Transferred to a new position. Transfers permanent and temporary. Transfer of an employee within the organization

In each company, there may come a time when one of the employees needs to be transferred to another position. There are many reasons for this, but this situation is rare, so not everyone knows how to arrange the procedure properly. We will try to explain the transfer process within the company in an accessible way.

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What it is

Translation into new position- this is a temporary or permanent change in the labor functions of an employee. The employer does not change. In other words, this process is called "movement". An employee can work both in one company and in its division.

The initiator of the transfer can be both the manager and the employee himself. Often he realizes that he would have worked much more productively in a different position, which would have changed the company's performance. Management should listen to the opinion of each of its employees.

It is important to note that such a transfer is not possible if the employee does not agree with it. Below we will consider the design process, where this moment will also be taken into account.

Transfer within the company may concern not only a change of position, but also a place of work. For example, it is not uncommon for engineers working in offices to temporarily travel to supervised facilities in another area. Also, a change of unit is considered an internal transfer.

Particular attention should be paid to situations where the transfer is carried out from one unit to another.

There are several options for the development of events:

1. The presence of the unit is stipulated in the employment contract with the employee.
2. If the subdivision is not specified in the document, any conditions in it are changed.
3. In the case when there is no mention of the unit in the employment contract, but the working conditions and functions of the employee remain the same.

Only the last case out of three can be considered as displacement. The first two should be considered by the HR department as a process of changing the position of an employee. Formatting is done accordingly.

Let's talk about what the law says about moving within one company.

Legislation

The norms for the transfer of employees to new positions within the company are described in article 72.1 Labor Code RF. Also great importance have the provisions of Article 72.2.

Thus, temporary relocation of an employee is possible without his consent for up to 1 month in the following accidents:

• accident at work;
• fires and other natural disasters;
• emergencies.

In this case, exactly one month is allotted to eliminate the consequences of the accident. Without consent, the worker will be forced to perform even the work of the lowest qualification. Everything is within the law. Wages are set at the level of the average from the previous one, so that the rights of a citizen are not infringed.

The law also says that the employer has the right to move the employee without his consent, if none of the clauses of the labor agreement signed by them earlier is violated.

The area of ​​employment should not change either. An example of such a movement would be the transfer of a person from one machine in the workshop to another.

The transfer is not a transfer to work with another employer, since according to Article 77, paragraph 5 of the Labor Code of the Russian Federation, labor relations will be terminated.

Particular attention should be paid to article 220 of the Labor Code of the Russian Federation. It says that the transfer can be initiated by the employee himself, if there is reason to believe that the performance of certain functions in the enterprise has become hazardous to health.

The employee has every right to refuse to do his job, and if he is not offered a new position, the company will continue to pay wages.

Kinds

The transfer of an employee to another position within the organization is divided into two types:

• temporary;
• constant.

Even a change of position for a few weeks is considered a move and requires correct design. Let's talk about how to transfer a person to a new position temporarily.

According to the law, the employer must comply with a number of requirements:

• the maximum period of temporary transfer should be 12 calendar months;
• the presence of written consent from the employee to the movement (the exceptions described above should be taken into account).

In this case, the employee and the employer enter into an additional agreement, which stipulates both the period of temporary transfer and payment.

It is not required to draw up a new employment contract, moreover, you should not make a new entry in work book.

The permanent move can be initiated by the employee himself or by his employer. If the company has a vacant position, one of the employees can apply for it. In this case, the choice will be for the authorities.

It happens that the movement of an employee is forced.

The grounds for this are:

• if the employee is recognized as inappropriate for the position held;
• if another person is reinstated to his position by a court decision for illegal dismissal;
• suspension or expiration of a special license, permits, driving license or other permits that are mandatory for the performance of any functions;
• bringing a citizen to administrative responsibility (in case of disqualification).

In all these cases, a permanent transfer is made to a new position with a commensurate or reduced wage rate. A higher position is offered to an employee only by decision of the head and at his discretion.

If the work is permanent, an entry must be made in the work book. Other documents are also subject to re-issuance, which we will discuss below.

