Do I need to move to another job. What it is. ✔ Order and step by step procedure

Very often there are situations when it is necessary to transfer an employee to another place of work. This can be due to many reasons, one of which is related to the work process taking place in the enterprise. The initiator in such a situation can be both the director of the enterprise and the employee on equal terms. According to the Labor Code of the state, it is necessary to distinguish between two concepts that are associated with this process - transition and movement to another workplace.

What is “transfer to another place of work”?

Transfer to another place of work - changes in the duties of an employee, which are related to his work, on a permanent or temporary basis. If an employee of the enterprise is transferred to another place of work, then the director remains the same, only his type of activity is subject to change. Sometimes the transfer can be carried out to another locality.

When is transfer to another job allowed?

The transfer of an employee of an enterprise is carried out in a number of cases:

1. Significant changes in the state.
2. Opening new branches or closing a business in a given locality.
3. Employee career growth.
4. Employee's medical indications.
5. Forced transfer of an employee to another position.

Who carries out the translation?

The transfer of an employee is carried out on the basis of the order of the director of the enterprise. V mandatory the employee who is to be transferred must be notified of this within a certain period of time. If the employee accepted independent decision transfer, then he must inform his immediate superiors about it.

What are the conditions and grounds for the transfer?

In accordance with the current labor legislation, there is also a prohibition associated with the transfer of an employee of the enterprise to another job - this is the employee's refusal to be transferred. Also, the Labor Code stipulates the grounds on which a transfer can be made without his personal consent.

1. An employee of an enterprise may not be transferred to another place of work if the performance of another work may harm his health, and this work is contraindicated by doctors.
2. The new place of work can become his permanent or temporary.
3. Also, each employee of the enterprise has the right to express a desire to transfer from one place of work to another.

Classification of translations

There are two types of transfers from one place of work to another:

1. External transfers. The employee moves to a new place of work for a new employer. To carry out such a transfer, the consent of not only the employee, but also the two directors of the enterprise is required.
2. Internal transfers. This transfer is carried out on a permanent or temporary basis. There is no change in the manual during translation.

According to the external transfer scheme:

1. An employee of an enterprise is obliged to write a transfer application.
2. The direct employer must ask the prospective employer to accept this employee for a permanent job.
3. Receiving a response from the future employer.
4. Transfer of an employee of the enterprise under the leadership of another employer, but only with his consent.

V work book this employee must make a record of the employee's statement and put down a serial number with the date of the letter-call.

What are the types of transfers?

There are two types of transfer from one place of work to another:

1. Permanent translation. This transfer is considered indefinite. Should be carried out without fail only with the consent of the employee. If the employee does not agree, then the transfer is carried out on the basis of the conclusion of the labor commission or the court. If there is no such confirmation, the transfer is considered illegal. Permanent translations are:

• Translation without changing the head. The employee continues to carry out his activities at the same enterprise, only the field of activity and some points change employment contract... Any changes are displayed by entries in the work book.
• Transfer to another locality together with the direct director. With such a transfer, the contract is not subject to changes. Be sure to make specific entries in the work book.
• Transfer to another place of work, which is associated with changes in the structure of the enterprise. The employee continues to work in accordance with the concluded contract. Changes are made in the contract and work book.
• External transfer to another place of work. Dismissal and hiring an employee for another job, with continuous experience. It is imperative to conclude a new employment contract. A specific entry in the work book is also entered.

1. Temporary transfer. This translation is associated with a change in the field of activity for a certain period of time. These transfers are:

• By mutual agreement. Requires written consent. The term of the transfer is not more than one year.
• Based on the consent of the employer only.
• They are made on the basis of the need for them for the director of the enterprise.

If the employee was transferred to replace, then he will work for this place until the employee who was replaced comes out.

An employee of an enterprise can be transferred to another job without his consent only for the following reasons:

1. Natural disasters.
2. Fires, floods, earthquakes.
3. Temporary suspension of production.
4. It is necessary to replace another employee of the enterprise.

Such transfers can last no more than one month.

Also, an employee can be transferred in case of health problems and in case of pregnancy. The consent of the employee is required. In the absence of consent, the translation is considered illegal. With medical indications, the employee is released in such a situation from work for 4 months and his workplace is kept for him. If the term is more than 4 months, the employee has the right to be fired.

How does the transfer work?

As mentioned earlier, the transfer can be either by the decision of the director or by the decision of the employee.

If the employee has expressed a desire to transfer, then this happens according to the following scheme:

1. It is necessary to write a statement indicating the reason for the transfer and the desired position.
2. The application is signed by the employer.
3. A specific entry is made in the employment contract.
4. An order is issued by the director of the enterprise.

If the employer has expressed a desire to transfer the employee, then this happens according to the following scheme:

1. The director of the enterprise must notify the employee in writing about the transfer.
2. The employee must respond in writing with his consent.
3. Changes are being made to the employment contract.
4. The employer must sign the transfer order.
5. The necessary entries are made in the work book, personal card, account, work schedule and other documentation.

What are the terms of translation?

• As for permanent transfers from one job to another, they are considered indefinite.

• Temporary transfers with mutual consent may not exceed a year.
• The transfer for the sake of substitution lasts until the moment when the employee who is being substituted leaves.
• Translation without the consent of the employee cannot last more than one month.

Is it possible to quit by transfer?

Dismissal in case of transfer to another place of work can be carried out only if there is an external transfer. The employee must be dismissed from his current place of work, and then conclude a new contract with him at another place of work. The corresponding entries must be made in the work book. Such a transfer can be based on the wishes of the director of the enterprise or an employee.

The consent of the employee of the enterprise to such a transfer must be made in writing and supported by the signature of the employer. According to the Labor Code in force in currently, the transfer of an employee of an enterprise can be carried out without his consent, but only in certain situations that are spelled out in this legislation.

Transfer to another job is a fairly common personnel procedure. However, this entire process is clearly regulated by the labor law. Knowing the legal requirements for translation will help you avoid litigation with employees. It will also help minimize the risk of fines from regulatory authorities. This article discusses the reasons for the need to change the labor function of employees and the procedure in this case. Attention is also paid to the paperwork when transferring to work to another employer.

