Transfer of an employee to another position: grounds, procedure

Dynamically developing modern technologies, discoveries in science and technology oblige company owners to react quickly and flexibly to market conditions. It is not surprising that this approach is also reflected in employees performing work functions for such employers.

We propose to consider the features of moving employees to other positions, the legal aspects of this phenomenon, the sequence of actions of the employer, notice of transfer and other types of documents that need to be drawn up.

What does transfer to another job mean?

It should be noted that transfer to another job is a change in the functions specified in the employment contract. It can be temporary or permanent. Depending on the type of translation, the order of its execution will change. Conventionally, this type of translation can be divided into several groups:

Remember, every case of a change in working conditions, workplace, position, or level of pay requires the implementation of certain actions on the part of both the worker and his employer. Violation of the procedure may result in the cancellation of decisions made.

An employee is transferred to another organization

The structure of many modern companies is designed in such a way that the company consists of several interdependent legal entities, each of which has its own name, OKVED code, is registered with the tax authority, and so on, but they all operate under the same brand and are part of a group of companies.
And often in practice there is a need to transfer an employee to a position or department that belongs to another legal entity. To formalize such a transfer, the employee must be fired and rehired. That is, transfer to another organization without dismissal is impossible.

companies are interdependent;

the companies are partners, and the future employer is interested in the employee;

for other reasons.

The basis for starting the transition process is the employee’s application. The form of such a statement is shown in Figure 3.

Based on this application, the current employer agrees with the company to which the employee wants to move on the possibility of his employment. Such agreement is made in writing.

The dismissal procedure is carried out in the general manner described above. Only in the record of termination of the contract in

work book

O.

Figure 3. Application for transfer to another company

Reference

Example from practice.

FinanceGroup LLC and EconomicsGroup LLC are partners. Ivanchenko D.S. works at FinanceGroup LLC as a client manager and one of the companies he runs is EconomicsGroup LLC. The management of Economy Group LLC were very pleased with the work of Ivanchenko D.S., and offered Ivanchenko D.S. position of head of sales department in . With the proposal of Ivanchenko D.S. agreed and wrote a statement addressed to the General Director of FinanceGroup LLC regarding his dismissal by way of transfer to another organization. The General Director of FinanceGroup LLC agreed on the termination of the employment contract on this basis.

that the employee was transferred with consent;

that the employee has been transferred upon request.

The transfer of an employee from one company to another is one of the general grounds for termination of an employment contract. And specifying the initiator of the transition in the work book does not have any legal consequences.

Important! Moving an employee from one employer to another is possible only with tripartite consent: the employee, the current and future employer.

In this article we looked at dismissal by transfer. This procedure has recently been used less frequently by employers, but in certain cases it is relevant.

To better understand the depth of the issue, let's start with a definition.

For example, an employee occupies a permanent position in one organization, but he was offered a more profitable job at another enterprise. Then he can transfer from one place of work to another. In fact, the employee quits the old enterprise and gets a job at a new one.

But before dismissing a transfer employee, the manager must have certain reasons. This is a letter of invitation from a future employer to a present one. Subject to the employee's consent and written request, the current manager may dismiss the transfer employee.

The Labor Code does not prescribe a clear algorithm for the manager’s action in this case. Mention of transfer to another organization can be found in Article 77 of this document. Therefore, when preparing documents for dismissal due to transfer, reference is made to Article 77 of the Labor Code of the Russian Federation.

In fact, business managers do not receive much benefit from this process. The same cannot be said about the employees. In case of dismissal in this way, the state protects the rights of the citizen, thanks to which he receives 100% employment.

If an employee has expressed a desire to resign by transfer, but his employer is against this, then the employee has no choice but to leave of his own free will. In this case, the employee is left without protection before the new manager.

That is, if dismissal occurs due to transfer, then the receiving party must employ the employee within a month, otherwise he may go to court. By a court decision, they can either reinstate him to his previous place of work, or oblige the head of the receiving enterprise to hire this employee.

