Article 72.1. Transfer to another job. Moving
(introduced by Federal Law No. 90-FZ of June 30, 2006)
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.
General information
An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified job function, provide working conditions, and pay the employee wages on time and in full.
The employee undertakes to personally perform the labor function determined by this agreement in the interests, under the management and control of the employer, and to comply with the internal labor regulations in force for this employer.
An employment contract records the agreement of the parties on key issues, including: place of work, working hours, labor function (position), working conditions, wages, rights and obligations of participants in the employment contract, etc.
These main points in the employment contract are essential terms of the employment contract and are indicated in Part 2 of Art. 57 Labor Code of the Russian Federation.
It must also be remembered that changes in the terms of the employment contract should not worsen working conditions, reduce guarantees, or limit the rights of employees in accordance with the current labor legislation, otherwise such conditions are considered invalid (Part 2 of Article 9 of the Labor Code of the Russian Federation).
Article 72.2. Temporary transfer to another job
(introduced by Federal Law No. 90-FZ of June 30, 2006)
By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, whose place of work is retained in accordance with the law , - before this employee goes to work. 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.
In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent these cases or eliminate their consequences.
Transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also permitted in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or temporary replacement an absent employee, if downtime or the need to prevent destruction or damage to property or to replace a temporarily absent employee is caused by emergency circumstances specified in part two of this article. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.
When transfers are made in cases provided for in parts two and three of this article, the employee is paid according to the work performed, but not lower than the average earnings for the previous job.
Changing the terms of an employment contract without the employee’s consent
The general provisions of the Labor Code of the Russian Federation provide for changes in the terms of an employment contract only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). However, there are exceptions that provide for the notification procedure for the employee about changes in the terms of the employment contract.
Thus, Article 74 of the Labor Code of the Russian Federation provides for the possibility of changing the terms of an employment contract (with the exception of the employee’s labor function) for reasons related to changes in organizational or technological working conditions. Moreover, in accordance with the Determination of the Constitutional Court of the Russian Federation dated September 29, 2011 No. 1165-О-О, the employer must prove the impossibility of continuing work under the same conditions. In this case, it is required to notify the employee in writing two months before such changes, indicating the reasons that led to the need to change working conditions. The notice period is general, except for cases provided for by the Labor Code of the Russian Federation and other federal laws. In particular, the employer - an individual is obliged to send the employee a corresponding warning at least two weeks in advance (Article 306 of the Labor Code of the Russian Federation), and the employer - a religious organization at least seven calendar days in advance (Article 344 of the Labor Code of the Russian Federation).
