There is an expression “no one is irreplaceable” - and it perfectly confirms the meaning of replacing one employee with another. After all, it happens that an employee, for example, is on sick leave for a long time, and his absence at one time or another negatively affects the work of the entire organization. In such cases, the employer may assign the duties of the absentee to another employee. In this article we will help the employer understand what a transfer is, what types of transfers there are, for how long they are carried out and how to process them.

The concept of translation is given in Art. 72.1 of the Labor Code of the Russian Federation, according to which this is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer.

Let us remind you that:

- labor function - work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee (Article 15 of the Labor Code of the Russian Federation). Labor functions are determined by the employer on the basis of unified tariff and qualification reference books for jobs, professions and positions. The list of job responsibilities is reflected in the employment contract or in job description;

— a structural unit is a separate structural unit (representative offices, branches) or non-separate, formed as a result of the internal structuring of the organization’s staff (administrations, divisions, departments, departments, services, etc.);

- other area is an area outside the administrative-territorial boundaries of the relevant settlement. In turn, a populated area is a populated place within one built-up area land plot- city, town, urban-type settlement (clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code of the Russian Federation").

What kind of translations are there? First of all, transfers can be divided into temporary and permanent. In turn, temporary transfers can be divided into those carried out with the consent of the employee and transfers without consent. And in separate group we can highlight translations that are carried out without fail.

Let's figure it out in order.

Temporary transfers

So, temporary transfers can be carried out by agreement between the employee and the employer or at the initiative of the employer without the consent of the employee.

A temporary transfer with the consent of the employee, as a rule, is made to a vacant position before a permanent employee is found for it, or for the duration of replacing a temporarily absent employee, whose job is retained in accordance with the law.

The period of temporary transfer by agreement of the parties cannot be more than a year, and when such a transfer is carried out to replace a temporarily absent employee, a period is set until this employee returns to work (Part 1 of Article 72.2 of the Labor Code of the Russian Federation).

A temporary transfer is formalized by an agreement concluded in writing, in which, in addition to the position to which the employee is transferred, the period of such transfer is indicated. If the deadline is not known, write “until the temporarily absent employee leaves.”

Based on the agreement, a temporary transfer order is issued.

Please note that if, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (Article 72.2 of the Labor Code of the Russian Federation). Therefore, if the employer misses the deadline, he risks having to find a new job for the temporarily absent employee. Therefore, we recommend reminding the employee that the temporary transfer period is ending by sending a notice.

And if the period of temporary transfer was not specified in the agreement, then you can either formalize the provision of the previous job by concluding a new agreement, or send a notice on the day the permanent employee leaves. In addition, an order should be issued to end the temporary transfer period and provide temporary worker previous place of work, which should be familiarized to the employee against signature.

Note!Record of temporary transfer to work book not included.

In contrast to a temporary transfer by agreement of the parties, an employer can transfer an employee without his consent only in certain cases established by Part 3 of Art. 72.2 Labor Code of the Russian Federation:

- disasters of a natural or man-made nature, industrial accidents, industrial accidents, fire, flood, famine, earthquake, epidemics or epizootics and any exceptional cases that threaten the life or normal living conditions of the entire population or part of it (Part 2);

- downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature);

— the need to prevent destruction or damage to property;

— the need to replace a temporarily absent employee (Part 3).

Downtime, the need to prevent destruction or damage to property, or the replacement of a temporarily absent employee must be caused by emergency circumstances specified in Part 2 of Art. 72.2 Labor Code of the Russian Federation. Emergency situations include any circumstances that threaten the life or normal living conditions of the population or part of it.

A transfer without the employee’s consent is formalized by an order from the employer indicating the circumstances that led to such a transfer. If an employee is transferred to a position requiring lower qualifications, written consent should be sought from him. Payment in this case is made in an amount not lower than the average earnings for the previous job.

Note!The period of temporary transfer at the initiative of the employer cannot exceed one month.

The employer can also temporarily transfer an employee with his consent for the duration of the suspension of work in connection with the administrative suspension of activities or a temporary ban on activities in accordance with the legislation of the Russian Federation due to violation of state regulations. regulatory requirements labor protection through no fault of the employee. At the same time, he retains his place of work (position) and average earnings(Article 220 of the Labor Code of the Russian Federation).

One type of temporary transfer with the consent of the employee is the transfer of an athlete to another employer. The translation procedure is established by Art. 348.4 Labor Code of the Russian Federation. Such a transfer is carried out in cases where the employer is not able to ensure the athlete’s participation in competitions. The transfer of an athlete to another employer is temporary and cannot last more than one year. A temporary transfer is made by agreement between the two employers and the athlete, on the basis of which an order for a temporary transfer is issued. In this case, a fixed-term employment contract is concluded with the temporary employer. An appropriate order is issued. During the transfer, employment relations with the first employer are suspended.

Constant transfers

Often, an employee, having worked in one organization for a sufficient amount of time, wants to move to another position or to another department, or the employer himself wants to transfer him, for example, to promote him. In this case, a permanent transfer is carried out. It is possible both at the initiative of the employee and at the initiative of the employer. What distinguishes a permanent transfer from a temporary one is that it cannot be made without the consent of the employee, that is, if the initiator of the transfer is the employer, he must first request the employee’s consent in writing. If the employee does not object to the transfer, he expresses his consent either at the employer’s proposal or in a separate document (application).