Read in our article:

The concept of transfer to another job

The position of the employee specified in his employment contract at its conclusion does not remain unchanged. Operational needs, skill upgrades or personnel changes may necessitate the transfer of an employee.

The difference between transfer to another job from moving

In Art. 72.1 of the Labor Code of the Russian Federation gives the concept of transfer to another job. It can be expressed in the following:

• change in labor function;
• change of structural unit, if it is specifically indicated in the employment contract;
• moving with the employer to another locality.

That is, this procedure does not always mean changing the position, it may remain the same. A distinctive feature of the translation will be the change in the key terms of the employment contract.

It is this fact that has caused the need to obtain the written consent of the employee. Hiring and transferring to another job is possible only by agreement of the parties. Otherwise it will be a violation of the law.

If it becomes necessary to entrust an employee with work on another unit (machine, car, instrument, computer, etc.), but the responsibilities do not change, then this is no longer a translation, but a movement.

The same applies to a change in a structural unit, if it is not specified in an employment contract, a change of workplace or location within the same locality.

Transfer to another job and transfer are distinguished from each other by the influence on the terms of the employment contract.

Let's take a look at the examples:

1. In the labor contract A. It is said that she was accepted by the clerk in the branch number 1 of bank C. The expansion of the geography of services made it necessary to appoint her, as an experienced employee, to the newly opened branch number 10 for the same position of the clerk. This is a translation, since one of the conditions of the employment contract changes. And for its commission, the consent of A.

2. Fitter-adjuster B., at the request of the management, changed shop No. 2 to shop No. 4, located on a nearby street, but remained in the same position specified in his employment contract. This is a movement, since nothing has changed for B. apart from the position in space. No consent is required for such a relocation.

Types of transfers to another job

It is customary to classify changes in labor functions on various grounds. Each of the varieties has its own design features. It is important to take them into account when drafting documents.

Internal and external transfers

Translation can be internal or external. In the first case, the employee remains in the same organization, even if the structural unit or settlement has changed where his workplace is located. The procedure for personnel registration in this case will be general, we will consider it below.

External will be a transfer to another position in another organization. In fact, this is a private type of dismissal.

Proactive and forced transfers

The basis for a proactive change in labor functions will be:

• the desire of the employee himself,
• employer's order
• or a motion from a trade union committee.

The reason for the manifestation of initiative is the opened vacancies, the production necessity or the desire of the manager to contribute to the career growth of his subordinate.

Changes in labor functions are forced if the law insists on them. For example, in the case of medical contraindications. Or, if the result of certification does not give the employee the right to occupy the position that is specified in the employment contract. In this case, both the employee and the employer are subject to the requirements of the law.

Permanent and temporary transfers

The employee's function can be changed permanently. But sometimes a temporary change in function is required due to production needs.

The difference will be not only in the time frame, but also in the order of registration. The maximum period for temporary change of function is one year. After which the employee returns to his previous position.

A number of changes can only be temporary. For example, the so-called "light work" for a pregnant woman. After the end of her maternity leave, she should be returned to her former position.

Scheduled and emergency translations

The decision to transfer is usually made within a certain time frame. The employer and employee weigh all the pros and cons. Moreover, the law requires the employer to give advance notice in the event of, for example, layoffs. But there are situations when a transfer order is issued urgently.

For example, in the event of an emergency of a natural or man-made nature. Or in cases where it is required to urgently save the property of the employer from damage.

Transfer to another job with and without the employee's consent

As a general rule, the consent of the person expressed in writing is strictly required. Without it, it is impossible to constantly change the duties of an employee.

But there are a number of exceptions when the employer does not need employee consent. They are set out in Art. 72.2 of the Labor Code of the Russian Federation. It is about a short-term, up to 1 month change, in cases of prevention or elimination of consequences:

• natural disasters (floods, tsunamis, earthquakes, hurricanes, etc.);
• technogenic accidents;
• accidents;
• fires;
• hunger;
• epidemics or epizootics.

When these circumstances occur that endanger the life, health or safety of a large number of people, the grounds for a temporary change in labor functions without the consent of the employee are:

• simple;
• the need to prevent damage or destruction of material assets;
• replacement of a temporarily absent employee.

Transfers in the same area or outside of it

The locality in which the employer is located is also one of the key conditions of the employment contract. And his change means a transfer for the workers.

Therefore, the employer is obliged to notify employees of such changes in advance. For those of them who agree to the move, a change of place of work is drawn up. Within the same locality, the transfer is associated with a change in position, or with a change in the structural unit where the employee's workplace is located.

Temporary transfer of an employee to another job

Changing the job function of an employee is possible for a short period of time. The law establishes it equal to a year under normal conditions and a month in the event of various emergency circumstances.

Temporary relocation to another position, for obvious reasons, is only possible within one organization. As with a constant change in job responsibilities, the person may change the position or place of work.

Change is impossible even for a while if the new job poses a threat to the health of the employee and is prohibited by a medical certificate.

In this case, the contract is not renegotiated. Instead, a supplementary agreement is drawn up.

This means that a probationary period cannot be set for such a transfer. It is only possible with the initial employment. But such an agreement necessarily includes a condition on the duration of its validity. This can be either a specific date or a specific condition, for example, an absent employee leaves for work.

This type of change, as a general rule, is made by mutual agreement of the parties to the employment relationship. Moreover, the employee must express it in writing. But in extreme circumstances, written consent should be obtained only when a job is offered that requires a lower qualification and with a lower salary.

Such a change, even if it matters for career growth employee, is not reflected in his work book. But in the future, at the request of the employee, he can be given a copy of the transfer order, confirming the fact of working in another position, albeit for a short time. The second order, on the return of the employee to his previous position, is not required.

If the transfer period has expired, and the previous position has not been granted, and the employee himself does not express a desire to take it, he becomes permanent. The agreement on its temporary nature is considered to be null and void.

