The transfer of an employee from work is considered. Dismissal by transfer to another organization: registration procedure and documents. To a permanent place of work from a temporary

Russian labor legislation defines the transfer of an employee to another job as a change in his job duties or the unit where he works. Such changes can be permanent or temporary. At the same time, the employee himself can stay to work for the previous employer or move to another. Both the employee and his employer can initiate the transfer.

Types of employee transfers to another job

Transfers of workers to another place of work are permanent and temporary. They differ in such indicators as:

• validity;
• documenting;
• the final result of this process.

Permanent transfer of an employee to another job

There are several options for the permanent transfer of employees to another job:

• to another area (joint move with the employer);
• to another position with the previous employer;
• change of employer.

Such translation requires the written consent of the employee. It can be an agreement, a statement, etc. Even if the procedure is performed internally, it is recommended that a new employment contract.

2 months before the transfer of the employee to another locality, the employer must notify him of this in writing... If the employee refuses to transfer, then the management of the enterprise has the right to fire him under Article 77, Clause 9, Part 1 of the Labor Code of the Russian Federation with the payment of severance pay.

In order to transfer to another employer, it is necessary to obtain the consent of the previous management. In this case, the employment contract is terminated in accordance with Article 77 of the Labor Code, clause 5, part 1 of the Labor Code of the Russian Federation. If such consent has not been obtained, then dismissal is allowed under on their own.

Temporary transfer of an employee to another job

Transfers of this type are carried out for a specific period. Its duration is influenced by the reasons for the transfer. In each specific case, the term is established by the parties to the employment contract. The management or the employee himself can become the initiators of the procedure.

Temporary transfers are of the following types:

1. By agreement of the parties (up to 1 year);
2. At the initiative of the employee (up to 12 months);
3. To the place of an employee who is temporarily absent (until he leaves). If the term for the transfer on the two previous points has expired, and the employee has remained to work, then the transfer becomes permanent;
4. Caused by force majeure:

• an accident;
• fires;
• all kinds of disasters;
• industrial accident;
• epidemic, etc.

As for clause 3, it allows the transfer of employees without their consent for a period of up to one month. However, such a transfer is prohibited if the employee has contraindications to a new job according to a medical report.

If an employee is transferred to another job with a lower qualification at the initiative of the manager or production necessity, then in this case the consent of the employee is required.

Transfer of an employee to another job for health reasons

Such translations are individual in nature. The employee is given a new place of work after presenting a medical certificate. If an employee refuses to transfer, then he is temporarily suspended from work. Wherein workplace retained by the employee without payment of monetary compensation.

Transfer is a permanent or temporary change in the labor function of an employee and (or) structural unit, in which he works (if the 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 (Article 72.1 of the Labor Code of the Russian Federation).

Translation is not considered and does not require the consent of the employee:

• moving it from the same employer to another workplace,
• moving it to another structural unit located in the same area,
• entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract.

The fact that the structural unit in which the employee works is not specified in the employment contract is also not considered a translation.

All translations are divided into:

• temporary,
• permanent,
• Mandatory transfers.

In turn, temporary transfers can be divided into transfers made with the consent of the employee and transfers without consent. Let's take a look at all types of transfers in order.

Permanent transfers of an employee to another job

Permanent translation is made out in the following cases (Article 72.1 of the Labor Code of the Russian Federation):

• the labor function of the employee changes (for example, an engineer becomes a chief engineer);
• the structural unit specified in the employee's employment contract is changed (for example, the purchasing department manager is transferred to the sales department);
• the employee is transferred to work in another locality (settlement) in connection with the relocation of the employer.

Permanent transfer is possible both at the initiative of the employee and at the initiative of the employer, but is allowed only after reaching an agreement between the employee and the employer. It is imperative to obtain the written consent of the employee. If the employee does not object to the transfer, he expresses his consent either on the employer's proposal, or in a separate document (statement).

What an employer needs to do:

1. Conclude with an employee additional agreement to the employment contract. In it, write down the name of the new position, the amount of remuneration and other conditions that have changed due to the transfer. The agreement is drawn up in duplicate for each party, on the copy of the employer the employee puts a mark in the receipt of his. Give one copy to the employee, the second copy remains with you, the employee must sign on it that he received his copy of the agreement.
2. Issue an order for transfer to another position and to another unit (Form N T-5 or any).
3. Make a record of the transfer to another job in the work book. In column 4 of the work book, the details of the transfer order must be indicated. The entry must be made within a week from the date of publication of the order (clause 10 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 "On work books" dated 04.16.2003, hereinafter referred to as the Rules).
4. Enter the information about the transfer in Sec. III of the employee's personal card and familiarize him with this entry against signature.

If the employee is transferred to a position for which the conclusion of a fixed-term employment contract is provided. So that the retraining of an open-ended contract into a fixed-term one is not regarded as an infringement of the employee's rights, it is better to terminate the previously concluded labor contract and conclude a new fixed-term one.

5 situations when the employer is wrong

Situation 1: The organization has free bets. The employee asked the boss to transfer her to one of them, but he refused. Are the actions of the boss lawful?

Answer: according to Art. 72 of the Labor Code of the Russian Federation change determined by the parties terms of the employment contract, 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 the Labor Code of the Russian Federation. Thus, yes, the boss has the right to refuse an employee.

