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Transferred to a new position. Consent to transfer. Transfer to another job with the consent of the employee and without it

An incorrectly executed transfer to another position can lead to a conflict with the employee and claims of the GIT. How to avoid problems, read the article.

From the article you will learn:

Transfer to another position is one of the most frequent procedures that a personnel officer draws up. They resort to it with official growth, internal changes in an organization, a situation where an employee cannot perform their previous work due to poor health, and in other cases. Regardless of the reason for the procedure, compliance with the procedure established by law is required.

Types of transfers to another position

Depending on the term of the transfer of an employee, it can be permanent or temporary. Permanent has an indefinite character. Temporal is always determined by some period or event.

There are time limits for temporary transfers. If such a change occurs by agreement of the parties, then its term cannot be more than one year. An exception is the transfer to another position to replace a temporarily absent employee (for example, a maternity leave). In this case, the transfer period is not limited to one year and ends at the moment the absent employee enters work (part one, article 72.2 of the Labor Code of the Russian Federation).

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Temporary transfer to another job without the consent of the employee is possible due to downtime, the need to prevent a natural or man-made disaster, and similar circumstances. For such a transfer, more than short term- no more than one month (parts two, three of article 72.2 of the Labor Code of the Russian Federation).

You can transfer to another position for medical reasons for a different period. Can be issued (Article 73 of the Labor Code of the Russian Federation):

temporary change of position for up to four months;
temporary change of position for a period of more than four months;
perpetual translation.

When an employee is transferred to another position within the organization, the labor function of the employee, that is, the scope of his duties, changes.

Depending on who is the initiator of the changes, a transfer is distinguished at the request of the employee, at the will of the employer and by agreement of the parties.

Transfer initiated by the employee. If the employee himself takes the initiative to transfer to another position, then he draws up an application and sends it to the employer. If the latter agrees, sign an additional agreement to employment contract(Article 72 of the Labor Code of the Russian Federation). Then they issue an order, make an entry in work book(with a permanent transfer), a personal card.

Transfer initiated by the employer. If the employer offers to transfer, he gives the employee an offer or notice of transfer, drawn up in any form. Written consent is required from the employee. Transfer is not possible without consent. If the employee agrees, he makes a note on the notification. For example, it says “I have read the notice. I agree to the translation. He can also make a mark on the consent additional agreement.

Translation by agreement of the parties. Since when transferring to another position, the labor function changes, it is allowed, according to general rule, by agreement of its parties (Article 72 of the Labor Code of the Russian Federation). If the employee and the employer have no discrepancies regarding the terms of the transfer, it can be issued directly by concluding additional agreement. It is not required to receive a statement from the employee.

Important: if the employee has only read the order, then this is not a written consent to the transfer. Consent must be obtained before issuing an order in the form of a signature on a notice or supplementary agreement.

Order to transfer an employee to another position within the organization

A transfer order can be drawn up according to the form No. T-5 (No. T-5a) approved by the State Statistics Committee or another form created by the organization. Consider how to draw up a transfer order in the form No. T-5.

The order indicates the full and abbreviated (if any) name of the organization in accordance with the charter. The OKUD order form code is 0301004. The OKPO code is set by the organization when it is registered as legal entity. The order number is assigned to him during registration, after the document is signed by the head. The date of drawing up the order is the day of its signing (paragraphs 3.11, 3.12 of GOST R 6.30-2003, approved by the Resolution of the State Standard of Russia dated March 3, 2003 No. 65-st).

If the change is permanent

The order indicates only the date from which the employee will start working in a new position. Leave the “by” column blank. If the transfer occurs for a certain period, they additionally prescribe the expected date of its completion or refer to an event, the occurrence of which will mean the expiration of the period temporary transfer.

In addition, the order includes the surname, name, patronymic of the employee in accusative and his payroll number. Then indicate - temporary transfer or permanent.

After that, fill in the props "Former place of work." Indicate the former structural unit and position of the employee. Then reflect the reason for the move. For instance:

employee initiative,

the vacancy of the position

Then fill in the details "New place of work" - indicate the new department, department, position and salary of the employee. If an additional agreement, in addition to the salary, establishes an allowance or a district coefficient for the employee, their amount is also reflected in the order.