This gives rise to the obligation of the employer to supplement the work book with an appropriate entry. The date of the transfer is the one with which it was actually carried out.

Transfer to another job for medical reasons

One of the most frequent cases of mandatory changes in the labor function is the state of human health. Upon presentation by the employee of a medical certificate, the employer immediately has an obligation. It is necessary to immediately prevent the employee from doing work that is contraindicated for him for health reasons.

The change in the labor function according to medical indications can be not only temporary, but also permanent. But in any case, this requires the consent of the employee. The presentation of a medical document is not such. It is an employee's right, not an obligation, to agree to a transfer.

But first, the employer must decide what to do with that employee. It all depends on how long the health restrictions have arisen and whether the organization has suitable vacancies.

If there are any, the employer can offer them immediately. It is advisable to do this in writing. The employee can express his consent or refuse the offer.

In case of refusal, as well as if suitable job not at the moment, the employer has two options:

• ... But this is possible only if the change in the nature of the work is required for no more than 4 months. For the entire period of suspension, the employee does not appear at the workplace, but wage he is not credited, although the position remains with him. The length of service, which gives the right to leave, does not include the suspension time.
• Terminate employment with such an employee. Article 77 of the Labor Code of the Russian Federation provides for a similar basis for terminating the contract. Upon dismissal, it is paid severance pay... Its size, according to Art. 178 of the Labor Code of the Russian Federation is equal to the average salary for 2 weeks.

A change in position in this case also causes a change in salary. And, as a rule, in the smaller direction.

An exception is provided for a pregnant woman or mothers whose child has not reached 1.5 years. With a decrease in production rates for her or work at a lower position, she retains the average earnings for the previous position (Article 254 of the Labor Code of the Russian Federation).

Transfer to another job in another organization

Dismissal by way of transfer to another job is possible either at the request of the employee himself, or with his consent. The main differences from moving within the organization will be:

• extremely constant nature of the job change;
• termination of an employment contract.

According to the employee, his new employer draws up an official request on a letterhead for the manager at his former place of work. It can be sent by mail, but most often the employee appends it to his application for transfer to another position in another organization.

With the consent of the head, he signs a statement. On the basis of the resolution, an order is drawn up in the form of T-8. The date of dismissal in it and in the employee's application must coincide. After signing the order and familiarizing the employee with it, entries are made in the work book and personal card, a calculation and the necessary documents are issued.

In fact, this is no different from being fired of your own free will. Except for three small nuances:

• the basis for dismissal in the work book will be indicated in paragraph 5 of Art. 77 of the Labor Code of the Russian Federation, which can have a beneficial effect on further employment.
• an employee accepted in the transfer procedure cannot be assigned a probationary period;
• when reinstating (for example, through a court) a person who previously held this position, an employee invited in writing cannot be dismissed on the grounds of Art. 83 of the Labor Code of the Russian Federation.

The employer has the right to refuse a transfer if he is not satisfied with the method of dismissal or its date. This is reflected in the resolution on the statement. In this case, the employee has the opportunity to resign of his own free will or.

Transfer to another job in one organization

Transfer to another job in one organization usually implies a change of position. It will not be considered a translation if the position simply changes its name (for example, manager - manager).

The division specified in the employment contract may change. Sometimes simultaneous, and place of work is possible.

A less common case of internal transfer is the change of the employer's legal address. But not any, but only if it occurs in another locality, in other words, in another locality.

At the same time, the position and division do not change, but since one of the main conditions of the employment contract is affected, this is considered a translation of Art. 72.1 of the Labor Code of the Russian Federation).

The initiator in this case can be the employee himself. For example, if a position with a higher salary or a more convenient work schedule becomes vacant. For example, if a position with a higher salary or a more convenient work schedule becomes vacant.

In this case, a statement is written to the name of the head of the organization. It should reflect the name of the desired position and the reasons why the choice should be made on the applicant.

An offer to transfer can also come from the employer. As a rule, this is a higher position. But there are also the opposite situations. For example, if, based on the results of the certification, the employee did not show a very good result. Or in cases where the reason for the change is a medical opinion.

Any change in work functions within the organization requires a written consent from the employee. Except for temporary transfers, which are performed in emergency situations.

The employee's refusal will not be a violation of discipline, it is a right that he has exercised. Therefore, the employer, under normal circumstances, has no reason to impose disciplinary action. Although, under certain conditions, refusing to transfer washes may ultimately lead to dismissal

Under normal conditions, the termination of an employment contract, that is, dismissal, does not occur when transferring to another job. Labor relations continue, albeit on new terms. The registration process consists of several stages strictly regulated by law. Let's consider each of them in more detail.

The procedure for transferring an employee to another job

We offer step by step instructions how to transfer an employee to another job. With its implementation and careful execution of the documents required at each stage, neither the employee nor the inspection authorities will have any complaints about the legality of the procedure.

Step 1. Show initiative.

It can come from both the employer and the employee himself. Documentation of this stage is not necessary, the parties can express their wishes orally. But, as a rule, a written proposal follows from the employer, and the employee's consent to transfer to another job comes in the form of an application.

Step 2. Familiarization of the employee with the new job descriptions and other local acts concerning his new job.

About your reading normative documents the employee signs in a special journal or familiarization sheets of each document.

Step 3. Signing an additional agreement.

Since we are talking about changes taking place at the same employer, then in the employment contract for the transfer to another job. The contract is not terminated, which would mean dismissal.

Step 4. Issue of the order.

It is the order that will be the basis for making changes to all other documents, including accounting. It clearly indicates the reason for the change in labor functions and its term.

Step 5. Familiarization of the employee with the order.

The fact of reading the order is recorded by the employee's personal signature. A copy can be handed over to him. If the employee refuses to read and sign the order, then an act is drawn up about this. He, along with a copy of the order, is kept in the personal file.

Step 6. Making the appropriate entries in the Personal card (form T-2) and work book.

These records are carried out by the officer in charge of maintaining books and cards on the basis of the order. At this point, the translation can be considered complete.