If the dismissal occurs at will, then there will be no one to file a claim with.

There are several options for dismissing transfer employees. It all depends on who takes the initiative.

Option 1: The employee independently found an organization where he would like to work.

If the head of this organization is ready to hire an employee, then he writes a letter of invitation addressed to the current head, where he confirms that he is ready to hire his employee.

This written notice will be mailed or personally delivered to the incumbent. If he agrees with the transfer, the employee writes a letter of resignation in the order of transfer, on the basis of which a dismissal order is issued, an entry is made in the work book, personal card, final payment is made, and documents are issued in person (work book and income certificate for 2 years).

With them, the employee goes to a new place of work, where he is hired.

Option 2: The initiative comes from the manager.

There are times when an organization urgently needs to reduce its workforce or fire some staff. In this case, the employer can independently find a new place of work for the employee. Managers discuss all the nuances and receive written consent to the transfer from the employee. A tripartite agreement is signed, which specifies the position, salary, working conditions, etc.

What follows is the standard translation procedure.

Each of these options has its own characteristics. Therefore, any manager needs to know and be able to fill out all the necessary documentation. Now we will analyze each translation option in detail so that you know all the intricacies of this procedure.

1. The current employer receives a letter of invitation from an organization that is ready to hire his employee. It is drawn up in any form on the organization’s letterhead. It must indicate the position for which the employee is being hired and the approximate date of employment. Sometimes such a letter indicates the amount of the future salary, but this is not necessary.
2. An employee who wants to transfer writes a statement addressed to the head of the organization stating that he wants to resign due to the transfer.
3. After signing the application, a letter is sent to the organization that will employ the dismissed employee confirming the transfer. This item is optional, and the letter is drawn up for management’s consideration.
4. Next, the head of the enterprise creates an order, where it is necessary to indicate on whose initiative the transfer is being carried out “In the order of transfer at the request of the employee.” In addition, the order must make reference to clause 5, part 1, article 77 of the Labor Code of the Russian Federation.
5. After signing the order, it is registered in the Register of Orders for Personnel.
6. The order must be communicated to the employee in writing.
7. After this, in the employee’s personal card (T-2) on the fourth page, an entry is made about the employee’s dismissal, where a reference is also made to Art. 77 Labor Code of the Russian Federation. The employee must be familiar with all the records, after which he puts his signature on the card.
8. After this, a corresponding entry is made in the employee’s work book, according to the Instructions for filling out the work book. There are 2 recording options:

1. On the last working day, the employee is paid by issuing a settlement note (form T-61). Thus, the employee receives compensation for vacation and wages for days worked.
2. After which the former employee is given a work book. An entry about this must be made in the Book of Accounting for the Movement of Labor Books, where the employee puts his signature.
3. In addition to the work book, a certificate of salary for 2 months is issued.
4. After this, the dismissed employee is obliged to find a new job within 1 month.
5. When registering at a new location, a note is made in all relevant documents that it has been accepted for transfer.

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This version of the transfer procedure is similar to the previous one, so we will not repeat ourselves, but will talk about the differences and features of the transfer on the initiative of the manager.

1. The heads of enterprises agree among themselves that one fires the employee, and the second hires. This can be confirmed by a letter of invitation (as in the first option).
2. After this, the employee himself must be familiarized with the upcoming transfer. He must be told in writing about the position he will hold, the working conditions, and the salary amount. If an employee does not agree to a transfer, then no one can force him to change his job.

1. After which the receiving party receives a confirmation letter.
2. At an enterprise where an employee is fired, the manager issues a dismissal order, which states that the dismissal occurs with the consent of the employee. It is also necessary to refer to Article 77 of the Labor Code of the Russian Federation.
3. After which, appropriate entries are made in the work book and personal card, which also indicate that the dismissal is carried out with the consent of the employee. A sample record of dismissal in the order of transfer in the work book was discussed earlier in the first version.
4. All records and orders must be presented to the employee against his signature.
5. A settlement is made with the payment of all compensation, after which a work book and a certificate of income for 2 years are issued.

