Transfer and relocation of an employee: differences. Can they be transferred to another place of work without the employee’s consent? Order on transfer from temporary to permanent place of work

Transfer to another job- permanent or temporary change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was specified in the employment contract).

As can be seen from the definition, there are also permanent transfers.

Constant transfers to another job

Constant transfers:

• transfer to another job or position with the same employer;
• transfer to work in another area together with the employer;
• transfer to another employer.

All permanent transfers to another job are permitted only with the written consent of the employee, usually obtained in the form of an application. But it is not prohibited to use other methods, for example, a written transfer agreement. Based on the fact that the employee’s labor function is changing permanently, it is advisable to sign a new employment contract with the employee. The transfer order is submitted against signature within three days.

A feature of transferring together with the employer to another location is a significant change in the previous terms of the contract, and since the initiator of such changes is always the employer, he must notify the employee in writing two months in advance and, in case of refusal, will terminate his employment under clause 9, part 1, art. 77 of the Labor Code of the Russian Federation with payment of severance pay in accordance with Art. 178 Labor Code of the Russian Federation.

The peculiarity of transferring an employee to a permanent job with another employer is that the previous employer must agree to this and terminate the contract at the previous place of work under clause 5 of Part 1 of Art. 77 Labor Code of the Russian Federation. If agreement is not reached, the employee can resign of his own free will and find a job with another employer (but in this case there will be no transfer).

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

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

The peculiarity of these two transfers is that 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;

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

If data is available force majeure 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.

There are exceptions to this type: transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or replacement of a temporarily absent employee, if downtime or the need to prevent destruction or damage to property or replacement of a temporarily absent employee is caused by emergency circumstances. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.

When transferring this category, the employee is paid according to the work performed, but not lower than the average earnings for the previous job;

4. Transfers for health reasons:

a) If the employee needs, in accordance with a medical report, a temporary transfer to another job for a period of up to four months.

An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons. If the employee refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position) (Article 76 of the Labor Code of the Russian Federation). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by federal laws, collective bargaining agreements, agreements, and employment contracts.

b) If the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer.

An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons, and if the employee refuses the transfer or the employer does not have the appropriate job, an employment contract terminated in accordance with clause 8, part 1, art. 77 Labor Code of the Russian Federation.

c) Transfer of pregnant women.

For pregnant women, in accordance with a medical report and at their request, production standards and service standards are reduced, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings for their previous job.

Until a pregnant woman is given another job that excludes exposure to unfavorable production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer.

An employee of an enterprise is subject to the rules established by the management and legislation of the Russian Federation. Sometimes an employer obliges an employee to temporarily change his job to replace another employee or perform increased volumes of work. Employees should know when these requests are reasonable and not subject to challenge, and when the proposed conditions are illegal (as is the case with recalls from work-related leave).

Transfer of an employee to another job without his consent under the Labor Code

The Labor Code of the Russian Federation regulates the possibility of transferring employees to another job temporarily or permanently. Most of the conditions specified in the Labor Code of the Russian Federation require written consent from the employee. But cases are indicated in which a transfer to another place should not be agreed upon.

Transfers can be justified on various grounds, for example:

• Replacement of a temporarily departing employee.
• Production necessity.
• Environmental and natural disasters.
• Man-made accidents.
• Changing the type of activity of the enterprise.

In any case, the employee must be notified of the decision made by management and has the right to disagree with it. When the employee's mandatory consent is not required to be provided, such non-consent may result in temporary suspension from work.

Is it possible to transfer to another job without the employee’s consent?

In certain cases specified by law, it is allowed to move an employee to another place, but this measure must be limited in time and the following conditions must be met:

• Strict adherence to permitted time periods.
• Maintaining the employee’s salary level is not lower than average.
• Do not transfer an employee to a place of work that is not permitted for him according to a doctor’s examination.