Then the employee and employer enter into an additional agreement to the employment contract, which states the name new position, wages and other conditions that have changed due to the transfer. The agreement is drawn up in two copies for each party; on the employer’s copy, the employee marks the receipt of his own.

Note!Separately, we note that if an employee is transferred to a position for which fixed term relationship(for example, for the position of a manager), it is better not to enter into an agreement, since retraining a permanent employment contract into a fixed-term one may be regarded as an infringement of the employee’s rights. In this case, it is better to terminate the previously concluded employment contract and enter into a new fixed-term one.

Based on the agreement, the employer issues an order to transfer the employee to another position or to another unit. The order can be drawn up in the unified form T-5, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1, or in any form.

Unlike temporary transfers, a record of a permanent transfer is made in the work book. According to clause 10 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books” (hereinafter referred to as the Rules), the entry must be made within a week from the date of issue of the order. It will look like this: “Transferred to the position of chief accountant” or “Transferred to the logistics department to the position of head of department.” A record of the transfer is also made on the personal card.

Please note that moving him from the same employer to another will not be considered a transfer and does not require the employee’s consent. workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail changes determined by the parties terms of the employment contract. There will be no transfer even if the structural unit in which the employee works is not specified in the employment contract.

Transfer to another location

Permanent employment includes transfer to another location together with the employer. Such a transfer is considered to be a change in the location of the organization - a transfer beyond the administrative-territorial boundaries of the previous locality. In practice, it does not occur so often, however, the employer needs to be aware of it.

Let us clarify that the location of the employer is legal entity determined by its location state registration, which is carried out at the location of its permanent executive body (Article 54 of the Civil Code of the Russian Federation). The location address is recorded in the constituent documents and in the Unified state register legal entities.

Transfer to another location together with the employer is carried out with the consent of the employees. The employer must notify all employees about such a transfer in advance and invite them to move with him. Since the terms of such warning are not established, one should be guided by Art. 74 of the Labor Code of the Russian Federation and apply a two-month notice period.

Note.If the organization has changed legal address And executive agency changed the location, but the actual place of work of the employees remained the same, there is no need to formalize the transfer.

We believe that it is not necessary to send a transfer proposal to each employee, but rather to issue one order, but bring it to the attention of each employee against signature.

If one of the employees expresses a desire to continue working with this employer in another locality, an additional agreement is concluded with him to the employment contract on transfer to another locality, on the basis of which an order is issued.

Since, according to the Rules, an entry about a permanent transfer must be made in the work book, it is also necessary to make an entry about a transfer to another location, even if the employee remains in the same position and in the same structural unit. A sample of such an entry is not provided, but it may look like this: “Transferred to another area together with the employer.” A similar entry is made in the employee’s personal card.

If the employee agrees to move to work in another area, the employer is obliged to compensate:

— expenses for moving the employee, his family members and transporting property (except for cases where the employer provides the employee with appropriate means of transportation);

- expenses for settling into a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (Article 169 of the Labor Code of the Russian Federation).

Employees who refuse to be transferred to another location are subject to dismissal under clause 9, part 1, art. 77 of the Labor Code of the Russian Federation - refusal to transfer to another location together with the employer. At the same time, by virtue of Art. 178 of the Labor Code of the Russian Federation, the employee is paid severance pay in the amount of two weeks' earnings.

Cases of transfers are mandatory

In certain cases, the Labor Code provides for the obligation of the employer to transfer the employee to another position. The transfer can be either temporary or permanent. These are the translations:

— in accordance with a medical report;

— when reducing the number or staff of employees;

- in case of suspension of a special right;

- pregnant women and women with children under the age of one and a half years.

Let's look at the features of these translations.

1. Article 73 of the Labor Code of the Russian Federation regulates transfer to another job in accordance with a medical report. The employer is obliged to transfer to another existing job that is not contraindicated for the employee due to health reasons, an employee who needs such a transfer based on a medical report. It must be issued in the manner prescribed federal laws and other regulatory legal acts of the Russian Federation.

Note.The procedure for issuing certificates and medical reports by medical organizations is approved by Order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 N 441n.

Such a transfer is carried out with the written consent of the employee. Moreover, if an employee who needs a transfer for a period of up to four months refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position). During the period of suspension, the employee’s salary is not accrued, except in cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, and employment contracts.

If, in accordance with the conclusion, the employee needs a transfer for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the appropriate work, the employment contract is terminated under clause 8 of Part 1 of Art. 77 of the 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 established by federal laws and other regulatory legal acts of the Russian Federation, or the employer does not have the corresponding job.

If the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants need to be transferred for medical reasons, the employment contract with them may not be terminated, and the period of suspension from work is determined by agreement of the parties.

If an employee is transferred to a lower-paid job, he retains the average earnings from his previous job for one month from the date of transfer, and if transferred due to a work injury, occupational disease or other work-related health injury - until permanent loss of professional ability to work is established. or until the employee recovers (Article 182 of the Labor Code of the Russian Federation).

2. When carrying out measures to reduce the number or staff of an organization’s employees, the employer is obliged to offer the employee another available job (both a vacant position or work that meets the qualifications, and a vacant lower position or lower-paid job). If the transfer cannot be made, the employee is dismissed on the basis of clause 2, part 1, art. 81 Labor Code of the Russian Federation.

