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.
For your information
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).
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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, whose place of work is retained in accordance with the law, 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 excludes the possibility of the employee 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 entails the impossibility of the employee fulfilling 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 for 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 very proposal to 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 another available job in writing. 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 for 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.
For your information
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).
For your information
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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Instructions
The transfer can be carried out by the employee or by agreement between the employee and the employer. In the first case, an application with a request for transfer to a vacant position, in the second, an act of job offer is drawn up and an agreement is drawn up to amend the employment contract.
As a rule, the employee expresses a desire (writes an application) for a transfer with significant improvements. This could be a higher paid position, the location of the workplace closer to the place of residence, a reduction in the scope of job responsibilities, performing work in the main profile of education, etc.
If there is a desire for a transfer due to worsening working conditions, it is better to reflect the reason for it in the application.
An application for permanent transfer to a vacant position is written in any form addressed to the head of the organization. It is advisable to indicate in it those qualities of yours that allow you to apply for this position.
If the transfer initiative comes from the employer, two options are possible:
promotion to a higher position;
transfer to a lower paid position.
When a position of a manager at any level is vacated at an enterprise, a representation is drawn up in the name of the head of the enterprise by the personnel management service. It sets out a detailed rationale for appointing a particular employee to this position. Information such as the applicant’s education, work experience, achievements at the previous place of work, availability of incentives, age, completion of advanced training courses, etc. is very important.
After studying the applicant’s personal file and conducting an interview, the application is approved or rejected by the manager.
The need for transfer to a lower-paid position arises in such cases as:
impossibility of continuing work in the previous position due to condition or results;
carrying out a reduction in staff or number of employees.
If there is a need for such a transfer, the employee is offered another, lower-paid job in writing (a job offer document). If he agrees, the employee signs the document with his own hand.
An example of an entry in the act: “I agree to the proposed position.......” Below is a number and signature.
The HR department specialist, having received an application or act approved by the head of the organization, draws up all the necessary documents:
order for personnel, form T-5;
additional agreement to the employment contract;
makes an entry in the work book;
makes an entry in the personal card T-2.
The employee gets acquainted with all documents against signature.
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Helpful advice
When signing the deed, carefully read its contents. This document is the legal basis for the translation. Once you change your mind, you are unlikely to be able to challenge it.
Sources:
- Help for business.
Transfer to a permanent place of work can be carried out within the organization, as well as from one employer to another. A permanent transfer implies a change in the employee’s job function. With an internal transfer, an order is issued and an entry is made in the work book; with an external transfer, the employee must go through the dismissal procedure with one employer, and the hiring process with another.
You will need
- - employee documents;
- - documents of enterprises;
- - presses of enterprises;
- - forms of relevant documents;
- - pen;
- - Labor Code of the Russian Federation.
Instructions
If a transfer is made to another employer, the director of the enterprise who wants to hire him in his organization writes a letter of invitation addressed to the director of the company where the employee currently works. In the document, the employer indicates the last name, first name, patronymic of the employee, the position he holds, and the date from which the manager expects to hire this specialist. Assigns a number and date to the letter, certifies it with the seal of the company and the signature of the first person of the organization.
The current employer writes a letter of representation to the new employer about the transfer and attaches a reference for the employee, if necessary. The director of an enterprise who wishes to hire this employee writes a letter of consent, certified by the seal of the organization and the signature of the head of the enterprise.
Provide notice of the transfer of this specialist to another employer two months before the transfer. Obtain the employee's written consent by reading this notice.
Draw up an order for dismissal by transfer, referring to Article 77 of the Labor Code of the Russian Federation. Certify the document with the seal of the enterprise and the signature of the director of the enterprise. Familiarize the employee with the order against signature.
After two months, make an entry in the employee’s work book about dismissal by transfer to another organization, issue funds against settlement, close the personal card for the employee.
Having received the work book in hand, the employee writes an application for employment from another employer, an employment contract is concluded with him without establishing a probationary period, and an order is issued for employment by transfer from another organization. A corresponding entry is made in the specialist’s work book, and a personal card is created for the citizen.