Foundations

The reasons for the transfer to a new position within the organization may be different.

At the initiative of the employee, this most often happens:

• from the desire to take a vacant position vacated in the process of working in the company;
• when it is no longer possible to perform their functions, for example, due to illness.

The most likely reasons for a change of position within the organization at the initiative of management are:

• production necessity or staff reshuffling;
• reduction of staff and number of posts;
• unsatisfactory certification of the employee (inconsistency with the position held).

All reasons for the transfer must be discussed with the employee. In most cases, the issue is resolved by mutual agreement.

How to issue

The registration procedure depends on what kind of movement is carried out within the organization, temporary or permanent.

When a temporary function of an employee of the personnel department are as follows:

1. Acceptance of a statement from an employee about the desire to take a new position (formal consent, which is written on the basis of a memorandum from the immediate supervisor of the employee, certified by the director of the organization or unit). A sample application is provided below:
2. An additional agreement is drawn up to the employment contract, which sets out in detail all the changes. Sample agreement:

   

3. On the basis of an additional agreement, an order is issued in the T-5 form. Sample order:

   

4. No additional information is included in other documents.

It is important to know that after one year, the employee has the right to demand that he be transferred back, but if this period has passed, the employer himself will not be able to return him back without written consent.

If the displacement is constant, then the process is reduced to the following steps:

1. In relation to the employee, a written invitation is drawn up to take a new position (the basis of this document will be the memorandum mentioned earlier).
2. In case of consent, the employee submits to the personnel department an application addressed to the director with a request to transfer him to a new position, which will serve as consent.
3. Further, an additional agreement is drawn up with the employee.
4. Based on this document, an order of the appropriate form (T-5 No. 5) is issued.
5. Entries are made in the employee's personal card and in his work book, as well as in other documents.

We invite you to familiarize yourself with the documents that appear in the list.

Even if, when moving, a citizen receives more favorable and highly paid working conditions, an application-consent will have to be written.

We will also touch on the issue of making an entry in the work book in more detail. In this case, the main column fits into which structural subdivision(if the transfer was carried out from one to another), and to what position the employee was transferred. The date is also put and the basis is entered - the number and date of the order.

A sample is shown below:



What will be considered a violation

The main violations during the transfer relate to the lack of consent of the employee to the transfer in cases where it is necessary. Subsequently, it will be impossible to prove the opposite. It is also necessary to distinguish between a temporary translation and a permanent one when making changes to documents.

Article 72.1 stipulates that if the state of health of a person does not allow, it is prohibited to transfer him to another position that would affect this state.

If the forced transfer took place without consent, a reduced wage rate in the new position will be considered a violation.

Moving to a new position is a simple procedure that does not require special knowledge from the personnel officer. You should carefully study the legislation and act within strictly defined limits.

Labor relations in modern society differ in complexity and ambiguity. They include many nuances that must be considered by both the employee and the employer.

A common practice in production is the transfer of an employee to another position for any reason. All changes in matters of labor relations are required by the current legislation to be documented.

Legislative regulation of the issue

In order for such a major change in the employment relationship to take place legally, it is required to draw up transfer order- a special document fixing the rearrangements that have occurred in production.

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

From a legal point of view, this procedure means a change in the essential conditions of the previously concluded. In this regard, the employer instructs the employee to perform work in accordance with another profession, specialty, qualification or position. The only exception is a change in the name of the profession of this employee, then this is not considered a transfer.

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

General order of transfer

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, said transfer may be temporary or permanent.

Permanent and temporary transfers differ in time frames and design features. In the first case, with a permanent translation, an irreversible change follows labor function, why with an employee in without fail conclude , a corresponding entry is also created in . In the second case, changes are recorded only in the order.

When transferring to another permanent work grounds may be:



If carried out temporary transfer to another position, the date of completion of the work may not always be known. As a rule, the main reason for the temporary transfer of an employee is the replacement of another employee who will not work for this production for an unknown period of time ( , maternity leave, child care, etc.).