How to fill in other details of the transfer order, read.

In column 2 of the section "Information about work" enter the date from which the employee is transferred to another position. In column 3, you need to make the entry itself, indicating the position to which the employee is moving. If the structural unit that was indicated in the employment contract changes, this is also reflected in work book. Column 4 indicates the details of the transfer order (its date and number).

Information about the transfer, regardless of its type, is also entered in section III of the employee's personal card (sample below). The employee must be familiarized with this record under the signature.

Read more about this (with samples of registration of personnel documents).

Temporary transfer to another position becomes permanent

Often employers want to check if an employee can handle a new job before assigning him to a new position. It is impossible to set a test in this case, but you can offer to work in a new position for a predetermined period. For example, they register an employee for two or three months for a new position, and if he does not cope, they return him to his previous job.

To transfer an employee, send him an offer with the terms of the transfer and get his written consent. Draw up an agreement to employment contract and issue an order. Familiarize the employee with the document under signature and make an entry in the personal card.

If you are convinced that the employee is coping with the position and he himself agrees to continue working in the new conditions, issue a permanent one instead of a temporary transfer. To do this, issue an order in any form and draw up an agreement to the employment contract on recognizing the temporary transfer as permanent.

Transfer to another position from the head office to the region

If the company is located in one region, and employees are transferred to another subject of the Russian Federation, the employer must notify employees of upcoming changes at least two months in advance. Workers who do not agree to the transfer should be offered available vacancies in the area that match their qualifications. Those who do not agree to continue working in the new conditions, dismiss under paragraph 7 of the first part of Article 77 of the Labor Code. The admissibility of such an approach is confirmed by judicial practice.

Such transformations are not the relocation of the employer to another locality, they are referred to as organizational changes in working conditions. Therefore, it is necessary to change the place of work of employees in accordance with the rules of Article 74 of the Labor Code. In such a situation, employees cannot be fired under paragraph 9 of the first part of Article 77 of the Labor Code.

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How to pay for a temporary transfer

Situation	How to pay
Temporary transfer under emergency circumstances without the consent of the employee	The employee is paid for the work performed, but not less than the average earnings for the previous job (part four of article 72.2 of the Labor Code of the Russian Federation)
For a lower-paid position according to a medical report	The employee is kept the average wage previous work within one month from the date of transfer (Article 182 of the Labor Code of the Russian Federation)
In connection with an employment injury, occupational disease or other damage to health that is related to work	The employee retains the average earnings for the former job until the moment when he is diagnosed with a permanent loss of professional ability to work or until he recovers (Article 182 of the Labor Code of the Russian Federation)
A pregnant employee is transferred to a job that excludes the impact of adverse production factors	The employee retains the average earnings from her previous job (part one, article 254 of the Labor Code of the Russian Federation)
A woman with children under one and a half years old cannot do her job	The employee is paid for the work performed, but not lower than the average earnings for the previous job (part four of article 254 of the Labor Code of the Russian Federation)
In connection with the administrative suspension of the company or a temporary ban on activities due to violations of labor protection admitted through no fault of the employee	The employee is paid for the work performed, but not less than average earnings according to the previous work (part three of article 220 of the Labor Code of the Russian Federation)

Thus, the transfer to another position implies that the employee's job function is changing. Therefore, it is possible (except for temporary transfer due to emergency) only with the consent of the employee. When transferred to without fail an order is issued, an entry is made in the work book (with a permanent transfer) and a personal card.

In the activities of almost every enterprise, there is a need to transfer their employees to another position. According to the law, with this type of transfer of an employee, the management of the enterprise does not have the right to unilaterally change labor functions without filling out an application. It, among other things, contains an important one - this is the rationale for the necessity of the reasons for the transfer. However, there are situations where this is not required. Consider all the features of this procedure.

Transfer to another job may be required in the following situations:

employee initiative;
enterprise management initiative;
downsizing of the employing organization;
medical indications;
territorial movement of the organization.

