Refusal to transfer to another position. How to refuse transfer to another job? Consequences of refusal to transfer to another job

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Hello. How to correctly refuse a temporary transfer to a position, provided that before that there was an accident at work under the current leadership, and it abruptly went on vacation after that.

Lawyers' answers

Iskibaeva Elena Yurievna(09.01.2017 at 16:36:19)

Hello, Yaroslav! In accordance with Art. 72.1 of the Labor Code of the Russian Federation, Transfer to another job - permanent or temporary change labor function employee and (or) the structural unit in which the employee works (if structural subdivision was indicated c), 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. (and this is in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, hunger, earthquake, epidemic or epizootic and in any exceptional cases that endanger the life or normal living conditions of the entire population or its part , the 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.

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 the destruction or damage of property or temporary replacement an 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 the extraordinary circumstances specified in part two of this article. At the same time, transfer to a job requiring a lower qualification is allowed only with the written consent of the employee.)

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.

Does not require the consent of the employee to transfer 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 conditions specified by the parties employment contract.

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

Zaika Igor Vladimirovich(09.01.2017 at 16:46:58)

Good day!

Yaroslav, you can just refuse the temporary transfer and that's it. Transfer of an employee to another job (position) is possible only with the written consent of the employee.

From Art. 72.1.abz.1 of the Labor Code of the Russian Federation follows: “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 at the same employer, as well as transfer to work in another locality together with the employer ... is allowed only with the written consent of the employee. "

The law does not require the employee's consent to such a transfer, if it is necessary to eliminate the consequences of catastrophes, accidents and other emergencies (fire, flood, explosion and others), if the consequences of such an event threaten the normal living conditions of a group of the population. (I.e. only in emergency situations when delay can lead to serious consequences for citizens).

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

Good luck and all the best!

______________________________

I would be grateful for your feedback. [email protected]

Degtyareva A.G.(01/09/2017 at 16:51:28)

Hello!

Temporary transfer of an employee to another job takes place by agreement of the parties, concluded in writing.

The concept of a temporary transfer is contained in Art. 72.2 of the Labor Code of the Russian Federation.

An employee can be temporarily transferred to another job with the same employer for up to one year.

In your situation, the transfer is required for the period of absence of another employee, if its duration does not meet in one year, then the term will be set with the wording "until the main employee leaves for work."

It is up to you to agree or not to agree to such a translation, taking into account the actual circumstances. Submit your refusal in writing.

Also note the following:
according to Art. 72.2. Of the Labor Code of the Russian Federation, the transfer of an employee without his consent for a period of up to one month to a job not stipulated by the employment contract with the same employer is allowed if it is necessary to replace a temporarily absent employee, if the replacement of a temporarily absent employee is caused by
emergency circumstances specified in part two of this article (In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, hunger, earthquake, epidemic or epizootic and in any exceptional cases that endanger life or normal life conditions of the entire population or part of it).

At the same time, transfer to a job requiring a lower qualification is allowed only with the written consent of the employee.

If you have any more questions, please contact us. Good luck!
Please leave your feedback for the answer.
Sincerely, [email protected]

Technological working conditions have changed in the subdivision - the equipment has been automated. The employees who were hired to monitor the instruments are no longer needed. We offer them a transfer to vacant positions in other divisions and to other positions. What to do if an employee refuses to transfer?

Answer

• Features of dismissal in the order of transfer to another organization
• If the manager refuses to release the employee
• Translation and processing
• Types of transfers
• Dismissal options in order to transfer to another organization
• Step-by-step instruction dismissal by transfer at the initiative of the employee
• Dismissal of an employee with his consent (the initiative comes from the head)
• Basic documents for registration of dismissal
• Transfer dismissal compensation
• Vacation when transferring
• Who can be fired in order of transfer
• Advantages and Disadvantages of Firing
• Conclusion

Features of dismissal in the order of transfer to another organization For a better understanding of the depth of the issue, let's start with the definition.

