Temporary transfer to a higher position. The employer is not entitled to issue a temporary transfer with the wording: "Up to one year", even if the employee agrees to this. Temporary transfer with the consent of the employee

This term refers to the movement of an employee to another position, to another department or locality. The transfer can be carried out on a permanent basis, or for a certain period of time. It can be carried out only with the consent of a person, with the exception of cases specifically stipulated in the Labor Code of the Russian Federation.

Temporary transfer to a vacant position

Transfers for a certain period of time are regulated by Article 72.2 of the Labor Code of the Russian Federation. It says that by agreement between the parties to the employment relationship, the employee can be transferred to another job, but only for a period not exceeding 12 months.

The translation order is as follows:

  • Drafting a written agreement supplementing an existing one labor contract, that the person will be transferred to another position temporarily;
  • Issuing a transfer order. As a rule, a unified form T-5 is used for this.

In the event that, after the end of the transfer period, the employee remains in the new job by default, that is, neither party has expressed a desire to return him to his previous position, then such a transfer becomes permanent. To do this, you need to issue the following documents:

  • Another addition to the employment contract, in the form of an agreement that the temporary transfer is changed to permanent;
  • An order that refers to a change in the transfer time.

Note! If the transfer was made to vacant position with the wording “until the vacancy is filled”, the period of 1 year is still valid. Therefore, in order not to contradict the provisions of Article 72.2 of the employee, after a year it is necessary to transfer to the previous position, and then issue another transfer.

If there is a transfer of a temporary worker to another temporary job, then the registration procedure will not change. The only thing that the personnel department should take into account is that the duration of the transfer should not exceed the term of termination of the main contract, otherwise the employee may become permanent, that is, his contract is recognized as open-ended.

Temporary transfer of an employee to replace an absent employee

The case when a temporary transfer is carried out to a staff unit that already has an employee, but is temporarily absent, is stipulated separately in the legislation. In this case, the transfer period is limited not to 1 year, but to the time of absence of the main employee. Accordingly, it may exceed the specified 12 months. For example, you can make a temporary transfer for three years if the employee went on maternity leave.

The order of registration will be the same as in the previous case.

Note! In the case of a transfer to the place of an absent employee, it is better not to put down a specific number as the end date, but to indicate an event that will mark the end of the transfer period. For example: “The transfer is carried out from 10/01/2017 until the end of the period of disability and the manager Esenina A.V. returns to work.”

Temporary transfer to another job without the consent of the employee

The Labor Code of the Russian Federation provides a list of factors and conditions under which an employee can be transferred without his consent:

  • in the event of natural and man-made disasters, as well as other factors in which there is a risk of a threat to the life and health of people around;
  • in the event of downtime, as well as to eliminate the risk of damage and loss of property, if these circumstances were caused by the factors listed above.

Such a transfer can be carried out for a period not exceeding 1 month.

Is a temporary transfer included in the work book

In accordance with Article 66 of the Labor Code, temporary transfer is not included in the list of information that must be reflected in the work book.

This means that when transferring for a certain time, an entry in the work book is not made.

But if, after the expiration of the transfer period, not one of the parties expressed a desire for the employee to return to his previous place of work, then the transfer from temporary turns into permanent, and, therefore, it must be reflected in the work book.

In this case, the actual date is affixed when the employee violated the performance of new duties. That is, in fact, the recording will be made later than the specified date. But at the same time, one more point must be taken into account - the details of which order should be entered into the labor? The legislation does not regulate this issue in any way. But in practice, it is recommended to make two orders in column 4:

  • temporary transfer order (the date indicated in the document will coincide with the transfer date);
  • an order to recognize the transfer as permanent (this order will contain the date when the transfer becomes permanent).

If, however, an entry has already been made in the workbook about the transfer for a while, which has not become permanent, then it is corrected in the same way as all incorrect entries in the workbook.

Conclusion

Temporary transfer involves the transfer of an employee to perform another job for a certain period. After the end of this period, he returns to his previous job, or the transfer becomes permanent. The transfer time should not exceed 1 year, except for cases when the transfer is made to a temporarily vacant position.