Registration of transfer to another job

In this procedure, a number of documents are drawn up. Since we are talking about changes in the main document governing the relationship between the employer and the employee - the labor contract, it is worth approaching the preparation of all documents with special care.

Otherwise, the employee himself or the inspecting authority will have doubts about the legality of this procedure.

The main documents to be drawn up by the personnel service will be:

• assumption of transfer, if the initiative comes from the employer;
• job descriptions for the familiarization of the employee;
• order to transfer to another position (this is the main document);
• employee's personal card;
• work book if the change is permanent.

Translation proposal and consent to it

A formal written proposal from an employer usually includes a description. Job description may also be attached. The notification gets an outgoing number and is logged.

The employee must express his consent by all means in writing. This can be a mark "Agree", certified by the signature and date on the proposal itself. Or an application for transfer to another position, a sample of which can be obtained from the personnel department. The application is registered in a special journal, and then stored in the employee's personal file.

Additional agreement for transfer to another job and order

The supplementary agreement is an integral part of the employment contract. Transfer to another position of an employment contract or an additional agreement concluded earlier does not terminate this means dismissal and has completely different grounds and legal consequences. The newly concluded agreement indicates the new position and the term that the employee will have to occupy it.

Additionally, the agreement is the basis for the issuance of an order for the transfer to another position, sample 2017. Among the unified forms personnel documents, it is presented as a T-5 form.

The use of templates of personnel documents approved by the State Statistics Committee for organizations is no longer mandatory. However, this will allow keeping personnel records in full compliance with the requirements of the law.

Records in the work book and personal card

Completes this procedure by making entries about him in the work book and personal card. As a basis, both documents indicate the number of the transfer order. An entry in the work book is made after the appointment for a job. It includes the date, indication of the position to which the employee was transferred or the name of the structural unit. The record is certified by the seal of the organization. There is no need to introduce an employee to her against signature.

Refusal of an employee to transfer to another job

The requirement of the law on the obligation to obtain written consent from the person for translation has a number of consequences. In particular, if the employee does not agree to change his labor function, department or locality, and the employer is unable to continue labor relations with him on the same terms, then most likely they will have to leave.

The grounds for dismissal in such a situation may be:

• mutual consent (clause 1 of article 77 of the Labor Code of the Russian Federation);
• own wish employee (clause 3 of article 77 of the Labor Code of the Russian Federation);
• refusal to change the terms of the agreement (clause 7 of article 77 of the Labor Code of the Russian Federation and article 74 of the Labor Code of the Russian Federation);
• refusal to transfer according to medical indications (clause 8 of article 77 of the Labor Code of the Russian Federation);
• refusal to move together with the organization (clause 9 of article 77 of the Labor Code of the Russian Federation and article 72.1 of the Labor Code of the Russian Federation);
• staff reduction (clause 2 of article 81 of the Labor Code).

Transferring an employee is an absolutely normal practice accepted throughout the world. It consists in changing the initial conditions of the employment contract on the position of the employee or his place of work. The reason and type of translation largely determines how.

Failure to comply with the procedure established by labor legislation or negligence in the execution of documents may become the reason for the recognition of the transfer or dismissal if it is rejected as illegal. The dismissed employee will be reinstated, and the employer will pay his legal costs, forced truancy and compensation for non-pecuniary damage.

An exceptional case when the employer does not have to ask the employee's consent will be extraordinary circumstances. But such a change can only be short-term, no more than a month.

All changes, regardless of the reasons and timing, are made out by order. It is published on the basis of an additional agreement concluded with employees. In this case, the employment contract is not terminated.

An exception is the transfer of an employee to another employer. Information about the constant change in labor functions must be entered in the personal card and work book.

The concept of transfer and relocation is often confused not only by workers, but also by employers. However, these are different terms, and they have their own characteristics, which are strictly regulated by the Labor Code.

What is translation

The concept of transfer to another job is contained in the first part of article 72.1 of the Labor Code of the Russian Federation. It means a change in the employee's labor functions. In this case, the employee can change the department, division, branch in which he works, or even the employer.

What are the translations

Additionally

There are also two types of transfers, depending on the employer: internal (when the transfer is carried out by the current employer within the company) and external (when the employee goes to work for another employer).

First of all, transfers differ depending on the validity period for permanent and temporary.

A permanent transfer is a change of work activity in an indefinite manner. At the same time, the place of the employee in the previous position is not retained for him.

Permanent translation can be expressed:

• moving with the employer to another locality for work;
• in the performance of duties in another position with the same employer;
• in the transfer to work with another employer, subject to the consent of the previous employer.

Such a transfer can only be made if the employee expresses his written consent and, as a rule, is accompanied by the conclusion of a new employment contract.

If we are talking about moving to another area, then the employer must notify the employee at least 2 months in advance of the upcoming transfer. In case of disagreement of the employee, he is dismissed in accordance with clause 9 of article 77 of the Labor Code.

Temporary transfer to another job is usually limited to a period of 1 year. It can occur:

• by agreement between the employer and the employee;
• for the period of absence of an employee in another position;
• due to force majeure: epidemics, fires, natural disasters, etc.

The types of transfers to another job are also distinguished depending on the initiator: transfer to another job at the initiative of an employee or employer. Although a transfer initiated by the employer is more correct to call it a transfer by agreement of the parties, since in almost every case the employee's consent is also required.

Types of temporary transfers

Additionally

In some cases, it is not possible to make a temporary reshuffle within the company. Therefore, when there is a need for an employee to perform duties at another facility of the company, the employer draws up an order for a temporary transfer instead of an order.

First of all, temporary transfers are divided into internal and external. The first is the movement of an employee to another department, branch, etc. within the same organization.

Internal transfers of an employee to another position, in turn, can be:

• within one locality, for example, the appointment of an employee to another position in the company;
• with moving to another locality together with the tenant.

External transfer involves the transfer of an employee for a while to another employer. In practice, it is extremely rare.