The employer has the right to transfer the employee to another place, with a deterioration in his work schedule or a change in working conditions in the cases specified in Art. 72.2 for one month and no more.
When transferring to a similar job, you should adhere to time periods equal to one year. The end of this period should be marked by the candidate’s relocation back, and if such a request is not received from him, or the employer cannot offer him a former vacancy, the temporary position is exhausted and becomes a permanent place of work.

In what cases can an employee be transferred to another job without his consent?

Cases in which the transfer takes place without the consent of the hired person are listed in the Labor Code of the Russian Federation.

This list includes:

• The provided workplace is located structurally and geographically in the same place. Only the division, department, address changes. Working conditions and pay remain unchanged. Significant changes in job responsibilities or pay require the employee's consent. This transfer is issued on a temporary or permanent basis.
• Does not require consent in emergency situations. But such a transfer has a strict duration of one month.
• To prevent damage to valuable property or to temporarily replace an employee, but with the condition that this work will not be less qualified and will last no more than a month.

Temporary transfer to another job without the employee’s consent

A temporary transfer is often issued without the consent of the employee if it is necessary to replace an absent person in another structural department. The hired person is reassigned to work within the organization, provided that all main responsibilities and functions remain the same, with the same salary. You can transfer to another place for up to a year. If an employee is transferred to replace another person during his absence, provided that his place is retained, the transfer period lasts until the replacement leaves.

How to transfer an employee to another job without his consent - procedure

To transfer an employee to another place, it is necessary:

• Determine the requirements that must be met by the hired person who will fill the specified position temporarily or permanently. This includes the required health status, terms, and salary.
• Provide conditions under which it is impossible to transfer a person to another place.
• Notify the selected candidate orally.
• Place an order.
• Familiarize the candidate with the order.

The only insurmountable obstacle to moving to a new place can be health contraindications, officially recorded. Therefore, when movements are permitted by law, the selected candidate often cannot refuse the offered place.

In this article we will tell you how a HR manager can formalize the transfer of employees to another job. We will consider in detail the following types of transfers: temporary and permanent, at the initiative of the employee and at the initiative of the employer, with the consent of the employee and without obtaining his consent. We will also pay special attention to the procedure for transferring an employee to work in another location together with the employer.

Rules for transferring to another job

General rules

P transfer to another job - this is a permanent or temporary change in the labor function of an employee or a structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer (Art. 72.1 of the Labor Code of the Russian Federation). Transfers can be temporary or permanent, at the initiative of the employee and at the initiative of the employer, with the consent of the employee and without his consent.

FYI

In this case, structural divisions should be understood as branches, representative offices, as well as departments, workshops, areas, etc. (Clause 16 of the resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

Please note that transfer to another job is permitted only with the written consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). The exception is some cases of temporary transfer, to which we will further pay special attention. In this case, an agreement to change the terms of the employment contract determined by the parties must be concluded in writing (Article 72 of the Labor Code of the Russian Federation).

Let us note that the employee’s consent will not be required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

In all cases, it is prohibited to transfer or relocate an employee to work that is contraindicated for him due to health reasons.

Also, at the written request of the employee or with his written consent, it can be carried out.

Please note: if a transfer to another job is declared illegal, the employee must be reinstated to his previous place of business. In this case, the body considering the individual labor dispute makes a decision to pay such person the difference in earnings for the entire period of performing lower-paid work. Also, the court has the right, at the request of the employee, to make a decision to recover from the employer monetary compensation for moral damage caused by these actions (Article 394 of the Labor Code of the Russian Federation). Moreover, if the employer delays the execution of the decision to reinstate the employee to his previous job, the body that made the decision makes a determination to pay this citizen the difference in earnings for the entire time of the delay (Article 396 of the Labor Code of the Russian Federation).

Permanent translation

In this case, we are talking about a permanent change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was specified in the employment contract) (Article 72.1 of the Labor Code of the Russian Federation).

Any employee can apply for a transfer (see Example 1).

To complete the transfer, use form No. T-5 or form No. T-5a (see Example 3), approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment” ( hereinafter referred to as Resolution No. 1).