Situation 2: The employee was transferred to another department for the same position and with the same amount of work performed, but the salary was lowered without the employee's consent. Is this legal?

Answer: Changes to the terms of the employment contract, in particular wages, are allowed by general rule only with the consent of the employee and is drawn up as an additional agreement to the employment contract. Therefore, the employer acted illegally.

It is not uncommon for an employer to transfer an employee to a higher position, and in order to check an employee, sets a probationary period for him:

Situation 3: The employee holds the position of chief specialist. The position of the head of the department was vacated in the department. The employer wants to offer this position to the chief specialist, but he is not sure whether the employee will be able to cope with the assigned duties. Can the employer set a probationary period for an already employed employee? Can an employer conclude a fixed-term employment contract for three months?

Answer: Establishment probationary period for an employee carrying out labor activities in the organization is not provided. The test is established only at the conclusion of an employment contract, that is, for a new employee (Article 70 of the Labor Code of the Russian Federation). The conclusion of a fixed-term employment contract when transferring to another position will also be illegal. In this case, the employer can arrange for a temporary transfer of the employee to another position.

Situation 4: The employer hired a foreign citizen for the position in accordance with the permit. However, due to production needs this employee was transferred to another position not specified in the permit. Is the employer right?

Answer: attraction of a foreign citizen to work not in the specialty specified in the work permit, it is lawful. Such a situation, when the work actually performed by a foreigner does not correspond to the type of activity specified in the permit, is equated by the FMS and the courts to work without a permit (Decision of the Moscow City Court of 12.12.2011 N 7-2678; Resolution of the FAS of the North Caucasus District of 21.05.2012 N A53 -16050/2011, The Supreme Court RF dated 09/23/2011 N 18-AD11-15). And it entails the imposition of significant penalties or the suspension of the organization's activities, which in any case is an unjustified risk for the employer.

Situation 5: the employer demanded that the employee, who is on parental leave, go to work for one day to familiarize herself with the order to transfer her to a lower position and reduce her wages. Is the employer acting legally, motivating the specified transfer by the need to reduce the costs of the organization?

Answer: The employer is acting unlawfully. An employee cannot be recalled from vacation without her consent and transferred (Article 125 of the Labor Code of the Russian Federation). Translation without the consent of this employee is permissible only on the basis of a medical opinion. Thus, her previous position should be retained for her (Article 256 of the Labor Code of the Russian Federation). Thus, the order issued by the employer will worsen the position of the employee in comparison with the established labor legislation and be illegal. In accordance with Part 4 of Art. 8 of the Labor Code of the Russian Federation, it cannot be applied. If the employer nevertheless carries out the transfer without such consent and applies an order that worsens the employee's rights, then she can resort to protecting her labor rights legally enshrined in ways and to appeal against the actions of the employer, thereby reinstating in the previous position.

Temporary transfers to another job

Temporary transfer to another job is carried out for a specified period. In this case, the employee temporarily changes his labor function and (or) structural unit, if it was specified in the employment contract. Temporary transfers include (Article 72.2 of the Labor Code of the Russian Federation):

• transfer to another job, carried out by agreement of the parties for a period not exceeding one year;
• transfer to another job, carried out by agreement of the parties to replace an absent employee for a period until he leaves for work;
• transfer to another job due to objective reasons (for example, for up to 4 months in accordance with a medical report).

The procedure for issuing a temporary transfer is similar to that for permanent transfers. The exception is that for temporary transfers, an entry in work book the employee is not drawn up regardless of the reason and term of such a transfer. If the term is not known, write "until the temporarily absent worker leaves." And already on the basis of the agreement, an order is issued on temporary transfer.

When such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, a place of work is retained, then it is valid until this employee leaves for work. As a general rule, at the end of the term, the transfer is terminated, and the employee is provided with the work provided for by the employment contract.

But it may well be that the term of the transfer has ended, and the employee has not been provided with the previous job and he did not demand it and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent. In such a situation, it is advisable for the parties to fix these agreements in writing by drawing up an additional agreement to the employment contract. Further, the employer, on the basis of such an agreement, issues an order on personnel, in which it states that the transfer, which was originally issued as a temporary one, is now considered permanent. And in this case, it becomes necessary to make an entry in the employee's work book.

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Translations with the consent of the employee

The employer can also temporarily transfer the employee, with his consent, during the suspension of work due to the administrative suspension of activities or a temporary ban of activities in accordance with the legislation of the Russian Federation due to violation of state regulatory requirements for labor protection through no fault of the employee. At the same time, he retains his place of work (position) and average earnings(Article 220 of the Labor Code of the Russian Federation).

Translations without the consent of the employee

The term for a temporary transfer at the initiative of the employer, that is, without the consent of the employee, cannot exceed one month.

In addition, this can be done only in certain cases, which are indicated in Part 3 of Art. 72.2 of the Labor Code of the Russian Federation:

• natural or man-made disasters, industrial accidents, industrial accidents, fire, flood, hunger, earthquake, epidemics or epizootics and any exceptional cases that endanger the life or normal living conditions of the entire population or its part (part 2);
• downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature);
• the need to prevent destruction or damage to property;
• the need to replace a temporarily absent employee (part 3).

All of the above cases must be caused by the extraordinary circumstances specified in Part 2 of Art. 72.2 of the Labor Code of the Russian Federation. These include any circumstances that endanger the life or normal living conditions of the population or its part. It is strongly discouraged to transfer an idle employee to another job if he does not agree to this. If no extraordinary circumstances are identified, then the transfer of the employee will be recognized as illegal.

