preservation, after the hospital, the sick leave was extended for another 4 days. To which the manager said that he was transferring me to another workplace (the district and the position are the same) on the basis that if I suddenly fell ill, my colleagues would not be able to cope. My income is my salary +%. Percentages not in my place of work and on where they want to transfer have a huge difference. My total income is about 35-40 thousand, where 25 will be transferred is the ceiling. In my position (and in any other person), money is not superfluous. Tell me how to keep the average earnings. If possible with articles or excerpts / citations, there is a serious conversation ahead (((
- you do not have a transfer to light labor for medical reasons, so the average salary will not be preserved. moving consent does not require.

Inna Ponomareva

HOW to transfer a free site created on ucoz to a paid domain.ru

in the settings ... Transfer to another domain ... or something like that

Veronica Vasilieva

what walks on \ through the field and does not move? the answer should be easy to translate into another language

The meaning will not remain, no matter how simple the answer is. The king at the recruitment.

Inna Kudryavtseva

Please tell me how to transfer an employee to another position in the personnel program?

documents-other personnel orders-personnel transfer

Boris Bovin

Question about transferring a site from one hosting to another

Egor Dryagin

|> I cannot transfer money to another wallet! |> it displays Protected payments are not allowed or Money movement is specified

You need the following certificate. You have a formal one, you need PERSONAL, it costs 15u.e. look for a solution on the internet

Christina Vasilieva

Can I be transferred without my consent to work from one hospital to another .. I work in a rehabilitation center for drug addicts, can I be transferred to another building for patients in an acute condition without my consent, while the position will be similar.

Lawyer's answer:
- Lawyer's answer:
  Article 72.1. Transfer to another job. Transfer (introduced by Federal Law of June 30, 2006 N 90-FZ) 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), upon continuation 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.

Arthur Kuzmin

Transfer to another job. Can an employee be transferred to another job, in the same enterprise, without the employee's consent and without an order?

Lawyer's answer:
Transfer to another job is possible only with the written consent of the employee. From the transfer of an employee to another job, one should distinguish his movement from the same employer to another workplace, to another structural unit located in the same area, assigning work to another mechanism or unit. Such movement in accordance with Part 3 of Art. 72.1 does not require the consent of the employee, unless this entails a change in the terms of the employment contract specified by the parties. The main thing is that there is no change in the conditions fixed in the employment contract. It is enough for the employer to issue the appropriate order and familiarize the employee with it against signature.

Alexey Ovdokin

Labor law. What is the difference between moving and transferring to another job ...? Explain humanly, otherwise I'm confused ...

Translation is when responsibilities change. And the transfer-duties remain the same, the place of the slave changes (workshop, site).

Margarita Andreeva

Now I work in the department of electronic document management. They want to transfer to those support. Is it legal ?. Good day! Now I work in the department of electronic document management. They want to translate into those support in the employment contract it says "Technician department of automated systems, information management" when will be transferred "Technician department of OTPP, management of information" Is the translation legal or should there be a move? The structural unit, as I understand it, is the "Information Technology Department" the new department "OTPP" the old "electronic document management" department The following is in the consultant ... Moving Moving does not entail a change in the conditions fixed by the parties in the employment contract. The meaning of the transfer is that the employer provides the employee with another job, or transfers to another structural unit (provided that the structural unit is not specified in the employment contract) The question if the department changes, they should notify me 2 weeks in advance and offer another position, or they can simply translate? I doubt it, but it seems to me that if a department is registered in the contract, they cannot transfer me, but only move it with all the ensuing consequences?

Lawyer's answer:
In your case, in my opinion, it should be about transferring to another job. You must be notified of this transfer no later than 2 months in advance. Good luck. Article 72.1. Labor Code of the Russian Federation. Transfer to another job. Relocation 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. Article 74. Changing the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions In the case when for reasons related to changes in organizational or technological working conditions (changes in technology and production technology, structural reorganization of production, other reasons) , the terms of the employment contract determined by the parties cannot be saved, it is allowed to change them at the initiative of the employer, with the exception of a change in the employee's labor function. The employer is obliged to notify the employee in writing not later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided by this Code. If the employee does not agree to work in the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health conditions. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. In the absence of the specified work or refusal of the employee from the proposed work, the employment contract shall be terminated in accordance with paragraph 7 of the first part of Article 77 of this Code. In the event that the reasons specified in part one of this article may lead to mass dismissal of employees, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code for the adoption of local regulations , introduce a part-time (shift) and (or) part-time working regime for up to six months. If the employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation. The cancellation of the part-time mode (shift and (or) part-time working week earlier than the period for which they were established) is made