Dismissal in case of refusal to transfer

If significant changes occur staffing table, then employees can be dismissed or transferred to other positions. Any actions related to the movement and dismissal of employees are performed in strict accordance with the Labor Code of the Russian Federation (Articles 81, 73) The employee can initiate the termination labor relations... The legislative acts do not set a maximum period for which it is necessary to inform the employer about the desire to quit.
In this case, it is not necessary to do this in advance. Dismissal when essential conditions change. In certain cases, the employer may make significant changes to the provisions of the employment contract.

The employer is obliged to notify the employee in writing no 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 under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (as vacant post or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform, taking into account his state of health. 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.

Dismissal by transfer to another organization: registration procedure and documents

Young professionals Norma labor law strictly regulate the impossibility of translation young specialist to work not in the specialty he received. Otherwise, the Labor Code does not prohibit the transfer of such an employee, but it should be borne in mind that some actions of the specialist himself may entail a loss of status. In this case, a copy of the notification with the postal receipt must be retained as proof of the notification.

13. Register the notification in the notification registration log 14. Issue to the employee a certificate of the amount of earnings for two calendar years preceding the year of termination of work, and other requested copies of documents related to work on the basis of the application Term: three working days from the date of receipt (registration) of the application ... 15.

Dismissal by way of transfer to another organization: the procedure for registration

If they affect:

• labor duties,
• place of work,
• wages,
• schedule,
• other conditions specified in this document.

In this case, the translation can be carried out only with the written consent of the employee. An exhaustive list of significant changes to the terms of the employment agreement is not established by law. The degree of materiality is assessed on a differentiated basis for each case.

Refusal to transfer to another organization

It should be noted that labor law does not contain the term "compensation", therefore, this concept cannot be used within the framework of labor relations. Therefore, you can use article 178 of the Labor Code of the Russian Federation, which allows ADDITIONAL PAYMENTS IN FAVOR OF THE EMPLOYEE DURING DISMISSAL, BUT only when it is provided for by an employment contract or a collective agreement. currently none of the contracts contains, take measures to amend the employee's employment contract and fix the condition that upon termination of the employment contract BY AGREEMENT OF THE PARTIES, he will be paid a certain amount. it will be stated that the employer pays this amount on the last day of work. You can call it a severance pay.
Now we will analyze each translation option in detail so that you learn all the subtleties of this procedure. Step-by-step instructions for dismissal for transfer at the initiative of an employee

1. The current employer receives an invitation letter from an organization that is willing to accept his employee. It is drawn up in any form on the letterhead of the organization.
   It should indicate the position for which the employee is hired and the approximate date of employment. Sometimes in such a letter the amount of the future salary is indicated, but this is not necessary.
2. An employee who wants to transfer writes a statement addressed to the head of the organization that he wants to quit due to the transfer.
3. After signing the application, a letter is sent to the organization that will employ the dismissed employee, which confirms the transfer.

Info

Labor Code of the Russian Federation Expiration or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry weapons, other special right) in accordance with federal laws and other regulatory legal acts RF, if this entails the impossibility of the employee fulfilling his obligations under the employment contract Part 2 of Art. 83 of the Labor Code of the Russian Federation If the transfer is impossible, the employment contract is terminated on the basis provided for in clause 9, part 1 of Art. Transfer of an employee due to production needs Attention Usually, the employee gives his consent to such a transfer by a statement, but if he marks “I agree with the transfer” on the employers' agreement, it will not be an error. Here is an example of an agreement between two employers (see page 33). Agreement on the transfer of an employee to Samara on January 19, 2009

Refusal to transfer to another compensation organization

• External transfer procedure
• Employee transfer
• Transfer of an employee for production needs
• We transfer an employee to another employer
• Refusal of an employee to transfer to another organization
• Refusal of an employee to transfer to another company

External transfer procedure Transfer to another job in accordance with a medical certificate In some cases, the employer is obliged to transfer the employee to another, easier job with his written consent and in accordance with a medical certificate issued in accordance with the procedure established by federal laws and other regulations Russian Federation.

