1. Article 72.1 of the Labor Code of the Russian Federation defines the concepts of “transfer to another job” and “relocation”. Transfer to another job in accordance with the commented article is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area together with the employer. As follows from the content of the above norm, a change in other conditions determined by the employment contract (for example, working hours, wages) does not constitute a transfer to another job.
Transferring to another job, as well as changing other determined by the parties terms of the employment contract, is possible only with the written consent of the employee. An exception to this rule is allowed only in the cases specified in Part 2 and Part 3 of Art. 72.2 (see commentary to them).
If a transfer to another permanent or temporary job with the same employer is carried out without the written consent of the employee, but he has started performing another job, such a transfer may be considered legal. However, the employee's performance of other work does not relieve the employer of the obligation to obtain written confirmation from the employee of such consent to the transfer.
In cases where an employee transferred to another job with the same employer has begun performing this work, but believes that the transfer was carried out in violation of the law, he can appeal the illegal transfer to the labor dispute resolution authorities.
2. Transfer to another permanent job or a temporary transfer to another job with the same employer, as well as a transfer to a permanent job in another area together with the employer, are formalized by order (instruction) of the employer.
When transferred to work in another area, employees are paid appropriate compensation: the cost of travel for the employee and his family members, the cost of transporting luggage, expenses for settling in a new place, etc. The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (see commentary to Art. 169).
Another area should be understood as an area outside the administrative-territorial boundaries of the relevant settlement(Clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).
A transfer to work from one locality to another, even within the same administrative district, is considered as a transfer to another locality, regardless of the availability of a bus or other regular service between these points.
The employee’s refusal to be transferred to another location together with the employer is grounds for termination of the employment contract with him under clause 9 of Art. 77 TK. Refusal to transfer to a branch or representative office of an organization located in another locality cannot be grounds for termination of an employment contract with an employee if the employer himself does not move to this other locality (see commentary to Article 77).
When employees are dismissed due to refusal to be transferred to another location, together with the employer, they are paid severance pay in the amount of 2 weeks' average earnings (Part 3 of Article 178 of the Labor Code).
3. A transfer to work for another employer can be carried out at the request of the employee set out in writing, or with his written consent, if the initiative in the translation comes from the employer (Article 72.1 of the Labor Code of the Russian Federation).
Transfer to a permanent job with another employer entails a change in one party to the employment contract, therefore it is considered by the legislator as independent basis termination of the employment contract (clause 5 of article 77 of the Labor Code). An employee invited to work in writing by way of transfer from another employer cannot be denied an employment contract within one month from the date of dismissal from his previous place of work (see commentary to Article 64). IN work book In this case, the employee's dismissal and hiring records are made, indicating the order in which the dismissal was carried out in connection with the transfer - at the request of the employee or with his consent (clause 6.1 of the Instructions for filling out work books).
4. Transfer to another permanent job or temporary transfer to another job with the same employer is possible under various circumstances. In this case, the initiative for transfer can come from both the employer and the employee himself (for example, due to the fact that he has improved his qualifications).
In a number of cases, the employer has an obligation to transfer the employee with his consent to another job, for example, in the case when the employee needs, in accordance with a medical report, to be provided with another job (see commentary to Article 73).
In cases where the job to which the employee is transferred in accordance with a medical report is lower paid, the employee retains his previous position. average earnings within a month from the date of transfer, and in case of transfer due to a work injury, occupational disease or other work-related health damage - until permanent disability is established or until the employee recovers (see commentary to Article 182).
In certain cases provided for by law, the employer is obliged to offer the employee a transfer to another job. Such an obligation may arise, for example, in the event of a reduction in staff, if the employer has another job for the employee subject to reduction (see commentary to Part 3 of Article 81). The employer is obliged to offer another job available to a person who, based on the results of certification, is recognized as not suitable for the position held (see commentary to Article 81).
5. From the transfer of an employee to another job, one should distinguish his transfer from the same employer to another workplace, to another structural unit located in the same area, assignment of work on another mechanism or unit. Such a move, in accordance with Part 3 of Article 72.1 of the Labor Code of the Russian Federation, does not require the consent of the employee if this does not entail a change in the terms of the employment contract determined by the parties (see commentary to Article 57).
