An additional agreement on transfer to another position is sometimes necessary in cases where significant changes are made to the employee’s employment contract. This document serves as written evidence of the agreements reached between the employer and employee.
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Internal movements of employees within a company are a common situation. An additional agreement must be drawn up whenever the position changes in any way, regardless of whether it is an increase or a demotion. Even if changes are made only to the job title, an additional agreement is a prerequisite for making changes.
Conditions
Article 72 of the Labor Code directly states that the employer has the right to change the position of any of the organization’s employees at its discretion. The main thing is to obtain the employee’s consent in writing at least 2 months in advance.
Such written evidence may be a statement from the employee himself, his consent, or simply a signature in a document that clearly states his consent (such a document may be a separate order of appointment).
In the notice of changes to the employment contract, the employer must also indicate the reasons why the position or other terms of the previously signed employment contract should change. The wording of these changes implies a free form of presentation, but may look like this:
- Changes are made in connection with the optimization of the organization's structure.
- Changes are made due to reductions in departments or services of the organization.
- The transfer is carried out due to the creation of new structural divisions of the company.
If a unit is opened in another city and an employee is transferred there, then his consent is required.
However, if the position is changed temporarily, for no longer than 30 days, then the employer does not need to obtain the employee’s consent 60 days before the event (in accordance with paragraph 2 of Article 72 of the Labor Code).
Transfer of an employee to another position
An employee moves to a new workplace, which is a process of changes, determined by the parties, to the terms of the employment contract. For such changes, only mutual consent of the manager and employee is required. According to the law, exceptions are allowed such as transfer for a certain period of time .
Is written consent required?
A worker moves to a new position under the following conditions :
- for a certain period or permanently with one boss;
- together with the boss to another place;
- to another boss.
Video describing the three main types of employee transfer:
Based on this, a transfer is a change in the employee’s work functionality, or a move to another job with the same manager.
If an employee is transferred at the initiative of the employer, then written consent must be obtained . If the transfer does not require additional movements, then the worker does not need to write consent (Article 72.1 of the Labor Code of the Russian Federation).
Video with explanations to Art. 72.1 Labor Code of the Russian Federation:
In addition, a worker can be transferred at his request; for this he must provide a written application to the manager . A citizen can be transferred either at his request or for medical reasons, etc. If an employee is transferred to a permanent place of work, but to a different manager, then the document at the previous place ceases to be valid.
Translation with written consent is carried out as follows:
the immediate supervisor prepares a report indicating the reason for the transfer and the employee’s data.- The head of the department gives his permission.
- The employee is given a written offer to take up another position.
- The employee provides confirmation in writing and draws up a statement to the manager requesting a transfer. The application must be written, even if the employee is entitled to more favorable conditions.
Note! If the transition is made only for some time, then it is not reflected in the work book.
Video on how to correctly process an employee transfer:
When should you not translate?
If the employee does not give a positive answer , then he can be transferred to another position only in special cases (Article 74 of the Labor Code):
- to prevent an accident or eliminate the consequences of an emergency.
- To prevent downtime and accidents, as well as damage to material assets.
- Instead of an employee who did not come to work.
It is prohibited to transfer an employee to another position without his written application.
If the employee does not agree to be transferred, then this is allowed only if there is a downtime or an emergency.
Due to operational necessity, it is allowed to transfer an employee for no more than one month (Article 74 of the Labor Code of the Russian Federation). If one worker replaces another, this cannot be done more than once a year.
Important! It is prohibited to transfer an employee to work of a lower qualification if he is against it. The worker must establish an average salary if temporary work is paid lower.
In case of non-compliance with standards
If the employer did not warn his employee about a change in his position 2 months in advance and the changes came into force, then the employee has the right to file a complaint with the labor protection committee. If the fact of violation of rights is proven, the employer will bear administrative responsibility for violation of labor laws in the form of a fine (or will get off with a warning).
For different categories of employers, the amount of penalties will differ:
- If an official is responsible for negligence or gross violation of labor legislation, then he will be required to pay from 1 to 5 thousand rubles. fine The same prices apply to individual entrepreneurs (employers who are not legal entities).
- If the employer is an LLC, OJSC or another form of legal entity, then in case of violation he will face a fine of 30 to 50 thousand rubles. for such a violation.
Of course, in most cases, third parties are not contacted; the employer and employee find a compromise solution.
Document functions
As mentioned above, such a document is necessary if the employer decides to move an employee to another workplace within its structural unit (we are not talking about a transfer to another employer!).
Translation may include:
- Moving within an enterprise or organization, but to a workplace in a branch located at a different address.
- Transfer to another structural unit of the same organization or enterprise.