Transfer within an organization or to another organization

External and internal types of transfers differ significantly from each other in terms of the registration procedure. It is important to note that within an organization there may be two types of changes in an employee’s job functions:

Moving. When the employee's consent is not required. The employer simply issues an order that is binding. Failure to comply is regarded as a violation of labor discipline, for which disciplinary liability occurs. As a rule, in such cases, the title of the position and the terms of the employment contract do not change.

Translation. Involves obtaining the employee's consent. Concerns changes to the terms of his employment contract. These may be additional functions, the need to work in a different area, changes in payment terms, or job titles. The employee must be notified of this type of change in working conditions at least 2 months in advance. Any measures can only be taken after this period.

The procedure for transferring an employee to another job

Changing an employee’s working conditions is usually carried out at the initiative of one of the parties. As a rule, if the employee takes the initiative, the procedure is quite simple. The administration simply accepts his application and grants his request. The transfer is carried out from the date specified in the application. You just need an order from the employer, without any additional procedures.

It is more difficult if the initiative comes from the employer, but the employee does not agree with it. This is usually possible in the following situations:

• an employee needs to be demoted due to poor performance or failure of certification results;
• there has been a change in the company's approved organizational structure;
• it is necessary to reduce personnel (staff);
• it is required to transfer an employee for further work in one of the regional branches of the company;
• a temporary vacancy has appeared, which they are trying to fill with one of the current employees with a lesser functional load.

Considering that if an employee agrees to the employer’s proposal and supports such agreement with a written statement, the procedure is significantly simplified. Therefore, we will consider the sequence of actions when a worker refuses to voluntarily switch to new working conditions.

The procedure will be as follows:

1. Based on an analysis of the current situation, the employer issues an order to the company to transfer the employee to another job. There must be at least 2 months from the date of issue of the order to the day of the actual transfer. The document should be familiarized to those involved against signature.
2. The employee is sent a personal written notice of future changes in his working conditions and the employer’s proposals for further work. Additionally, it is advisable to offer available vacancies that correspond to the level of his qualifications.
3. After the expiration of the two-month period, in case of refusal of further working conditions proposed in the notification, the employee can be dismissed as someone who refused to work under the new conditions.
4. If consent is received, then it is formalized by a statement (from the employee) and an order (from the administration).

Remember, there must be valid reasons for forcibly transferring an employee to another position. Otherwise, such actions can be appealed, reinstated in the previous position and received compensation for the entire period of work in the new status.

Sample application for transfer to another position in 2021 - how to write, temporarily

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Often an employee of an enterprise is offered a promotion or simply a transfer to another department or a new position. Such a transition is accompanied by changes in job responsibilities, employee powers and working conditions.

The transfer of an employee to a new position within the enterprise requires documentary justification and confirmation. To do this, the employee must write a corresponding application.

What it is

Transfer to a new position is a change in the employee’s job function within the enterprise. According to Art. 71.1 of the Labor Code of the Russian Federation, the transition can only be completed with a written statement confirming the employee’s consent.

When making such changes, the conclusion of an additional contract to the employment contract is mandatory.

Reasons for transfer may be:

• employee's desire;
• by necessity;
• medical recommendations.

Translations do not include:

• temporary or permanent change of work office or departure to remote work in the same organization;
• changing a working machine or other tool, unless the measure requires the conclusion of an additional agreement.

Only in these cases does the employer have the right not to agree on the decision with the employee. In other cases, approval is required even when transferring due to production needs.

The initiator of the transfer can be:

1. Employer in case of staff reduction, enterprise reorganization or for other reasons related to the production process. In most cases, the employee can refuse or agree. Refusal is only possible in the following situations:
   during temporary transfer to replace absent personnel;
2. if necessary, prevent an accident or other force majeure.
3. An employee when a suitable vacancy is discovered within the enterprise. The employer can also agree or refuse. Refusal is unacceptable if:
   the employee is pregnant or has a child under 1.5 years of age;
4. the employee has medical contraindications to a certain type of activity;
5. employees injured as a result of working in their current position.