The transfer without the consent of the employee is drawn up by order of the employer indicating the circumstances that caused such a transfer. If an employee is transferred to a position requiring lower qualifications, written consent should be requested from him. In this case, payment is made in an amount not lower than the average earnings from the previous job.

Transfer to another area

A transfer to another location together with the employer, that is, a change in the location of the organization, is considered a permanent transfer. It does not occur so often, nevertheless there are nuances and the employer needs to know about it.

The execution of such a transfer should take place in the following sequence:

1. The employer must notify all employees about such a transfer in advance. Since the timing of such a warning has not been established, one should be guided by Art. 74 of the Labor Code of the Russian Federation and apply a two-month notice period,
2. Offer employees a translation. It is not necessary to send each employee a transfer proposal, but it is enough to issue one order and bring it to the attention of everyone against signature.
3. It is obligatory to obtain the consent of the employees,

In a situation where the organization has changed its legal address and executive agency changed the location, but the actual place of work of the employees remained the same, there is no need to draw up a transfer.

Employees who refuse to be transferred to another locality must be dismissed under clause 9, h. 1, Art. 77 of the Labor Code of the Russian Federation - refusal to transfer to another locality together with the employer. The employee is paid severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation). As with a regular dismissal, for termination labor relations with employees, Form No. T-8 (or Form No. T-8a), approved by Resolution No. 1, is applied.

With employees who have expressed a desire to continue working with this employer in another locality, relations are formalized as follows:

• an additional agreement to the employment contract is concluded on transfer to another locality,
• on the basis of an agreement with the employee, an order is issued,
• an entry is made about the transfer to another locality, even if the employee remains in the same position and in the same structural unit,
• an entry is made in the employee's personal card.

The employer should not forget about this important moment: in the event that an employee is songglaimed to move to work in another area, he will have to reimburse:

• expenses for the relocation of the employee himself, his family members and transportation of property (unless the employer provides the employee with appropriate means of transportation);
• expenses for settling in a new place of residence.
• The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (Article 169 of the Labor Code of the Russian Federation).

Transfer to another job without fail

Situations in which the transfer is mandatory occur both at the initiative of the employee (when he has the right to demand from the employer to transfer to another job), and at the initiative of the employer (due to circumstances beyond the control of the parties). At the same time, an employee can be transferred both on a permanent and temporary basis. 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 for the duration of the elimination of the hazard (Article 220 of the Labor Code of the Russian Federation).

The employer is obliged to satisfy the employee's request to transfer him to another job in the following situations:

• provided a medical report;
• the organization has a reduction in the number or staff of employees;
• in case of suspension of a special right;
• the woman is pregnant or has children under the age of one and a half years.

Moreover, each of these situations has its own design features.

1. The employee provided a medical report issued in accordance with the procedure for issuing certificates and medical reports, approved by Order of the Ministry of Health and Social Development of the Russian Federation of 05/02/2012 N 441n. According to the document, the employee needs to be transferred to another job. In this case, the employer is obliged to transfer to another job available to him, which is not contraindicated for this citizen for health reasons. The transfer of an employee to another position, where work is not contraindicated for him for health reasons, is carried out with his written consent (part 1 of article 73 of the Labor Code of the Russian Federation).

True, there is one "but" - if an employee who needs a temporary transfer for up to four months refuses to transfer (or there is no corresponding job), then the employer must suspend the employee from work for this period while retaining the place of work (position). Moreover, during the period of suspension wage the employee is not charged. 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 to transfer or if the employer does not have 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 (Art. . 73 of the Labor Code of the Russian Federation).

The situation is different with managers (and their deputies) who need translation for medical reasons. In their case, the employment contract with them may not be terminated, and the period of suspension from work is determined by agreement of the parties.

It is not uncommon for an employee to be transferred to a lower-paid job. The employer is obliged to keep the average earnings from the previous job for one month from the date of transfer. In the event that the transfer is associated with work injury, occupational disease or other damage to health associated with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation). Arbitrage practice this confirms. The judges ruled that the obligation to preserve the average earnings for the employee arises from the moment the employee is transferred to a lower-paid position and terminates with the establishment of a permanent loss of professional ability to work (Appeal ruling of the Vologda Regional Court of 13.09.2013 N 33-4301 / 2013).

1. When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (both a vacant position or job corresponding to qualifications, and a vacant lower position or lower-paid job). If the transfer is not possible, the employee will have to be fired on the basis of clause 2, part 1 of Art. 81 of the Labor Code of the Russian Federation. Employees are notified of the upcoming dismissal due to a reduction in the number or staff of the organization's employees personally and against signature at least two months before dismissal (Article 180 of the Labor Code of the Russian Federation).
2. If an employee has lost the ability to fulfill obligations under an employment contract in the event of suspension for up to two months of the employee's special right (license, right to drive vehicle, the right to bear arms, etc.), the employer is obliged to transfer the employee to another existing job (both a vacant position or work corresponding to qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. Of course, in this case, the employer must obtain the written consent of the employee. In addition, the employer is obliged to offer all the vacancies that meet the specified requirements that are available to him in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. If the employee refused or is absent vacant position, he is suspended from work without pay (Article 76 of the Labor Code of the Russian Federation). If the period of suspension of the special right exceeds two months or the employee is deprived of this right, the employment contract with him is subject to termination in accordance with clause 9, part 1 of Art. 83 of the Labor Code of the Russian Federation.
3. In accordance with the medical certificate, the employer must transfer a pregnant employee to another job that excludes the effects of adverse production factors, while maintaining the average earnings from the previous job. A statement is required from the employee. Until another job is provided, a pregnant woman is released from work. She retains the average earnings for all the working days missed as a result at the expense of the employer (Article 254 of the Labor Code of the Russian Federation).

