Reason for transfer to another position in the order

How to properly transfer an employee

Issues of permanent and temporary transfer of employees to other positions are regulated by Labor legislation. The rules and conditions are specified in the provisions of Article 72 of the Labor Code of the Russian Federation. In this case, the head of the company must have grounds for carrying out the procedure. These include the following reasons:

• optimization of production organization;
• reduction of the enterprise department;
• the need to increase productivity in another division of the company;
• promotion of an employee to a management position;
• creation of a new structural unit.

In such a situation, according to the law, the employer must do the following:

1. Prepare and send a notice of changes to the employee.
2. Record the notice in the appropriate log.
3. Familiarize the employee with the document for signature.
4. Upon receipt of consent for registration, accept the application.
5. Draw up an additional agreement to the contract.
6. Issue an order.
7. Familiarize the employee with the prepared documentation.
8. Obtain a consent signature.
9. Fill out the citizen's work book.

ATTENTION! If the initiator of a change in the employment contract is an employee, he must notify the head of the enterprise about this by writing a statement. The registration procedure is similar.

Is the employee's consent required?

In cases where work is planned in another building, the written consent of the employee is required for registration. It is compiled in free form. If changes occur at the request of the employee, no additional confirmation is required.

The citizen’s consent is not required if the employer acts for the purposes of:

• preventing an accident or eliminating its consequences;
• avoiding interruption of the technological process;
• freeing up a workplace for an employee who has returned from vacation, maternity leave or returned from illness.

Consent is also not required when it is not implied:

• moving the workplace;
• changes in working conditions;
• wage reduction;
• adjustment of employee functions.

Other production reasons require confirmation from the employee. It must be received no later than two calendar months before the expected date of transfer.

If the employer is an individual entrepreneur, he has the right to inform the employee about the change of position 2 weeks before. The norm is prescribed in Article 306 of the Labor Code of the Russian Federation. Religious organizations, in accordance with Article 344 of the Labor Code of the Russian Federation, are allowed to notify employees 7 days before the expected date.

When transfer is not possible

It is impossible to formalize the procedure if a citizen cannot work in the proposed position due to health reasons. This fact must be confirmed by a certificate from a medical institution. This situation is regulated by paragraph 1 of Article 72 of the Labor Code of the Russian Federation.

Registration of transfer to another position: step-by-step instructions

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

How to draw up an additional agreement on transfer

To transfer to another job, you must sign an additional agreement to the employment contract, reflecting the following information:

• name and registration number of the document;
• the date of conclusion and details of the contract to which the addendum is published;
• name of the company indicating the form;
• Full name of the head;
• Full name, name of the citizen’s current and new position;
• a list of provisions of the main employment agreement that are changing;
• a resolution on the immutability of the remaining points of the agreement;
• validity period (if temporary re-registration of the employee is implied);
• Date of preparation;
• signatures of the parties.

IMPORTANT! The supplement is drawn up in two copies. The first is attached to the employment agreement, the second is issued to the employee.

Upon acceptance of the document, an order is prepared. It contains an order for HR specialists to register an employee for a new position, the basis for issuance and the execution date.

Sample

Labor legislation does not provide a universal form for addition to the employment contract when transferring to another position. Organizations have the right to draw up a document independently.

A sample employment contract for transfer to another position is available here.

The order can be issued either on a universal T-5 form or on one independently developed by the company.

A sample of a unified order template can be downloaded from the link.

Options and reasons for transfer to another position at the employee’s initiative

The application is drawn up in any wording or on the company’s letterhead (if provided for by the local regulatory legal acts). Content:

1. request for transfer;
2. reason for the decision;
3. documentary evidence (for example, a medical report).

• Drawing up an agreement containing the terms of the transfer (with the consent of management).
  It is drawn up in writing and signed by each party to the employment relationship. The agreement is attached to the employment contract and may contain the following information:

1. conditions for future work;
2. payment for labor functions;
3. working hours;
4. other working conditions (for example, provision of leave, appointment and payment of bonuses).

• Issuance of a Transfer Order (based on an agreement between the employee and the employer).