The organization plans to temporarily transfer the employee (with his consent) to a higher (vacant) position. Is such a translation permissible and can it be established in this case?

Changing the labor function of an employee while continuing to work for the same employer is, in accordance with the first part of Art. 72.1 of the Labor Code of the Russian Federation by transfer to another job. The transfer can be permanent or temporary.

By agreement of the parties, concluded in writing, the employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case when such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his job , - until the employee goes to work.

As we can see, a temporary transfer is possible not only to replace a temporarily absent employee, but also in other cases, including when the position is vacant. The replacement of a temporarily absent employee is allocated only for the purpose of establishing a special transfer period - until the replaced employee returns to work.

Therefore, an employee can be temporarily transferred to a vacant higher position for up to one year.

Employer and employee by virtue of Art. 72, part one 72.2 of the Labor Code of the Russian Federation, it is necessary to sign an additional agreement to the employment contract. It reflects: the position to which the employee is transferred, the date from which the employee will begin to perform duties in a new position, the transfer period, other conditions for the transfer - wage conditions, working hours, and more.

Based on the agreement, an order (instruction) of the employer is issued to transfer to another job according to the unified form N T-5, approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1, an entry is made in the personal card (form N T-2) and on the front account (form N T-54).

A temporary transfer is not recorded in the work book (part four of article 66 of the Labor Code of the Russian Federation, clause 4 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225).

In accordance with the first part of Art. 70 of the Labor Code of the Russian Federation, when concluding an employment contract, by agreement of the parties, it may provide for a condition on testing an employee in order to verify his compliance with the assigned work. If there is no such condition in the employment contract, then it is considered that the employee was hired without probationary period(part two of article 70 of the Labor Code of the Russian Federation).

Therefore, it is impossible to establish a test during translation, since labor Relations do not arise again, but continue, although in a modified form (see also paragraph 14 of the Generalization judicial practice on consideration of civil cases on reinstatement for 2007, which was prepared by the Astrakhan Regional Court).

Prepared answer:
Legal Consulting Service Expert GARANT
Goryunova Olga

Checked answer:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. For more information about the service, contact your manager.

Sometimes an employee has to be transferred to another job for a while. Such a need can be caused by a number of reasons - medical indications, production needs, etc. However, not everything is so simple with the transfer procedure. For example, some people confuse a transfer with a transfer and do not process it properly or underpay wages when transferred to a lower paid position. You will learn about the cases in which temporary transfers are possible, how to distinguish them from transfers, how much to pay for the work of a temporarily transferred employee and how to document all this, after reading the article.

Instead of a preface

According to Art. 72.1 of the Labor Code of the Russian Federation transfer is understood as a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works, while continuing to work for the same employer, as well as transfer to work in another locality together with the employer.

Note that a change in a structural unit will be considered a transfer only if its name was fixed in an employment contract (for example, in the form of the phrase “An employee is accepted for the position of an accountant in the financial and economic department”).

Since today we are considering temporary transfers, it is worth noting that they can be carried out both with the consent of the employee and without.

Temporary transfer with the consent of the employee

A temporary transfer requires an agreement in writing. The employer first offers the employee a vacant position or a position where an absent employee needs to be replaced. Then, upon agreement, an additional agreement is concluded on a temporary transfer to another job, position or to another structural subdivision.

And first of all, let's talk about the timing of such a transfer. Temporary transfer to another job with the same employer is possible for a period of up to one year, and in the case when such a transfer is carried out to replace a temporarily absent employee who, in accordance with the law, retains his job, until this employee returns to work.

We note that due to Part 4 Art. 72.1 of the Labor Code of the Russian Federation it is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons. That is, if there are no medical contraindications and the employee agrees, then he can be temporarily transferred to work even with harmful or dangerous working conditions.

When concluding a transfer agreement, fix in it the basis for the transfer, its term, new duties of the employee, as well as other conditions that differ from those established by the employment contract.