Meanwhile, women with children under the age of one and a half years, in case of impossibility of performing the previous work, are transferred, upon their application, to another job with remuneration for the work performed, but not lower than the average earnings at the previous place of work until the child reaches the age of one and a half years (Art. 254 of the Labor Code of the Russian Federation). Also, pregnant women and women with children under the age of three cannot be involved in work performed on a rotational basis(Article 298 of the Labor Code of the Russian Federation).

In this situation, the transfer to another job is carried out as follows:

1. The parties conclude an additional agreement to the employment contract
2. The manager issues an order to transfer to another job
3. The personnel officer makes records of the transfer in the work book and personal card in the form of number T-2

A situation may arise when the employee does not want to interrupt her vacation or go to incomplete work time... In this case, there is no need to force her to interrupt her vacation. It is enough to invite her to drive up to work to draw up an additional agreement to the employment contract or send a courier to her. True, it is recommended to acquaint the employee with a new signature. job description in order to avoid refusal to perform duties that may come as a surprise to her. This must be done before signing an additional agreement to the employment contract.

The procedure for drawing up an additional agreement:

1. Date of change in labor function - we indicate the date from which the employee will perform a new labor function (work in a new position or in another department). This can be the current date (in the case when the structure of the company is changing) or the actual date of her return to work from parental leave.
2. In an additional agreement, it is possible to indicate (not necessarily) that the employee began her new duties after leaving the parental leave.
3. If, when transferring to another position (department), the employee's salary changes, then these changes should also be made to the supplementary agreement.

At the same time, working conditions change significantly, which are not mentioned in the employment contract. Is it legal to transfer to another job, what should be taken into account?

General information

Transfer of an employee to another job can be temporary and permanent. Purpose of translation:

A means of rational distribution of labor	Within an organization or between several
Parenting method	In the case of a transfer to a more paid position, with a promotion) or punishment (in case of violations and, as a result, a demotion
Means of labor protection and health	For example, during pregnancy, for medical reasons
Base	To terminate an employment contract
Guarantee of the right to work	Employment

It is allowed to transfer to another job only after the written consent of the employee. But if there was no such consent, and the employee started a new job, then the transfer is legal.

The procedure must be formalized by the order of the head and an entry in the work book. The Labor Code of the Russian Federation provides for a temporary transfer to another job.

Unlike permanent temporary transfer, it does not require a written agreement from the employee. Conditions for such a transfer:

• the basis should only be an exceptional case when there is a threat to life;
• the duration cannot be more than a month;
• without consent, you can only transfer to work for the same employer;
• work activity must correspond to qualifications;
• if the work can harm the health of the employee, then transfer to such a position is not allowed;
• labor should be paid in accordance with the work performed. There can be no lower wages.

If the above conditions are met, then such a transfer is considered legal, the employee has no right to refuse the employer.

During the transition to another job, the employee does not leave his employer, but only changes the type of activity. In what cases is it allowed to carry out the procedure:

• to decrease or increase the number of workers;
• when opening new branches of the organization;
• for career growth employee;
• in case of forced removal of an employee from his position.

The employer is responsible for the translation. You must inform the employee about your decision in advance.

What it is

Transfer to another job is a change in the employee's labor functions to certain time or on an ongoing basis.

The employee is provided with such work that is not provided. At the same time, the conditions of its activity are changing.

Regardless of whether the workplace changes or remains the same, a distinction is made between transfer to another locality and to another job, but this time together with the enterprise.

There are internal and external. The first type is a change in the field of activity of an employee for a time or a permanent basis. The employer does not change. External transfer - transfer to a new leader.

Such a transfer requires the consent of the employee. How to arrange an external transfer to another job? The scheme is simple:

1. An employee writes a statement.
2. The employer turns to the future manager with a request to accept the employee.
3. Waiting for an answer.
4. If approved, transfer to a new employer.

Also, the translation is temporary and permanent (has no time limit). Permanent types:

• when the employer does not change;
• transfer to another job together with the head. It may be another organization, locality. This does not change the employment contract;
• external translation.

With a temporary transfer, the work activity is changed for a certain period. It happens by mutual agreement of the employer and the employee, without the consent of the employee, if necessary for the manager.

Advantages and disadvantages of the procedure

The process of transferring an employee to another position has both disadvantages and advantages. Minuses:

• the new employer can set a salary that will be lower than the previous one;
• long-term adaptation to a new workplace is possible;
• conflicts with colleagues are not excluded.

Pros:

• guaranteed employment;
• no probationary period.

In order for the guarantees to be valid, the employee must contact the new employer within a month from the day from the previous place of work.

Before agreeing to a translation, you need to think carefully about everything, weigh all the advantages and disadvantages.

Current regulatory framework

Devoted to transfer to another work. The Law highlights the concept of transfer, the basic conditions for the procedure and its order.