3. In case of suspension for a period of up to two months of the employee’s special right (license, right to drive a vehicle, right to carry a weapon, etc.), if this entails the impossibility of the employee fulfilling his duties under the employment contract, the employer is obliged to transfer the employee from his written consent to another available job (both a vacant position or work that meets his qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. In this case, the employer is obliged to offer all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. If the employee refuses or there is no vacant position, he is suspended from work without saving his salary (Article 76 of the Labor Code of the Russian Federation).

If the period of suspension of a special right exceeds two months or the employee is deprived of this right, the employment contract with him is subject to termination in accordance with clause 9 of Part 1 of Art. 83 Labor Code of the Russian Federation.

4. According to Art. 254 of the Labor Code of the Russian Federation, at the request of pregnant women and in accordance with a medical report, the employer must transfer them to another job that excludes exposure to adverse production factors, while maintaining the average earnings from the previous job. Until another job is provided, a pregnant woman is released from work, while she retains the average earnings for all working days missed as a result at the expense of the employer.

Women with children under the age of one and a half years, if it is impossible to perform the previous job, are transferred at their request to another job with wages for the work performed, but not lower than the average earnings for the previous job (until the child reaches the age of one and a half years).

* * *

To summarize, it can be noted that despite some nuances of this or that translation, they are not so difficult to prepare. It’s just that in some cases an agreement to an employment contract is drawn up, an order is issued and an entry is made in the work book, in others an agreement and an order, and in others only an order. We will also add that if an employee is transferred to another position (no matter whether temporarily or permanently), he must be familiarized with the job description, safety instructions and others against signature. local documents related to this position. In addition, do not forget to conclude an agreement on financial liability, if the position to which the employee is transferred requires it.

The reasons for transferring to a new job in the same organization may vary. For example, expansion or contraction of the organization's activities; problem solving career growth personnel; certification results, according to which the employee is promoted or demoted; medical indications, etc. (Articles 72.1, 73, Part 3, Article 81 of the Labor Code of the Russian Federation).

The difference between translation and displacement

It is necessary to distinguish between transfer to another job within the same organization and movements. In both cases, the employee remains employed within the same organization. However, these concepts are not identical. When an employee moves, his workplace changes. At the same time, the terms of the employment contract and the labor function remain the same. That is, the employee performs the same work when changing jobs. In this case, there is no need to obtain consent to move the employee himself.

When transferring, the terms of the employment contract and the employee’s job function change. An employee is considered transferred to a new position in the same organization (without changing location) if at least one of the conditions is met:

• change in the labor function provided for in the employment contract. At the same time, the place of work may change or remain the same;

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

Transfer is permitted only with the written consent of the employee. It is prohibited to transfer an employee to a job that is contraindicated for him due to health reasons.

Such rules are established by Article 72.1 of the Labor Code of the Russian Federation and explained in paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Situation: Is it a transfer to change the title of an employee’s position without changing the job function??

No is not.

Changing the title of a position without changing the job function is not considered a transfer. This conclusion can be made on the basis of Part 1 of Article 72.1 of the Labor Code of the Russian Federation.

An example of changing an employee's position without changing the job function

In connection with the optimization of the organization's structure, the position of V.N. Zaitseva - assistant accountant - was renamed junior accountant.

The organization prepared the following documents:

• additional agreement to the employment contract with Zaitseva.

Who can initiate the transfer?

Translation to permanent job within one organization is possible on the initiative of:

• employee;

• employer.

This procedure is provided for in Articles 72 and 72.1 of the Labor Code of the Russian Federation.

Situation: Is it possible to transfer an employee to another position during his probationary period?

Yes, you can, but only with the written consent of the employee.

The probationary period is established by mutual agreement of the parties when concluding an employment contract. At the same time, during the probationary period, the employee is fully subject to the rules labor law. Such rules are established in parts 1 and 3 of Article 70 of the Labor Code of the Russian Federation.

Thus, during his probationary period, an employee can be transferred to another job within the same organization with his written consent (Article 72, 72.1 of the Labor Code of the Russian Federation).

It should be taken into account that probation is established in order to check whether the employee copes with the requirements established upon hiring job responsibilities or not. Transfer to another position during the probationary period will not allow this to be fully verified. Therefore, transfer during the probationary period should be carried out in exceptional cases.

If the employee does not consent to the transfer, the employment contract may be terminated in the following cases:

• recognition of test results as unsatisfactory (Part 1 of Article 71 of the Labor Code of the Russian Federation);

• voluntary dismissals (clause 3, part 1, article 77 of the Labor Code of the Russian Federation);

• by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation).

Documentary format tion

If the transfer is initiated by an employee, he writes application for transfer . If the administration of the organization, you need to obtain the employee’s written consent to the transfer. In practice, consent is most often formalized as follows. The employee writes on the transfer order: “I agree to the transfer.” At the same time, the employee must be notified before issuing the order (Articles 72 and 73 of the Labor Code of the Russian Federation). There is no unified form of notification, so an organization can draw it up in free form . On it, the employee must express in writing his consent or disagreement with the transfer. If an employee refuses to transfer, he can be fired:

• at your own request (clause 3, part 1, article 77 of the Labor Code of the Russian Federation);

• by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation);

• to reduce numbers or staff (clause 2, part 1, article 81 of the Labor Code of the Russian Federation).