If the transfer is carried out within the organization, then you need to notify the employee in writing about the upcoming transfer two months before the expected date of transfer. The employee can write his consent in the form of a statement or read a notice with a date and signature.
Conclude an additional agreement to the contract on changing the employee’s duties. Based on the agreement, draw up an order in which you indicate the position of the employee, his last name, first name, patronymic, as well as the name of the position, structural unit where the specialist belongs, indicate the salary amount.
Make an entry in the employee’s work book about the transfer, indicating the position and structural unit where the employee will work. In the reasons, enter the number and date of the transfer order.
Sources:
- Transfer to another job
If an employee decides to move to another department for further career growth, the employer must accept his application for transfer. Personnel employees must draw up an additional agreement to the employment contract. The director should issue an order, and on its basis, personnel officers need to make changes to the employee’s personal card and work book.
You will need
- - employee documents;
- - documents of the enterprise;
- - labor legislation;
- - seal of the organization;
- - staffing;
- - transfer order form;
- - employment contract;
- - personnel documents.
Instructions
Transfer from one department (structural unit) to another without changing the position and responsibilities for it by moving. To carry out such a procedure, the employee should write a statement addressed to the director. In it, the employee writes a request for the possibility of transferring from one structural unit to another. The application is numbered and dated. The head of the enterprise must express his decision in the form of a resolution, which contains the date, signature, and the fact of the transfer.
Enter into an additional agreement with the employee. In it, write down the name of the department to which the employee should be transferred; the name of the position does not need to be changed, so the transfer of the specialist must be carried out to the same position that he occupied before the transfer. The amount of payments will correspond to the amount of wages he received until now. Confirm the agreement to the employment contract. It bears the signature of the director or other authorized person, the company seal, as well as the signature of the transferred employee.
Based on the agreement to the contract, the director of the company needs to issue an order for the transfer. The header of the document contains the name of the enterprise, number and date of compilation, and city of location. The subject of the order will correspond to the movement from one department to another (indicate their names). In the content (administrative) part, write the employee’s personal data, his position, personnel number. Then enter the name of the position to which he is moving, salary, additional payment, bonus for it in accordance with the approved staffing table. Certify the order with the signature of the sole executive body and the company seal. Familiarize the employee with the document; in the required line, he puts his signature and date. On the reverse side of the order, visas are affixed by the heads of both structural divisions (to and from where the transfer is made), a lawyer, and a director.
The name of the department to which the employee has moved is changed by HR officers in the second section of the personal card, in the employee’s work book. Certification of records is not required.
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Having considered the issue, we came to the following conclusion:
In this situation, extension of the temporary transfer is impossible.
Rationale for the conclusion:
According to part one of Art. 72.2 of the Labor Code of the Russian Federation, by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained until the employee returns to work.
There are no restrictions or prohibitions on extending the period of temporary transfer to a vacant position, if this period in total does not exceed one year.
However, in the situation under consideration, the initial period was equal to that established by Art. 72.2. The Labor Code of the Russian Federation is limited, therefore, its extension for a new period is impossible.
In order for a temporary transfer not to become permanent, in this situation it is necessary to return the employee to his previous job, and then transfer him again to a vacant position.
The legislator does not provide for the passage of any specific period between temporary transfers to another job. At the same time, 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 (part one of Article 72.2 of the Labor Code of the Russian Federation). Therefore, the employee should be returned to his previous job for at least one working day. The next day, with the employee’s consent, a re-transfer can be made.
Such a transfer is drawn up in the same manner as a year ago: by order (instruction) of the employer (Form N T-5), the basis for issuing which is an additional agreement to the employment contract signed by the parties. Unlike a permanent transfer, with a temporary transfer the corresponding entry in the employee’s work book is not made (regardless of the actual duration of such a transfer). Therefore, information about a temporary transfer to another job is reflected only in section III of the employee’s personal card (Form N T-2).