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

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

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

An employee may be transferred to another position in an organization at the initiative of the employer or in connection with self-interest and plans. The order also formalizes the transfer of the employee to a new workplace to a branch or territorial subdivision organizations.

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Compilation and execution of the necessary documentation

In case of transfer to another position at the initiative of the employer, the employee is provided notification from the management of the enterprise about the proposed changes in his work biography.

If the transfer is made at the initiative of the employee, then it is required to supply statement or memorandum , where the real prerequisites are indicated that justify the upcoming transfer.

An application or a memorandum requesting a transfer to another position, an amendment to an employment contract, a medical report and other types of documents act as the basis documents for the transfer procedure and drafting employee transfer order to another position.

The corresponding order draws up the procedure for transferring an employee to another position and is issued by the management of the organization. This document can be submitted in any form, or it can be approved using a form specially created for it (both cases are allowed by law).

The unified form of the order is contained in the T-5 form (applied if one employee is transferred to another position), or in the T-5a form (if a group of employees is planned to be transferred). As a rule, the uniform drawing up of an order is more convenient and is used most often. Filling out the order can be done by hand or using a computer set on electronic means.

If the order is drawn up according to ready-made forms - T-5 and T-5a, then it already has ready-made details for the transfer, and you only need to enter the missing information: the name of the organization, its number and date of the document, as well as the date the employee was transferred to another position within the organization.

If a temporary transfer is made, then the end date of its transfer must be indicated. labor activity in this position.

AT the main content of the order on the transfer of an employee in an organization to another position, the following data must be entered:

1. Full name of the employee in respect of whom the document is being approved;
2. the date from which he must be transferred to another position;
3. previous place of work or position of the employee;
4. what type of transfer is carried out (temporary or permanent);
5. information about the new place of work and position;
6. the basis (reason) for such a decision;
7. the amount of salary, tariff rate, as well as allowances and bonuses (if any) of the employee.

Responsibility for drawing up the order lies with the specialist of the personnel department of the enterprise. The document is signed by the head of the organization, and the employee who is transferred to another position puts his signature after reading the order.

Change of conditions employment contract when transferring an employee to another position, it is fixed in the execution of a special additional agreement. In particular, working conditions are subject to change, etc. After signing by the employee and the employer, the document being drawn up becomes part of the employment contract concluded by the two parties to the employment relationship.

Also, in connection with the transfer, a special mark is made in the work book and in the personnel department. The basis for such marks is the order to transfer the employee to another position.

When does translation become mandatory?

Mandatory grounds to transfer 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

Employee, even if present sufficient grounds to transfer him to another position, he has the right to refuse him. Sometimes situations arise when the employer himself cannot find a suitable place for his employee that would correspond to the new working conditions:



The rules for conducting personnel movements in 1C are presented in the following video lesson:

By general rule the transfer of an employee is made only with the consent of the employee. But there are situations when a temporary transfer to another position at the initiative of the employer is possible without obtaining the consent of the employee. For information on how to arrange a transfer to another job at the initiative of the employer and when it is not required to coordinate the transfer with the employee, read the article.

From this article you will learn:

• what types of translations exist;
• how to transfer an employee to another position at the initiative of the employer;
• the procedure for transferring to another job at the initiative of the employer;
• when you can issue a temporary transfer without the consent of the employee.

What types of translations are provided for by labor legislation

The concept of translation contains article 72.1 of the Labor Code of the Russian Federation. It:

• permanent or temporary change in the labor function of the employee;
• or a change in the structural unit in which the employee works. With regard to a change in the structural unit, the transfer will take place only when the structural unit is indicated in the employment contract;
• or transfer to work in another area with the employer.

So, in all three of the above cases we are talking specifically about transfers within the same organization. Meanwhile, in practice, however, most often there is a transfer to another job (another position). Therefore, it is this type of personnel procedure that we will consider in this article.

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Transfer to another position can be of two types:

• constant;
• temporary.

These personnel procedures differ not only in the presence of a temporary factor in changing the labor function, but also in the procedure for registration. In particular, if the employee is transferred to another position on a permanent basis, this must be done entry in his workbook.