Separately, let's talk about the wording of the translation period. If a temporary transfer is carried out to a vacant position, you can determine a specific end date for the transfer, and if to replace a temporarily absent employee, it is better to indicate the condition upon which the employee returns to his workplace, because an absent employee may return to work later (for example, when extending a vacation or sick leave). For the latter case, the wording may be as follows: "This supplementary agreement is valid until the date of return to work from parental leave of the leading specialist Gulkina E.D."

Based on the agreement signed by the parties, a transfer order is issued in the unified form T-5 1] (T-5a). It is important to indicate in the line "Type of transfer" that the transfer is temporary. With such an order, the employee must be familiarized with signature.

The next step in making a temporary transfer will be to make an entry about it in section. III personal card "Employment and transfers to another job" (f. T-2 or T-2 GS (MS)).

But in work book temporary transfer is not recorded. This rule has been set Part 4 Art. 66 Labor Code of the Russian Federation and clause 4 of the Rules for maintaining and storing work books, according to which only permanent transfers are entered in the work book.

note

If an employee is transferred to another job or position, he must be familiarized with job description and other local regulations relevant to the performance of this work. In addition, you may need to conduct a safety briefing or conclude a liability agreement.

Note that the employer should control the end of the temporary transfer, since due to Part 1 Art. 72.2 of the Labor Code of the Russian Federation, if at the end of the transfer period the previous job is not provided to the employee, but he did not demand its provision and continues to work, then the condition on the temporary nature of the transfer becomes invalid and the transfer is considered permanent. In this regard, the question arises: is it necessary to formalize the provision of the previous job? Labor legislation does not contain requirements for processing the return of an employee. In the meantime, we recommend doing so. Usually, for this, an order (instruction) is issued to terminate the performance of duties in a temporary position and return to the performance of duties in the main position. He may look like this.

State autonomous institution Arkhangelsk region

"Sports Training Center"

Arkhangelsk

Due to the expiration of the temporary transfer by agreement of the parties

I ORDER:

1. Pshenitsyna Olga Viktorovna, who temporarily, by agreement of the parties dated 04.04.2014 No. 2, held the position of deputy head of the department for providing sports teams, start working under the employment contract No. 10-06 dated 12.06.2010, as the chief specialist of the department for providing sports teams teams, since August 21, 2014

2. Accounts departments to accrue Pshenitsyna O. V. wages in accordance with staffing as the chief specialist of the department for providing sports teams.

Director cereals I. I. Zlakov

Acquainted with the order. Pshenitsyn, 20.08.2014

It may happen that the main employee quits or the temporarily occupied position is completely vacant, and the management of the organization, and the temporary employee himself, do not mind making the temporary transfer permanent. In this case, it is necessary to conclude another additional agreement, indicating in it that a temporary transfer made under an agreement from such and such a date is considered permanent. On the basis of the agreement signed by the parties, it is necessary to issue an order in any form, in which it is also fixed that the condition on the term of the transfer has become invalid.

Note that in this situation there is a nuance. When transforming a temporary transfer into a permanent one, it is necessary to make an entry in the work book. Moreover, the date of the transfer will be the first day of the temporary transfer.

Example

On February 3, 2014, an employee of the State Budgetary Institution, by agreement of the parties, was transferred to the position of foreman of the road maintenance section for six months. After this period, the parties signed an agreement that the transfer is considered permanent. How to make an entry in the work book?

records

the date Information on hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and referring to the article, paragraph of the law)Name, date and number of the document on the basis of which the entry was made
number month year
1 2 3 4
State state-financed organization
Vladimir region "Management
highways"
8 09 12 2012 Adopted as leaderOrder dated 09.12.2012
specialist expert. № 22
9 03 02 2014 Promoted to chiefOrder dated 03.02.2014
acceptance department № 16*
for repair and maintenanceOrder dated 28.07.2014
highways. № 47**

*
Temporary Transfer Order.

**
An order to invalidate the provision on the temporary nature of the transfer.

Please note that if an employee does not start work under an employment contract, that is, he wants to continue working in accordance with the order for a temporary transfer, the employer has the right to apply disciplinary measures to him: remark, reprimand, dismissal on appropriate grounds, for example, for absenteeism - pp. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation.