Its shape is arbitrary. In the application, indicate the reasons for the transfer, new position... Then sign and submit for consideration to the chief.

If the transfer is of a temporary nature, then the employer and the employee draw up an employment contract (with some of its clauses changing).

If the transfer is permanent, then it is better to terminate the contract, and arrange another at the new workplace. The employer must issue an order, form - T-5.

The column "Reason for transfer" indicates - "At the initiative of the employee." The employee has the right to demand a photocopy of the order.

If for a lower-paid job

If the transfer involves a lower-paid position, then this is possible in some cases:

• as a result;
• dismissal due to lack of qualifications;
• staff reduction;
• mutual consent of the parties.

In these cases, the translation is legal grounds... There are also illegal ones that you need to know so that the rights of the employee are not violated.

The manager can demote due to employee misconduct. It is illegal, the leader must simply reprimand or deprive.

If the translation is legal, then its procedure is as follows:

An employee can sue the manager in court, so all the grounds for transferring to a lower-paid position must be justified.

For the first 2 weeks, the employee receives the same salary as in the previous job (with a mutual agreement to transfer). If the reasons did not depend on the employee, then the previous salary is paid for 2 months.

According to the medical report

This procedure is considered as a translation initiated by third parties - entities that do not belong to the organization.

With the written consent of the employee, the employer is obliged to transfer him to work, the conditions of which will not harm his health.

If the employee refuses to transfer, or the employer does not have a position, then he has the right to suspend the employee from work for the period specified in the doctors' opinion. At the same time, the position remains with him, the salary is not paid.

To a permanent place of work from a temporary

At this type transfer, there is no need to write an order for dismissal, and then on acceptance for a new job.

It is enough to follow a series of steps:

An employee writes a statement to the head of the organization	With a request to translate it to permanent job... It must be issued before the expiration of the temporary employment contract. Sign and date the application
The employer draws up an order	In it, indicate the data of the employee, the type of transfer, the old and new workplace. The order form is T-5. the reason for the transfer is from a temporary basis to a permanent one. The order to sign and give to the employee for review under his signature
Drafting a new employment contract	Which indicates the position, salary, duties of the employer and employee. Issue in 2 copies
Make a note in the employee's card	Make an entry in the work book. Make changes to all necessary documents
In case of termination of the temporary contract, the employee's length of service will be interrupted	Therefore, you do not need to do this, the transfer order will be enough

Formation of an application (sample)

An application from an employee is filled out in a standard form. At the top right, indicate the name of the organization, the data of the head and from whom the application is addressed.

In the text, you must write about your desire to transfer to another job with an indication of the position. You can also indicate the reason for the transfer.

At the end, sign the statement, put the date and send it to the HR department. Based on this, a transfer decree is issued.

Order - important document, confirming the transfer of an employee from one job or position to another. Its form is standard, approved by law -.

The document is completed by the employee personnel service after the written consent of the employee. If the transfer is temporary, then you must indicate the end date of the new job.

It is also important to indicate the data of the employee, the reason for his transfer, all the details. At the end, be sure to certify the order - by the head of the organization and by the employee himself.

Is it possible for an employee to refuse

There are times when an employee refuses to transfer to another position, threatens. What to do in this case? The employer must offer him another job in writing.

It must correspond to the qualifications of the employee and his health, not harm. If this work is absent, then the manager can offer a lower-paid position.

If the employee does not agree with this, then according to the employer has every reason to terminate the employment contract with him.

If the transfer of an employee to another locality is meant, and he refuses, then on the basis of Article 77 he can be dismissed.

But! If the employer himself does not move to this area, then the employee's refusal cannot be the reason for terminating the contract with him.

After the termination of the employment contract, the manager is obliged to pay severance pay, the amount of which is the employee's two-week wages.

The following entry is made in the work book - he was dismissed due to refusal to transfer to another job.

Thus, transfer from one job to another is possible only with the written consent of the employee. Without consent, the transfer will be considered illegal.

However, there are grounds for the transfer, for which the employee's consent is not required, they are spelled out in Article 72 of the Labor Code Russian Federation.

If the employee approves his transfer, then he must write an agreement to the manager, if this is his personal initiative, then a statement with a request to transfer to another position.

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In this article, you will learn:

• On what conditions is it possible to dismiss by transfer
• What are the pros and cons of being fired by transfer to another organization for both parties
• In what ways can you dismiss an employee by transfer
• In what order does dismissal take place by transfer to another organization at the initiative of the employee and at the initiative of the employer
• How is a dismissal made out by transfer to another organization
• Is the employee entitled to compensation upon dismissal by transfer

All variants of the employer-employee relationship are stipulated in the Labor Code of the Russian Federation. The transfer of a person from one place to another, both external and internal, is no exception.

Internal transfer: an employee is simply transferred from one department to another. Everything is more or less clear here. In the case of external translation, people often have questions. To be honest, many are confused by the wording "dismissal by transfer to another organization." Therefore, we suggest that you understand all the intricacies of the legislation. After all, knowing the specifics of the procedure, you will no longer be afraid to sign a dismissal order by transferring to another organization.

What are the features of dismissal by transfer to another organization

The transfer of an employee to another organization is provided for by article 77 of the Labor Code of the Russian Federation. Moreover, the employer will be able to make the transfer only on the basis of the written consent of the person or on his initiative. The legislation does not provide for other reasons! Moreover, according to Labor Code if, due to some circumstances, the employer has changed, the form of ownership or subordination has changed (a full list of reasons is listed in the Labor Code of the Russian Federation), the person has the right to quit.