Based on the order to transfer the employee to another job, marks are made in the section “Hiring, transfers to another job” in the employee’s personal card (Form No. T-2 or No. T-2GS(MS)) (see Example 4) and personal account (form No. T-54 or No. T-54a).

• To whom: kadry@site
• Subject: Free consultations

When issuing an order to transfer an employee to another job (form No. T-5, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”), HR officers often have a question: “Which document should be indicated in the line “Base: amendment to the employment contract from ....”? Details of the employment contract itself or details of an additional agreement to the employment contract?

• Olga Maksimova,
• Head of the HR Department of Burevestnik LLC, Nizhny Novgorod

Vladimir Pirogov, lawyer at Nikline LLC, answers:

In the line “Base: amendment to the employment contract dated...” details of the additional agreement to the employment contract should be indicated. Let's explain our position.

In accordance with Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job to another location with the employer. And the place of work and the employee’s labor function are mandatory conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation).

Article 72 of the Labor Code of the Russian Federation states that changes to the terms of an employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, which is concluded in writing.

Consequently, the basis for issuing a transfer order will be an amendment to the employment contract signed by both parties, namely an additional agreement.

And in accordance with the Instructions for the use and completion of forms of primary accounting documentation for the accounting of labor and its payment in the event that an employment contract was not concluded with the employee (the employee was hired before 10/06/1992) and his hiring was formalized by order, when When filling out the unified form No. T-5, in the line “Bases”, specific documents are indicated on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the details “Change to the employment contract” are not filled in.

In accordance with Art. 66 of the Labor Code of the Russian Federation, information about transfers to another permanent job is entered into the employee’s work book (see Example 5). In this case, a record of the transfer is made no later than a week on the basis of the relevant order (instruction) of the employer (clause 10 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Government Decree No. 225 of April 16, 2003, hereinafter referred to as Resolution No. 225).

Temporary transfer

In this case, we are talking about a temporary change in the labor function of the employee 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 (Article 72.1 of the Labor Code of the Russian Federation). At the same time, temporary transfers to another job are regulated by Art. 72.2 Labor Code of the Russian Federation.

So, by agreement of the parties, concluded in writing, an employee can be temporarily transferred to another job with the same employer for a period of up to one year.

Please note: 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.

When such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his place of work, it is valid until this employee returns to work.

The procedure for temporary transfer is similar to that for permanent transfers. The exception is that during temporary transfers, an entry in the employee’s work book is not made.

In what cases does translation become mandatory?

Transfer at the initiative of the employee

In some cases, an employee has the right to demand from the employer a temporary transfer to another job.

For example, if an employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide such an employee with another job while the danger is eliminated (Article 220 of the Labor Code of the Russian Federation).

Pregnant women and nursing mothers cannot be involved in the following work:

In this case, pregnant women, in accordance with a medical report and at their request, are transferred to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings for their previous job. Before a pregnant woman is given another position, she is subject to release from work with preservation of average earnings for all days missed as a result. Meanwhile, women with children under the age of one and a half years, if it is impossible to perform the previous job, are transferred at their request to another job with wages for the work performed, but not lower than the average earnings at the previous place of activity until the child reaches the age of one and a half years (Art. 254 Labor Code of the Russian Federation). Also, pregnant women and women with children under three years of age cannot be involved in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

Transfer at the initiative of the employer and due to circumstances beyond the control of the parties

In some cases, labor legislation allows the dismissal of employees only when it is impossible to transfer them to another job available to the employer, which the citizen can perform taking into account his state of health. We are talking here about both vacant positions or work corresponding to the qualifications of the employee, as well as vacant lower positions or lower paid work. In this case, the consent of the employee must be obtained. Please note that the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. An employer is obliged to offer vacancies in other localities only if this is provided for by a collective agreement, agreements, or employment contract (Articles 81, 83 and 84 of the Labor Code of the Russian Federation). We are talking about dismissal of employees in the following cases:

• reduction of the number or staff of employees of an organization, individual entrepreneur (clause 2 of Article 81 of the Labor Code of the Russian Federation);
• inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results (clause 3 of Article 81 of the Labor Code of the Russian Federation);
• reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court (clause 2 of article 83 of the Labor Code of the Russian Federation);
• disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract (Clause 8 of Article 83 of the Labor Code of the Russian Federation);
• expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry a weapon, other special right) in accordance with the law, if this makes it impossible for the employee to fulfill his duties under the employment contract ( clause 9 of article 83 of the Labor Code of the Russian Federation);
• termination of access to state secrets if the work performed requires such access (clause 10 of Article 83 of the Labor Code of the Russian Federation);
• violation of the rules established by law for concluding an employment contract, if this violation was not the fault of the employee and excludes the possibility of continuing work (clause 11 of article 77 of the Labor Code of the Russian Federation).

We also remind you that an employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another available job that is not contraindicated for this citizen due to health reasons. Meanwhile, if the specified person needs a temporary transfer for a period of up to four months, refuses the transfer, or the corresponding job is not available, then the employer must suspend the employee from work for this period while maintaining the place of work (position). However, during the period of suspension, the employee’s wages are not accrued. At the same time, if an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the appropriate work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation (Article 73 Labor Code of the Russian Federation).

As a rule, in all of the above cases, the employer sends the employee a corresponding notice or proposal to transfer the employee to his existing vacant positions (see Example 6).

As a rule, the employee’s consent or disagreement with the transfer is formalized in a separate document or stated in the proposal for transfer to another job (see Example 7).

I would also like to remind you that according to Art. 74 of the Labor Code of the Russian Federation in the case when, for reasons related to changes in organizational or technological working conditions, the terms of the employment contract determined by the parties cannot be preserved, they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. Moreover, if the employee does not agree to work under the new conditions, the employer is obliged to offer him in writing another available job. If there is no specified work or the employee refuses the proposed work, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation.

In some situations, an 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 the cases indicated below or eliminate their consequences. We are talking here about natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics or epizootics, as well as any exceptional cases that threaten the life or normal living conditions of the entire population or part of it .

Transferring an employee without his consent for a period of up to one month to another job is also permitted in cases of downtime, the need to prevent destruction or damage to property, or to replace a temporarily absent employee, if these situations are caused by the emergency circumstances specified by us above. At the same time, transfer to a job requiring lower qualifications is possible only with the written consent of the employee himself (Article 72 of the Labor Code of the Russian Federation). Please note that during temporary transfers carried out in exceptional cases, wages are paid according to the work performed, but not lower than the average earnings at the previous place of employment.

FYI

When applying Art. 72.2 of the Labor Code of the Russian Federation, which allows the temporary transfer of an employee to another job without his consent, it should be borne in mind that the obligation to prove the existence of circumstances with which the law connects the possibility of such a transfer rests with the employer (clause 17 of the resolution of the Plenum of the Supreme Court of March 17, 2004 . No. 2).

The transfer of an employee is also possible for the duration of the suspension of work in connection with the suspension of activities or a temporary ban on activities due to violation of labor protection requirements through no fault of the employee. During this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings at his previous place of activity (Article 220 of the Labor Code of the Russian Federation).

Transfer to another location

Transfer procedure

In this case, the employer sends the employee an offer to transfer to work in another location. Next, the employee’s consent or disagreement is formalized in a separate document or written down in the transfer proposal itself.

If the employee agrees, changes should be made to the employment contract. This is done through the signing of an additional agreement. To complete the transfer, use Form No. T-5 or Form No. T-5a, approved by Resolution No. 1. Then, based on the order, marks are made in the employee’s personal card (Form No. T-2 or No. T-2GS (MS)) and personal account ( form No. T-54 or No. T-54a).

FYI

The arbitrators in paragraph 16 of the resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2 noted that “other locality” should be understood as an area located outside the administrative-territorial boundaries of the relevant locality.