Other situations are considered in the general order. The translation is made by agreement of the parties.

Types of transfers

There are two types of intra-company transfers:

1. Permanent translation related to:
   reorganization of the enterprise or change of department;=
2. relocation of management or company to another city;
3. making changes to the employment contract and employee responsibilities, including promotion.
4. Temporary transfer associated with a change in job responsibilities for a short period. The procedure includes:
   changing one activity to another. Moreover, if the employee does not return to his original duties within a year, then the transfer from temporary becomes permanent and requires appropriate changes to the contract;
5. replacing another employee for various reasons. In this case, the maximum replacement period does not play a role. The actual date of the replaced employee's return to work is important;
6. medical conditions due to which the employee cannot perform previous duties for some time. If the indicators do not change, the transfer may become permanent.

A change of activity does not require changes to the work book due to the fact that the transfer is carried out temporarily.

If, after the expiration of the period, the employee does not want to return to his previous duties, then the transfer may become permanent if there is no reason to return to the old position.

For example, when the employee being replaced quits. Such changes are recorded in the work book and an additional agreement to the contract.

If the salary in the new position is lower, then the employer must maintain the monthly salary during the first month of work. If the transfer is a temporary measure due to health reasons, the previous salary will be maintained for the entire period.

How to write

The application for transfer is submitted by the employee in simple written form or according to a sample developed within the company.

Despite the absence of a unified form, the document must contain the following data:

• name “statement”;
• name of the organization or individual entrepreneur;
• information about the employee: full name, position and passport;
• career objective;
• reasons for transfer;
• date and personal signature.

In the main part of the document, the applicant must also indicate that he has become familiar with the requirements for labor duties and working conditions in the new position.

The following documents can be used as a basis for transfer:

• child's birth certificate;
• diploma of education;
• medical certificate, etc.

A list of all attached documents is also indicated in the text of the application.

As a rule, there are no special requirements for design, but there are some nuances:

• the application must be filled out by hand, printed or on a special form;
• acceptable sheet format – A4 or A5;
• the application is written in two copies, one of which remains with the applicant;
• a copy of the application submitted to the employer is numbered and registered in the internal document flow log.

In addition to the applicant, the document must be signed by:

• the head of the department at the applicant’s current place of work;
• the head of the department to which the application for transfer is submitted;
• the head of the personnel department or the head of a legal entity.

The application must be kept in the archives of the enterprise for 75 years.

Sample application for transfer to another position:

The submitted application does not guarantee a transfer to the selected position. The decision is made based on the request received. If the decision is positive, the employer issues an appropriate order and transfers the employee to a new position.

How to make a transfer

The procedure and procedure for transferring an employee from one position to another looks like this:

1. Filing an application or issuing an order. The transfer procedure begins with the employee submitting an application at his own request or at the suggestion of his manager. At the same time, whether to agree to the offer or not is the decision of the employee of the organization.
2. Drawing up an additional agreement. The additional agreement is attached to the main employment contract and guarantees the transfer of the employee to another position. The agreement also establishes the rights and obligations of the parties, prescribes new working conditions and requirements for the performance of work. Drawing up additional papers is not required for a temporary transfer. Sample agreement:
3. Issuance of a transfer order. The order is an internal administrative document and is issued by the head of the enterprise. The order has a standard form T-5 for the transfer of one employee and T-5a for the transfer of several employees at the same time. Each employee must read the order and sign the notification. Sample order:
4. Filling out a work book. Changes are being made in accordance with the Labor Code of the Russian Federation. The employee must be notified of each new entry in the work book. Sample of changes made:
5. Filling out a personal file. The personal card is filled out upon transfer to another place or position. The application for transfer is included in the file. If necessary, the HR department employee fills out other internal documents related to the transfer.