Temporary transfer without the consent of the employee

As we have already understood, as a general rule, a temporary transfer, as well as a transfer on a permanent basis, is carried out by agreement of the parties to the employment relationship. However, the Labor Code makes an exception for some cases. So, an employee can be transferred without his consent to work not stipulated by an employment contract with the same employer in order to prevent or eliminate the consequences of:
  • natural or man-made disasters;
  • industrial accident or industrial accident;
  • fire, flood, famine, earthquake, epidemic or epizootic;
  • any exceptional cases that endanger the life or normal living conditions of the entire population or part of it.
The period of transfer of an employee without his consent may not exceed one month.

The transfer of an employee without his consent to work not stipulated by an employment contract with the same employer is also allowed in the following cases:

  • downtime (temporary suspension of work due to economic, technological, technical or organizational reasons);
  • the need to prevent destruction or damage to property;
  • replacement of a temporarily absent employee.
However, it is worth considering that for the transfer in these cases, both simple and the need to prevent the destruction or damage to property or to replace a temporarily absent employee must be caused by the emergency circumstances indicated above.

Plenum of the Armed Forces of the Russian Federation in Decree No.2 noted that if, when transferring to another job in case of downtime, the need
to prevent the destruction or damage to property or the replacement of a temporarily absent employee, the employee will have to perform work of a lower qualification, then such a transfer is effective Part 3 Art. 72.2 of the Labor Code of the Russian Federation possible only with the written consent of the employee.

The Labor Code does not limit the number of such transfers of an employee during a calendar year, since in these cases unforeseen and urgent work is performed. But if, due to emergency circumstances, it becomes necessary to transfer an employee for a period of more than one month, the transfer is still possible only with the consent of the employee.

We emphasize: if the employer cannot prove the existence of circumstances with which the law associates the possibility of a transfer without the consent of the employee, such a transfer will be declared illegal ( clause 17 of Resolution No.2 ). So, T. since 1999 worked as a cardiovascular surgeon at the Pskov Regional Hospital. By order of the chief physician, he was temporarily transferred without his consent to the polyclinic of the regional hospital to the position of a cardiovascular surgeon, citing the need to fill a vacant position and in order to prevent a threat to the life and health of the population. Considering the employer's decision to be unlawful, T. refused to perform his duties at the polyclinic, for which he was subjected to disciplinary action in the form of a reprimand. The court declared illegal both the disciplinary order and the temporary transfer order. The State Budgetary Healthcare Institution did not provide evidence of the existence of emergency circumstances that necessitated the temporary transfer of an employee without his consent to work not stipulated by an employment contract. The transfer was made under the pretext of operational necessity in the absence of exceptional cases indicating the real need for such a transfer, and therefore the specified transfer is illegal (Appeal ruling of the Pskov Regional Court dated October 2, 2012 in case No. 33‑1580).

note

Refusal to perform work when translating in case of emergency, performed in compliance with the law, is recognized as a violation labor discipline, and absence from work - absenteeism ( clause 19 of Resolution No.2 ). At the same time, it should be taken into account that due to par. 5 hours 1 art. 219, Part 7 Art. 220 of the Labor Code of the Russian Federation an employee may not be subject to disciplinary action for refusing to perform work in the event of a danger to his life and health as a result of violation of labor protection requirements, except for cases provided for by federal laws, until such danger is eliminated or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract. Since the Labor Code of the Russian Federation does not contain norms prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer on the grounds specified in Art. 72.2 of the Labor Code of the Russian Federation, the employee's refusal to temporarily transfer to another job for the above reasons is justified.

A temporary transfer without the consent of the employee must also be issued. For this, a transfer order is issued indicating the reasons (catastrophe, industrial accident, etc.). And of course, it is better to back up such an order with relevant documents, otherwise the employee may refuse to transfer.

Translation or relocation?

Sometimes an employer confuses a temporary transfer with a transfer and, instead of issuing an agreement and a transfer order, issues a transfer order. Recall that due to Part 3 Art. 72.1 of the Labor Code of the Russian Federation moving from the same employer to another workplace, to another structural unit located in the same area, entrusting work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties , does not require employee consent.