- Moving from one position to another with a change in the employee’s job functions.
Such movements are always dictated by the interests of the organization or enterprise or by the request of the employee himself.
Components of the additional agreement
The document consists of:
- The full name of the document with the number and date of the employment contract to which is attached. In the form and sample additional agreement available for downloading, this information is located at the top, in the middle of the sheet.
- Cities and dates of document signing.
- The name of the organization where the employee is moving.
- Full names of both acting parties. The head of the institution who is responsible for this appointment is indicated, as well as the details of the transferred employee.
- Listings of points to be changed in the employment contract. In particular, the part that concerns the job title and everything related to the transfer. These important points can be location, wages, hours of work, etc. In the paragraphs you need to write down all the text that changes, as well as what it changes to.
Particular attention should be paid to information regarding the date on which the agreement on transfer to another position is valid and when it ends.
The end date can be stated as “The duration of the employment contract until the agreed changes are made.”
Regarding the first date, we can only say that it should not be issued earlier than the document on the employee’s consent to the transfer (ideally, the consent or application for transfer should be signed two months earlier) and later than the actual transfer to another position.
Naturally, at the end of the additional agreement there should be the signatures of the parties (in the attached form, the employer is on the left, the employee is on the right) with transcripts and the seal of the organization.
Nuances of design and storage
The agreement is drawn up and signed before the employee begins to actually perform duties in a new place or position.
Its signing is preceded by an oral conversation with the employee. If the employee agrees to the transfer, he must submit an application with the corresponding request. The employer has no right to transfer an employee without his consent.
The registration of the application is followed by the issuance of an order. It is drawn up on the T-5 form. Only after the employee signs the order should the agreement be drawn up and signed.
The agreement is drawn up in two copies, one of which is added to the employee’s personal file, and then stored for 75 years.
The employee receives the second copy.
As a rule, the personnel department of an organization or enterprise already has ready-made templates (forms) for additional agreements for a variety of situations. But since the agreement is not a universal document, and various non-standard clauses can be included in it, before drawing up the agreement, it is necessary to carefully re-read the agreement again.
It is recommended that the employee himself participate in checking the terms of the contract in order to avoid infringement of his interests. For example, the contract was initially concluded for a standard work schedule, but in the event of a transfer, the employee ends up at a workplace where it is necessary to work in shifts. Therefore, it will be necessary to reflect in the agreement not only the change in the structural unit (position, place), but also the daily routine.
If several points are changed at once, it would be useful to check the agreement for logical inconsistencies and unreadability, as well as full compliance with the existing agreement.
The employee receives a completed copy of the agreement upon signature. In his own hand, he writes that he received the document, puts the date of receipt and signature.
The child tax credit in 2021 is only available to employees who have met certain conditions. Is your employer forcing you to quit voluntarily, but you don't want to? Find out what to do in such a case by reading our article. When dismissing employees, the employer must issue an order. You can find the form to fill it out here.
Employee rights
If a reorganization occurs at an enterprise, then this is a chance for many employees to change their department and job responsibilities. It is the employee who can initiate the signing of a new addendum. agreements on transfer to another position. To do this you will need to write an application.
For example, if the administrative department is expanding. Then the office manager may ask to be transferred to a higher position - senior office manager or deputy administrative department.
The application must contain:
- information about the position for which the applicant is applying;
- data on the availability of existing education;
- experience in the position held.
By and large, the application can be drawn up according to a free sample, the main thing is that the applicant can convey to management that there are grounds for the transfer. The petition can be submitted to the immediate superior or director of the enterprise, depending on the structure of the organization.
Along with the employee himself, the head of the department can also act as the initiator of the career advancement of one or more subordinates. The boss must indicate in the memo or report the professional suitability of the subordinate.
In what cases is it required
There are many reasons for drawing up an additional agreement to an employment contract. The main reasons for making changes are:
- salary increase or decrease;
- concluding an open-ended contract in exchange for a fixed-term one;
- change of job title;
- the contract at the place of work has become the main one;
- transfer of an employee to another position;
- renaming a company or organization;
- transformation of employee personal data;
- changing the name of the company's internal department;
- temporary transfer of an employee to another position;
- compensation for harmful and hazardous working conditions;
- temporary replacement;
- reduction of probationary period;
- transfer of an employee to another place due to the relocation of the organization;
- introduction of a flexible work schedule for a specific period of time;
- issuance of wages in the form of company products, i.e. in kind (for example, an apartment for rent at the expense of the organization, the issuance of a computer, etc.);
- transfer of an employee to a separate structured unit;
- changes in labor tax;
- transformation of working hours;
- combination of positions.
All these changes concerning the company and the employee force amendments to the employment contract.