In other words, a change in a workplace or structural unit can be recognized as a relocation only if, when concluding an employment contract, this specific workplace (mechanism, unit) or structural unit was not specified and is not provided for in the employment contract. If a specific workplace (mechanism, unit) or structural unit is specified in the employment contract, then it is his prerequisite and, therefore, can only be changed with the written consent of the employee.
Structural divisions should be understood as branches, representative offices, as well as departments, workshops, areas, etc. (Clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2).
Current version of Art. 72 of the Labor Code of the Russian Federation with comments and additions for 2018
Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
Commentary on Article 72 of the Labor Code of the Russian Federation
1. Chapter 12 of the Labor Code of the Russian Federation contains provisions regarding changes to the employment contract. In relation to any employment contract concluded between an employee and an employer, such a change should be understood as a change in one or more conditions originally contained in it, both basic and additional (see Article 58 of the Labor Code of the Russian Federation and the commentary thereto).
Changing an employment contract represents a stage in the dynamics of the employment relationship (optional, in contrast to the conclusion and termination of an employment contract).
The conclusion of an agreement is the most in a simple way changes to the employment contract. It is preceded by the initiative of one of the parties - the employer (related, for example, to a change in place of work in connection with a move to new office) or an employee (including an increase in wages).
It does not matter of fundamental importance on whose initiative this happens. The main thing is that both the employer and the employee agree with the changes. Before signing the agreement, they must independently assess their capabilities and readiness to fulfill the employment contract on new terms. It is important to remember that each party to an employment contract has the right to both satisfy the request of the other and to refuse it.
As a result of changes in the employment contract by agreement of the parties, the employee’s position may worsen (in particular, with a decrease in wages). However, in any case, when changing the employment contract (as well as when concluding it), the employee’s position should not worsen in comparison with the guarantees established by labor legislation and other regulations. legal acts, containing norms labor law, collective agreement, agreements, LNA.
2. In practice, many questions are raised by the possibility of extending by agreement of the parties an employment contract concluded for a certain period (see Articles 58, 59 of the Labor Code of the Russian Federation and the commentary thereto). According to Art. 58 of the Labor Code of the Russian Federation in the case when neither party requested termination of a fixed-term employment contract due to its expiration, and the employee continues to work after the expiration of the employment contract, the condition urgent the employment contract becomes invalid, employment contract is considered concluded for an indefinite period.
However, a situation is possible when both the employee and the employer only want to increase the duration of the previously deadline in certain articles 58 of the Labor Code of the Russian Federation within the framework (for example, from one year to three years). The Labor Code of the Russian Federation does not establish any prohibition on changing the term of a fixed-term employment contract, but there is no consensus on such a possibility. It seems that it is more expedient to resolve this issue by re-concluding a fixed-term employment contract with the employee after the termination of the previous one.
3. According to the commented article, the agreement can transfer the employee to another job. About permanent and temporary transfer, providing for the consent of the employee, is discussed in Art. 72.1, paragraph 1 of Art. 72.2 Labor Code of the Russian Federation.
In addition, a transfer is possible due to circumstances beyond the control of the parties to the employment contract.
Thus, among the cases when an employment contract is subject to termination due to circumstances beyond the control of the parties, the reinstatement of an employee who previously performed this work by decision of the state labor inspectorate or court is highlighted. However, termination of an employment contract by this basis is allowed only if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his state of health.
The employer, by virtue of the requirements of the law, is also obliged, if he has such an opportunity, to provide the employee with another job, in particular in connection with the organization’s measures to reduce the number or staff of employees (Part 2 of Article 81, Part 1 of Article 180 of the Labor Code of the Russian Federation ).
Article 254 of the Labor Code of the Russian Federation stipulates that pregnant women, in accordance with a medical report and at their request, have production standards, service standards reduced, or these women are transferred to another job that excludes exposure to adverse health conditions. production factors, while maintaining the average earnings from the previous job.
Also, according to Art. 73 of the Labor Code of the Russian Federation, an employee who needs to be transferred to another job in accordance with a medical certificate issued in in the prescribed manner, with his written consent, the employer is obliged to transfer him to another job available to the employer that is not contraindicated for the employee due to health reasons.