Please note that when an employee moves to work in another area, the employer is obliged to reimburse him for the following expenses (Article 169 of the Labor Code of the Russian Federation):

• for relocation of the employee, members of his family and transportation of property (except for cases where the employer provides the employee with appropriate means of transportation);
• for settling into a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract. In this case, compensation payments to a citizen in connection with his move to work in another area are not subject to personal income tax (clause 3 of article 217 of the Tax Code of the Russian Federation) and unified social tax (subclause 2 of clause 1 of article 238 of the Tax Code of the Russian Federation), and can also be taken into account as part of other expenses (subclause 5, clause 1, article 264 of the Tax Code of the Russian Federation). Financiers also agree with this position (letters from the Ministry of Finance dated July 14, 2009 No. 03-03-06/2/140 and dated December 17, 2008 No. 03-03-06/1/688). At the same time, according to officials, the amount of reimbursement by the organization of expenses to an employee for renting housing is subject to personal income tax and unified social tax in the usual manner (letters from the Ministry of Finance dated July 13, 2009 No. 03-04-06-01/165 and dated December 17, 2008 No. 03-03-06/1/688).

Employee refusal to transfer

An employee’s refusal to be transferred to work in another location together with the employer is grounds for termination of the employment contract (Clause 9 of Article 77 of the Labor Code of the Russian Federation). In this case, as with regular dismissal, to formalize the termination of employment relations with employees, Form No. T-8 (or Form No. T-8a), approved by Resolution No. 1, is used (see Example 8).

On the day of dismissal, the employee, in addition to the amounts due, is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation). At the same time, labor or collective agreements may establish an increased amount of severance pay (Article 178 of the Labor Code of the Russian Federation).

In this case, we are talking about termination of the contract in accordance with paragraph 9 of part one of Article 77 of the Labor Code (see Example 9).

Further, upon receipt of the work book, the employee signs in the personal card, as well as in the book recording the movement of work books and inserts in them (clause 41 of Resolution No. 225). At the same time, the entry made in the work book is repeated in the personal card (clause 12 of Resolution No. 225).

Footnotes

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The concept of transfer and relocation is often confused not only by employees, but also by employers. However, these are different terms, and they have their own characteristics, which are strictly regulated by the Labor Code.

What is translation

The concept of transfer to another job is contained in the first part of Article 72.1 of the Labor Code of the Russian Federation. It refers to a change in the employee’s labor functions. In this case, the employee can change the department, division, branch in which he works, or even the employer.

What types of translations are there?

Additionally

There are also two types of transfers depending on the employer: internal (when the transfer is carried out by the current employer within the company) and external (when the employee goes to work for another employer).

First of all, transfers differ depending on the validity period into permanent and temporary.

A permanent transfer is a change of work activity on an indefinite basis. In this case, the employee’s place in the previous position is not retained.

Permanent translation can be expressed:

• moving with the employer to another location for work;
• in the performance of duties in another position with the same employer;
• in moving to work for another employer, subject to the consent of the previous employer.

Such a transfer can only be made if the employee expresses his written consent and, as a rule, is accompanied by the conclusion of a new employment contract.

If we are talking about moving to another area, the employer must notify the employee at least 2 months in advance of the upcoming transfer. If the employee disagrees, he is dismissed according to clause 9 of Article 77 of the Labor Code.

Temporary transfer to another job is usually limited to a period of 1 year. It can happen:

• by agreement between employer and employee;
• during the absence of an employee for another position;
• due to force majeure circumstances: epidemics, fires, natural disasters, etc.

Types of transfers to another job are also distinguished depending on the initiator: transfer to another job on the initiative of the employee or the employer. Although a transfer at the initiative of the employer is more correctly called a transfer by agreement of the parties, since in almost every case the consent of the employee is also required.

Types of temporary transfer

Additionally

In some cases, it is not possible to make a temporary change within the company. Therefore, when there is a need for an employee to perform duties at another company facility, the employer issues a temporary transfer order instead.