Before moving, carefully check the terms of the employment contract - whether it indicates the workplace, structural unit and whether the employee's labor function will change. Otherwise, labor disputes cannot be avoided. So, G., who works in the State Unitary Enterprise as a senior accountant, was moved to the position of an accountant. The PMU believed that these positions have similar job functions. Considering the dispute on invalidating the transfer order, the court noted: it follows from the employer’s order that in fact there was not a transfer, but G.’s transfer to another position, which entailed a change in the employee’s labor function. These actions were carried out without the consent of G., therefore, the order to move is illegal ( Appeal ruling of the Yaroslavl Regional Court dated April 25, 2013 in case No. 33‑2536/2013).

Remuneration for temporary transfer

For transfers made without the consent of the employee (in the cases mentioned in part 2, 3 art. 72.2 of the Labor Code of the Russian Federation), remuneration is made according to the work performed, but not lower than the average earnings for the previous job. That is, if the employee's remuneration for the work performed is lower than his previous average earnings, then he is paid the former average earnings, determined in the prescribed manner.

Well, if the remuneration for a new job exceeds the average salary of an employee, then he is paid a supplement to the salary for a new job. Thus, the claims for the recovery of lost wages were satisfied by the court: during the period of temporary transfer to another position, the plaintiff performed the duties of an employee of a higher position, therefore, the difference in wages is subject to recovery in his favor ( Ruling of the Perm Regional Court dated September 25, 2013 in case No. 33‑8092).

When a temporary transfer is carried out by agreement of the parties, the remuneration is also determined by agreement of the parties, however, usually when transferring an employee, the salary of a new position is set. If he is transferred to a less qualified job, the parties may agree to maintain the previous salary or to assign an additional payment to the previous salary.

Temporary transfer for medical reasons

As we found out, temporary transfer is carried out with the consent of the employee or without it. However, according to Art. 73 Labor Code of the Russian Federation the employer is obliged to transfer the employee to another job (position) if he needs it in accordance with the medical report. Moreover, other work should not be contraindicated to the employee for health reasons.

Note

The medical report is issued in the manner prescribed by the Order of the Ministry of Health and Social Development of the Russian Federation dated 02.05.2012 No. 441 “On Approval of the Procedure for Issuing medical organizations certificates and medical reports. A certificate of temporary incapacity for work is not considered a medical certificate.

When receiving a medical opinion from an employee, first of all, you need to pay attention to the transfer period indicated in the certificate, since the further actions of the employer depend on this.

If an employee is shown a temporary transfer to another job for up to four months, the employer must offer him another job suitable for health reasons. In the absence of such or refusal of the employee, the employer is obliged to remove him from work with the preservation of the place of work (position) for the entire period specified in the medical report. To do this, the employer issues an order in any form. The order should indicate the period for which the employee is suspended, if the period is still not specified, upon admission to work, an order should be issued on the admission of the employee.

If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have the appropriate job, the employment contract is terminated by p. 8 h. 1 art. 77 Labor Code of the Russian Federation- the employee's refusal to transfer to another job, which is necessary for him in accordance with a medical certificate issued in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, or the absence of an appropriate job for the employer. Upon dismissal on this basis, the employee is paid severance pay in the amount of two weeks average earnings ( Part 3 Art. 178 Labor Code of the Russian Federation).

Note

According to Art. 254 of the Labor Code of the Russian Federation pregnant women, in accordance with a medical report and upon their application, are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings from their previous job. Until the provision of another job, the pregnant woman is subject to release from work with the preservation of the average earnings for all missed working days as a result of this at the expense of the employer. A similar guarantee is provided for women with children under the age of one and a half years.

Temporary transfer of an athlete

This is a special type of temporary transfer - it can be carried out to another employer. Yes, based on Art. 348.4 of the Labor Code of the Russian Federation in cases where the employer is not able to ensure the participation of an athlete in sports competitions, it is allowed, by agreement between the employers, to temporarily transfer the athlete with his written consent to another employer for a period not exceeding one year. At the same time, the employer at the place of temporary work concludes a fixed-term employment contract with the athlete in accordance with the requirements Art. 348.2 of the Labor Code of the Russian Federation.