If the initiative to transfer comes from the head of a structural unit, you need to prepare idea of ​​translation . In this document, the head of the unit must characterize the professional and business qualities employee and justify the reason for the transfer. At the presentation, the head of the organization puts his resolution.

Regardless of who initiates the transfer, the basis for issuing the order is changes to the employment contract. Document changes to the employment contract in the form additional agreement (Articles 57, 72 and 72.1 of the Labor Code of the Russian Federation).

In order to issue a transfer order, organizations of their own choice may:

• use a unified order form ( No. T-5, No. T-5a), approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, if this is approved by the head of the organization in the order on accounting policies;

• apply an independently developed form approved by the manager (provided that it contains all necessary details , provided for in Part 2 of Art. 9 of the Law of December 6, 2011 No. 402-FZ).

This procedure follows from Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ and is confirmed by the letter of Rostrud of February 14, 2013 No. PG/1487-6-1.

Please note that when transferring an employee within the same organization, the employer cannot give him a probationary period (Article 70 of the Labor Code of the Russian Federation).

Make an entry about the transfer in the employee’s work book no later than a week from the date of transfer (clause 10 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

At the end of the procedure, record the transfer in employee personal card . Introduce it to the employee against his signature.

An example of formalizing the transfer of an employee to another permanent job within the same organization

Production shop equipment adjuster A.V. Lampochkin was notified of his upcoming transfer to work in manufacturing facility for the position of site electrician. He agrees with the translation. To amend the employment contract, a additional agreement to him. The director issued transfer order according to form No. T-5 .

An entry about the transfer to another position was made in the employee’s work book and in section III of his personal card in form No. T-2 .

Situation: details of which document (employment contract or additional agreement to it) must be indicated in line of form No. T-5 “Amendment to the employment contract dated...”?

In line form No. T-5“Amendment to the employment contract from...” you can specify the details of only one document. Therefore, you can change the line so that the phrase reads: “Change from... to the employment contract from...”. This will allow the organization to indicate in the order the date and number of both the employment contract itself and the additional agreement to it. Make additions to unified forms allows paragraph 2 of the Procedure approved by Resolution of the State Statistics Committee of Russia dated March 24, 1999 No. 20.

Translation based on medical report

In some cases, the administration of the organization is obliged to transfer the employee to another job. For example, in the case when an employee cannot perform his previous work in accordance with a medical report. With the consent of the employee, the administration must transfer him to another job that is not contraindicated for him for health reasons. A proposal with a list of vacant positions available in the organization can be drawn up in free form . These positions must comply with the work restrictions reflected in the employee's medical report and be suitable for the employee's medical condition. In this case, a medical report can be, in particular, a certificate of disability and individual program rehabilitation of a disabled person, which were issued based on the results of a medical and social examination (decision of the Supreme Court of the Russian Federation of November 25, 2011 No. 19-B11-19). To the employer's offer, the employee must agree in writing to the transfer or refuse it. This follows from Part 1 of Article 73 of the Labor Code of the Russian Federation.

If the employee agrees to the transfer, issue an order and make the appropriate entries in work book And personal card employee (clause 10 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

When transferring an employee for medical reasons new job may be higher paid or lower paid. If an employee is transferred to a lower-paid job, then for a month from the date of transfer he must retain his average earnings from his previous job. If the transfer is due to the fact that the employee has suffered injury or an occupational disease, then the average salary is retained until the employee recovers or doctors determine his disability. This procedure is established in Article 182 of the Labor Code of the Russian Federation.

A situation may arise when an employee who needs a temporary transfer for medical reasons refuses it or the organization does not suitable vacancies. Then the organization’s actions depend on the period for which, in accordance with the medical report, the employee needs to be transferred to another job. If an employee requires a temporary transfer for a period of up to four months, then suspend him from work for the entire period specified in the medical report. At the same time, the employee must retain his place of work (position). Do not accrue wages or other social benefits for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example, paragraph 2 of Article 33 of the Law of March 30, 1999 No. 52-FZ). This is stated in Part 2 of Article 73 of the Labor Code of the Russian Federation.

If an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses the vacancy (there are no vacancies in the organization), he must be fired (Part 3 of Article 73 of the Labor Code of the Russian Federation). The basis for dismissal is clause 8 of part 1 of article 77 of the Labor Code of the Russian Federation. Dismissal on the specified basis is aimed at protecting the health of the employee and is not considered a violation of his rights (decision of the Constitutional Court of the Russian Federation of July 14, 2011 No. 887-О-О).

A special procedure for dismissal in case of refusal of a vacancy (absence of vacancies in the organization) upon transfer for medical reasons is provided for managers, their deputies and chief accountants in Part 4 of Article 73 of the Labor Code of the Russian Federation. Even if the transfer period is less than four months, the organization has the right to dismiss such employees under clause 8 of part 1 of Article 77 of the Labor Code of the Russian Federation. However, with the written consent of the employee, the employment contract with him can not be terminated, but he can be suspended from work for a period determined by agreement of the parties. Do not accrue wages or other social benefits for this period, unless otherwise provided by the labor (collective) agreement or legislation (for example, paragraph 2 of Article 33 of the Law of March 30, 1999 No. 52-FZ).

Transferring to another position is a common personnel decision. Companies develop, change, and employees become in demand in other departments.