First of all, temporary transfers are divided into internal and external. The first represents the transfer of an employee to another department, branch, etc. within one organization.

Internal transfers of an employee to another position, in turn, can be:

• within one locality, for example, assigning an employee to another position in the company;
• with moving to another locality together with the employer.

An external transfer involves the temporary transfer of an employee to another employer. In practice it is extremely rare.

Depending on the initiator, transfers are divided into the following:

• at the initiative of the employer;
• at the request of the employee (read about transfer to another position at the initiative of the employee).

Whoever initiates the transfer will have to obtain the consent of the other party to carry out this procedure. The only exceptions are transfers related to emergency situations, which we will discuss below.

Transfer to another location

Refusal to move

If an employee refuses to move, the organization is obliged to offer him another job that corresponds to his qualifications and is not contraindicated for health reasons. If such a position is not available, the employer must offer a lower paid or lower position. If this vacancy is also refused, the employee may be fired in accordance with clause 7 of Art. 77 Labor Code of the Russian Federation. At the same time, he can count on receiving severance pay in the amount of 2 weeks’ salary.

A transfer within one locality does not involve significant changes in the life of an employee and his family, but if in the interests of the organization it is necessary to transfer an employee to another position within the organization to a branch of the organization located in another locality, the employer is obliged to compensate the employee for losses. In accordance with the Decree of the Government of the Russian Federation No. 187 “On the amount of reimbursement of expenses when moving to work in another area,” the employer must pay the employee the following compensation in case of relocation:

1. Payment for the relocation of the employee and his family members to another locality, which includes compensation for transportation expenses, as well as payment for the transportation of all the employee’s belongings.
2. Payment of compensation for the time that the employee and his family will spend on the road.
3. Payment for the days during which the employee will move and settle in a new place, as regular working days.
4. Providing paid time off for an employee to pack items for moving.
5. Payment of a one-time relocation allowance to the employee and his family members in the amount of a month’s salary (for the employee) and a quarter of the monthly salary (for each of the employee’s family members moving).

Additionally, to settle in a new place, the employee may be granted paid leave for no more than six days.

For information about the types of internal translation and the features of each of them, see the following video

Transfer to another job at the initiative of the employer is possible only with the agreement of the parties, so the employee has the right to refuse the transfer if he is unable to change his place of residence. However, the consequence of refusal to transfer may be the dismissal of the employee on legal grounds.

If the employer violated the procedure for terminating employment relations established by law, or the basis for transfer or dismissal contradicted the list listed in the Labor Code of the Russian Federation, then he is expected.

Transfer to a lower paid position

A transfer to another position with a reduction in salary is possible only with the consent of the employee, therefore the employee has the right to refuse the offer of such a transfer, retaining the right to continue his current work activity and the current salary.

A transfer to a lower-paid position at the initiative of the employer is necessarily associated with new job responsibilities that entail less responsibility, so some employees agree to such a transfer if it is difficult for them to cope with their current job responsibilities.

In addition, due to financial reasons, some positions in the organization may be reduced, and if this happens, the employer has the right to offer the laid-off employees to move to a position with a lower salary that is vacant in the organization and suits the employee’s qualification level. If the employee does not agree to such a transfer, he will be forced to accept and look for another job.

If the employee provides his consent to the transfer, a new employment contract with working conditions will be drawn up.

An employee can also initiate a transfer to a position with a lower salary if he receives the employer's consent. Thus, the translation will be made by agreement of the parties.

There are rare exceptions that allow an employer to transfer an employee to a position with a lower salary without obtaining his consent:

1. Natural and technical disasters that threaten the life and health of people if they occurred in the area where work duties are performed (transfer is possible for no more than a month).
2. Suspension of the organization's work due to technical, legal or economic difficulties.

Transfer from temporary to permanent position

In order to transfer from a temporary job to a permanent one, you need to follow a few simple steps.