Change of job (position held) can be made on a temporary basis or on permanent basis. A worker can be transferred both within one organization, for example, when moving from one unit to another, and outside the enterprise. When moving from one enterprise to another, the consent of the current manager is required. If it is not received, the employee has the right to terminate labor Relations at the current place of work, and then find a job at another enterprise. However, this will no longer be a translation.

In accordance with Art. 72 of the Labor Law, both the employee and the employer can initiate a permanent transfer within the same organization.

Reasons for transferring to another position, in addition to the above situations, may be the following:

Increase or decrease in production volumes;
Personnel movements in connection with the career growth of employees;
According to the results of the conducted, when the staff is moved to a lower or higher position;
According to the results medical examinations or evidence, etc.

If the initiative comes from the employee, then he needs to draw up an application for transfer to another position. It is also required if the initiative comes from the employer. In such a situation, a written consent (instead of a statement) may be obtained from the employee. The exceptions are situations where transfers occur due to medical indications or in connection with a reduction in the size of the organization, where the consent of the employee is not always required.

Upon receipt of an application at the initiative of the worker, the management of the enterprise must consider and motivate him decision. At the same time, the terms of the employment contract, the qualifications of the applicant, the opinions of the current and potential heads of departments are taken into account. One of the main points in the issue of satisfying the applicant's request is the availability of organizational and technical equipment required to take on a new position.

Temporary transfers

Distinguish the following situations, under which a temporary transfer can be carried out:

As a result of an agreement between the employee and the employer. It is concluded for no more than a year.
When temporarily replacing a specialist who is absent from the workplace. In those situations where, according to the law, the absent employee retains his job (until he returns to his duties).
As a result of force majeure, industrial accidents and other incidents that threaten the life or health of the population. In such situations, an employee may be transferred for a period not exceeding 1 month without obtaining written consent to perform work to eliminate the consequences or prevent these accidents.
Due to changing health conditions.

The last point concerns situations during pregnancy of employees. If there is a statement from a pregnant woman, and a medical certificate is provided, then the employer must reduce the rate of production or the length of the working day, or transfer the employee to another workplace, which would exclude unfavorable conditions for health. At the same time, the average salary is not reduced.

The procedure for transferring an employee to another position in the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation, the transfer to another position must be carried out in a certain order. Conventionally, this whole process can be divided into two stages. The first is preparatory, and the second is drafting necessary documentation.

Preparation for translation is as follows:

Drafting immediate supervisor(representation). This document indicates the reason for the movement of the employee, it is also necessary to enter the personal data of the worker.
Coordination with the management of the enterprise. The memorandum or presentation shall bear the signature of the head of the enterprise.
The employee is provided with a notice of transfer to another position, a sample of which has a free form of compilation.
The employee writes an application or consent to join a new position. The application is drawn up in the name of the head, it contains the name of the enterprise, information about the employee, both positions are indicated, the date and signature are affixed.

The second stage consists in drawing up and signing by the parties of the necessary documentation. Consider how to arrange the transfer of an employee to another position correctly. For this, the following documents are required:

Annex in the form of an additional agreement. This document is drawn up in duplicate and signed by both parties (the management of the enterprise and the employee). One copy is attached to the employment contract, the second is given to the employee. It contains information about the new position (salary, working conditions, structural unit, etc.).
An order to transfer to another position, where the employee must put a mark on familiarization. The form of the order for transfer to another position (form No. 5a, No. T-5) is drawn up in accordance with GOST R 6.30-97 and is drawn up in one copy (a certified copy can be issued to the employee at his request).

Sample order for transfer to another position in the form No. T-5

In the event that an employee is transferred to a new position on a permanent basis, appropriate entries must be made in his work book and personal file (No. T-2).

Transfer of an employee to another position can be made both at the initiative of the employer, and at the request of the employee himself.

There are certain established rules for transferring to another position.

Firstly, the transfer to another position at the initiative of the head of the enterprise can be carried out only with the consent of the employee. This is especially important if the employee is transferred to a job that requires a different qualification. There is very important point. If an employee is transferred to a place with a lower pay, then within a month the employer is obliged to protect his previous earnings. But if a position with a higher salary is provided, the employer's obligation is to immediately issue a new salary.