In practice, transferring to a new position or to another department in a business environment is not a rare occurrence. The need for translation may be due to various reasons. However, the procedure itself is quite simple and quick if the employee agrees to the changes.

In another case, when the transfer occurred at the initiative of the employer without written approval and compelling reasons, the employee can appeal the decisions. As a rule, senior management or even the court remains on the side of the employees.

Is it necessary to obtain the employee’s consent for a transfer?

The interaction between the administration and the employee regarding changes in working conditions comes down to two areas:

1. When obtaining the worker's consent is not required . This option is only possible if you have to perform work under a previously concluded employment contract within the area where the base office is located. Here, an order from the manager is sufficient, to which the employee is introduced upon signature. Failure to comply with an order is a disciplinary offense with all the ensuing consequences.
2. The need to obtain employee consent . Any initiative of the administration related to the need to change the initial terms of the employment contract, level of remuneration, job title, functions, even if such a proposal is based on a medical report, must be accompanied by obtaining the consent of the employee. The absence of such a document means the employee’s refusal of the employer’s offer. Further actions will depend on the situation. For example, an ordinary worker can be fired after a two-month period. In the case of a pregnant worker, the employer will have to look for other compromise options.

Remember, obtaining consent depends on the situation and further conditions for performing work functions. If they do not change, then consent is not required.

Is a temporary transfer always made to replace an absent employee?

Art. 72.2 of the Labor Code of the Russian Federation allows for a change of position of an employee for a certain period. Subject to the approval of the employee (Part 1 of this article), the transfer can be:

1. Associated with replacing a person who is temporarily unemployed. There is no time limit for this type of temporary transfer; the duration of work in a new position in this case is determined by the moment the replaced person returns to work.
2. Not associated with such substitution. In this case, you can transfer to a new position for a period of up to 1 year, but it must be specified in the order.

A temporary transfer is processed in almost the same way as a permanent one. There is one difference here - you don’t need to make any entries in the work book. When the transfer period ends, the employer can (and is even obliged, if the worker so requests) to transfer him to his previous position. If for some reason this does not happen, the transfer becomes final, after which, without the employee’s consent, he cannot be transferred either to his previous position or to any other.

Rules for drawing up a notification

The legislation does not provide for any standard template for drawing up a notice of changes in significant working conditions. At the same time, based on judicial practice, as well as the requirements of labor legislation, some basic points are highlighted that should be present in the notification.

These include:

1. Company name. Her legal address. Usually all this is indicated in the header of the standard enterprise form (side stamp).
2. Date of signing. Additionally, it is advisable to add to this the registration number in personnel records. This shows that the document is real and was not created “retroactively.”
3. Full name and position of the employee to whom the notification is addressed. The title of the document must be indicated.
4. Notification text. It is written in any form, but must necessarily have a reference to the basis (order of the employer), the reason for the upcoming changes, as well as a specific proposal for a way out of the current situation. Alternatively, this could be a change in position, salary, or direct place of work.
5. Position, signature and transcript of the signature of the official authorized to sign such documents.

How to transfer an employee to another position at the initiative of the employer?

If there are grounds for transferring an employee to another position, the head of the organization has the right to implement the designated process. The fundamental condition for a transfer at the initiative of the employer is the need to obtain written consent.

Depending on the type and grounds, the procedure for an employee’s transition to a new workplace may differ. In standard form, the employer’s procedure is as follows:

• If the director of an enterprise has a need to transfer a specific employee to another position, it is necessary to first find out whether such a transfer is permissible and whether it does not contradict the health status of the subordinate;
• Next, you need to notify the employee of the employer’s desire to transfer him to a new workplace two months before the expected date of transfer. This is done by means of a written notice sent to the worker;
• After reading the written notice, the subordinate draws up a document in which he notes his consent or refusal;
• If the employee approved the employer’s initiative and the parties agreed on the terms of further cooperation, it is required to document all the nuances that relate to the employee’s work activity in the new conditions;
• At the end, the head of the company issues an order.