Information about a temporary change in position is not entered in the work book. Meanwhile, the rest of the set of documents to be drawn up will be similar. Will be needed:

• to conclude supplementary agreement to an employment contract;
• issue an order to change the position;
• make an entry in the employee's personal card.

So, a permanent transfer is characterized by the fact that the labor function of an employee (his position) changes on an ongoing basis. With time, there is a time factor. As a general rule, the period of temporary change of position is limited to one year. An exception is the situation when an employee is temporarily offered another position to replace the absent main employee.

In such a situation, the period of changes may exceed one year. The transfer will end when the main employee returns to work. These rules are set article 72.2 of the Labor Code of the Russian Federation.

The initiator of changes can be both the employer and the employee himself. However, first we will consider the procedure for this personnel procedure at the initiative of the employer.

Transfer of an employee to another position at the initiative of the employer: Labor Code of the Russian Federation

We immediately draw your attention to the fact that a permanent transfer is allowed only with the consent of the employee himself. Temporary - should also be made by mutual agreement. But for a temporary transfer, there are exceptions when the employer can transfer the employee to another position without agreement with him. These are exceptional situations and they are all listed in the Labor Code.

Temporary transfer to another job without the consent of the employee

We have already said that it is possible to change the labor function of an employee, namely, to change the position of an employee (both permanently and temporarily) only with the consent of the employee himself. But there are no rules without exceptions. In critical situations, the employer has to temporarily transfer the employee to another position without his consent.

All force majeure grounds that allow changes without the consent of the employee are listed in article 72.2 of the Labor Code of the Russian Federation. These include:

• natural disaster or technogenic nature;
• industrial accident;
• accident at work;
• fire;
• flood;
• hunger;
• earthquake;
• epidemic or epizootic;
• and any exceptional cases endangering the life or normal living conditions of the entire population or part of it.

Transfer without consent is also possible in case of downtime. But it works here important rule: downtime should only be caused by the above reasons. Other reasons for downtime will not be a legal basis for changes without the consent of the employee. So, for example, production needs, equipment downtime cannot be reasons for an inconsistent temporary transfer.

Also, if the above reasons can cause the destruction or damage to property, a temporary transfer can be issued without the consent of the employee. The same can be done if it is necessary to temporarily replace an employee who is also absent due to force majeure.

But in such a situation, temporary changes are limited to only one month. At the same time, if the organization intends to entrust the employee with the performance of work of a lower qualification, the consent of the employee will be mandatory. And in this case, the remuneration of such a transferred employee must be at least the average salary for the main job.

For changes without the consent of the employee, first of all, it is necessary to send a notification to the employee.

If it is planned to transfer to a job with a lower qualification, the written consent of the employee must be obtained. It can be in the form of an application. An example of such a statement is given below.

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

But still critical situations arise quite rarely, therefore, temporary and permanent transfer to another place of work at the initiative of the employer must be agreed with the employee. In this case, the following documents must be completed:

• additional agreement to the employment contract;
• order;
• make an entry in the work book (with a permanent transfer);
• make an entry in personal card.

However, the organization's document management rules may require additional documents.

Download related documents:

• Additional agreement to the employment contract. Transfer of an employee to another position >>>

The procedure for transferring to another job at the initiative of the employer

Documentation of a change in position at the initiative of the employer can have a multi-stage structure. So, for example, the rules of personnel records management in an organization may provide for the preparation of a special document - a submission on the transfer. Note that this form is most often used in a situation where a decision is made to present an employee with a higher position.

This representation is made by the immediate supervisor of the employee. The document is drawn up in the name of the General Director. In the submission, the employee's manager sets out the grounds for and the need for the transfer, and also names the new proposed position of the employee. Based on this presentation CEO makes a decision on the possibility of offering a higher position to the employee.

Further, in the event that the employer is the initiator of the changes, he must first coordinate this personnel procedure with the employee. This issue can also be agreed orally. Meanwhile, in some organizations, the procedure for transferring an employee to another job provides for the preparation special offer about translation.