Despite the similarity of the phrases “voluntary dismissal” and “dismissal by transfer to another organization,” there is a significant difference between them. If in the first option you can change your mind and withdraw the application at any time, then the application for dismissal by transfer to another organization, even with all the desire to pick it up, will not work. Moreover, the legal grounds for the transfer of an employee should be not only this statement, but also the interest on the part of another company. The latter can be confirmed by an official request for a specific specialist.

Let's say one company receives a request from another for specific workers. In case of interest and the presence of such an invitation, managers conclude a written agreement, which stipulates the transfer of the employee. If the employee agrees and confirms this in writing, the mechanism is triggered and the transfer begins.

Find out: how to get the most out of your staff, spending a minimum of effort on training

On what conditions is it possible to dismiss by transfer to another organization

Dismissal by transfer to another organization is a voluntary process involving the conclusion of an employment contract with another employer. This means that the employee must take into account that working conditions and responsibilities, the size of the salary may change, and as in better side and worse. Therefore, all these subtleties need to be clarified with the future employer "on the shore".

It is clear that any employee will agree to move to another organization only because of more favorable conditions. To hedge himself, he has the right to demand guarantees from the future boss. They can be a letter of inquiry, which indicates the position for which a specialist is being invited.

It is important that it is legally stipulated: the new employer has no right to refuse the invited worker in employment. If this norm is not observed, the company can either be fined from 30 to 50 thousand rubles, or suspend its activities for up to 90 days.

An annual paid leave upon dismissal by transfer to another organization is granted to a specialist as usual: after working at the enterprise for six months. If you have the right to take a vacation, it is necessary to take it off at the current enterprise. V new company non-festive days do not pass.

Voluntarily, through negotiations, the dates of dismissal and employment are negotiated. They are agreed in advance by the employer and the employee. In this regard, the legislation does not provide for working off within a two-week period.

Dismissal by transfer to another organization: pros and cons

Dismissal of an employee by transfer to another organization guarantees a number of advantages for him.

• The employee will be employed no later than within a month. The monthly term of registration of labor relations at a new place is the maximum. In case of refusal, the employer may be fined.
• Dismissal by transfer to another organization guarantees the absence of a probationary period.
• When agreeing on the timing of the transfer, it is quite possible to agree with the former boss so as not to work out within a two-week period.

It is important to know that when dismissing by transfer to another organization, a person should not justify his choice. Having decided to leave, he simply indicates in the statement: "I ask you to fire me in connection with the transfer to another company."

Another significant plus of dismissal by transfer to another organization is guaranteed employment at another enterprise, that is, the most preferable and safe method of dismissal, especially when compared, for example, with dismissal of one's own free will. Even if a specialist has already found a new job for himself, no one can guarantee that he will be hired.

If we talk about shortcomings, then during the transfer there is only one, and it is legally considered insignificant: the new employer is not obliged to assign the employee a salary higher than it was. In other words, there is a possibility that it will remain the same or even become lower. It is necessary to discuss these subtleties in advance.

So, the pros and cons of dismissal by transfer for both parties are presented in the table.

Party to the terminated employment contract	pros	Minuses
Employee subject to dismissal by transfer to a new employer	Guaranteed conclusion of an employment contract with a new employer within a month from the date of dismissal from the previous employer. No probationary period when applying for a new job	Inability to withdraw your letter of resignation
Employer firing an employee	If the dismissal of an employee is due to the need to reduce his workplace, this method of resolving the issue will save the employer from unnecessary financial costs to pay severance pay	The need to be aware of some of the features of processing a dismissal by transfer

Dismissal of an employee by transfer to another organization: two ways

Based on who initiates the dismissal of an employee by transfer to another organization, the methods of formalizing the procedure are also different.

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

An employer interested in a new specialist must write an invitation, confirming his willingness to accept the specialist. This letter, addressed to the director, is forwarded to the person's current place of employment.

Does the current leader mind? The specialist draws up a letter of resignation through transfer. The director agrees and signs the order. The further algorithm is standard: entries in the labor, personal card, calculation, issuance of labor and income certificates (term - the last two years). With these papers, the specialist comes to the enterprise, for the benefit of which he now has to work.

Method 2. The initiative comes from the leader.

As a rule, the dismissal of an employee by transfer to another organization is resorted to in situations where the task is to reduce the number of staff. Some employers find their subordinates positions in other enterprises, discuss the subtleties with their managers. If the person is satisfied with everything, on the basis of written consent, a tripartite agreement is concluded, which stipulates the conditions of employment.

In what order does the dismissal take place through transfer to another organization at the initiative of the employee?

Stage 1. The head of the enterprise, who has expressed a desire to accept a specialist through translation, draws up a letter addressed to his current employer. It is written on the company letterhead. The wording is arbitrary. As a rule, the position and the desired date of transfer of the specialist are indicated. At the discretion of the author of the letter, it also contains the size of the future salary.

Stage 2. The person initiating the change of place of activity writes a letter of resignation by transfer to another organization.

Stage 3. If the current employer signs it, a letter of consent is sent to the future place of work.

Stage 4. The order for dismissal, which is formed by the director, indicates the initiator ("In the order of transfer at the request of the employee") and a reference to the legislative act (clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation).