Refusal to transfer to another organization in case of reduction

Attention

Dismissal in case of refusal to move to another locality The change of a legal entity of its location must be reported to employees 2 months in advance in writing. This document must contain information about the new address of the employer, the timing of the move, the date of the start of work, the guarantees and compensation payments related to its translation. As a rule, a transfer associated with the relocation of a company to another location entails a reimbursement of costs:

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

In a written message, it is possible to reflect the procedure and nature of compensation, as well as establish a period during which the employee is obliged to notify the employer of his decision.

If the vacation date comes after the announced reduction date, then the employee can be dismissed on a general basis. Is it possible to lay off an employee who was taken on the parental leave of the main employee? No, you cannot. When carrying out reduction measures, the employer reduces the position (staff unit), and not the specific employee occupying it (clause 2, part 1 of article 81 of the Labor Code of the Russian Federation). An employee who is on parental leave for a child under three years old retains a workplace (position) (part 4 of article 256 of the Labor Code of the Russian Federation). At the same time, the hiring of an employee on parental leave, a new, temporary employee, does not increase the number of jobs for this employer and does not entail the appearance of new jobs (paragraph 2 of part 1 of article 59 of the Labor Code of the Russian Federation). At the same time, a ban was imposed on the reduction of the position of women with children under the age of three (Article 261 of the Labor Code of the Russian Federation).

Dismissal in case of refusal to transfer

However, the dismissal of a disabled employee is possible if the percentage of the quota for hiring people with disabilities is preserved, that is, when a disabled person is reduced, it is necessary to maintain the total number of jobs for them by introducing new quota jobs.

Important

In addition, the employer must take into account guarantees, in particular the preferential right to remain at work, when laying off workers who have become disabled as a result of an industrial accident or occupational disease.

How to refuse transfer to another position?

And only in accordance with the medical conclusion, after the employee refuses to transfer, any termination of the labor agreement with him will be required or even followed.
Please note that the termination of any employment agreement, but not for the refusal to carry out the transfer, but as a consequence of this any such refusal.
And in accordance with any formal basis for termination of the employment agreement, it will be the reduction in the number of employees approved in the legislation, as well as in the staff of employees, in accordance with the required entry and only due to payment of severance pay, will be considered.

Attention

In this article, you learned about.

Refusal to transfer to another position

The procedure for dismissing an employee on the basis of a reduction in the number or staff is carried out as follows.

Necessary:

• issue an order to reduce the number or staff and prepare a new staffing table;
• determine if any of the employees have the preferential right to remain at work;
• create a list of redundant employees (positions);
• notify the employee about the upcoming dismissal (p.

  2 tbsp. 180, part 2 of Art. 292, part 2 of Art. 296 of the Labor Code of the Russian Federation);

• offer the employee another vacant position (part 3 of article 81, part 1 of article 180
• arrange the transfer of those employees who have agreed to take other positions (Art.

  72.1 Labor Code of the Russian Federation);

• notify the trade union of the upcoming reduction (if available in the organization) and inform the employment service about it (p.
  1 tbsp. 82 of the Labor Code of the Russian Federation, clause 2 of Art. 25 of the Law of April 19, 1991 No.

How to issue a refusal to transfer to another position

The time for reflection is not legally limited, so the employee can give an answer by the end of the two-month period;

• with the intention of further cooperation, draw up a new labor agreement;
• in case of refusal to work in the changed conditions, offer the employee vacancies which he can occupy, given his qualifications and professionalism.

Answers to topical questions Question №1.

How to properly formalize the dismissal of an employee on their own in case of reorganization legal entity? First of all, an employee who has expressed a desire to terminate an employment agreement must write a statement about this.

On the basis of the application, a dismissal order is issued. As a basis, we can offer the following wording: "... the employment contract was terminated in accordance with Article 77, clause 6 of the Labor Code of the Russian Federation due to refusal to work due to a change in departmental subordination."

Not found

At the same time, it is forbidden to change the employee's labor function.

This is stated in part 1 of article 74 of the Labor Code of the Russian Federation. The difference between transfer and movement During the transfer, the terms of the employment contract and the employee's job function change.

An employee is considered transferred to a new position in the same organization (without changing the location) if at least one of the following conditions is met:

• change of the labor function stipulated by the employment contract.