Therefore, in all these cases implies the conclusion of an agreement between the employee and the employer to change the employment contract. The employer, upon identifying facts indicating the need to transfer the employee to another job, must immediately initiate the process of concluding this agreement. To do this, it is advisable to give the employee, against receipt, a written proposal to transfer to another job (if such a job exists). If the employee agrees to such a transfer, an agreement will be concluded to amend the employment contract.
4. The terms of the employment contract are changed by concluding an agreement, with the exception of cases provided for by the Labor Code of the Russian Federation. Such cases include:
- temporary transfer of an employee to another job without his consent for a period of up to one month in the event of emergency situations that threaten the life or normal living conditions of the entire population, or when they cause downtime, the need to prevent destruction or damage to property or to replace a temporarily absent employee (see Article 72.2 of the Labor Code of the Russian Federation and commentary thereto);
- a change in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions, in which it is permissible to change the employment contract with an employee at the initiative of the employer (see). So, if the employer, based on its interests, insists on changing the employment contract (for example, on introducing a part-time working regime), and the employee is against such changes, then the agreement will not take place, but the employer may consider carrying out the procedure for changes in the manner determined Art. 74 Labor Code of the Russian Federation.
We are also talking about the possibility of involving an employee to work on weekends and non-working days. holidays without his consent in case of emergency. This rule is an exception to the general rules established by the Labor Code of the Russian Federation and conflicts with the terms of the employment contract, which classify such days as rest time. Likewise, in Art. 99 of the Labor Code of the Russian Federation talks about attracting an employee to overtime work without his consent.
In these cases, an agreement to amend the employment contract is not required.
5. An agreement to change the terms of the employment contract determined by the parties is concluded in writing. In such an agreement, as in an employment contract, the following should be indicated:
- last name, first name, patronymic of the employee and name of the employer (last name, first name, patronymic of the employer - individual) entering into an agreement;
- information about documents proving the identity of the employee and the employer - an individual;
- information about the employer’s representative who signed the agreement, and the basis on which he is vested with the appropriate powers;
- place and date of conclusion of the agreement.
The agreement must also indicate the details of the employment contract to which changes are being made - number, date. It is necessary to clearly and unambiguously describe what the essence of the changes being made is, for example, indicating new position employee, a new address at which he should perform his work function in the future, etc.
When preparing an agreement, it is necessary to take measures to prevent future disputes between the employee and the employer regarding changes to the terms of the employment contract. In order to indirectly confirm that the terms of the agreement were interpreted uniformly by the parties, it is advisable to refer in its text to the reason for changes in the employment contract (for example, the introduction of a trade secret regime at the enterprise, which, by mutual agreement of the parties, entailed the inclusion in the employment contract of a condition on non-disclosure by the employee, having access to relevant information, it is also advisable to indicate that the employee is familiar with the provisions on trade secrets before signing the agreement).
The agreement is drawn up according to the rules of legal technique (clauses of the employment contract are set out in a new edition, additions are made to them, or certain clauses, articles of the text are excluded, etc.).
Construction of the agreement large volume changes can be quite cumbersome. It is also possible for the agreement to withdraw the main part of the text of the employment contract and replace it with a new text. In any case, the employment contract originally concluded by the parties continues to apply here, subject to changes. In particular, it contains the start date of work for the employer, on which the employee once began performing his labor responsibilities(it cannot be changed by a subsequent agreement). This means that there is no termination labor relations with the employee, mediated by an employment contract, and their change by a concluded agreement.
The agreement is drawn up in two copies - one for each party, and signed by the employee and the employer. According to the rules set forth in Art. 67 of the Labor Code of the Russian Federation to the employment contract, one copy of the agreement is given to the employee, the other is kept by the employer. The employee's receipt of a copy of the agreement must be confirmed by the employee's signature on the copy of the agreement kept by the employer.
According to the general rule provided for in Art. 61 of the Labor Code of the Russian Federation in relation to an employment contract, an agreement to change its terms comes into force from the day it is signed by the employee and the employer. In this case, it is possible to indicate in the agreement itself the upcoming date of changes to the terms of the employment contract, which does not coincide with the date of conclusion of the agreement.