In a proposal (notification), an employee is offered a transfer to a specific position. The document indicates the name of the position, as well as the terms of the employment contract, which are proposed to be changed: wages, subordination, etc.

The employee, in turn, on this notice can affix the inscription “I agree to the transfer”, his signature and date. And already on the basis of this agreement, an additional agreement is drawn up to the employment contract. At the same time, please note that a mandatory document is a signed supplementary agreement to the employment contract. By signing this agreement, the employee expresses his consent to the change of position.

The procedure for preliminary coordination of the conditions and the possibility of changing the position of the employer is determined independently in accordance with the rules of document circulation in force in the organization.

The supplementary agreement should specify:

• new position of the employee;
• the amount of remuneration for a new position;
  other terms of the employment contract that will be changed.

A sample supplementary agreement to an employment contract is given below.

And after an additional agreement to the employment contract is signed, it is necessary to issue an order. Such an order can be drawn up in a unified form No. T-5. At the same time, the use of unified forms is currently not mandatory. Therefore, the organization can independently develop and approve the order form.

Form No. T-5 is used for both permanent and temporary transfers. In this case, if the transfer is temporary, the order indicates the end date of the transfer. If this date cannot be determined in advance, for example, a change in position is issued to fulfill the duties of a temporarily absent employee, in the order in the column " Date by… » indicated « Before going to work _________ (last name, first name and patronymic of the employee) ».

After an additional agreement to the employment contract and an order are drawn up, an entry is made in the work book of the employee. Once again, we note that such an entry is made only when making a permanent transfer.

An entry in the work book must be made no later than a week from the date of submission of a new position. This rule is expressly clause 10 of the Rules for maintaining work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225. If there is a temporary transfer to another position, an entry in the work book is not made.

And at the end of the procedure, an entry should be made in the employee's personal card.

Transfer to another position at the initiative of the employee

Note that most often it is the employer who initiates the changes. Therefore, in practice, the question arises: how to transfer an employee to another position at the initiative of the employee? Let's say right away that the order of documenting the translation has practically no differences.

Meanwhile, the employee must declare his desire to move to a new position. It is better to do this in writing, by drawing up an application. The application is drawn up in the name of the head of the organization, the application should indicate the position to which the employee plans to move.

After the employer considers the employee’s application and makes a positive decision, the further procedure for processing documents will correspond to the one we have already talked about. So, it will be necessary to conclude an additional agreement to the employment contract, issue an order, make an entry in the work book (if we are talking about a permanent transfer) and in the employee’s personal card.

In conclusion, we note once again that, as a rule, the transfer takes place when the employee's labor function changes. And a permanent change of position can only be made with the consent of the employee himself. This rule, with the exception of certain situations, also applies to the procedure for temporary transfer.

An order to transfer to another position - a sample of it should always be available to the personnel department of any company. In addition to hiring and firing specialists, in practice it is often necessary to transfer an employee from one position to another, both within the same department / department, and to another structural unit of the company. How to correctly draw up such an order, we will tell in our article.

Legal basis for transferring an employee to another position

All employees of the organization must perform the work functions clearly outlined for them by the employer, provided for by the employment contract. However, it often happens that it is required to change some provisions of the contract, in particular when transferring a specialist from one position to another.

Legal basis such a process are enshrined in Art. 72.1 of the Labor Code of the Russian Federation, according to which transfer from position to position means:

• change of the function performed by the employee in the enterprise;
• his transition from one department/department of the company to another;
• moving with the company to a new geographical territory.

In the general case, in order to transfer a specialist, it is necessary to obtain his consent in writing (Article 72.1 of the Labor Code of the Russian Federation). However, it is important for a specialist to remember that here the legislator allowed some exceptions, which will be discussed later.

In addition, in any case, the employee is obliged to comply with the rules of labor protection.

The employer, in turn, should not forget that, regardless of the weight of the reason, it is impossible to transfer an employee to the work that he is forbidden to perform due to the characteristics of his health (for example, in the presence of chronic diseases, etc.).

Are you taking pictures? Our forum will be useful to you. For example, you can learn how to combine positions in the 1C program.