Depending on the initiator, transfers are divided into occurring:

• at the initiative of the employer;
• at the request of the employee (read about the transfer to another position at the initiative of the employee).

Whoever initiated the transfer will have to obtain the consent of the other party to carry out this procedure. The only exceptions are translations related to an emergency, which will be discussed below.

Transfer to another area

Refusal to move

If the employee refuses to move, the organization is obliged to offer him another job that corresponds to his qualifications and is not contraindicated for health reasons. If there is no such position, the employer must offer a lower-paid or lower-level position. In case of refusal from this vacancy, the employee can be dismissed in accordance with paragraph 7 of Art. 77 of the Labor Code of the Russian Federation. At the same time, he can expect to receive a severance pay in the amount of 2 weeks' salary.

A transfer within one locality does not provide for significant changes in the life of an employee and his family, but if in the interests of the organization it is necessary to transfer an employee to another position within the organization to a branch of the organization located in another locality, the employer is obliged to compensate the employee's losses. According to the Decree of the Government of the Russian Federation No. 187 "On the amount of reimbursement of expenses when moving to work in another locality," the employer must pay the employee the following compensation in case of moving:

1. Payment for the relocation of an employee and his family members to another locality, which includes compensation for transportation costs, as well as payment for the transportation of all the employee's belongings.
2. Payment of compensation for the time that the employee and his family will spend on the road.
3. Payment for the days on which the employee will move and get a job in a new place, like normal working days.
4. Providing a paid working day for an employee to collect things for the move.
5. Payment of a one-time relocation allowance to an employee and his family members in the amount of a monthly salary (for an employee) and a quarter of a monthly salary (for each of the employee's family members who move).

In addition, for settling in a new place, an employee may be granted a paid leave for no more than six days.

For the types of internal translation and the features of each of them, see the following video

Transfer to another job on the initiative of the employer is possible only with the agreement of the parties, so that the employee has the right to refuse the transfer if he is unable to change his place of residence. However, the consequence of a refusal to transfer an employee may be legally dismissed.

If the employer violated the procedure for terminating labor relations established by law or the grounds for transfer or dismissal contradicted the list listed in the Labor Code of the Russian Federation, then he is expected.

Transfer to a lower paid position

Transfer to another position with a decrease in salary is possible only with the consent of the employee, therefore the employee has the right to refuse the offer for such a transfer, retaining the right to continue current work activities and the current salary.

Transfer to a lower-paid position at the initiative of the employer is necessarily associated with new labor duties which entail less responsibility, so some employees agree to such a transfer if it is difficult for them to cope with their current job responsibilities.

In addition, due to material reasons, some positions in the organization may be reduced and if this happens, the employer has the right to offer the laid-off employees to move to a position with a lower salary, which is vacant in the organization and is suitable for the employee in terms of qualifications. If the employee does not agree to such a transfer, he will be forced to agree to and look for another job.

If the employee gives his consent to the transfer, a new employment contract with working conditions will be drawn up.

An employee can also initiate a transfer to a position with a lower salary if he receives the consent of the employer. Thus, the translation will be made by agreement of the parties.

There are rare exceptions that allow the employer to transfer an employee to a position with a lower salary without obtaining his consent:

1. Natural and technical disasters that threaten the life and health of people if they happened in the area where work duties are performed (transfer is possible for no more than a month).
2. Suspension of the organization's work due to technical, legal or economic difficulties.

Transfer from temporary to permanent position

In order to transfer from a temporary job to a permanent one, you need to follow a few simple steps.

1. The employee draws up a corresponding statement. It is written in free form and contains a request to transfer an employee to a permanent job. The position and date of transfer must be indicated. At the end, you need to sign and date it. You need to write an application before the expiration of a fixed-term employment contract for a temporary position.
2. The employer draws up a transfer order (form T-5). It states:
   1. personal data of the employee;
   2. type of translation;
   3. reason: transfer from a temporary to a permanent job;
   4. previously held and new position of the employee;
   5. the number of the temporary employment contract and the last day of its validity.
      The employee must familiarize himself with the order and put his signature on it.
3. The employer and the employee sign a new employment contract. Like any similar document, it specifies, among other things, the rights and obligations of the parties, the name of the position, the procedure for remuneration (learn about the mandatory and additional conditions of the employment contract from the article). Both parties must sign the contract, and the employer must also put the company stamp on it.
4. On the basis of the signed documents, personnel workers draw up job description, make appropriate entries and notes in the employee's personal card and work book. The employer issues an order to amend the organization's staffing table.

The question of how to correctly arrange the transfer of an employee can be found in the video

If the parties did not manage to go through all these stages before the end of the contract, then transfer to a permanent place of work from a temporary one is possible in another scenario. After the termination of the temporary contract, the employee is again registered for work with the preparation of a new contract, filling in a new personal card and collecting documents for a personal file.

The latter option is disadvantageous for the employee, since his seniority in this case is interrupted.

Part-time translation

Transfer to part-time at the initiative of the employer is possible only with the consent of the employee, or with a reduction in job vacancies in the organization. It is also possible to transfer at the initiative of the employee with the consent of the employer.

Reasons for transfers

Based on practice labor relations the following are the most common reasons for transfers:

• Medical indications. Confirmation in this case should be medical certificate or a conclusion, where it is indicated the need to perform lighter work.
• Reorganization in the employer's company. It can be a reduction in the number or staff of employees, technological features production process or moving the organization to another city.
• Unsatisfactory result of employee certification.
• Reinstatement of the previous employee at work. We are talking about the restoration of an illegally dismissed employee. Such a decision can be made by the commission on labor disputes or court.
• Termination of the right to access state secrets. For those employees whose work is related to its use.

See the video for the differences between transferring and relocating an employee within an organization.

Terms of transfer

As noted earlier, almost every transfer is based on employee consent. Translation without consent is possible only for a period of up to 1 month in case of exceptional circumstances that threaten the life or normal life support of the population (fire, earthquakes, industrial accident). An employee can be transferred to prevent such situations or eliminate their consequences.