Of particular interest is the ruling of the Sverdlovsk Regional Court in case No. 33-11466/2012. The court considered a case where there was no agreement between the parties to change the terms of the contract in terms of increasing wages, as well as a new written employment contract with the employee. However wage was paid to the employee in an increased amount that did not correspond to the existing employment contract. The court found that this does not indicate that the wages established by the employer himself in the specified amount were paid to the employee illegally. This fact only indicates improper execution of personnel documentation in this organization.
Thus, the actions of the parties indicating a change in the terms of the employment contract were recognized as evidence of such a change even in the absence of an agreement in in writing(which is typical for Russian labor law).
Another comment to Art. 72 Labor Code of the Russian Federation
1. As follows from the contents of Chapter. 12 of the Labor Code, a change in an employment contract should be understood primarily as various types of innovations in the content and subject composition of the employment contract, including transfers to another job (Articles 72 - 74 of the Labor Code), as well as a change in the labor relationship due to a change in the owner of the organization’s property, a change in its jurisdiction or reorganization (Article 75 of the Labor Code) and, finally, removal from work (Article 76 of the Labor Code).
2. By virtue of the commented article, transfer to another job is associated by the legislator with a change in the terms of the employment contract determined by the parties (i.e., a change in the content of the employment contract). At the same time, not every change in the content of an employment contract is a transfer to another job, just as a transfer to another job is not always associated with a change in the content of the employment contract (see Article 72.1 of the Labor Code and the commentary thereto).
3. In its meaning, the commented article is related to Art. 60 TK. Both articles are aimed at ensuring stability of the terms of the agreement concluded by the parties, i.e. the principle of contract law “contracts must be performed”. Thus, changing the content of the employment contract in accordance with these articles is not allowed unilaterally, but as an exception to the general rule it is possible at the initiative of one party or a third party. All these cases are provided for by the Labor Code.
4. In accordance with the commented article, the terms of an employment contract can be changed only by agreement of the parties and only in writing. However, the method of formalizing a change in the terms of an employment contract depends on whether such a change is temporary or permanent.
The current practice of concluding a new employment contract in connection with a change in one or more working conditions (for example, due to a transfer to another position) cannot be considered correct, since the fate of the previous employment contract remains unclear. Consequently, in order to conclude a new contract, the parties must first terminate the old contract, which is hardly justified.
The formalization of a change in one or more conditions that make up the content of an employment contract with its previous subject composition should differ depending on whether such a change is temporary or permanent (see Articles 72 - 74 of the Labor Code and the commentary thereto).
If the change in the content of the employment contract is permanent, it is advisable to draw up an additional agreement to the contract, which interprets the agreement by the parties to change one or more conditions that make up its content.
In the event of a temporary change in the content of the employment contract, for example due to the occurrence of extraordinary circumstances or the need to replace a temporarily absent employee, consent to such a transfer can be achieved by issuing a transfer order, on which the employee makes a note of consent to the temporary transfer and seals it with his signature . At the same time, with temporary transfer, especially carried out on long term, another procedure for executing such a transfer is not excluded, including through the conclusion of an additional agreement to the employment contract.
Consultations and comments from lawyers on Article 72 of the Labor Code of the Russian Federation
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ST 72 Labor Code of the Russian Federation.
Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
Commentary to Art. 72 of the Labor Code of the Russian Federation
1. As follows from the contents of Chapter. 12 of the Labor Code of the Russian Federation, a change in an employment contract should be understood primarily as various types of innovations in the content and subject composition of the employment contract, including transfers to another job (Articles 72 - 74 of the Labor Code of the Russian Federation), as well as a change in the labor relationship due to a change in the owner of the organization’s property, changes in its jurisdiction or reorganization (Article 75 of the Labor Code of the Russian Federation) and, finally, removal from work (Article 76 of the Labor Code of the Russian Federation).
2. By virtue of the commented article, transfer to another job is associated by the legislator with a change in the terms of the employment contract determined by the parties (i.e., a change in the content of the employment contract). At the same time, not every change in the content of an employment contract is a transfer to another job, just as a transfer to another job is not always associated with a change in the content of the employment contract (see Article 72.1 of the Labor Code of the Russian Federation and the commentary thereto).