Types of transfer depending on the reason for transfer to another position

So, depending on the reason for the transfer, an employee can change one position to another (Article 72.1 of the Labor Code of the Russian Federation):

• temporarily;
• on an ongoing basis.

Temporary transfer implies a change in the position of an employee for a predetermined period (for example, during the absence of a full-time specialist).

Note! Temporary transfer is possible within 1 year or until the replaced specialist returns to work. If, after this period, the employee still works in a temporary position and the employer did not demand that he return to his previous job, the transfer is considered permanent (Article 72.2 of the Labor Code of the Russian Federation).

As mentioned above, usually a change in the position of an employee requires his written consent. However, this is not always the case with temporary transfers. For example, you can forcefully change the position of a specialist if some kind of natural disaster occurs or emergency and also if:

• such a disaster caused a downtime in production;
• because of it, it was necessary to urgently prevent damage to the company's property or replace a temporarily absent specialist with another full-time employee (Article 72.2 of the Labor Code of the Russian Federation).

At the same time, without the consent of a specialist, it can be transferred for a period not longer than 1 month.

Important! Even in this case, only with the consent of a specialist can he be transferred to a position that, in terms of the level of required qualifications, is lower than his present one.

If we are talking about a transfer on an ongoing basis, it is possible only with the consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). This is also true in the case when the company changes its location, i.e. moves.

However, there are cases when the transfer to a permanent new position can be carried out forcibly:

• When it is expressly required by law. For example, if a specialist cannot continue to work in his previous position due to a state of health, which is what honey is about. conclusion (Article 73 of the Labor Code of the Russian Federation).
• If the company intends to reduce staff. First, she must offer employees options for moving within the company.

For information on how a firm should document the redundancy, see the article "Retrenchment Order - Sample" .

Preparation of necessary documents and order for transfer to another position

So, if the transfer is temporary, it is issued by order of the employer. Moreover, in cases where the consent of the employee is necessary, the order is drawn up on the basis of an agreement between the employee and the company.

Important! The temporary transition is not recorded in the work book.

With a permanent transition, a similar algorithm operates: after obtaining the consent of the employee, an additional agreement is drawn up to the employment contract, after which the company issues a transfer order. At the same time, the company should remember that information about the permanent transition must already be reflected in the work book of the employee.

Thus, any transfer is made out by order.

Currently, there is an approved form of the T-5 order, which you can download on our website.

In the order to transfer an employee to another position, the company should indicate which specialist (his personal data), from which and to which position he is transferring, for how long (if the transfer is temporary), and also give the reason for the transfer.

Results

Transferring an employee from one position to another is a fairly common practice. At the same time, it is important for firms not to forget that, in the general case, this can be done only with the consent of a specialist. The transfer is made by order of the head of the company, where, in particular, the reason for the transfer should be indicated, as well as the period during which the transfer will be valid (if the employee is transferred for some time).

Article 72 of the Labor Code Russian Federation all the nuances of such a procedure as transfer to another position are described. In most cases, the transfer requires either an appropriate statement or the consent of the employee, which must be in writing. It does not require consent and is not considered a transfer to another position, the movement of an employee, which implies a change in the workplace (for example, a turner worked on one machine, and he was transferred to a more modern unit). Transfer is not possible if the conditions for fulfillment job duties worker are contraindicated to him due to his state of health.




Hello! I have the following situation at work: closed outlet, where I worked as a financial manager. services (issued loans, etc.) and transferred to another point, but already as a sales manager, which categorically does not suit me in several ways (this is a decrease in the level of salary, and a change in work schedule, as well as the specifics of work is different). Do I have the right to demand a similar position to the one I previously held, or is it possible to write a letter of resignation and demand compensation for violation of my labor rights? Because I am now confused by the current situation, and where should I look for a way out? Thanks, I'll be waiting for your response!