  In this case, the place of work may change or remain the same;

• change of the structural unit in which the employee works. In the case when a structural unit as a place of work was indicated in an employment contract with an employee.

Translation is allowed only with the written consent of the employee. It is forbidden to transfer an employee to work that is contraindicated for him for health reasons.

Transfer to another position

Its minimum duration is not spelled out either in the Labor Code or in other regulations. When the regime of reduced working hours is introduced, it is necessary to notify the staff about the upcoming changes no later than 2 months in advance. A notice of this must be drawn up in writing. Failure by the employer to comply with the established deadlines allows the employee to challenge the decision to reduce the working time in court, recover the lost wages and compensation for moral damage.

Any changes regarding this issue should be recorded in the employment agreement.

The employee may not agree to the new working conditions.

In this case, the employer offers him vacancies.

If there are none, and the employee refuses to work on a reduced working week, the employer has the right to terminate the employment agreement unilaterally.

How to refuse transfer to another position

77 of the Labor Code of Russia, then in case of any termination of this labor agreement on one of the general grounds, the employee will be paid a certain severance pay in the amount of two weeks' earnings.

This is also stipulated in stat.No178 of the labor code of Russia.

A different matter may be the moment when the employee himself quits for one reason or another, which were also provided for in accordance with the labor code of Russia, including the grounds that the employee has in employment.

Before you completely terminate the main employment agreement with the employee, you can try to subsequently transfer him to a completely different work activity.

Refusal to transfer to another position

Dismissal by a court decision If a court decision banning him from holding a certain position has entered into force with respect to an employee, the employer may offer a new position to which the restriction does not apply.

The employee may disagree with the transfer proposal.

In this case, the employer has the right to terminate the employment contract unilaterally. Dismissal when working hours are reduced As a result of production and technological transformations at the enterprise, the employer may need to introduce a part-time regime.

As a rule, this forced measure is introduced for up to six months in order to preserve jobs.

Labor legislation establishes only the upper limit of the duration of working hours. The working week cannot be longer than 40 hours.

Refusal to transfer to another position in case of reduction

• family, which support two or more disabled family members who are fully supported by them (for example, an employee has two minor children);
• employees, in whose family there are no other people with independent earnings;
• employees who have received an occupational injury or occupational disease in this organization;
• disabled people of the Great Patriotic War and disabled combatants to defend the Fatherland;
• employees who improve their qualifications in the direction of the employer without interrupting work;
• employees injured as a result of the Chernobyl accident;
• employees exposed to radiation due to nuclear tests at the Semipalatinsk test site;
• employees dismissed from military service, provided that they are first employed.

These conditions are: place of work; labor function; the amount of remuneration; working hours; benefits and other circumstances provided for by law, both directly stipulated when concluding an employment contract, and derivatives. Translation implies the performance of work other than that specified in the employment contract. Translation changes the content of the contract and therefore, in accordance with the Labor Code of the Russian Federation, is allowed only with the written consent of the employee. The Labor Code does not contain an exhaustive list of the essential terms of the contract. They are determined on a case-by-case basis. If essential conditions change without specifying a time frame, then such changes will be regarded as permanent.

This means that the employee moves to another structural unit, but at the same time his position, job duties, the salary (wage rate) and other essential conditions of the employment contract do not change. The problem arises due to the fact that in Article 57 of the Labor Code of the Russian Federation "Content of the employment contract" among the essential conditions of the employment contract, the place of work is in the first place, and in the case of when an employee is hired to work in a branch, representative office or other separate structural unit of an organization located in another locality, indicating the structural unit and its location. The structural unit is an essential condition of the employment contract.

When it is allowed to transfer to another job without the consent of the employee

Transfer is possible for up to 1 month and only with the same employer. If it becomes necessary to Suspend production for a while. As mentioned above, transfer of an employee to another job without his consent is possible only in cases provided for by the Legislation. If an employee refuses to transfer or does not go to work, then he can be brought to responsibility of a disciplinary nature.

Can an employee be transferred to another position without his consent - the answer must be sought, referring to the norms of the Legislation. The main scheme of the process Transferring an employee to another position is allowed only when he writes a written application.

Can they be transferred to another place of work without the consent of the employee?