The sequence of actions of the employer in case of transfer to another position of an employee:

In advance (2 months) before the transfer, notify the employee in writing. At the end of this period, the employee must give a positive or negative answer to the proposal to change working conditions;

With the consent of the employee, this must be recorded in writing. The employee writes an application for transfer to another position or puts his signature under the order for transfer to another position;

If the employee refuses to transfer, the employer has the right to dismiss him, paying severance pay and compensation for unused vacation.

If the transfer of an employee involves his moving to another region, an additional obligation of the employer is to bear the costs of moving and transporting the property of the employee and his family.

V Labor Code lists situations in which transfer to another position can be carried out without the consent of the employee - to prevent industrial accidents, accidents, disasters, damage or destruction of property, downtime, replacement of an absent employee.

But even in this case, when transferring to a position with a lower qualification, the consent of the employee is required.

When transferring to another position in these situations, the following deadlines must be observed:

Transfer term - no more than one month;
- transfer to replace an absent employee - no more than one year.

Some cases provide for the transfer at the initiative of the employee to a lighter work regime - pregnancy, raising a child up to one and a half years old, health status, work-related injuries and injuries received in the performance of official duties.

Such a transfer is carried out on the basis of a medical report and a statement from the employee.

In the event that the employer this moment cannot transfer a pregnant woman to work with facilitated conditions, then until the moment such an opportunity arises, she must be relieved of her duties while maintaining the payment of the average monthly wage.

Documentation of the transfer of an employee to another position is carried out as follows:

If the transfer occurs at the initiative of the employee, he writes an application for transfer to another position addressed to the head of the organization;

An additional agreement to the employee's employment contract must be drawn up containing a list of new working conditions;

The personnel department issues an order for an employee on

Transfer to another position is one of the most common personnel procedures. Usually they resort to it with an increase, structural changes within the organization, a deterioration in the health of the employee, etc. At the same time, the transfer procedure established by law must be observed: conclude an additional agreement with the employee to the employment contract, issue an order, make an entry in the work book (if necessary ) and a personal card.

Types of transfers to another position

Transfer to another position can be permanent or temporary. A permanent transfer is of an unlimited nature, a temporary one is always determined by some period or event.

When a temporary transfer is carried out by agreement of the parties, its term cannot exceed one year. But if you need to replace a temporarily absent employee (for example, on maternity leave), the end of the transfer period is determined by the moment this employee enters work ( part one, art. 72.2 of the Labor Code of the Russian Federation).

If the employer temporarily transfers an employee to another job without his consent due to downtime, the need to prevent a natural or man-made disaster, an industrial accident, an industrial accident, etc., then the period of such a transfer cannot be more than one month (part second, third article 72.2 of the Labor Code of the Russian Federation) 1 .

There are situations when an employee needs to be transferred to another position for medical indications 2. In this case, it can be issued (Article 73 of the Labor Code of the Russian Federation):

Temporary transfer for up to four months;
- temporary transfer for a period of more than four months;
- permanent translation.

When transferring to another position, the labor function of the employee changes, that is, the range of his duties. The initiator of the transfer can be both an employee and an employer.

Translation by agreement of the parties. Since when transferring to another position, the labor function and the terms of the employment contract change, this is allowed, as a general rule, by agreement of its parties (Article 72 of the Labor Code of the Russian Federation). If the employee and the employer have no disagreements regarding the terms of the transfer, it can be formalized directly by concluding an additional agreement. It is not necessary to receive a statement from the employee.

If the employee has only read the order, then this cannot be considered a written consent to the transfer. Consent must be obtained before issuing an order in the form of a signature on a notice or supplementary agreement.

Transfer initiated by the employee. When the employee himself proposes to transfer to another position, he writes a corresponding application and sends it to the employer. If the manager agrees, they draw up an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation). Then they issue an order, make an entry in the work book (on a permanent transfer), a personal card.