3. In its meaning, the commented article is related to Art. 60 Labor Code of the Russian Federation. Both articles are aimed at ensuring stability of the terms of the agreement concluded by the parties, i.e. the principle of contract law “contracts must be performed”. Thus, changing the content of the employment contract in accordance with these articles is not allowed unilaterally, but as an exception to the general rule it is possible at the initiative of one party or a third party. All these cases are provided for by the Labor Code of the Russian Federation.
4. In accordance with the commented article, the terms of an employment contract can be changed only by agreement of the parties and only in writing. However, the method of formalizing a change in the terms of an employment contract depends on whether such a change is temporary or permanent.
The current practice of concluding a new employment contract in connection with a change in one or more working conditions (for example, due to a transfer to another position) cannot be considered correct, since the fate of the previous employment contract remains unclear. Consequently, in order to conclude a new contract, the parties must first terminate the old contract, which is hardly justified.
The formalization of a change in one or more conditions that make up the content of an employment contract with its previous subject composition should differ depending on whether such a change is temporary or permanent (see Articles 72 - 74 of the Labor Code of the Russian Federation and the commentary thereto).
If the change in the content of the employment contract is permanent, it is advisable to draw up an additional agreement to the contract, which interprets the agreement by the parties to change one or more conditions that make up its content.
In the event of a temporary change in the content of the employment contract, for example due to the occurrence of extraordinary circumstances or the need to replace a temporarily absent employee, consent to such a transfer can be achieved by issuing a transfer order, on which the employee makes a note of consent to the temporary transfer and seals it with his signature . At the same time, with a temporary transfer, especially one carried out for a long period, a different procedure for executing such a transfer is not excluded, including through the conclusion of an additional agreement to the employment contract.
Article 72 of the Labor Code of the Russian Federation establishes how the terms of the contract between an employer and an employee can be changed, as in the case of a transfer the latter to a new workplace, and without it.
Change of employment contract
According to Article 72 of the Labor Code of the Russian Federation, the working conditions agreed upon by the employee and the employer when concluding an employment contract may be changed. At the same time, changes introduced by the employer should not, unreasonably and without appropriate compensation, lead to a deterioration in the employee’s position, either in terms of working conditions, or in terms of official status, or financially.
Under a change in the terms of an already concluded contract Article 72 of the Labor Code of the Russian Federation implies not only a change in schedule or technical equipment at the employee’s workplace, but also his transfer to another job. Such a transfer can be carried out in two ways: either the employee moves to perform new duties while working in the previous organization, or performs the same work in a new geographical area, where he moves with the employer.
Wherein Article 72 of the Labor Code of the Russian Federation requires that any change in the provisions of the employment contract concluded between the employee and the employer occurs only by mutual consent. If they were unable to reach agreement on this issue, the employment contract terminates and the employee resigns.
If the employee accepts the employer's proposal to change the existing provisions of the employment contract, an agreement is concluded between them, as required Article 72 of the Labor Code of the Russian Federation, in a written form. This requirement is an additional social guarantee of respect for the rights of the employee.
In what cases is the employee’s consent not required?
In the same time Article 72 of the Labor Code of the Russian Federation allows situations to arise in which the employee’s consent to change the working conditions established by the contract is not required. For example, in the event that an employee, by order of the employer, moves to another workplace within the organization or to its separate division in the same geographic area, but while maintaining the rights and obligations specified in the employment contract.
As stated in Article 72 of the Labor Code of the Russian Federation, this kind of situation is provided for by the Labor Code of the Russian Federation, that is, their list can be considered exhaustively presented in the legislation.
Thus, Article 72 of the Labor Code of the Russian Federation refers us to a number of relevant articles of the Labor Code of the Russian Federation, in particular to Articles 72.1 and 72.2 of the Labor Code of the Russian Federation of the new edition, which correspond to the old edition of the Article 72 of the Labor Code of the Russian Federation and relate to the employee’s transfer to another job, including without his consent.
An analysis of these and other provisions of the Labor Code of the Russian Federation concerning changes in the working conditions of an employee that occur without his consent shows that their main causes are recognized by the Labor Code of the Russian Federation as situations of increased danger that require urgent intervention in order to avoid serious human or material losses, such as a catastrophe, accident , accident, threat of mass infection, martial law.
However, to be sure that by changing the terms of the concluded contract, the employer does not violate your rights, consult with a specialist in personnel law.