It seems important to note some features that relate to the employer’s procedure when transferring an employee to a vacant post in the event that the designated procedure differs from the standard one.

Features of transferring an employee to a new position:

• If the employer plans to transfer a subordinate to a new workplace on a temporary basis, there is no need to issue a notice to the employee. This rule applies when the worker will perform the work duties of a colleague if he is on sick leave, vacation or on a business trip;
• When temporarily transferring an employee, it is not necessary to make additional changes to the content of the work agreement or to the employee’s work certificate. It will be sufficient to confirm the transfer to another position by issuing an order;
• If an employee is transferred to work in another organization, then the cooperation agreement with the worker at the previous place of work is terminated, and another agreement is concluded at the new one.

Is it possible to transfer an employee without his consent?

If the transfer of an employee is carried out at the request of the head of the enterprise, he is obliged to obtain written consent from the subordinate. However, labor legislation provides a list of cases on the basis of which an employee can be transferred without his consent. To prevent cases of violation by an employer of an employee’s rights, the Labor Code defines the conditions for transferring an employee to a new place of work without his consent:

• The maximum length of time during which an employee will work in another position is one month;
• Payment for the labor activity of a subordinate, according to article No. 72 of the Labor Code of the Russian Federation , is made according to the time worked or based on the complexity of the work performed. At the same time, the amount of earnings when transferring to another position cannot be less than when working in the previous one;
• If an employee is not allowed to perform duties due to health reasons, the employer does not have the right to transfer him;
• To transfer an employee to another post, there must be compelling reasons. These include: the need to prevent disasters and emergencies that may pose a threat to people’s lives or the employer’s property;
• earthquake;
• development of epidemiological diseases;
• preventing forced downtime of the organization.

What documents are required?

The procedure for transferring an employee to a new position is strictly regulated by labor legislation. Failure to comply with the prescribed conditions is punishable by law. For the correct implementation of the process, it is important to pay special attention to the documentary side of the issue and properly draw up the necessary acts.

The primary document, the publication of which initiates the process of transferring an employee to another position, is a notification on behalf of the head of the enterprise. When writing the notice, the employer must note the personal data and position of the employee whom he plans to transfer, the basis for the transfer and the post that is offered to the subordinate. Finally, it is necessary to draw the employee’s attention to the opportunity to issue a refusal.

At the next stage, the employee must draw up a written act as a sign of his consent to the transfer and change of occupation. The content indicates the personal data of the participants in the cooperation and the consent of the subordinate to transfer.

In addition to the indicated documents, it is necessary to make changes to the following acts:

• Employment contract . If the working conditions change after the transfer, all adjustments are negotiated between the employee and the employer and are noted in an additional agreement to the work contract;
• Order . The order has a strictly unified form T - 5 . Based on the order, the employee is transferred to a new post from the day indicated in the contents of the order;
• Worker's personal card. If an employee is transferred to a new workplace on a permanent basis, information about the upcoming transition is reflected in the person’s personal records;
• Employment history. In addition to the personal card, information about changes in the employee’s work activity is entered into the work certificate.

Employee refusal

Cases of an employee refusing to be transferred to another position are not uncommon. Especially when it comes to demoting a worker. If there are other options for employing a person and continuing cooperation, the manager offers them to the employee, and may also remove him from professional duties for up to 4 months without pay. In the absence of valid reasons for refusal, the employer has the legal right to terminate the employment contract.

To confirm the legality of the dismissal procedure, the head of the company records the refusal through an appropriate act. The document reflects the personal data of the employee, the basis for dismissal, as well as the article of the Labor Code of the Russian Federation in accordance with which the process is carried out, namely 73 and 77 .

Transfer of an employee to another position (working conditions)

Now let’s look at the procedure for registering the employee’s agreement with the employer’s proposal. Signing a notice of transfer to another position (working conditions) does not mean that the employee will no longer need to do anything.