For the period of temporary transfer of an athlete to another employer, the originally concluded employment contract is suspended, but the validity period is not interrupted.

note

If an athlete during the period of temporary transfer to another employer wants to work part-time, permission for such work must be obtained both from the employer at the place of temporary work and from the employer with whom the employment contract was originally concluded ( part 2Art. 348.7 of the Labor Code of the Russian Federation).

In case of early termination of the employment contract concluded for the period of temporary transfer of the athlete to another employer, for any of the reasons provided for by the Labor Code of the Russian Federation, the initially concluded employment contract is valid in full from the next working day after the calendar date on which the termination of the employment contract concluded on temporary transfer period.

If, after the expiration of the period of temporary transfer to another employer, the athlete continues to work for the employer at the place of temporary work and neither the athlete, nor the employer at the place of temporary work, nor the employer with whom the employment contract was originally concluded, require the termination of the employment contract concluded for the period of temporary transfer , and the renewal of the originally concluded labor contract, then the latter is terminated and the validity of the labor contract concluded for the period of temporary transfer is extended for a period determined by agreement of the parties, and in the absence of such an agreement - for an indefinite period.

Finally

As you can see, there are plenty of varieties of temporary translation, and each has its own characteristics. Let's recap the main points. Firstly, temporary transfer is carried out only within the organization (with the exception of athletes). Secondly, such a transfer is carried out with the consent of the employee. But the Labor Code of the Russian Federation established exceptions: an employer can make a temporary transfer for up to one month in case of preventing emergencies and disasters or eliminating their consequences. And thirdly, the remuneration of workers temporarily transferred without their consent cannot be lower than the average earnings for their previous job.

Approved by the Decree of the State Statistics Committee of the Russian Federation dated 01/05/2004 No.   1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”.

Instruction

The transfer can be carried out by the employee or by agreement between the employee and the employer. In the first case, an application with a request for transfer to a vacant position, in the second case, an act on a job offer is drawn up and an agreement is drawn up on amending the employment contract.

As a rule, the employee shows a desire (writes an application) for a transfer with significant improvement. This may be a higher paid position, the location of the workplace closer to the place of residence, a decrease in the volume official duties, performance of work on the main profile of education, etc.
If there is a desire for a transfer with worsening working conditions, it is better to reflect its reason in the application.
An application for a permanent transfer to a vacant position is written in any form addressed to the head of the organization. It is desirable to indicate in it those qualities of yours that allow you to qualify for this position.

If the transfer initiative comes from the employer, two options are possible:
promotion to a higher position;
transfer to a lower paid position.

When the position of a manager of any level is vacated at an enterprise, a submission is drawn up in the name of the head of the enterprise by the personnel management service. It sets out the detailed justification for the appointment of a particular employee to this position. Information such as the applicant’s education, work experience, achievements at the previous place of work, the availability of incentives, age, advanced training courses, etc. are very important.
After studying the personal file of the applicant, conducting an interview, the submission is approved or rejected by the head.

The need to transfer to a lower-paid position arises in such cases as:
the impossibility of continuing work in the previous position due to the state or results;
carrying out a reduction in staff or number of employees.
If there is a need for such a transfer, the employee is offered another, lower-paid job in writing (job offer act). In case of consent, the employee personally signs the act.
An example of an entry in the act: "I agree to the proposed position ...... I agree." Below is the number and signature.

The specialist of the personnel department, having received an application or act approved by the head of the organization, draws up all Required documents:
order on personnel form T-5;
additional agreement to the employment contract;
makes an entry in the work book;
makes an entry in T-2's personal card.
The employee gets acquainted with all documents against signature.

Related videos

Helpful advice

When signing the act, carefully read its contents. This document is legal basis for translate. Having changed your mind, you are unlikely to be able to challenge it.

Sources:

  • Help business.

Transfer to a permanent place of work can be carried out within the organization, as well as from one employer to another. Permanent transfer implies a change in the employee's labor function. With an internal transfer, an order is issued and an entry is made in the work book, with an external transfer, the employee must go through the dismissal procedure with one employer, and the reception with another.