Editor: Igor Reshetov
Transfer to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code.
At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code).
The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties.
It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.
Commentary to Art. 72.1 Labor Code of the Russian Federation
1. Part 1 of this article specifies three types of transfers to another job, made with the written consent of employees (except for the cases provided for in parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation):
1) permanent or temporary change in the employee’s labor function and (or)
2) the structural unit where the employee works (if this unit was determined upon hiring), while continuing to work for the same employer;
3) transfer to work in another area together with the employer.
2. The permanent transfer of an employee at his written request or with his written consent to another employer is formalized as dismissal.
3. Unlike a transfer, when a transfer is made without the consent of the employee, the terms of the employment contract determined by the parties do not change.
4. Both during transfer and relocation, it is necessary to take into account the health status of the employee.
Second commentary to Article 72.1 of the Labor Code
1. One of the forms of changing an employment contract is transfer to another job.
The Labor Code of the Russian Federation, in contrast to the Labor Code of the Russian Federation, is legally enshrined in Art. 72.1 the concept of transfer, developed by science, and its difference from transfer, which does not require the consent of the employee.
In the previous version of the Labor Code, transfer to another job was defined as a change in labor function or change essential conditions employment contract.
The commented article (Part 1) by transfer to another job means a permanent or temporary change in the job function and (or) structural unit in which the employee works, if the employment contract indicated the structural unit where he should work, while continuing to work for that same employer, as well as transfer of the employee to work in another area together with the employer.
It should be remembered that without taking into account the listed categories, it is impossible to distinguish one job from another and, accordingly, decide whether there is a transfer to another job or not.
2. The labor function includes a position in accordance with the staffing table, profession, specialty indicating qualifications, and the type of work assigned to the employee.
Profession is permanent view labor activity employee requiring special skills and relevant knowledge acquired in the process of industrial and technical training.
A specialty is a type of profession that is established as a result of the division of labor (for example, an ophthalmologist, a mechanical engineer, etc.).
Qualification is the degree and type of professional training, i.e. the level of training, experience, knowledge in a given specialty, determined for workers by the categories of work they perform.
The position determines the boundaries of the employee’s competence, his rights, duties and degree of responsibility.
Consequently, transfer to another job is a different job compared to that specified in the employment contract, if the structural unit was not indicated in the text of the contract.
3. The legislator does not define the concept of another locality. This is given in paragraph 16 of the Plenum Resolution Supreme Court RF dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (BVS RF. 2004. No. 6). Another area should be understood as an area outside the administrative-territorial boundaries of the corresponding populated area. And further it explains that if the employee’s employment contract indicated a specific structural unit as his place of work, then changing this structural unit is possible only with the written consent of the employee, i.e. this will be a transfer, not a transfer, as if the employment contract did not cover a specific department. A structural unit of an organization should be understood as branches, representative offices, as well as departments, workshops, areas, etc.
Promotion and demotion are also transfers requiring the employee's consent.
4. Transfer to another job according to the current labor legislation permitted only with the written consent of the employee. This general rule, from which, however, the legislator establishes exceptions for the cases provided for in parts 2 and 3 of Art. 72.2 of the Labor Code of the Russian Federation (see commentary to it).
If the employee’s written consent to the transfer was not obtained, but he voluntarily began performing other work, such a transfer may be considered legal.
5. Based on Part 2 of Art. 72.1 of the Labor Code of the Russian Federation, at the written request of an employee or with his written consent, a transfer to another permanent job with another employer can be carried out.
In this case, the employment contract at the previous place of work is terminated under clause 5 of Art. 77 of the Labor Code of the Russian Federation (see commentary to it).
6. The legislator gives the concept of relocation, which should be distinguished from transfer to another job. So, part 3 of Art. 72.1 of the Labor Code of the Russian Federation provides that the employee’s consent is not required to move him from the same employer to another workplace, to another structural unit, but located in the same area, or to assign him work on another mechanism or unit, if this does not entail a change terms of the employment contract determined by the parties.
7. The article in question prohibits the transfer and transfer of an employee to a job that is contraindicated for him due to health reasons. To avoid such cases, the employee must have the appropriate documents, which is one of the legal guarantees for him.