Prepared answer:
Expert of the Legal Consulting Service GARANT
Morozov Ivan
Response quality control:
Reviewer of the Legal Consulting Service GARANT
Barseghyan Artem
The material was prepared on the basis of individual written consultation provided as part of the service. For detailed information about the service, contact your service manager.
This term refers to the movement of an employee to another position, to another department or location. The transfer can be carried out on an ongoing basis or for a certain period of time. It can only be carried out with the consent of the person, except for cases specifically specified in the Labor Code of the Russian Federation.
Temporary transfer to a vacant position
Transfers for a certain period of time are regulated by Article 72.2 of the Labor Code of the Russian Federation. It says that by agreement between the parties to the labor relationship, the employee can be transferred to another job, but only for a period not exceeding 12 months.
The translation procedure is as follows:
- Drawing up a written agreement, supplementing the existing employment contract, that the person will be transferred to another position temporarily;
- Registration of a transfer order. As a rule, a unified form T-5 is used for this.
If, after the end of the transfer period, the employee remains at the new job by default, that is, neither party has expressed a desire to return him to his previous position, then such a transfer becomes permanent. To do this, you need to prepare the following documents:
- Another addition to the employment contract, in the form of an agreement that the temporary transfer is changed to permanent;
- An order stating a change in the time of transfer.
Note! If the transfer was made to a vacant position with the wording “until the vacancy is filled,” the 1-year period is still valid. Therefore, in order not to contradict the provisions of Article 72.2, the employee must be transferred to his previous position after a year, and then formalize another transfer.
If a temporary worker is transferred to another temporary job, the registration procedure will not change. The only thing that the HR department must take into account is that the duration of the transfer should not exceed the termination period of the main contract, otherwise the employee may become permanent, that is, his contract is recognized as unlimited.
Temporary transfer of an employee to replace an absent employee
The case when a temporary transfer is carried out to a staff unit that already has an employee, but is temporarily absent, is stipulated separately in the legislation. In this case, the transfer period is limited not to 1 year, but to the time of absence of the main employee. Accordingly, it may exceed the specified 12 months. For example, you can make a temporary transfer for three years if the employee went on maternity leave.
The registration procedure will be the same as in the previous case.
Note! In the case of transfer to the place of an absent employee, it is better not to put a specific date as the end date, but to indicate the event that will mark the end of the transfer period. For example: “The transfer is carried out from October 1, 2017 until the end of the period of incapacity for work and the return to work of manager A.V. Yesenina.”
Temporary transfer to another job without the employee’s consent
The Labor Code of the Russian Federation provides a list of factors and conditions under which an employee can be transferred without his consent:
- in the event of natural and man-made disasters, as well as other factors that pose a risk to the life and health of surrounding people;
- in case of downtime, as well as to eliminate the risk of damage and loss of property, if these circumstances were caused by the factors given above.
Such a transfer can be carried out for a period not exceeding 1 month.
Is a temporary transfer included in the work book?
In accordance with Article 66 of the Labor Code, a temporary transfer is not included in the list of information that must be reflected in the work book.
This means that when transferring for a certain period of time, no entry is made in the work book.
But if, after the expiration of the transfer period, not one of the parties expressed a desire for the employee to return to his previous place of work, then the transfer from temporary turns into permanent, and, therefore, it must be reflected in the work book.
In this case, the actual date is indicated when the employee began performing new duties. That is, the recording will actually be made later than the specified date. But at the same time, one more point needs to be taken into account - the details of which order should be entered into the labor report? The legislation does not regulate this issue in any way. But in practice, it is recommended to enter two orders in column 4:
- order for temporary transfer (the date indicated in the document will coincide with the date of transfer);
- an order recognizing the transfer as permanent (this order will contain the date when the transfer becomes permanent).
If an entry has already been made in the work record about a temporary transfer that has not become permanent, then it is corrected in the same way as all incorrect entries in the work record book.
Conclusion
Temporary transfer involves transferring an employee to perform another job for a certain period. After completion of this period, he returns to his previous job, or the transfer becomes permanent. The transfer time should not exceed 1 year, except in cases where the transfer is made to a temporarily vacant position.