The procedure for carrying out the procedure for transferring to another position is defined in the Labor Code of the Russian Federation and includes:

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• notification of an employee about transfer to another position;
• obtaining consent to transfer to another position;
• conclusion of an additional agreement to the employment contract;
• drawing up an order for transfer to another position and familiarizing the employee with it;
• making a corresponding entry in the work book.

You should be careful about paperwork when transferring an employee to another position. Neglecting any document or stage, despite its seemingly formal nature, can result in serious problems for you if disagreements arise with an employee.

Options for transferring an employee to another position

There are many options for moving, and they can be combined according to a number of characteristics. The division into types and types of transfers is to some extent arbitrary, since with each change of position there is more than one circumstance. But it is necessary to be able to distinguish the features of a single specific movement, since the procedure itself depends on this. Each type of transfer of an employee to another position has its own specifics, which must be taken into account when preparing documents.

1. Transfer with or without the employee’s consent.

As noted above, consent to the transfer must be obtained from the employee and documented in in writing. This is very strict rule, and even in the case when the specialist and the employer have agreed on everything, the absence of this document may raise questions among the inspection authorities.

Meanwhile Art. 72 of the Labor Code of the Russian Federation provides for a number of exceptions for situations where such consent is not necessary. These are circumstances of an emergency nature: eliminating the consequences or preventing fires, epidemics and epizootics, man-made accidents, accidents, famine. If these situations endanger the life, safety or health of people, then there are three ways to temporarily change the work responsibilities of an employee/employees without obtaining consent: replacing a temporarily absent specialist, downtime and the need to prevent the destruction of material assets or their damage.

2. Translation within one locality and beyond its borders.

The Labor Code of the Russian Federation determines that the territorial location of a specialist’s workplace is one of the key factors of an employment contract. If it changes, management formalizes the transfer and is obliged to notify the employee of the upcoming changes in advance.

If the place of work remains the same, but the functions of the employee, his position or the structural unit to which he is attached are modified, then such a transfer is considered to be carried out within the same locality.

3. Internal and external transfer to another position.

If it is planned to transfer an employee to another position within the organization, then it is called internal. And it remains so despite a change in the location of the company or, for example, the location of the immediate workplace of a particular employee in the enterprise.

A transfer to another position in another organization will be an external transfer and, in its legal essence, is a private type of dismissal. In this case, the relationship with one employer ends and begins with another. For a person, this option is preferable due to a number of advantages, such as the absence of a probationary period, the impossibility of terminating the employment contract in case of returning to this position a previously dismissed specialist and a number of others. For the previous employer, such termination of the employment relationship does not carry any special restrictions and does not require anything other than special loyalty to the departing employee.

4. Permanent and temporary transfer.

As a rule, a change in an employee’s position is dictated by operational expediency and does not imply a return to the previous state of affairs. But sometimes a temporary replacement is required, and in this case the procedure for processing such a transfer will be different from the general one.

It is important to remember that the Labor Code of the Russian Federation provides for a maximum period for temporary transfer, which is equal to a year. Also, a number of such movements for a limited period depend on the circumstances that served as the basis for them. For example, a woman who received a special work schedule during pregnancy returns to her usual schedule of activities at the end of her maternity leave.

5. Forced and proactive translation.

Consent to transfer to another position implies that the parties made such a decision independently. In addition to the fact that there is a transfer to another position at the initiative of the employee, it can be offered by the employer, as well as by the trade union organization.

Meanwhile, there are a number of situations when a job change is forced. In most cases, such a translation means following the law. For example, if a person was unable to pass the qualification certification. Or the medical commission insists on changing work functions.

6. Planned and emergency transfer to another position.

By general rule the decision to transfer is made by the parties carefully and based on analysis and consideration of a number of factors. Moreover, the law provides for mandatory preliminary notification of the employee of the intention to provide him with another post in the event that a transfer to another position occurs at the initiative of the employer.

But there is also the possibility that management issues an order to transfer to another position urgently. This is permissible if it is necessary to save the employer’s property from damage or damage, as well as in the event of emergencies of a natural and/or man-made nature.

How to properly prepare documents to transfer to another position

To formalize a personnel reshuffle, it is necessary to comply with the procedure prescribed by law. To start this process, you need a document recording the will of the party that initiated the transfer. This may be the case memo head of the unit, medical report, vacancy announcement.

It is important to remember that in any case, even if a job change was initiated by an employee, it is necessary to issue an order for transfer to another position and familiarize the person with it under signature. After this, entries are made in all personnel documents of the organization, the specialist’s personal file, and his work book. Also at this time, an additional agreement to the employment contract is drawn up.

Stage 1. Obtaining the employee’s consent to transfer to another position.

The law provides for written approval of the transfer by the employee as a mandatory document. A statement on this matter can be drawn up in any form, but it is imperative to note from which and to which post the transfer is taking place, and also to express your consent to it in one way or another. There is no sample for an application for transfer to another position, but most often it is written by hand. Consent to a change of activity is also issued arbitrarily, but it is advisable for the personnel service to create a form for this type of document.

The final moment of this stage is the order to transfer the employee to another position.

Stage 2. Drawing up an additional agreement to the employment contract on transfer to another position.

The result of agreeing on the terms of the transfer is an additional agreement to the employment contract. It is drawn up in two copies having equal legal force, and after signing by both parties, one of them is issued to the employee, the second is filed in a folder personnel documents organizations. It is not mandatory, but it is advisable to take a receipt from the employee indicating that he received his copy of the additional agreement indicating the date.