If the reason for the transfer is a medical opinion, then the employer must provide the employee with other work that he can perform without harm to health. If we are talking about a temporary type of transfer to another job on medical indications, then the employer has the right to suspend the employee from work in the absence of appropriate workplaces in the organization or the employee refuses from the proposed position. In this case, the position for the employee is retained for the time specified in the medical document, and the salary is not paid.

When medical restrictions apply for a period of more than 4 months or are of a permanent nature, then the employee's refusal to transfer or the absence of a suitable position for him will lead to dismissal under paragraph 8 of Article 77 of the Labor Code.

An important condition for a temporary transfer is its term. The maximum is 1 year. An exception is the transfer to the place of another employee, for whom, according to the law, the position is retained for the period of absence. For example, an employee is on maternity leave, then another employee can be transferred to his place for the entire period of maternity leave, even if it will last more than 1 year.

In any case, it is impossible to transfer a person to work that is contraindicated for him for health reasons.

Its useful to note: if an employee, for any reason, wants to move to work in another organization, then it is better for him to do this by transfer (with the consent of the current employer). Such a transfer has a number of advantages: it is guaranteed employment under an employment contract, and the absence probationary period, and reimbursement of transportation costs in case of relocation. Read more about dismissal through transfer to another employer.

Documents for processing a translation

In view of the fact that the transfer entails a change in the employee's labor function, the employer needs to draw up a certain list of documents:

• Notification of the employee about the upcoming transfer, if the employer is the initiator. The document is a simple letter from the employer, where you must first indicate the responsibilities for the new position and the reasons for the transfer;
• Temporary transfer order, drawn up according to the T-5 form. The employer is responsible for acquainting the employee with the order against signature;
• Temporary employment contract for a new position. Considering that the maximum period for temporary transfer to another job is in most cases 1 year, the contract is limited to the same period;
• Employee's personal card. It contains information about the temporary transfer.

What is relocation

The concept of relocation is also contained in Article 72.1 of the Labor Code. It is an assignment to an employee of other work, but without changing his job functions. That is, when moving, no essential conditions specified in the employment contract (place of work, qualifications, basic work responsibilities, etc.) change.

This video will tell you about the peculiarities of moving an employee of an organization

The difference between transfer to another job from moving

So, to summarize, let's note the main differences between translation and movement:

1. Essential terms of the contract. In the case of translation, they change, but in the case of movement, they do not. Therefore, the transfer may require the employee to have additional skills, qualifications or education, which is not needed when moving.
2. Labor function. It also changes with translation and remains the same if moved.
3. Place of work. Relocation of an employee cannot be carried out outside the settlement, while transfer to another locality is possible.
4. The consent of the employee himself. When transferring, it is mandatory, with rare exceptions, and transfer does not depend on the will of the employee.

Find out more on this topic by asking questions in the comments to the article.

At the same time, working conditions change significantly, which are not mentioned in the employment contract. Is it legal to transfer to another job, what should be taken into account?

General information

Transfer of an employee to another job can be temporary and permanent. Purpose of translation:

It is allowed to transfer to another job only after the written consent of the employee. But if there was no such consent, and the employee proceeded to new job then the transfer is legal.

The procedure must be formalized by the order of the head and an entry in the work book. The Labor Code of the Russian Federation provides temporary transfer for another job.

Unlike permanent temporary transfer, it does not require a written agreement from the employee. Conditions for such a transfer:

• the basis should only be an exceptional case when there is a threat to life;
• the duration cannot be more than a month;
• without consent, you can only transfer to work for the same employer;
• work activity must correspond to qualifications;
• if the work may harm the health of the employee, then transfer to such a position is not allowed;
• labor should be paid in accordance with the work performed. There can be no lower wages.

If the above conditions are met, then such a transfer is considered legal, the employee has no right to refuse the employer.

During the transition to another job, the employee does not leave his employer, but only changes the type of activity. In what cases is it allowed to carry out the procedure:

• to decrease or increase the number of workers;
• when opening new branches of the organization;
• for the career growth of an employee;
• in case of forced removal of an employee from his position.

The employer is responsible for the translation. You must inform the employee about your decision in advance.

What it is

Transfer to another job is a change in the labor functions of an employee for a certain time or on an ongoing basis.

The employee is provided with such work that is not provided. At the same time, the conditions of its activity change.

Regardless of whether the workplace changes or remains the same, a distinction is made between transfer to another locality and to another job, but this time together with the enterprise.

There are internal and external. The first type is a change in the field of activity of an employee for a time or a permanent basis. The employer does not change. External transfer - transfer to a new leader.

Such a transfer requires the consent of the employee. How to arrange an external transfer to another job? The scheme is simple:

1. An employee writes a statement.
2. The employer turns to the future manager with a request to accept the employee.
3. Waiting for an answer.
4. If approved, transfer to a new employer.

Also, the translation is temporary and permanent (has no time limit). Permanent types:

• when the employer does not change;
• transfer to another job together with the head. It may be another organization, locality. This does not change the employment contract;
• external translation.

With a temporary transfer, the work activity is changed for a certain period. It happens by mutual agreement of the employer and the employee, without the consent of the employee, if necessary for the manager.

Advantages and disadvantages of the procedure

The process of transferring an employee to another position has both disadvantages and advantages. Minuses:

• the new employer can set a salary that will be lower than the previous one;
• long-term adaptation to a new workplace is possible;
• conflicts with colleagues are not excluded.

Pros:

• guaranteed employment;
• no probationary period.

In order for the guarantees to be valid, the employee must contact the new employer within a month from the day from the previous place of work.

Before agreeing to a translation, you need to think carefully about everything, weigh all the advantages and disadvantages.

Current regulatory framework

Devoted to transfer to another work. The Law highlights the concept of transfer, the basic conditions for the procedure and its order.

Its shape is arbitrary. In the application, indicate the reasons for the transfer, the new position. Then sign and submit to the head.

If the transfer is of a temporary nature, then the employer and the employee draw up an employment contract (with some of its clauses changing).