1. The employee draws up a corresponding statement. It is written in any form and contains a request to transfer the employee to a permanent place of work. The position and date of transfer must be indicated. At the end you need to sign and date it. You need to write an application before the end of the fixed-term employment contract for a temporary position.
2. The employer draws up a transfer order (Form T-5). It states:
   1. personal data of the employee;
   2. type of translation;
   3. reason: transfer from temporary to permanent place of work;
   4. previously held and new position of the employee;
   5. number of the temporary employment contract and the last day of its validity.
      The employee must read the order and put his signature on it.
3. The employer and employee sign a new employment contract. Like any similar document, it specifies, among other things, the rights and obligations of the parties, the name of the position, the procedure for remuneration (learn about the mandatory and additional conditions of the employment contract from the article). Both parties must sign the agreement, and the employer must also put the company seal on it.
4. Based on the signed documents, personnel officers draw up a job description, make appropriate entries and notes in the employee’s personal card and work book. The employer issues an order to make changes to the organization's staffing table.

The question of how to properly process an employee’s transfer can be found in the video

If the parties did not manage to go through all these stages before the end of the contract, then transfer to a permanent place of work from a temporary one is also possible under a different scenario. After the termination of the temporary contract, the employee is rehired for work by drawing up a new contract, filling out a new personal card and collecting documents for his personal file.

The latter option is unprofitable for the employee, since his work experience in this case is interrupted.

Translation part-time

Transfer to half-time at the initiative of the employer is possible only with the consent of the employee, or when job vacancies in the organization are reduced. It is also possible to transfer at the initiative of the employee with the consent of the employer.

Reasons for transfers

Based on the practice of labor relations, the following are the most common reasons for transfers:

• Medical indications. Confirmation in this case should be a medical certificate or conclusion indicating the need to perform lighter work.
• Reorganizations in the employer's company. This could be a reduction in the number or staff of employees, technological features of the production process, or the organization moving to another city.
• Unsatisfactory result of employee certification.
• Reinstatement of the previous employee. We are talking about the reinstatement of an illegally dismissed employee. Such a decision can be made by a labor dispute commission or a court.
• Termination of the right of access to state secrets. For those employees whose work involves its use.

For information on the differences between transfer and movement of an employee within an organization, watch the video

Terms of transfer

As noted earlier, the basis of almost every transfer is the employee’s consent. Transfer without consent is possible only for a period of up to 1 month in case of exceptional circumstances that threaten the life or normal livelihoods of the population (fire, earthquake, industrial accident). You can transfer an employee to prevent such situations or eliminate their consequences.

If the reason for the transfer is a medical report, then the employer must provide the employee with another job that he can perform without harm to health. If we are talking about a temporary transfer to another job for medical reasons, then the employer has the right to remove the employee from work if there are no appropriate jobs in the organization or the employee refuses the offered position. In this case, the position of the employee is retained for the time specified in the medical document, and wages are not paid.

When medical restrictions extend for a period of more than 4 months or are permanent, the employee’s refusal to transfer or the lack of a suitable position will lead to dismissal under clause 8 of Article 77 of the Labor Code.

An important condition for a temporary transfer is its duration. The maximum is 1 year. An exception is the transfer to another employee, whose position is retained by law during his absence. For example, an employee is on maternity leave, then another employee can be transferred to his place for the entire period of maternity leave, even if it lasts more than 1 year.

In any case, it is impossible to transfer a person to a job that is contraindicated for him for health reasons.

Worth noting: if for some reason an employee wants to move to work in another organization, then it is better for him to do this by transfer (with the consent of the current employer). Such a transfer has a number of advantages: guaranteed employment under an employment contract, no probationary period, and reimbursement of travel expenses in case of relocation. Read more about dismissal through a transfer to another employer.

Documents for processing the translation

Due to the fact that the transfer entails a change in the employee’s job function, the employer needs to draw up a certain list of documents:

• Notifying the employee about the upcoming transfer if the initiator is the employer. The document is a simple letter from the employer, where you must first indicate the responsibilities for the new position and the reasons for the transfer;
• An order for temporary transfer is drawn up in form T-5. It is the employer’s responsibility to familiarize the employee with the order against signature;
• Temporary employment contract for a new position. Considering that the maximum period of temporary transfer to another job is in most cases 1 year, the contract is limited to the same period;
• Employee's personal card. It contains information about the temporary transfer.