Transfer to another position at the initiative of the employer

Reasons initiated by the employer

A manager may have many reasons for making such a transition. But all of them must be extremely objective and can only be caused by the need for production. Such reasons may be:

The second part of Article 72 of the Labor Code says that the following situations may be the reason for this:

• disasters of any nature;
• industrial accidents;
• accidents that happened at work;
• fires;
• earthquakes;
• hunger;
• epidemics;
• any other cases that endanger human life and health.

The work to which he will be transferred must be related to preventing consequences or eliminating them. He can hold this position for up to one month, taking into account the fact that he will have the same employer.

In an emergency situation, an employee cannot refuse a new job. His refusal may be considered a violation of the law and will result in disciplinary action.

Consent to transfer

The proposed position must meet the abilities and qualifications of the employee, and also not harm his health. If there is no available vacancy of this kind, then he may be offered a position with a lower salary.

Documentation procedure

The procedure for processing documents when moving an employee of an enterprise or organization depends on the specific case:

• promotion of an employee;
• the employee receives an offer to transfer to another job;
• the employee moves with the employer to another location.

The presence of such a document will help the employer in the future to confirm that he has fulfilled all the conditions provided for by law. If the employee agrees with this decision, then he can put a mark of agreement on the same document.

But neither the proposal for a promotion, nor the notification or proposal to move to a new position are included in the group of mandatory documents. The employee and the manager can discuss all the details of the transfer together and write an agreement on this.

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Nuances of the transfer procedure to another position

The employee’s new position must meet several requirements, including salary, working conditions, and qualifications.

When transferring an employee, the management of the enterprise must perform the following actions:

Transfer to another position

The second part of the T-5 form

In the second section of the form, information about the specialist’s previous work activity is filled out, indicating:

1) Structural unit.

2) Positions (according to the staffing table).

3) Reasons for transfer.

Then the information about the upcoming place of work is filled in, displaying:

4) Names of the structural department.

5) The vacancy to which the employee is transferred.

6) The size of the tariff rate.

7) Possible allowances that are provided for this position.

Next, fill in the basis for movement, with the designation:

Dates of changes in the employment contract (EA) or additional agreement (SA).

The form is completed:

9) Signature of the director.

10) Signature of the employee who has read the order.

To familiarize yourself with the published order of appointment, a specialist is invited to sign such order. Without his signature, the issued order will not have legal status.

In addition, if a specialist is permanently transferred, then information about such an event is recorded in the work book and in his personal card. At the same time, it is necessary to issue an additional vehicle with it, indicating changes in the conditions in the TD.

It is recommended to watch the video about the procedure for registering an appointment to another vacancy

( Video : “How to process an employee’s transfer - Elena A. Ponomareva”)

Samples

Below are samples of administrative documents: - an order form, formed in a free style on the institution’s letterhead, and an order, using the T-5 form.

A sample order to transfer a subordinate to another vacancy, drawn up in a free style.

An example of an order for the relocation of a specialist, drawn up on a unified T-5 form.

and sample

• Form, doc
• Sample, doc

Transfer to ½ rate

Transferring an employee to part-time at the employee's initiative is possible if the employee cannot cope with the responsibilities assigned to him or he needs additional free hours.

The procedure for such a translation:

1. Drawing up an application. It is issued in the name of the director of the company (enterprise) indicating the request for transfer to 0.5 rates and the reasons.
2. Drawing up an agreement to an employment contract. It must contain new changed conditions for performing the labor function (schedule of activities, length of the working week, payment system, etc.).
3. Issuance by the employer of the relevant Order. It contains information about changes to the staffing table of the organization (enterprise).

In this case, no changes are made either to the personal file or to the work book, since the change in rate does not relate to information that requires indication in this documentation.

News

Head of the column: Irina Vitalievna ZHELUDKOVA, director of the ANO Center for Legal Expertise, independent expert on labor and service legal relations.

Parties to labor relations The Employee and the Employer are interested in the stability of labor relations. However, during the course of work, situations often arise when it is not possible to leave the employment relationship unchanged. There can be many reasons for such changes. These include changes in technological processes, and the need to resolve production issues for various reasons for the absence of workers, and other reasons. In such a situation, the need immediately arises to solve production problems using the translation procedure. The transfer procedure itself does not present any particular difficulties for the Employer, however, as the results of inspections and legal labor disputes show, Employers do not always correctly apply labor legislation. Let's look at the most common mistakes made when preparing a translation.