Transfer initiated by the employer. If the transfer is offered by the employer, he sends the employee a proposal (notice) on the transfer, drawn up in any form, and must obtain from him a written consent to the transfer. Most often, the employee expresses his consent in the form of a mark on the notification “I have read the notification. I agree to the translation. Date. Signature". Also, consent can be expressed in the form of a mark on the supplementary agreement.

We conclude an additional agreement on the transfer to another position

After the parties have agreed on the transfer, it is necessary to sign an additional agreement with the employee (sample below). It must indicate the date (1) and place of conclusion (2) of the agreement, the full and abbreviated (if any) name of the employer (3), last name, first name, patronymic of the representative of the employer and the document on the basis of which he acts (4), last name, name, patronymic of the employee (5).

The agreement also indicates the clauses of the employment contract that are being amended (6), the date from which the employee is transferred to a new position (7), the new name of the position and (if necessary) structural unit(8) , employee salary (9) , new official duties (10) .

The document is drawn up and signed in duplicate. One remains with the employer, the second is given to the employee (11). The parties seal the agreement with their signatures (12) . On the part of the employer, as a rule, the seal of the organization is put on the document (13). To avoid possible disputes, ask the employee to sign and date his copy of the agreement (14) .

We draw up an order for transfer to another position

After signing the supplementary agreement, it is necessary to prepare an order for transfer in a unified form No. T-5 (No. T-5a) or otherwise approved by the head of the organization (sample below). The order must indicate the full and abbreviated (if any) name of the organization (15), number (16) and the date of preparation of the document (17).

If the transfer is permanent, then the order indicates only the date from which the employee is transferred to a new position (18). If the transfer is temporary, then also reflect the expected date of its completion.

When transferring to another position, it is impossible to set an employee probation, even if the new position requires more qualifications (Article 70 of the Labor Code of the Russian Federation). If there are doubts about how the employee will cope with the new position, then a temporary transfer can be issued for up to one year (part one, article 72.2 of the Labor Code of the Russian Federation).

Also, the surname, name, patronymic without abbreviations (19) and the employee's personnel number (20) are entered in the order. Then the type of transfer is noted (“permanently” or “temporarily”) (21) , the former structural unit (22) and the old position (23) .

After that, the reason for the transfer is indicated (the employee's initiative, the vacant nature of the position, the replacement of a temporarily absent employee, etc.) (24), then the new department (25), the new position (26) and the new salary (27) of the employee. If a unified form is filled out or created on its basis, the details of the document that caused the transfer (additional agreement to the employment contract, employee's statement, etc.) are entered in the column "Basis" (28) . The completed order is signed by the head of the organization (29) and the employee (30).

We make a record of the transfer in the work book and personal card

As noted above, an entry about the transfer is made in the work book if it is permanent ( part four of Art. 66 Labor Code of the Russian Federation) (sample below). The record is assigned serial number(31) . The name of the organization does not need to be repeated. In column 2 of the section "Information about work" enter the date from which the employee is transferred to another position (32). In column 3, you need to make the entry itself, indicating the position to which the employee is being transferred (33). If the structural unit changes, this is also reflected in the work book (34). In column 4 indicate the details of the transfer order (35).

Fixing in practice

Complete the forms using the following conditions.

On March 18, 2015, the secretary of the administrative department of Grand LLC Nadezhda Anatolyevna Kadina (personnel number 52), on March 18, 2015, gave written consent to the transfer from March 20, 2015 to the position of HR department inspector of Grand LLC with a salary of 25,000 rubles due to the need to replace Maria Shilina Pavlovna, who is on parental leave until July 15, 2016. Amendments were made to Kadina's employment contract dated June 16, 2004 No. 46-TD by an additional agreement dated March 20, 2015.

Transfer to another job is a fairly common personnel procedure. However, the whole process is clearly regulated by the rules labor law. Knowing the requirements of the law for the execution of the translation will help to avoid litigation with employees. It will also help to 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 for this case. Also, attention is paid to the execution of documents when transferring to work for another employer.

Read 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. Business needs, skill development or personnel changes may necessitate the transfer of an employee.

The difference between a transfer to another job and a transfer

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

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 a change in the position itself, it can remain the same. Distinctive feature transfer will change the key terms of the employment contract.