Anna Morozova

To the department of kazhrov of the university. How to correctly draw up documents for a transfer from a rate of 1.0 to 0.8 at the initiative of the employer n. How to correctly draw up documents for a transfer from a rate of 1.0 to 0.8 at the initiative of the employer for a period of less than 1 year? The employer is a university. The HR department tried twice to draw up a contract, but after consulting with lawyers, I refused to sign it. At the beginning of this academic year, I signed a contract for 1.0 rate for a period of 5 years. A month later, the administration of the university changed the norm of the load on the teacher. from 750 hours to 900 hours per year. The salary was also increased. The actual workload of the teachers remained the same, thus, instead of the 1.0 rate, it became at the level of 0.8 rate. The HR department offered to take shape at 0, 8 rates, as if this was done at my request. At first I agreed, wrote a statement, but then consulted with a lawyer and took the application back. The main objection is that they transfer me to 0.8 rates for all 5 years, which is not profitable for me. How to conclude an agreement so that the term of the transfer at 0.8 rates is until August 2014, and the term of the entire agreement is until August 2017, that is, my transfer to a part-time rate must be for a certain period, less than 1 year.

Lawyer's answer:
Article 72. Changing the terms of the employment contract determined by the parties Changing the terms of the employment contract determined by the parties Transfer to another job. Relocation 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. Article 72.2. Temporary transfer to another job By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for up to one year, and in the case when such transfer is carried out to replace a temporarily absent employee, for whom, in accordance with with the law, the place of work is retained - until this employee leaves for work. If, at the end of the transfer period, the employee is not provided with the previous job, and he did not demand it and continues to work, then the provision of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent. First of all, you must defend your rights yourself, and not create a situation when you yourself help the employer to break the law.

Andrey Karandeev

wife went to work after maternity leave. the wife went to work after maternity leave (up to 3 years), they said you will work in another position (there was a full-time nurse, she became a procedural nurse) although the place was not reduced, is it legal? and what to do? RS did not write any statements. thanks

Lawyer's answer:
You need to contact the State Labor Inspectorate for the location of the employing organization in the Southern Administrative District (SAO). The following norms of the Labor Code of the Russian Federation have been violated: Art. 256. Parental leave ... For the period of parental leave, the employee retains his place of work (position). Art. 72.1. Transfer to another job. Transfer ... 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. and further: Does not require the employee's consent 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 (ISSUED BY ME) changes in certain parties to the terms of the employment contract. You clearly have the fact of CHANGING THE TERMS OF THE EMPLOYMENT CONTRACT
The Labor Code of the Russian Federation does not require the consent of the employee, unless this entails a change in the terms of the employment contract determined by the parties. In other words, a change in a workplace or a structural unit can be recognized as a movement only if, when concluding an employment contract, this particular workplace (mechanism, unit) or structural unit was not specified and is not provided for in the employment contract. If a specific workplace (mechanism, unit) or structural unit is specified in the employment contract, then it is a prerequisite for it and, therefore, can be changed only with the written consent of the employee.

Egor Sidorov

transfer to a new workplace. In theory, a transfer order should be issued. So, the employee IS INFORMED ABOUT THE TRANSLATION IN WRITTEN FORM ?? ? That is, after an application for a transfer from an employee, how should the employer notify the employee in writing?

Lawyer's answer:
the order is mandatory against signature, with the consent of the employee, but not everything is considered a transfer Transfer to another job should be distinguished from the transfer of an employee to another workplace. In accordance with article 72.1 of the Labor Code of the Russian Federation, it is not a transfer to another permanent job and does not require the consent of the employee: · moving him from the same employer to another workplace; · Moving it 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. At the same time, the employer is prohibited from transferring and moving the employee to work that is contraindicated for him for health reasons.

Pavel Limarenkov

part-time vacation who has become the main employee. 09.2012 was hired by a part-time worker (full-time), because at the main place she switched to 0.5 rates, on December 1 she quit the main job and switched to the main job, where she was a part-time job (without the dismissal procedure) how to calculate the vacation I was told, that only from December 1 .. and where did the 3 months of combining work go?