The agreement additional to the employment contract specifies: the name of the organization and the surname, first name, patronymic of the person to be transferred; date and place of conclusion of the agreement; the date from which the employee begins work in another position; clauses of the employment contract to which changes are made; the employee’s new production responsibilities, his salary and the name of the structural unit, if any.

Stage 3. Issuance of an order for transfer to another position.

After both parties sign an agreement on the transfer of a specialist, the employer issues an order on transfer to another position, a sample of which is contained in the approved form No. T-5 (No. T-5a). The organization has the right to apply its own format for the order on personnel rotation, but in any case it must contain the name of the enterprise, the document number and the date of its issue.

When issuing an order for transfer to another position, the following points must be taken into account.

If the job change is supposed to be temporary, it is necessary to indicate the date - even the expected - of the end of the period. If the transfer is permanent, the date from which the employee takes on the new position is indicated.

There is no probationary period for transfer (see Article 70 of the Labor Code of the Russian Federation). To avoid a conflict of interests between the company and the employee, in case of doubt about the qualifications of a specialist, we recommend using the temporary relocation format.

The order must indicate the reason for the transfer, and in the “Basis” section the details of the document that served as the legal start of this process are entered (medical report, employee statement, memo from the head of the department, etc.).

You should be careful about who issued and signed the order. There are often cases when this document is signed by the head of the personnel department, but such an action is illegal, and its error is confirmed judicial practice. Anyone can prepare the text of an order: an assistant director, a clerk, an employee of the personnel department, sometimes the legal department deals with such issues. But the director must sign the transfer document, otherwise the order and its provisions can be protested by the employee, and he himself can be reinstated in his position with the payment of all compensation.

Stage 4. Making an entry about the transfer in the employee’s personal file and work book.

The employee’s work book displays only information about a permanent transfer (Article 66 of the Labor Code of the Russian Federation). Like all others, records are assigned serial number and the date for its entry is set. The “Job Information” column is filled in with the date from which the employee is transferred to a new position. Registration details of the transfer order are displayed in column 4.

When an employee can refuse to be transferred to another position

Consent to a transfer to another position is the cornerstone issue of this personnel decision. Despite the fact that employers do not resort to the transfer procedure so often, labor legislation provided for a number of reasons under which a specialist may not agree to it. And although there is not always the malicious intent of superiors behind a proposal that entails a demotion in position or pay, an employee has the right to refuse a transfer if the following points are present.

1. Alternative position below qualification requirements and/or provides for a reduction in payment. In this case, the employee is subject to dismissal, but this decision he must be notified at least 60 days before the expected date of termination of the contract.
2. The transfer is associated with the loss of the right to perform one’s professional duties. If the restoration of rights takes no more than two months, the employer may (but is not obligated) to offer such an employee continuation of the position without pay. If it takes two months or more to renew permits, and the person does not want to agree to be transferred to a lower position, the employer has the right to formalize the dismissal of such a specialist.
3. The transfer is associated with the threat of loss of health of the employee. If the intended relocation is less than four months, the specialist may refuse to transfer and work for the entire period, and the employer will be obliged to retain his place, but not pay wages. If the transfer period is expected to be more than four months, and the employee does not agree to it, then, according to Art. 73 and 77 of the Labor Code of the Russian Federation, the employer terminates contract of employment with such a specialist.
4. A pregnant employee has been offered a position with lighter responsibilities. The law requires the employer to offer such a transfer to the expectant mother, but she, in turn, may not agree to it, provided, of course, that the efficiency of labor processes does not suffer.
5. A transfer is associated with a change of location of an organization outside of one locality. In this case, the employee’s dismissal is formalized and he is paid severance pay.

As we can see, in matters of transfer to another position, the legislation largely protects the rights of the employee and gives him more preferences. This is actually true, and this idea runs through all labor legislation in our country. The employer, according to experts, has enough others who are outside legal field, instruments of influence on an employee, and in a situation where we still practice gray accrual wages and semi-legal registration (for a short period of time, concluding a service contract instead of a labor contract, etc.), the Labor Code and its strict position on protecting the rights of workers remains the only guarantee of compliance with parity of opportunities and responsibilities in labor relations.

What are the features of a temporary transfer to another position?

By default, any transfer to another position is permanent, unless otherwise expressly stated in the relevant order. At the same time, as established by labor legislation, the maximum period of temporary transfer is one year (Article 72 of the Labor Code of the Russian Federation). Relocation for a limited period may be necessary when, for example, replacing an employee who is not yet able to perform his duties but retains his job, in the event of a long vacation of one of the specialists, etc.

Moreover, if the transfer is internal in nature and requires less than one month in duration, then there is no need to obtain consent for temporary work in case of emergencies (work accidents, fires, floods, epidemics, etc.) and downtime.

Please note that if the transfer is carried out in accordance with the Labor Code without the consent of the person, then payment is made according to the work performed, but not less than the average earnings for the previous main position (Article 72.2 of the Labor Code of the Russian Federation).

It is important to remember that if the period of temporary transfer has expired, the employee continues to perform the duties of this position and does not require other work, then the temporary nature of the transfer loses its force and it is considered permanent (Article 72 of the Labor Code of the Russian Federation).