Lawyer's response:

Morozov Igor Vladimirovich(04/03/2014 at 07:50:59)

Art. 72.1 of the Labor Code of the Russian Federation:

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 indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality along with the employer. Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for by parts two and three of Article 72.2 of this Code (temporary suspension of work due to economic, technological, technical or organizational reasons), the need to prevent the destruction or damage to property or to replace a temporarily absent employee, if downtime or the need to prevent the destruction or damage to property or replace a temporarily absent employee is caused by the emergency circumstances specified in part two of this article.At the same time, a transfer to a job requiring a lower qualification is allowed only with the written consent of the employee. refusal from previous work).

Anonymous

Hello! I work in a Bank. I was offered in another division of the same bank. I agreed. At first, my current manager was not opposed, and when I brought the documents for her to sign, she refused to sign them plainly, without explaining the reasons, referring to the oral instruction of the supposedly regional manager to ban any internal movements. To what extent is this legal and what do I need to do to defend my rights without conflicts and dismissals?

Lawyer's response:

Vladimir (03/20/2014 at 09:28:47)

Good afternoon! And who offered you the translation and in what order? Is there a written offer?

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Good evening. I want to work transfer to another position, because It’s hard for me to work on the one I now occupy, I don’t want to quit. They refused to translate (so far I haven’t written any statements, papers, everything passed orally). What can I do / write so that I can still be officially transferred and is there any legal basis for the director's refusal?

Lawyer's response:

Kharchenko Evgeny Alexandrovich(02/14/2014 at 18:44:43)

The refusal of the director is generally justified.

Art. 72, "Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ (as amended on December 28, 2013)

If you do not need to be transferred to another job in accordance with a medical report (Article 73 of the Labor Code of the Russian Federation) and do not belong to other "privileged" categories of workers, then I am afraid that there are no legal ways to force the employer to transfer.


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Anonymous

My employer is forcing me to write consent to transfer to another position(higher paid), I do not agree. What should I do?

Lawyer's response:

On the site!

Nikolai Nikolaevich(01/27/2014 at 16:21:37)

Hello!

The employer has no right to force you, since changing the terms of the employment contract determined by the parties is not allowed without your written consent. The law is on your side, so don't settle for a transfer.

Article 72 TKRF. Changing the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Write if you have any questions.

Good luck in defending your rights!

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I work in a temporary position (the main employee is on parental leave yes 3 years). The main employee is transferred (without dismissal) to another position (raised), and I am fired for the transfer and accepted again temporarily to her new position. Is my dismissal legal? transfer to another position? Is it possible to achieve a transfer without dismissal?

Lawyer's response:

Yuryev Yakov (01/10/2014 at 19:19:18)

Good evening Anna Nikolaevna. Based on Article 72.1 of the Labor Code of the Russian Federation

transfer to another job is allowed only with the written consent of the employee, except for the cases provided for by 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 (paragraph 5 of the first part of Article 77 of this Code).

It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

It is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons.

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I am 4 months pregnant and work as a cashier. me forcibly transfer to another position. What to do?

Lawyer's response:

Nikolai Nikolaevich(12/21/2013 at 18:51:12)

Hello!

The transfer of an employee to another position is a change in the terms of the employment contract determined by the parties.

In accordance with Art. 72 of the Labor Code, a change in the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Art. 74 Labor Code of the Russian Federation

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.
The employer is obliged to notify the employee in writing about upcoming changes in the terms of the employment contract determined by the parties, as well as about the reasons that necessitated such changes, at least two months in advance, unless otherwise provided by this Code.
If the employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided collective agreement agreements, employment contracts.
In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.
In the event that the reasons specified in part one of this article may lead to the mass dismissal of employees, the employer, in order to save jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner prescribed by Article 372 of this Code, to adopt local regulations , introduce part-time (shift) and (or) part-time working week for up to six months.
If the employee refuses to continue working part-time (shift) and (or) part-time working week, then the employment contract is terminated in accordance with clause 2 of part one of Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.
Cancellation of the part-time (shift) and (or) part-time working week regime earlier than the period for which they were established is carried out by the employer, taking into account the opinion of the elected body of the primary trade union organization.
Changes in the terms of the employment contract determined by the parties, introduced in accordance with this article, should not worsen the position of the employee in comparison with the established collective agreement, agreements.