What is movement

The concept of movement is also contained in Article 72.1 of the Labor Code. It represents an assignment to an employee of another job, but without changing his job functions. That is, when moving, no essential conditions specified in the employment contract (place of work, qualifications, main job responsibilities, etc.) change.

This video will tell you about the features of moving an employee of an organization.

The difference between transfer to another job and relocation

So, to summarize, let’s note the main differences between translation and movement:

1. Essential terms of the agreement. When translated, they change, but when moved, they do not. Therefore, a transfer may require the employee to have additional skills, qualifications or education that are not needed when relocating.
2. Labor function. It also changes with translation and remains the same if moved.
3. Place of work. The employee cannot be moved outside the locality, while transfer to another area is possible.
4. Consent of the employee himself. When transferring, it is mandatory, with rare exceptions, and the transfer does not depend on the will of the employee.

Find out more on this topic by asking questions in the comments to the article.

There are often cases when personnel officers and accountants, sometimes even experienced ones, have difficulty distinguishing between the transfer of an employee and his relocation. Let's consider whether there are similarities and how these two actions differ, without which the work activity of the organization's employees is often unthinkable.

Employee transfer

Transferring an employee to another job is one of the possible changes to the terms of the employment contract with him. It is carried out only by agreement of the parties, except for some cases fixed by law. The agreement must be drawn up exclusively in writing (Article 72 of the Labor Code of the Russian Federation).

• permanent or temporary change in the employee’s labor function;
• permanent or temporary change in the structural unit in which the employee works, if it was fixed in the employment contract;
• transfer together with the employer to another location.

However, the employer does not change.

However, another type of transfer is also indicated there - to a permanent job with another employer. With such a transfer, the previous employment contract is terminated and a new one is concluded with another employer.

Relocating a worker

In addition to transfer to another job, the same rules of law also regulate the movement of an employee.

The transfer of an employee can only take place with the same employer.

It is possible in the form:

• moving to another workplace;
• moving to another structural unit of the organization within the same area;
• Instructing an employee to work on another mechanism (unit).

A prerequisite for the legality of the move is the absence of changes in the terms of the employment contract concluded between the parties. In other words, when moving, the workplace, or division (department), or mechanism (machine, car) previously fixed in the employment contract should not change.

The relocation of an employee does not require his consent to do so. Disagreement may be regarded as a violation of labor discipline and entail appropriate consequences in the form of disciplinary action.

In this case, the employee’s health status should be taken into account: the law strictly prohibits transferring him to work that is contraindicated by a medical certificate.

Similarities and differences

Transfer to another job and movement of an employee are similar in that during such a movement the worker changes his workplace, or a structural unit in the same area, or the mechanism with which he works.

The fine line of difference is revealed when determining whether these actions change the terms of the employment contract that the parties previously agreed upon.

If they are unchanged, then there is a movement.

If they change, this is a transfer that requires the employee’s consent and written changes to the concluded employment contract.

For example, if in an employment contract with a secretary the reception room of the head of the organization is indicated as his workplace, then it is impossible to move him to another office without his consent and the conclusion of an additional agreement to the employment contract. If the employment contract does not specify the reception room as a workplace, then moving the secretary to another office without his consent is legal.

Or a driver hired under an employment contract “to work on a Renault passenger car, license plate A 111 TL 77 RUS” cannot be transferred to a KIA car, but can be transferred with his written consent.

Or it is illegal for a salesperson hired to work in a chain store in one area of ​​the city to work in a store in another area of ​​the city. It can only be translated.

The procedures for transferring to another permanent job and relocation also vary.

In the first case, an additional agreement to the employment contract is concluded, an order is issued on its basis, then an entry is made in the employee’s work book.

In the second case, only the manager’s order to move the employee is issued.