Concept
Transfer to another place of work is a temporary or permanent change in the duties that an employee performs at the workplace.
When transferred to another workplace, the employee does not leave his employer, only his type of activity changes.
In some cases, transfer involves redistribution to a neighboring locality.
When is transfer to another job allowed?
Transferring an employee to a new job is permitted in the following cases:
reduction or increase in staff;- winding down the activities of an enterprise in a given locality or opening new branches or production facilities;
- employee career advancement;
- medical restrictions for the employee;
- forced removal of an employee from his position.
Conditions and grounds
The Labor Code of the Russian Federation prohibits the transfer of an employee to another job if the employee does not agree to this.
In Art. 72 of the Labor Code of the Russian Federation regulates the reasons why an employee can be transferred to another workplace without his consent.
An employee cannot be transferred to a job that doctors prohibit him from performing.
A new job can be either temporary or permanent for an employee.
Employees move from one job to another with the knowledge or order of the employer.
The employee himself may also express a desire to be transferred to another job.
Commentary on Article 72.1 of the Labor Code of the Russian Federation
Changing the terms of the employment contract that determines the employee’s place of work is made taking into account the provisions of Articles 72.1, 72.2 and 73 of the Labor Code of the Russian Federation. First of all, we draw the attention of dear readers to the fact that, in accordance with Article 72.1 of the Labor Code of the Russian Federation, transfer to another job means:
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;
b) transfer to work in another area together with the employer. The transfer of an employee to another workplace (to another structural unit) located in the same area does not require consent, if none of the previously determined terms of the employment contract changes. This situation, in accordance with part three of Article 72.1 of the Labor Code of the Russian Federation, qualifies as displacement.
Classification of translations
Transfers from place to place can be internal or external.
An internal transfer involves a temporary or permanent change in the employee’s field of activity. When transferred to another workplace, the employee continues to work for his employer.
External transfer is the transfer of an employee to a new employer.
For an external transfer, the consent of the employee and his current and future employers is required.
The rules for transferring to another job are standard:
- writing by an employee writes statements;
- an employee’s employer’s appeal to his future employer with a request to hire this employee;
- receiving a response from a future employer;
- transfer of an employee to a new employer if he agrees.
As the basis for such dismissal, the employee’s statement is recorded in the work book, as well as the serial number with the date of the call letter.
What to do if an employee refuses a transfer?
Due to change in work schedule
The enterprise may need to transfer an employee to a different work schedule than he worked before. The law establishes that the administration is obliged to warn the employee about this event no later than 2 months before the date of entry into force of the changes.
The employee may not agree with the new working conditions. In this case, he must be offered all available vacancies at the plant. In a situation where an employee refuses all offers or management has nothing to offer him, he can be dismissed unilaterally at the initiative of the employer.
From moving to another area (branch)
An employer can change its legal address and move to another location. All employees must be notified 2 months prior to the event.
At the same time, the law establishes that the administration must compensate for the following costs:
- Relocation of an employee and his family members to a new place;
- Transportation of property to a new place of work;
- Arrangement at a new place of residence.
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The employee is sent a written communication and must also express his decision in writing within a certain period.
Attention! If a statement of consent is not received within the specified period, this is considered a refusal. In this case, the employer formalizes the dismissal unilaterally.
Kinds
Transfers from one job to another are also divided into permanent and temporary.
Permanent transfer – unlimited. Such a transfer is carried out with the consent of the employee .
If the employee does not agree, then the labor commission or court must confirm the transfer. Without confirmation, the transfer will be illegal .
Permanent transfers are divided into separate types:
- A transfer in which the employee's employer does not change . The employee continues to work in his company, only the scope of his activity and a number of clauses of the employment contract change, the changes of which are noted in the employee’s work book.
- Transfer to another job in another locality together with the employer. When an employee is transferred to work in another locality, the employment contract remains in force because the employee still works for his employer. Certain clauses are simply changed in the contract, which is done entries in the employee’s work book.
- Transfer to another workplace due to changes in the structure of the enterprise . When the structure of a department changes and employees are transferred to other workplaces, they continue to work under already concluded employment contracts. All changes in the work of transferred employees are recorded in their employment contracts and work books.
- Permanent transfers also include external transfers of employees to another job.
An external transfer is the dismissal of an employee from one job and transfer to another without a break in seniority.
In this case, the employee’s old employment contract becomes invalid, and another employment contract is concluded with the employee at the new place.
The dismissal of an employee and starting a new job must be reflected in his work book.
Temporary transfers to another job are a change in the scope of his activity for a while.
Temporary transfers are:
- by mutual agreement;
- produced without the consent of the employee;
- produced if necessary for the employer.
Transfer by mutual consent requires written consent to the transfer of the employee. The term of such a transfer is no more than a year.
If an employee was transferred to replace him, then until the employee he replaces leaves, he will work in his position.
Without consent, an employee may be transferred to another job in the following cases:
- natural disasters;
- fires;
- floods;
- earthquakes;
- epidemics;
- temporary stoppage of production;
- the need to replace another employee.
The term for such transfers is one month .
An employer can transfer an employee to another job if the employee has health problems, as well as in the event of pregnancy.
The employee must agree to the transfer. If the employee does not agree, the transfer will not be legal.
The employer will have to release the employee from work (if for medical reasons this period does not exceed four months) and retain his job, or (if the period is more than four months) dismiss the employee.
Transfer to another structural unit without the employee’s consent. | Saransk
You do not indicate the reason for the transfer, read the highlighted, apparently, your superiors are right.
Not enough information.
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)
Guide to HR issues. Questions of application of Art. 72.2 Labor Code of the Russian Federation
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 position is retained in accordance with the law work - before this employee goes to work
u. 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 work not stipulated by the employment contract with the same employer is also permitted in cases of downtime (temporary suspension of work for reasons of economic, technological, technical
or organizational nature), the need to prevent destruction or damage to property or to replace a temporarily absent employee, if the 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.
Procedure for transferring to another job
Transferring to another job can be both a way to solve the company’s problems and the employee’s personal desire.
If an employee has decided to transfer to another job, the transfer procedure is as follows:
- the employee fills out an application stating the reason for the transfer and the desired position;
- the employer signs the application;
- an accompanying entry is made in the employment contract;
- the employer issues an order;
- related entries are made in the employee’s work book, personal card, account, work schedule, etc. documents.
If the transfer was offered by the employer , then the transfer process is as follows:
the employer warns the employee in writing about the upcoming transfer;- the employee gives his written consent to the transfer;
- necessary additions to the employment contract are made;
- the employer signs the corresponding order;
- amendments are made to the employee’s work book, personal card, account, work schedule, etc. documents.
You can submit a form for transfer to a new position. You can also provide a sample application for transfer to another job.