If the proposed job does not suit the employee or the employer does not have such work, the employment contract is terminated in accordance with clause 7 of Article 77 of the Labor Code of the Russian Federation. Termination of the employment contract on this basis is possible only in the event of an actual significant change in the working conditions in the organization, which requires the employer to be careful. attitude to such situations. For example: The secretary of Parus LLC was dismissed due to her refusal to perform the functions of a personnel inspector.

She went to court and was reinstated at her former workplace. When comparing the old and new instructions, the court found that the secretary was not charged with additional duties.

Employee transfer

Attention

The application can be considered as the employee's consent to the transfer (Article 72 of the Labor Code of the Russian Federation). personnel services consider that the employee's signature on the transfer order "I have read the order ..." is his consent to the transfer. It is not right. The employee's consent to the translation must be obtained before, and not after the issuance of the order.

Moreover, familiarization with the document does not at all mean agreement with its content. If necessary, the employee can express his disagreement or special opinion below his signature. Transfer to another permanent job can take place at the initiative of the employee or at the suggestion of the employer.

Is it possible to transfer to another job without the consent of the employee

Two months have passed and now the company is closing, but the salary has not been paid ... Dismissal by agreement of the parties I wrote a letter of resignation under Article 77 p.
1 of the Labor Code of the Russian Federation (by agreement of the parties), and my employer does not want to sign it. What should I do? How to refuse transfer to another job? Last year alone, I was transferred four times to a different job, motivating that, they say, this is dictated by an urgent production need ...
Can they deduct an accountant from their earnings for a mistake? I am accountant. There was an incident with the calculation wages to the employee.
Two amounts of vacation pay were paid by mistake. The employee immediately refused to return the entire amount ... How profitable is it to quit? I am a manager, I have been working in the company for two months, the trial period has passed.

How to refuse transfer to another job?

Started celebrating in work time... Later there was a fight with people I did not know ... Should they have introduced the order? At work, the boss issued an order stating that the working day on Friday would be until 17:00.

Info

The order was issued at 16 o'clock. Employees did not know about the issuance of this order, they did not sign anywhere ... probationary period- is the salary due? I worked half a month on probation in a large company.

Is it possible to refuse transfer to another place of work and achieve a reduction?

If they are limited to the period specified in the order, they will be classified as temporary transfers. Promotion and demotion is also a transfer that requires the consent of the employee. Moving or translating? Part 3 of Article 72 of the Labor Code of the Russian Federation states that “it is not a transfer to another permanent job and does not require the consent of the employee to move him in the same organization to another workplace, to another structural unit of this organization, to assign work on another mechanism or unit, if this does not entail a change in the labor function and changes in the essential conditions of the employment contract. "
Unfortunately, in practice, the above procedure is often violated. As noted in the literature, state labor inspectors, when carrying out inspections of compliance with labor laws, often reveal violations such as failure to receive a written explanation from the employee about disciplinary offense, violation of the term of application disciplinary action(dismissal), failure to announce to the employee, against signature, an order to impose a disciplinary sanction, including dismissal, within three working days from the date of issuance of the order, etc. It should be noted that these guarantees represent a certain system, which implies their application in interconnection and interdependence and excludes the consideration of only one guarantee when dismissing an employee while ignoring other guarantees applicable in this case.

Refuse to transfer to another place of work without the consent of the employee

Thus, it is possible to include in employment contracts additional grounds for terminating an employment contract in cases where the employer - individual(Article 307 of the Labor Code of the Russian Federation) or a religious organization (Article 347 of the Labor Code of the Russian Federation), or an employee - the head of the organization (Article 278 of the Labor Code of the Russian Federation) or a homeworker (Article 312 of the Labor Code of the Russian Federation). But these exceptions are due to the peculiarity of the method of labor law - a combination of state and contractual regulation of labor and relations directly related to them. And the presence of only a few such exceptions only once again confirms the conclusion about the prevalence of state regulation in the sphere of termination of an employment contract. As for federal laws that establish additional grounds for dismissal in comparison with the Labor Code of the Russian Federation, an example is the Federal Law of August 22, 1995 No.