It is this fact that caused the need to obtain the written consent of the employee. Employment and transfer to another job is possible only by agreement of the parties. Otherwise it will be against the law.

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

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

Transfer to another job and relocation distinguishes from each other the impact on the terms of the employment contract.

Let's look at examples:

1. In the employment contract A. It is said that she was accepted as an operator in branch No. 1 of bank C. The expansion of the geography of service made it necessary to appoint her, as an experienced employee, to the newly opened branch No. 10 for the same position of an operator. This is a transfer, as one of the conditions of the employment contract changes. And it requires the consent of A.

2. Adjuster B., at the request of the management, changed workshop No. 2 to workshop No. 4, located on a neighboring street, but remained in the same position specified in his employment contract. This is a displacement, since, apart from the position in space, nothing has changed for B.. Consent to such a change is not required.

Types of transfers to another job

Changes in labor functions are usually classified 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 and external. In the first case, the employee remains in the same organization, even if the structural unit or locality where his workplace is located has changed. The procedure for personnel registration in this case will be general, we will consider it below.

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

Initiative and forced transfers

The basis for the initiative change of labor functions will be:

the wish of the worker
employer's order
or the petition of the trade union committee.

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

Forced changes in labor functions occur if the law insists on them. For example, in case of medical contraindications. Or, if the result of the certification does not give the employee the right to hold the position 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

An employee's function can be changed permanently. But sometimes a temporary change of 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 a temporary feature change is one year. After that, the employee returns to the previous position.

Some changes may only be temporary. For example, the so-called "easy work" for a pregnant woman. After the end of her maternity leave, she should be returned to her previous position.

Scheduled and emergency transfers

The decision to transfer, as a rule, is made within a certain time. The employer and employee weigh all its pluses and minuses. 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 a natural or man-made emergency. Or in cases where it is required to urgently save the employer's property from damage.

Transfer to another job with the consent of the employee and without it

As a general rule, the written consent of a person 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 require the consent of employees. They are set out in Art. 72.2 of the Labor Code of the Russian Federation. It refers to 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.

In the event of the occurrence of these circumstances that jeopardize life, health or safety a large number people to 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 within or outside the same locality

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

Therefore, the employer is obliged to notify employees in advance of such changes. For those of them who agree to move, a change of place of work is issued. 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

A change in the labor function of an employee is possible for a short period of time. The law establishes it to be equal to a year under normal conditions and a month in the event of various emergencies.

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

Change is not possible even temporarily if new job poses a threat to the health of the employee and is prohibited by his medical certificate.

In this case, the contract is not renegotiated. Instead, an additional agreement is drawn up.

This means that with such a transfer it is impossible to establish a probationary period. It is possible only with the initial employment. But such an agreement must include a condition on the duration of its validity. This can be either a specific date or a specific condition, for example, an absent employee coming to 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 emergency circumstances, written consent should only be obtained when a job is offered that requires lower qualifications and lower wages.

Such a change, even if it is important for the employee's career growth, is not reflected in his work book. But in the future, at the request of the employee, he may be issued 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 mandatory.

If the transfer period has expired, and the previous position has not been provided, 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 invalid.

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 from which it was actually carried out.

Transfer to another job for medical reasons

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

A change in the labor function for medical reasons can be not only temporary, but also permanent. But in any case, this requires the consent of the employee. Presenting a medical document is not. Agreeing to a transfer is a right, not an obligation, of an employee.

But first, the employer must decide what to do with this employee. It all depends on how long the health restrictions arose and whether there are suitable vacancies in the organization.

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

In case of refusal, and also if suitable job not currently, the employer has two options:

. But this is only possible 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 charged, although the position is retained by him. The length of service giving the right to leave does not include the time of suspension.
Terminate employment with such employee. Article 77 of the Labor Code of the Russian Federation provides a similar basis for terminating the contract. Upon dismissal, severance pay is paid. 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 a smaller direction.

An exception is provided for a pregnant woman or mothers whose child is under 1.5 years old. With a decrease in production standards for her or work in a lower position, she retains the average earnings in her previous position (Article 254 of the Labor Code of the Russian Federation).