You will need

  • - employee's documents;
  • - documents of enterprises;
  • - seals of enterprises;
  • - forms of relevant documents;
  • - pen;
  • - Labor Code of the Russian Federation.

Instruction

If a transfer is made to another employer, then the director of the enterprise who wants to hire in his organization writes an invitation letter addressed to the director of the company where the employee is currently working. In the document, the employer indicates the surname, name, patronymic of the employee, the position he holds, the date from which the manager intends to hire this specialist. Assigns a number and date to the letter, certifies it with the seal of the company and the signature of the first person of the organization.

The current employer writes a letter of representation to the new employer about the transfer and attaches a reference to the employee if necessary. Director of the enterprise wishing to hire this employee, writes a response letter of his consent, certified by the seal of the organization and the signature of the head of the enterprise.

Make a notice of the transfer of this specialist to another employer two months before the transfer. Obtain the written consent of the employee in the form of familiarization with this notice.

Draw up a dismissal order by transfer, referring to Article 77 of the Labor Code of the Russian Federation. Certify the document with the seal of the enterprise, the signature of the director of the enterprise. Familiarize the employee with the order against signature.

After two months, make an entry in the employee's work book about dismissal by transfer to another organization, issue cash for settlement, close the personal card for the employee.

Having received a work book in his hands, the employee writes an application for employment from another employer, an employment contract is concluded with him without establishing a probationary period, an order is issued for hiring by transfer from another organization. A corresponding entry is made in the work book of a specialist, a personal card is entered for a citizen.

If the transfer is in-house, you must notify the employee in writing of the impending transfer two months prior to the expected transfer date. The employee can write his consent in the form of a statement or familiarization with the notice with the date and signature.

Conclude an additional agreement to the contract on changing the duties of the employee. Based on the agreement, draw up an order in which indicate the position of the employee, his last name, first name, patronymic, as well as the name of the position, the structural unit where the specialist is, indicate the amount of salary.

Make an entry in the employee's work book about the transfer, indicating the position and structural unit where the employee will work. In the grounds, enter the number and date of the transfer order.

Sources:

  • Transfer to another job

If an employee decides to move to another department in order to further career development, the employer must accept a transfer application from him. Personnel employees must draw up an additional agreement to the employment contract. The director should issue an order, and on its basis, personnel officers need to make changes to the employee's personal card and work book.

You will need

  • - employee's documents;
  • - enterprise documents;
  • - labor legislation;
  • - seal of the organization;
  • - staffing;
  • - the order form for the transfer;
  • - employment contract;
  • - personnel documents.

Instruction

Transfer from one department (structural division) to another without changing the position and responsibilities for it by moving. To carry out such a procedure, the employee should write a statement addressed to the director. In it, the employee writes a request for the possibility of transferring from one structural unit to another. The application is numbered and dated. The head of the enterprise must express his decision in the form of a resolution that contains the date, signature, and the fact of the transfer.

Enter into an additional agreement with the employee. In it, write down the name of the department to which the employee should be transferred, the title of the position does not need to be changed, so the specialist must be moved to the same position that he held before the transfer. The amount of payments will correspond to the amount wages which he has received so far. Certify the agreement to the employment contract. It is signed by the director or other authorized person, the seal of the company, as well as the signature of the relocated employee.

Based on the agreement to the contract, the director of the company needs to issue an order for the transfer. The heading of the document contains the name of the enterprise, the number and date of compilation, the city of location. The subject of the order will correspond to the movement from one department to another (indicate their names). In the content (administrative) part, write the personal data of the employee, his position, Personnel Number. Then enter the name of the position to which he is moving, salary, bonus, bonus for it in accordance with the approved staffing table. Assure the order with the signature of the sole executive body, company seal. Familiarize the employee with the document, in the required line he puts his signature and date. On the reverse side of the order, visas are affixed by the heads of both structural divisions (where and from where the transfer is made), a lawyer, and a director.

The name of the department to which the employee has moved is changed by personnel officers in the second section of the personal card, in the employee's work book. Recording is not required.

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