The legislative regulation of transfer is enshrined in Chapter 12 of the Labor Code of the Russian Federation “Changing the employment contract”.

Transfer to another job - 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 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 a permanent job 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).

It is prohibited to transfer or relocate an Employee to a job that is contraindicated for him due to health reasons. This definition of translation is given in Art. 72.1 Labor Code of the Russian Federation.

Based on this norm, the category of translation includes:

- change in the Employee’s labor function, under which, by virtue of Art. 15 of the Labor Code of the Russian Federation is understood as work in a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the Employee;

— change in the structural unit in which the Employee works (provided that the structural unit is specified in the employment contract). The Plenum of the Armed Forces of the Russian Federation in Resolution No. 2 <1> dated March 17, 2004 clarified that a structural unit should be understood as branches, representative offices, as well as departments, workshops, sections, etc.;

— transfer to work in another area together with the Employer, that is, to an area outside the administrative-territorial boundaries of the corresponding locality in which the Employer was located (clause 16 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2);

— transfer to another Employer.

Such transfers qualify as permanent transfers.

At the same time, the law also allows temporary transfers, which are allowed in the following cases.

1. Translation by agreement of the parties, concluded in writing for a period of up to one year.

2. Transfer to replace a temporarily absent Employee, who, in accordance with the law, retains his place of work - until this Employee returns to work.

3. Translation in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any other exceptional cases threatening the life or normal living conditions of the entire population or part of it.

Each of these types of transfers requires compliance with a certain registration procedure, which is regulated by labor legislation. Most often, it is when resolving procedural issues that the Employer encounters certain errors.

ERROR 1. With permanent transfers, the terms of the Employee’s employment contract most often change. Such transfers are possible only with the consent of the Employee; this is one of the main requirements of the Law. Such consent is made only in writing, in the form of an additional agreement. Such an agreement is drawn up before the order is issued and in which the parties agree on all the basic conditions of such a transfer. Based on the foregoing, it follows that if the Employer issued an order before written agreement with the Employee on the mandatory conditions of such a transfer, then such an order may have negative consequences. For example, the Employee will refuse to sign the proposed additional agreement in the future and begin work under new conditions. Such a transfer will be considered illegal.

ERROR 2. When the transfer is associated with a change in job function. Often there is an agreement between the Employee and the Employer on such a transfer, but the Employee is not familiar with the job description. If the employment contract does not contain the Employee’s responsibilities and the scope of his work is determined by the job description, then familiarization with it before completing the transfer is mandatory. Violation of this requirement in the event of further unwillingness of the Employee to perform the duties determined by the job description may lead to cancellation of the transfer.

ERROR 3. Errors often occur when processing temporary transfers. For temporary transfers, for example, when replacing a temporarily absent Employee, a prerequisite at the end of the transfer period is that the Employer is obliged to transfer the Employee to his previous place of work.

Such a guarantee must be stipulated by order. This is important to avoid a situation where another Employee may be hired permanently at the transferred Employee’s previous place of work.

ERROR 4. In case of temporary transfer, by agreement of the parties, for a period of up to 1 year, the Employer does not take any action after the end of the specified period and the Employee continues to work. At the same time, the Employer believes that it has the opportunity to transfer the Employee to his previous place of work at any time. Whereas, according to the requirements of the Law, 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.

ERROR 5. Often during transfers at the initiative of the Employer (which do not require the consent of the Employee) in cases provided for in Part 2 of Art. 72.2 of the Labor Code of the Russian Federation (extraordinary circumstances), the Employer allows violations in the execution of such orders. Since the Law determines the presence of special factors for such a transfer, the reasons that served as the basis for such a transfer must be reflected in the order. Compliance with this requirement is necessary to confirm the Employer’s position. This is important because in the event of a labor dispute about the legality of a temporary transfer without the consent of the Employee, it is the Employer who will have to prove the existence of extraordinary circumstances with which the law connects the possibility of such a transfer, so we recommend stocking up on evidence (clause 17 of the Resolution of the Plenum of the RF Armed Forces No. 2). At the same time, the Employer must remember that even in this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the Employee.