Transfer of an employee to another position in another organization

From the point of view of the actual state of affairs and normative logic, transfer to another position in another organization is a form of dismissal in which the employee is relieved of the need to look for a new job and undergo interviews. Main distinctive features such a transfer from others is solely the permanent nature of the change of job and the termination of the employment relationship at the previous place.

For an employee, such a transfer has a number of undeniable advantages compared with simple trick to work:

• lack of a probationary period (which may result in dismissal);
• grounds for dismissal from previous place of work – clause 5 of Art. 77 of the Labor Code of the Russian Federation, which sometimes has a positive effect on the decisions of personnel employees;
• If a person who previously held the position to which the employee was transferred is reinstated in court in his rights, then it is no longer possible to dismiss the invited specialist.

A transfer to a position in another organization is made on the basis of an application from the employee and an attached request for transfer from the new employer. If the current employer agrees with such a personnel decision, he puts his signature on the application, and the personnel department prepares an order. If management is against such a move of an employee, it has the right to refuse him, and then he can submit a letter of resignation, which they will be obliged to accept.

Controversial situations of transfer to another position

Question: The employee was transferred to another department while maintaining the scope of duties and position. At the same time, the salary was reduced and the employee’s consent was not obtained. Is this legal?

Answer: the employer acted incorrectly. Salary is essential condition of the employment contract and its size cannot be changed without the consent of the specialist and the execution of an additional agreement to the employment contract.

Question: The employer is considering the option of transferring an employee of this department to the position of head. Can he put him on probation to ensure his competence?

Answer: a probationary period is provided only for new employees of the organization and cannot be determined for a specialist appointed to a position by transfer. To avoid mistakes, the employer has the right to arrange a temporary transfer of a subordinate to a higher position.

Question: An employee discovered an open vacancy in his organization and applied for a transfer to a new position. The boss refused the request. Did he do the right thing?

Answer: the boss acted lawfully, because a necessary condition To complete the transfer, the consent of both parties is required. The employer has several grounds for refusal - the employee’s qualifications do not correspond to the declared position, he does not have special rights and licenses, he can also play a key role at his current place of work.

Question: An employee on maternity leave received a notice from her employer to come to work and sign an order transferring her to another position with a reduction in salary. The employer cited the need to optimize the company's expenses as the reason for this move. What should an employee do?

Answer: management’s actions are outside the legal framework for two reasons: transfer of this category of employees without their approval is possible only for medical reasons (Article 256 of the Labor Code of the Russian Federation), and an employee cannot be recalled from vacation without her consent (Article 125 of the Labor Code of the Russian Federation). The woman must retain her position and salary. If the employer carries out this transfer contrary to the norms and the will of the employee, then she has a legal basis for appealing this decision to the labor inspectorate and reinstatement of her rights by court decision.

Question: Can management transfer a foreign employee to another position if this activity is not indicated in his work permit?

Answer: the employer does not have the right to such a change. The performance by a foreign employee of duties not specified in the permits (the specialty is specified in them) is equated by the courts to working without a permit. This means penalties for both the employee and the organization, and in the case of the latter, it threatens the suspension of activities. This practice is reflected in the decisions of various courts: Resolution of the Federal Antimonopoly Service of the North Caucasus District dated 05.21.2012 No. A53-16050/2011, Decision of the Moscow City Court dated 12.12.2011 No. 7-2678, Decision Supreme Court RF dated September 23, 2011 No. 18-AD11-15.

How to correctly write an application for transfer to another position?

At every enterprise, situations sometimes occur in which an employee is faced with the need to change his job function, transfer to another functional unit. There are many reasons for this need. And in each specific case, taking into account the type of transfer and its reasons, a certain order preparation of documentation accompanying the translation.

Transfer to another job is a change in the labor function of an employee (permanent or temporary) or a structural unit (if the unit was fixed in the employment contract) in the case of continued cooperation with the same employer and in the case of transfer to other areas (due to relocation or regular transfer to a branch) together with the employer.

Types of transfers

• temporary and permanent transfers
• transfers at the initiative of the employee/employer
• transfer with the employee’s consent/without the employee’s consent.

It is immediately worth noting that internal transfer to another job is permissible only with the written permission of the employee. There are only a few exceptions in which written consent is not fundamental.

You can find out how to correctly draw up an employment order using the T-1 form and download a sample of its completion at

Exceptions that do not require the employee’s written consent

• moving an employee to another place or assigning him to another unit when the place of work is geographically located in the same place;
• instructing an employee to work on a new unit/mechanism (the employee has not previously interacted with this device) in the event that these new responsibilities do not contradict the employment contract concluded between the parties;
• in case of emergencies and other exceptional situations that threaten the safety and normal life of the population (up to one month);
• temporary transfer for up to a month to work, which is not stipulated by the employment contract (discussed in the section on temporary transfer).

It is prohibited to transfer or move to a job that is contraindicated for the employee due to his health condition.

Temporary translation and its documentation

Temporary transfer of an employee is formalized in writing. Thus, an employee can be temporarily transferred, with his consent, for a period not exceeding one year to another position/to another structural unit.

In the case of a transfer in order for this employee to perform the functions of replacing another (temporarily absent) employee, the period for performing duties in a temporary position/functional unit lasts until the replacement employee leaves (legal retention of the job).