If the transfer is permanent, then it is better to terminate the contract, and arrange another at the new workplace. The employer must issue an order, form - T-5.

The column "Reason for transfer" indicates - "At the initiative of the employee." The employee has the right to demand a photocopy of the order.

If for a lower-paid job

If the transfer involves a lower-paid position, then this is possible in some cases:

• as a result;
• dismissal due to lack of qualifications;
• staff reduction;
• mutual consent of the parties.

In these cases, the translation is legal grounds... There are also illegal ones, which you need to know so that the rights of the employee are not violated.

The manager can demote due to employee misconduct. It is illegal, the leader must simply reprimand or deprive.

If the translation is legal, then its procedure is as follows:

An employee can sue the manager in court, so all the grounds for transferring to a lower-paid position must be justified.

For the first 2 weeks, the employee receives the same salary as in the previous job (with a mutual agreement to transfer). If the reasons did not depend on the employee, then the previous salary is paid for 2 months.

According to the medical report

This procedure is considered as a translation initiated by third parties - entities that do not belong to the organization.

With the written consent of the employee, the employer is obliged to transfer him to work, the conditions of which will not harm his health.

If the employee refuses to transfer, or the employer does not have a position, then he has the right to suspend the employee from work for the period specified in the doctors' opinion. At the same time, the position remains with him, the salary is not paid.

To a permanent place of work from a temporary

With this type of transfer, there is no need to write an order of dismissal, and then of acceptance for a new job.

It is enough to follow a series of steps:

Formation of an application (sample)

An application from an employee is filled out in a standard form. At the top right, indicate the name of the organization, the data of the head and from whom the application is addressed.

In the text, you must write about your desire to transfer to another job with an indication of the position. You can also indicate the reason for the transfer.

At the end, sign the statement, put the date and send it to the HR department. Based on this, a transfer decree is issued.

An order is an important document confirming the transfer of an employee from one job or position to another. Its form is standard, approved by law -.

The document is filled in by an employee personnel service after the written consent of the employee. If the transfer is temporary, then you must indicate the end date of the new job.

It is also important to indicate the data of the employee, the reason for his transfer, all the details. At the end, be sure to certify the order - by the head of the organization and by the employee himself.

Is it possible for an employee to refuse

There are times when an employee refuses to transfer to another position, threatens. What to do in this case? The employer must offer him another job in writing.

It must correspond to the qualifications of the employee and his health, not harm. If this work is absent, then the manager can offer a lower-paid position.

If the employee does not agree with this, then according to the employer has every reason to terminate the employment contract with him.

If the transfer of an employee to another locality is meant, and he refuses, then on the basis of Article 77 he can be dismissed.

But! If the employer himself does not move to this area, then the employee's refusal cannot be the reason for terminating the contract with him.

After the termination of the employment contract, the manager is obliged to pay severance pay, the amount of which is the employee's two-week salary.

The following entry is made in the work book - he was dismissed due to refusal to transfer to another job.

Thus, transfer from one job to another is possible only with the written consent of the employee. Without consent, the transfer will be considered illegal.

However, there are grounds for transfer for which the employee's consent is not required, they are spelled out in Article 72 Labor Code Russian Federation.

If the employee approves his transfer, then he must write an agreement to the manager, if this is his personal initiative, then a statement with a request to transfer to another position.

Companies are faced with a situation when they need an employee who performs several official duties, transfer to a permanent position. Contents What you need to know How to correctly transfer a part-time job to the main place of work Therefore, the question arises whether it is possible to arrange a part-time job transfer ...

In the course of the company's operation, its management may take actions to transfer employees on a permanent or temporary basis. Changes may affect the place of employment, position, work schedule, salary, benefits. Staff can be reassigned to areas where the greatest ...

The article will reveal the basic information regarding the transfer of an employee to another job. Is it possible to carry out the process without his consent, what is needed for this and what are the legal grounds for the transfer - more on that later. There are times when an employer needs to transfer an employee to another position or to another ...

According to labor law, the employer has the right to change the labor functions of his employees. But this procedure depends on a huge number of different factors. In addition, the concept and types of transfers to another job are also varied. Translation can be temporary or permanent, external or internal, etc.

Transfer to another job: concept

The need to transfer an employee from one place of work to another arises quite often. Most often this is due to changes in staffing table... In other words, a transfer to another job is a change by an employee of his labor functions, which entails a change in the place and working conditions. In this case, the employee remains to work for the same employer.

The transfer of an employee to another job implies that not only his position and responsibilities will change, but also the structural unit. A person can easily be transferred to work in another department or branch. In addition, it is possible to transfer to work in another locality. In this case, the transfer is carried out together with the employer.

What is relocation

Another opportunity to transfer an employee to another job is to move. It differs from translation in that when an employee is moved, the terms of the employment contract do not change. That is, during the transfer, the employee receives a new job in the organization, but cannot be transferred to work in another locality. At the same time, no changes are made to the employment contract, since the essential working conditions do not change.

It is important to understand that each employee is obliged to make the decision of the employer to relocate and obey him. Naturally, if all the grounds for this are absolutely legal. Russian legislation allows managers to independently make personnel changes if necessary to improve productivity.

If the employee refuses to move, then he will be forced to incur a certain penalty.

The most commonly used are various disciplinary action... But employers themselves commit certain violations. For example, relocation actually meant a transfer, so the employee's working conditions change and often not for the better.

It is almost impossible to foresee the actions of an unscrupulous employer, therefore labor legislation is on the side of the workers. If violations were found on the part of the manager during the movement, then the injured party may suspend his work activity, notifying the employer about this in writing.

If no action was taken on his part, then the employee has the right to go to court and, with its help, recover the difference in salary and compensation for moral damage. In addition, in case of illegal movement, all labor rights employees are retained, including the ability to return to their old position.

Types of transfers

The legislator has determined that the transfer of an employee to an enterprise can be temporary or permanent. Temporary transfer is allowed in cases stipulated by law. First of all, these are various incidents of a man-made or natural nature, in case of force majeure, etc. That is, when exactly the situation requires the presence of an employee at another place of work.