Stage 5. An entry is made about the signed order in the registration log.

Stage 6. The transferred employee is introduced to the order. He confirms the fact of acquaintance in writing.

Stage 7. After reviewing the personal card, they record the fact of dismissal by transfer to another organization. Here, a reference to article 77 of the Labor Code of the Russian Federation is required. The person confirms the fact of acquaintance with a signature.

Stage 8. An entry is made in the work book of the translated specialist.

Step 9. The final calculation of the specialist, taking into account payments for unaccompanied vacation days and payment for the time worked, occurs on the day of dismissal (a note-calculation of the T-61 form is drawn up).

Step 10. At the end of the last working day, a person is given labor. Confirming the fact of its receipt, he signs in the Book of Records.

Step 11. In addition to labor, a person is issued a salary certificate (the period of the certificate is the last two months).

Step 12. Within a month, the translated specialist must start working.

Stage 13. When applying for a job, it is specified: the person is accepted by the transfer.

What are the features of dismissal by transfer to another organization at the initiative of the employer

The algorithm for dismissing an employee by transferring to another organization at the employer's initiative differs little from the sequence of the previous stages. But there are still some nuances.

1. The leaders agree: one dismisses, and the second takes on a specialist.
2. In writing, the person is informed of the transition. He is informed about working conditions, position and future salary. If a person is not satisfied with the proposed parameters and he refuses, they have no right to oblige to draw up his translation.
3. If the person agrees to the translation, the official notification by his hand indicates that “I agree to the translation”. At the end there is a date and a list.
4. After drawing up a tripartite agreement, the prospective employer is provided with confirmation.
5. The director puts his signature in the order for dismissal through transfer. It refers to Article 77 of the Labor Code of the Russian Federation and indicates that the person agrees.
6. The labor, personal card also indicates that the person agreed to be fired.
7. The employee confirms the fact of familiarization with the above documents with a personal signature.
8. The specialist receives a work book and a certificate of income for the last two years. Simultaneously, a calculation is made with the payment of compensation.

How is the execution of a dismissal by transfer to another organization

Dismissal of an employee by transfer to another organization is standard. Therefore, when issuing an order, form T-8 is used. The development of this kind of administrative documentation is the sphere of activity of the personnel department. It is signed by the head of the enterprise.

The employer notifies the specialist about the dismissal. This is done on receipt, regardless of the reason and method of calculation.

In the absence of disagreements between the parties, on the basis of the order, a work book, a person's personal card (form T-2) is filled out. After that, the accounting department calculates former colleague and give him a certificate of the accrued personal income tax and a document informing about the amount of contributions to the funds.

The date inscribed in the order is the day of the termination of employment.

Consider the features of filling out documents when making an employee transfer

1. Statement.

Application for dismissal by transfer to another organization - document. This is how the specialist asks the employer for consent to the translation.

An application for dismissal by transfer consists of:

• hats. It indicates the position, name of the enterprise, surname, name and patronymic of the director. This is followed by data on the specialist making the application: his position, surname, name and patronymic;
• heading - "Application";
• of the main text. When voicing a request for a transfer, it is imperative to indicate why the person made such a decision. The announced date will be the last day of the specialist's work;
• the end of the application, which indicates the date of the application, is signed.

The statement certified by the chief becomes part of the personal file.

1. Order.

An order to dismiss an employee by transfer to another organization consists of:

• company name;
• names and numbers of the order;
• date of compilation;
• specifying the way to terminate the employment relationship;
• surname, name, patronymic of the specialist;
• positions, personnel numbers;
• the basis for the calculation;
• information about documents ensuring the legality of dismissal;
• date, signature of the employer, seal of the company.

After all this, the line “I have read the order” is located at the bottom. Here the dismissed person signs, confirming that he was notified.

Information in the personal card and personal account of the specialist is entered on the basis of this order. Already after the note-calculation, to which a copy of the order is filed, goes to the accounting department.

Registration of orders is a necessity that cannot be ignored. All primary documents must be taken into account and strictly comply with the provisions of Article 9 of the Federal Law "On Accounting". By the way, when dismissing a person with material responsibility a receipt is also drawn up confirming the absence of any questions of the material plan on the part of the authorities.

1. Registration of a work book.

When filling out the labor code, they refer to article 84.1 of the Labor Code of the Russian Federation. An important aspect: the reason for the termination of employment must correspond to the one voiced in the order. For example, “Fired due to transfer”.

The employment record is certified by the employer and the person responsible for the workflow. The dismissed person signs under all the statements that are indicated above (paragraph 35 of the Government Decree of April 16, 2003 No. 225). After entering the data, you can put a stamp. When registering a labor at a new enterprise, it is necessary to indicate that the specialist is "hired for the position of transfer".

The movement of an employee within the enterprise is expressed in transfers from one position held to another and transfers between jobs. In some situations, the worker's consent is mandatory, in others it is not required. But in any case, it is necessary to carefully draw up documents on which the observance of the rights and interests of the parties depends.

Differences in the procedure for moving an employee from a transfer to another position

The transfer of a specialist involves a change in the work functions performed by him while continuing (without interruption) work in the same place of employment (without changing the employer). A procedure carried out by agreement of the participants in the labor process or at the initiative of the management of the enterprise can be temporary or permanent. The temporality of the transfer is associated with the period of absence of any specialist in the company or with the state of health of the worker himself.