Lawyer's answer:
How is it "without the termination procedure"? Is it a translation? If so, then this is a gross mistake. Article 72.1. Transfer to another job. Relocation 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. You should have been fired, entered into the work book record of hiring from 01.12, which most likely happened (since they tell you about the emergence of the right to leave from 01 December) Therefore, your right to grant leave begins to be calculated exactly from the date of admission ... Three months have not gone anywhere, they remained in another employment contract, issued part-time, upon dismissal, you should have been paid compensation for three months worked.
Including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to amend the terms and conditions of an employment contract determined by the parties shall be concluded in writing. Article 72.1. Transfer to another job. Relocation 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.

Evdokia Stepanova

Tell me please. (question inside). When transferring from the head office to a branch, are the salary and additional payments retained for the same position and performance of the same duties?

Lawyer's answer:
Art. 72.1. Transfer to another job. Transfer § 1. One of the forms of changing the employment contract is transfer to another job. The Labor Code of the Russian Federation, in contrast to the Labor Code of the Russian Federation, legally enshrined in Art. 72.1 the concept of transfer generated by science, and its difference from transfer, which does not require the consent of the employee. The commented article (part 1) under the transfer to another job means a permanent or temporary change in the labor function and (or) the structural unit in which the employee works, if the structural unit where he should work was indicated in the employment contract, while continuing to work at that the same employer, as well as the transfer of the employee to work in another locality together with the employer. It should be remembered that without taking into account the listed categories, it is impossible to distinguish one job from another and, accordingly, decide whether there is a transfer to another job or not. § 2. The labor function includes a position in accordance with the staffing table, a profession, a specialty with an indication of qualifications; type of work entrusted to the employee. A profession is a permanent type of work activity of an employee that requires special skills and relevant knowledge acquired in the process of industrial and technical training. A specialty is a kind of profession that is established as a result of the division of labor (for example, eye doctor, mechanical engineer, etc.). Qualification is the degree and type of professional training, that is, the level of training, experience, knowledge in a given specialty, determined for workers by the categories of work that they perform. The position predetermines the boundaries of the employee's competence, his rights, duties and the degree of responsibility. Consequently, the transfer to another job is a different job compared to that specified in the employment contract, if the structural unit was not indicated in the text of the contract. § 3. The legislator does not define the concept of another locality. This is given in paragraph 16 of the resolution of the Plenum of the Top. Courts of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (RF Air Force. 2004. N 6). Another locality should be understood as an area outside the administrative-territorial boundaries of the corresponding settlement. And further, it explains that if a specific structural unit was indicated in the employee's employment contract as his place of work, then the change of this structural unit is possible only with the written consent of the employee, that is, it will be a transfer, and not a transfer, as if the labor the contract did not specify a specific division. A structural subdivision of an organization should be understood as branches, representative offices, as well as departments, workshops, sections, etc. Promotion and demotion is also a transfer that requires the consent of the employee. § 4. Transfer to another job according to the current labor legislation is allowed only with the written consent of the employee. This is a general rule, from which, however, the legislator establishes exceptions for the cases provided for in parts 2 and 3 of Art. 72.2 TC. If the employee's written consent for the transfer has not been obtained, but he voluntarily started to perform other work, such a transfer can be considered legal. § 5. On the basis of Part 2 of Art. 72.1 of the Labor Code, at the written request of the employee or with his written consent, a transfer to another permanent job to another employer may be carried out. In this case, the employment contract at the previous place of work is terminated under paragraph 5 of Art. 77 of the Labor Code (see the commentary to it) § 6. The legislator gives the concept of transfer, which should be distinguished from transfer to another job. So, part 3 of Art. 72.1 of the Labor Code provides that the consent of the employee is not required for his transfer from the same employer to another workplace, to another structural unit, but located in the same locality, entrusting him with work on another mechanism or unit, if this does not entail changes in certain parties to the terms of the employment contract

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 worker 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 worker 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 worker 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 the fact of refusal with the signatures of several witnesses.

Don't know your rights?

The refusal of a worker to comply with the order to relocate 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 designated procedures differ in terms of 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 worker 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 not 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 positive, then one cannot do without obtaining the consent of the worker and concluding an agreement with him.

So, the court declared 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.