Transfer to another job in another organization

Dismissal in the order 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:

the exceptionally permanent nature of the job change;
termination of the employment contract.

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

With the consent of the head, he signs the application. Based on the resolution, an order is drawn up in the T-8 form. The date of dismissal in it and in the employee's statement must match. 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 dismissal of one's own free will. With the exception of 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 as a transfer cannot be placed on probation;
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 to the statement. In this case, the employee has the opportunity to quit of his own free will or.

Transfer to another job in the same organization

Transfer to another job in one organization usually implies a change in position. The case when the position simply changes its name (for example, manager-manager) will not be considered a transfer.

The unit specified in the employment contract may change. Sometimes simultaneous, and places of work are possible.

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

At the same time, the position and unit 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).

In this case, the employee himself can act as the initiator. 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, an application is written to the head of the organization. It should reflect the name of the desired position and the reasons why the choice should be stopped on the applicant.

The offer to transfer can also come from the employer. As a rule, this is a higher position. But there are also reverse situations. For example, if, following the results of certification, the employee showed not too good result. Or in cases where the reason for the change is a medical opinion.

Any change in labor functions within the organization requires the written consent of the employee. With the exception of temporary transfer, which is carried out in emergency situations.

The refusal of an employee will not be a violation of discipline, this is the right that he used. Therefore, under normal conditions, the employer has no basis for imposing disciplinary action. Although at certain conditions, refusal to transfer could eventually lead to dismissal

Under normal conditions, the termination of the employment contract, that is, dismissal, does not occur when transferring to another job. The employment relationship continues, albeit under new conditions. 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 claims to the legality of the procedure.

Step 1. Showing 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 agrees to transfer to another job in the form of an application.

Step 2. Familiarize the employee with the new job descriptions and others local acts regarding his new work.

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

Step 3. Signing an additional agreement.

Insofar as we are talking about changes occurring with the same employer, then in an employment contract on transfer to another job. The contract is not terminated, which would mean dismissal.

Step 4. Issuing an order.

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

Step 5. Familiarizing the employee with the order.

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

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

These entries are made by the employee responsible for maintaining the books and cards on the basis of the order. This translation can be considered complete.

Making a transfer to another job

During this procedure, a number of documents are drawn up. Since we are talking about changes to the main document regulating the relationship between the employer and the employee - the employment contract, it is worthwhile to approach the preparation of all documents with special care.

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

The main documents to be issued personnel service, will be:

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

Transfer offer and consent to it

A formal written offer from an employer usually includes a description. May also be applied job description. The notification receives an outgoing number and is logged.

The employee must express his consent in writing. This may be an “Agree” mark, certified by a 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 service. 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. The 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 period that the employee will have to occupy it.

An additional agreement is the basis for issuing an order to transfer to another position, sample 2017. Among 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 personnel records to be kept in full compliance with the requirements of the law.

Entries in the work book and personal card

Completes this procedure making entries about him in the work book and personal card. Both documents indicate the number of the transfer order as the basis. An entry in the work book is made after the entry for employment. It includes the date, an 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 the employee to it against signature.

Refusal of an employee to transfer to another job

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

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 an employee (clause 3, article 77 of the Labor Code of the Russian Federation);
refusal to change the terms of the contract (clause 7, article 77 of the Labor Code of the Russian Federation and article 74 of the Labor Code of the Russian Federation);
refusal to transfer for medical reasons (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).

The transfer of an employee is an absolutely normal practice adopted all over the world. It consists in changing the initial terms of the employment contract on the position of the employee or his place of work. The reason and type of translation is largely determined by how.

Failure to comply with the procedure established by labor legislation or negligence in the preparation of documents may lead to the recognition of a transfer or dismissal if it is refused illegal. The dismissed employee will be reinstated, and the employer will pay him legal costs, forced absenteeism and compensation for non-pecuniary damage.

The exceptional case when the employer may not ask the consent of the employee 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 issued on the basis of an additional agreement concluded with employees. Labor contract while not being dissolved.

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