Then the work of the personnel department begins. It consists of the following actions:

1. The employee is called to the HR department, where he is asked to write an application for transfer to another position (providing consent to change the existing working conditions).
2. The personnel department prepares an order from the manager and, at the same time, a new employment contract (addition to the existing one). The citizen is required to sign the prepared labor agreements, after which they, together with the order, are submitted to the employer for signature.
3. The worker gets acquainted with the signed orders by signature. One original copy of the employment contract (addition to it) is given to the worker.
4. You must begin new duties on the date indicated in the order.

Remember, without a written application from the employee, the procedure for registering a transfer (changing existing working conditions) will not be carried out.

Sample proposal for transfer to another position

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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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How to formalize dismissal due to relocation? You will learn about this here.

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

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Transfer to another position

A common practice in production is to transfer an employee to another position for some reason. Current legislation requires all changes in labor relations to be documented.

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Legislative regulation of the issue

The issue of transferring employees within departments or labor functions of one enterprise is regulated by the labor legislation of the Russian Federation, in particular, articles 30, 35, 40, 73, 77 of the Labor Code of the Russian Federation and other regulatory documents.

The regulation of this procedure is described in the following video:

General transfer procedure

An employee of an enterprise or organization may be transferred to another position on his own initiative, on the initiative of the employer, or for health reasons. In addition, this transfer may be temporary or permanent.

When transferring to another permanent job , the reasons may be :

In cases where the transfer of an employee within an enterprise is related to his state of health , he may be offered easier working conditions. The same applies to the transfer of an employee to another position due to her pregnancy.

The Labor Code of the Russian Federation prescribes in a number of cases, when transferring an employee for health reasons to a position with a lower salary, to leave him with the average salary (established for the position he previously held) for one month from the date of transfer.

When the reason for the transfer is an occupational disease or injury received at work, the employee retains his old salary for the entire period of performance of his professional duties in this position.

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Drawing up and processing of necessary documentation

If the transfer is carried out on the initiative of the employee , then he is required to submit an application or memorandum , which indicates the real prerequisites justifying the upcoming transfer.

If a temporary transfer is carried out, then it is necessary to indicate the end date of his work in this position.

The main content of the order to transfer an employee in an organization to another position must include the following data:

Also, in connection with the transfer, the HR department makes a special note in the work book and in the employee’s personal file. The basis for such marks is an order to transfer the employee to another position.

In what cases does translation become mandatory?

Mandatory grounds for transferring an employee to a new position in the organization are:

This type of personnel transfer must be carried out with the mandatory consent of the staff.

Refusal to transfer and what to do in this case

The rules for carrying out personnel transfers in 1C are presented in the following video lesson:

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Permanent transfer: 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 of the step-by-step permanent transfer procedure:

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 the new position), other local regulatory legal acts directly related to his new work activity is an important step in the step-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 sign confirming familiarization and indicate the dates of familiarization.

3. Signing a transfer agreement between the employee and the employer.

If there are grounds, an agreement on full financial liability or an agreement to amend the existing agreement on full financial liability is also signed.

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

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.

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

7. Registration of the order (instructions) in the order established by the employer, for example, in the journal for registering orders (instructions).

8. Familiarization of the employee with the order (instruction) against signature .

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.

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Source: https://www.otvetjurista.ru/obrazec/predlozhenie-o-perevode-na-druguju-dolzhnost.html

Temporary transfer of an employee to a higher position

Career growth is the place for every worker. But a temporary increase does not mean that the employer has already made a final decision. At the same time, an increase in the amount of work, as well as responsibility, does not always please a potential candidate for such a temporary position. Therefore, to avoid misunderstandings, it is advisable to follow the procedure here too. It will be as follows:

1. The employee is provided with written notice of the possibility of temporarily performing duties in a higher position.
2. The potential candidate writes a statement confirming his agreement to temporarily perform a larger volume of work for a higher position.
3. The employer issues an order temporarily assigning leadership responsibilities to the employee.
4. After the employer finds a permanent candidate, or the worker decides to refuse this job, a new order from the employer is issued, according to which everything returns to its original position.