What is the procedure for drawing up and filling out an appointment order? general director LLC – read

In the case where, upon completion of the transfer period, the employee is not given his previous position, and he does not require reinstatement in his previous job and continues it in a temporary position, an agreement on the temporary nature of the transfer is considered invalid and the transfer begins to be considered permanent.

Sample employee application for transfer to another position within the LLC.

In case of natural/man-made disasters, industrial accidents, unforeseen industrial accidents, etc. the employee has the right to transfer without his confirmation for a period of up to a month to another job with the same employer in order to prevent the above-mentioned consequences.

Temporary transfer of an employee without his consent is also carried out in the event of a temporary suspension of the enterprise for reasons of economic, technical, technological or other nature. Thus, in the event of forced replacement of employees in emergency situations, a temporary change in the employee’s place of work is allowed.

Moreover, if the forced position is lower in qualifications than the current one, Written confirmation from the employee is required.

In this option, the employee will be paid according to the work performed, but should not fall below the average for the previous job.

Application for registration of a temporary transfer at the initiative of the employee

1. The starting point for the temporary transfer of an employee on his initiative to transfer to another position. The application indicates the reason for the desired transfer, the start and end dates of work in the new position.
2. Instructions are prepared for the position to which the transfer is being made. The employee is familiarized with this instruction and other documentation related to his assignment.
3. In case of temporary transfer to work, a separate document is to record the employee’s consent/disagreement with the transfer.

Entry in the employment record about transfer to another position - sample filling:

Sample entry in the work book about transfer to another position.

Application for transfer to another position - you can download a sample form.

If you change jobs, be sure to ask for copies of contracts and carefully check the terms and conditions of the proposed work. If any disputes arise, you should rely on Labor Code Russian Federation, and not even honestly employer.

More information about legal regulation internal transfers within one organization is contained in this video:

Permanent Transfer: Sample Step-by-Step Procedure (General)

PERMANENT TRANSFER OF AN EMPLOYEE TO ANOTHER JOB:

SAMPLE STEP-BY-STEP PROCEDURE (GENERAL)

1. One of the parties (employee or employer) comes up with the initiative to permanently transfer the employee to another job.

The initiative can be “oral”. And the parties to the negotiations come to an agreement on a permanent transfer.

The idea of ​​a permanent transfer may also have a written form, but this is not necessary.

Continuation of the first step step by step procedure permanent translation:

1.1. If the employee himself comes up with the initiative to transfer to another job, then he can write an application for transfer to another job (position). The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

1.2. If the employer takes the initiative to transfer an employee to another job, then he can make a written offer to the employee to transfer to another job (position). The working conditions for the proposed position are usually described in the employer's offer; a copy of the job description is attached to the employer's written offer so that the employee can familiarize himself with labor responsibilities by position to make a decision on transfer.

The proposal is drawn up in two copies and registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. One copy of the proposal is given to the employee. On the second copy (which remains with the employer), the employee writes that he has read the offer, received one copy, puts the date of receipt, and signs. If the employee agrees to the transfer, then he can put an “agreement note” on the employer’s proposal or write a statement of consent to the transfer.

The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

2. Familiarization of the employee with his job description(for a new position), other local regulatory legal acts directly related to his new labor activity, - important step Vstep-by-step procedure for permanent transfer.

The procedure for familiarizing yourself with local regulations is not defined by the code, in practice there are various options:

Familiarization sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization and the date of familiarization (such sheets are stitched together with the local regulatory act),

Maintaining logs of familiarization with local regulations, in which employees put signatures confirming familiarization and indicate the dates of familiarization.

A certain procedure for familiarizing yourself with local regulations may be enshrined in one of the employer’s local regulations. Find out your employer's procedures for familiarizing employees with local regulations before you begin introducing them to the employee.

3. Signing the transfer agreement between employee and employer.

If there are grounds, an agreement on full financial liability or an agreement on changes is also signed. current agreement about full financial responsibility.

The agreement and contract are drawn up in two copies (one for each party), unless more copies are provided for a given employer.

4. Registration of the transfer agreement and an agreement on full financial liability in the manner established by the employer. For example, an agreement may be recorded in the agreement log for employment contracts with employees, and the agreement on full financial responsibility is in the log of registration of agreements on full financial responsibility with employees.

5. Handing the employee his copy of the transfer agreement.

The employee’s receipt of a copy of the agreement should be confirmed by the employee’s signature on the copy of the agreement remaining in the custody of the employer. We recommend that you put the phrase “I have received a copy of the agreement” before your signature.

If an agreement on full financial responsibility is signed with the employee, then one copy of it is also given to the employee.

6. Issuance of an order (instruction) on the transfer of an employee to another job.

7. Registration of an order (instruction) in the order established by the employer, for example, in the log of orders (instructions).

8. Familiarization of the employee with the order (instruction) under under writing

9. Making an entry about the transfer in the employee’s work book.

Information about transfers to another permanent job is entered into the work book (Part 4 of Article 66 of the Labor Code of the Russian Federation).

10. Reflection of information about the transfer in the employee’s personal card.

According to clause 12 of the “Rules for maintaining and storing work books, producing work book forms and providing them to employers”, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”, with each entry made in the work book about the work performed, transfer for another permanent job and dismissal, the employer is obliged to familiarize its owner with a signature on his personal card, which repeats the entry made in the work book. The form of the personal card is approved Federal service state statistics.

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