The term of a temporary transfer cannot exceed one year. This is the maximum period. Temporary transfers are often used for health reasons. For example, an employee may need to be transferred to another position or to another department at the insistence of doctors.

The duration of such a transfer does not exceed 4 months. If the employer does not have a suitable job for him, then he is obliged to remove the employee from performing labor functions and keep his place of work. Dismissal in this case is illegal.

Temporary transfer to another job for a period of more than 4 months for health reasons also implies that the employer is obliged to provide such work. If the employer does not have such an opportunity, then the only way out is to fire the employee. Temporary transfer to another job during a woman's pregnancy is also quite popular. The employer is obliged to transfer pregnant employees to an easier and safe work with the preservation of wages.

The second type of translation is permanent. And, as mentioned above, this can be a change of job function within one organization, work in a different locality, etc. And not in all these cases, the employee has the right to refuse without any consequences. For example, a transfer between structural departments of one enterprise implies the refusal of an employee. In other cases, in case of refusal, he may be dismissed. And such a dismissal will be absolutely legal.

How is the transfer to another job and the transfer made out?

The transfer usually requires the consent of the employee. And first of all, the employer informs him of the need to move to another department. If the parties nevertheless agree and the proposal is accepted, then the employer has the right to wait for a corresponding statement from the employee.

It is this document that can be regarded as the employee's consent to the translation. Transfer to another job without consent is possible to eliminate various disasters, accidents, etc. But even with this transfer, the worker's state of health, his qualifications, etc., must be taken into account.

The fact is that many make one mistake - they sign a transfer order and consider this as the basis for agreeing to change the labor function. In fact, without a statement, the employee has the right to express his extreme disagreement. And even if, when signing the order, the employee leaves a record that he agrees with the employer's decision, this will be just a formality.

It is better to write a statement, especially if the translation is carried out on the initiative of an employee. He is endorsed by the relevant officials and the leader, who then issues an order based on it.

Often, a transfer to another position requires changes to the employment contract. This can be done in one way - to draw up an agreement on the basis of which these changes will be made. Some employers prefer to terminate the old contract and enter into a new one. But this is wrong, since termination of the contract implies the end of the labor relationship between the parties.

After the agreement is drawn up and the procedure for making changes is completed, the employer must issue an order. The legislator has established a single form for this document. The employee has the right to receive a copy of the order in his hands. The last step in the transfer of an employee is to make the appropriate entries in his accounting documents.

The order must contain all the necessary and important information. The position of the employee, his duties, payment, etc. must be indicated. Each type of translation has its own nuances. For example, if an employee is transferred from one department to another, then the heads of these departments also participate in this procedure.

If the transfer of an employee is required, then this can be done without his consent. In this case, the specialty, position and qualifications of the employee must be taken into account. Next, the employer notifies the employee and issues an order to move (transfer).

Terms of transfer and transfer

Employers are required to adhere to labor laws. Therefore, they may not require any consent from their employees in order to make the move. But this is possible if certain conditions are taken into account. For example, the movement is carried out without significant changes in the working conditions for the employee.

While during the transfer, the employer does not have the right to force the employee to move to another department and take on additional responsibilities... This is contrary to the law. Therefore, employees can be transferred without consent only in the event of an emergency. These conditions are specified in regulations... In addition, the transfer is possible at the initiative of employees.

Most often, the reason for this transfer is health or pregnancy.

Another reason for the transfer may be downsizing. In this situation, the manager is obliged to offer the employee another position suitable for him. The transfer is carried out with the consent of the employee. It must be drawn up in writing. Otherwise, it is an illegal translation. If the employee refuses another job, the employment contract with him is terminated.

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Moving around work

Moving to another unit at a distance of 15 km from the previous place of work without the consent of the employee?

Vladimir 11.01.2019 14:34

Good day!
Under the movement of the employee, not requiring his consent in accordance with Art. 71.1 of the Labor Code of the Russian Federation is understood:
1. 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 or where he must arrive in connection with the performed labor function and which is controlled by the employer directly or indirectly.
2. Transfer of the staff unit where the employee works to another structural unit. Such a subdivision means both separate subdivisions (branches, representative offices) and others that make up organizational structure the enterprise as a whole either 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).
3. The assignment to work on another unit (mechanism).
All these actions will be recognized as the movement of the employee only if none of the conditions of the labor contract changes as a result of their implementation.

Saibotalov Vadim Vladimirovich 14.01.2019 14:41

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If the terms of the contract change, then this will no longer be a transfer, but a transfer, and the consent of the employee is required.

Fedorova Lyubov Petrovna 15.01.2019 10:26

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Will the transfer (within the enterprise) be correct, without dismissal?

The employee works 0.5 rate as an engineer (part-time internal) and 1.0 rate as an appraiser (main place of work). I did not pass the CE. The exam was repeated in a year. I want to transfer an employee in connection with the result of the FE, on the contrary - 1 rate for an engineer and 0.5 for an appraiser. Continuous seniority is important for both positions. Will the transfer (within the enterprise) be correct, that is, without dismissal?

Svetlana 11/15/2018 12:44 PM

Dubrovina Svetlana Borisovna 15.11.2018 15:10

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Svetlana 11/16/2018 10:22

Good afternoon. Is there an obligation on the employer to pay comp. per unused vacation when transferring within the enterprise for both jobs, subject to the preservation of total income (castling due okl)? Thanks.

Dubrovina Svetlana Borisovna 16.11.2018 10:25

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I agree with my colleague.

Zakharova Elena Alexandrovna 16.11.2018 11:00

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Transfer to another branch

Hello. I work as a nurse, I want to transfer to another department, but the head and head of my department do not want to sign my application. What to do in such cases? He tore up the statement I wrote

Maria 08.08.2018 09:09

Dmitry Malov 23.09.2018 11:41

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I agree with my colleague.

Dubrovina Svetlana Borisovna 24.09.2018 10:00

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