Transfer to another job is possible with the written consent of the employee, except for some cases stipulated by law (Article 72 of the Labor Code of the Russian Federation). Transfer of a citizen to work with another employer is allowed at the written request of the employee (written consent) with the termination of the employment contract at the old place of employment (Article 77 of the Labor Code of the Russian Federation).

Moving an employee- this is his movement within the organization, not accompanied by a change in labor functions. The process is always carried out in the same area, while the essential terms of the employment agreement are not subject to changes.

The situation refers to internal issues that are resolved by the management of the enterprise and do not require the consent of the employee (Articles 72, 73, 74 of the Labor Code of the Russian Federation). The employer must warn the specialist in advance about the upcoming changes. He has no right to refuse to fulfill his job duties in the changed conditions (in a new place, in a different structural unit).

Relocation, in contrast to the permanent transfer of a worker, does not provide for registration in a work book. When transferring to a valid contract with an employee, an additional agreement is drawn up, which determines the essential conditions of activity.

The transfer procedure may require the employee to have special skills (skills); when moving an employee, there are no such requirements.

Important! Any movement must be based on operational reasons. Without such, movement in a number of situations can be recognized as illegal, especially if there are personal motives of the organization's management.

Types of employee movement

The procedure provides several options for moving:

1. To another workplace. The employee continues to fulfill his labor duties unchanged, but in another office or in another building of the organization.
2. To another division of the company. Such structural divisions (management, branch, sector) may not always be located at a single address, but should always be within the same settlement(city, town, village). In such cases, the procedure will be considered to be the movement of the employee.
3. To perform work on other equipment (unit, mechanism). For example, the driver continues to perform the previous functions of transportation (cargo, passengers) on the newly assigned new vehicle. In this option, the change in the work tool should not contradict the employee's duties as defined by the employment agreement or job description.

Important! Labor contract may contain an indication of the workplace (department) for the employee's work. If the specified conditions change, then the procedure is recognized as a translation, not a permutation.

Conditions for movement

The management of the company can reshuffle (move) employees in the course of the work process without changing job duties, working conditions, area of ​​employment for reasons that depend on the production interests of the enterprise and are carried out without taking into account the interests of specialists.

The reasons for the procedure may be:

• production necessity, which results in adjustments to the staffing schedule of the company;
• contraction or expansion production activities enterprises;
• situations of professional, career growth of personnel.

In such situations, the worker being moved must comply with the orders of the employer or his representatives performing administrative functions at the enterprise.

Important! An employee cannot be moved to another place of work that is contraindicated for him for reasons related to health. But if the employer did not receive a notification about the presence of contraindications, and the employee himself concealed such information, then in the future this circumstance can be regarded as an abuse on the part of the worker of his right.

The procedure for registering the transfer of an employee

The management of the enterprise has the right to move the employee to another structural unit due to production or other circumstances, including medical reasons. At the same time, the conditions for the location of the new place of work in the previous locality and for the absence of significant changes in the labor function (performed job duties) must be met:

1. To carry out the reshuffle of a specialist, the head of the enterprise issues an appropriate order, which determines new job or a structural unit for the performance of an employee's job duties.
2. The basis for the preparation of the order is a memo (service) note drawn up by the head of the department or structural unit where this specialist works.
3. The document is submitted for consideration to the management of the organization, which is affixed with a conciliatory resolution, the corresponding date and signature.

If the initiative to relocate to a new place of work comes from the employee, the latter draws up a written application. The text of the document must contain a request to transfer the applicant to another unit or to another position, indicating the reasons that caused the need for such a procedure. The application must be accompanied by supporting documents or medical reports in case of medical indications for the movement of the worker.

The application is communicated to the management of the enterprise, which, in case of consent, issues a permit visa, which serves as the basis for the preparation of the corresponding order for the organization.

The text of the order indicates:

• the position held and the name of the department or division where the applicant works;
• grounds for rearrangement;
• the name of the department or position () to which the specialist is transferred.

The specialist must familiarize himself with the prepared order and put his visa on acquaintance.

Important! An additional agreement is not drawn up to the labor agreement with the employee, since there is no change in his main labor function. An entry on the movement of an employee is not made in the work book (Article 72 of the Labor Code of the Russian Federation).

Legal consequences of moving or abandoning it

The management of the organization has the right to make any personnel changes aimed at increasing the rationality of the use of property and the efficiency of the enterprise. Each specialist is obliged to comply with the employer's decision to relocate him.

Refusal to comply with the order to move is equivalent to a disciplinary violation on the part of the worker (Article 192 of the Labor Code of the Russian Federation).

ATTENTION! In the case of substitution of concepts and design under the guise of moving without the knowledge and consent of the employee of his actual transfer (with a change in working conditions), the management of the organization may face punishment.

If the employee refuses to comply with job duties when it is illegally rearranged, according to the law, its labor rights remain unchanged (Articles 81, 379 of the Labor Code of the Russian Federation). In this case, the employee cannot be brought to disciplinary responsibility. The employer also cannot prevent the employee from protecting his own labor rights (Article 380 of the Labor Code of the Russian Federation).

An employee, if the movement is recognized in court as illegal, can file a claim for payment of the difference in earnings (for the period of performing other work), for payment of the time of forced absence, for compensation for moral damage caused to him (Article 236 of the Labor Code of the Russian Federation).