Temporary transfer of an employee. Temporary transfer within the organization at the initiative of the employer

The activities of an enterprise cannot proceed without moving employees to another permanent or temporary place of work.

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A certain situation sometimes does not require transfer on a permanent basis and therefore it is much more convenient to organize a temporary reshuffle of personnel.

Required information

An inexperienced employer has a completely reasonable question: how to properly prepare the relevant documentation so that it does not contradict the letter of the law.

At the same time, you need to correctly understand what a temporary transfer to another job is and how to avoid possible misunderstandings in the future.

Russian legislation has a clearly formulated position on these and other aspects of temporary personnel reshuffle.

Transfer to another place of work is temporary or permanent. In this case we are talking about a temporary reshuffle of personnel. Additionally, translations are divided into internal and external.

As a rule, temporary reshuffling of an employee is an internal procedure, except in rare cases.

Internal transfers have two types:

• to another position within a single organization;
• to another facility together with management.

External transfer of an employee implies a transfer to another position, under the supervision of third-party management.

When carrying out the procedure, it is important to take into account compliance with the necessary conditions for the transfer, circumstances impeding the process, as well as the length of stay and features of the new position.

Often, a temporary transfer is used as an alternative to a probationary period - when it is necessary to check how an employee can cope with new responsibilities.

Or to place a person in a vacant position until a more qualified specialist becomes available.

Concepts

It is enough for the parties to the agreement to change the terms of the agreement. The results of such a reshuffle are extremely important for the manager and employee. First of all, the changes will affect the employee’s pay and work schedule.

According to the new document, an employee can be assigned responsibilities not provided for, subject to the introduction of a certain clause in the employment contract.

If an employee refuses an offered vacancy, management has no right to demand the opposite, in particular if forced transfer is not provided for by labor legislation.

If an employee, contrary to the law, refuses a position, management may take disciplinary action, up to and including further action.

If the reshuffle is carried out due to force majeure and the head of the enterprise cannot provide an equal or higher vacancy, then the employee’s written consent to a new, lower-paid vacancy is required.

How is a temporary transfer to another job carried out?

Temporary reshuffling of personnel is carried out on the basis of an order from the head of the enterprise (Form T-5). The document form has been approved.

Temporary frame rearrangement is possible in three scenarios:

• procedure by mutual consent of the parties;
• procedure without the employee’s consent;
• a forced process for the employer.

The necessary conditions

Legal transfer of a temporary worker to another temporary job is possible only within a single organization.

The only exception is the example of athletes, when management is unable to provide an employee with participation in competitions.

Then the employee is temporarily sent to work at another company for a period of no more than 1 year.

In other cases, even in relation to holding or subsidiary organizations, a temporary reshuffle is not possible; it is necessary to register the employee on a permanent basis.

But there is a simple way out - if it is necessary for an employee to perform certain duties at a third-party facility, the manager will register.

An entry about temporary performance of other work is not entered in the work book ().

The procedure for calculating wages at a temporary workplace is regulated.

If the salary exceeds the average salary for the previous position, then payment is made according to the tariffs of the current job.

If the rate is lower than the previous salary, payment is made at the rates at the previous job. However, the employee has the right not to agree to the proposed conditions (Article 219/220 of the Labor Code of the Russian Federation).

He may refuse temporary duties in the following cases:

• work dangerous to life or health. Refusal is legal until negative factors are eliminated;
• if necessary, perform extremely difficult work not specified in the employment contract.

The provisions apply even to cases of attempts to transfer an employee without prior consent on the basis of legitimate reasons (Article 72 of the Labor Code of the Russian Federation).

If management's demands do not contradict the law, refusal to obey the employer's decision is considered a violation of the employment contract and involves disciplinary measures at the discretion of the manager.

Documenting

The proper transfer of an employee to a temporary position must be carried out in accordance with the appropriate rules for maintaining the necessary documentation.

For a temporary transfer you will need:

1. Official consent of the employee to the transfer.
2. Employer's order for temporary transfer.
3. Record of temporary transfer to .

Procedure

The procedure requires a certain order of actions:

And finally, it is necessary to familiarize the employee in detail with the working aspects of the new position. If necessary, conduct orientation training.

If the work involves performing functions that pose a danger to life or health, it is recommended that the employee be recertified as a safety specialist.

Drawing up an agreement

In fact, an employee can be transferred to any position if this is not contraindicated by the employee’s health condition. The position may be higher, lower or equal to the previous job.

Remuneration is stipulated in a separate agreement, which is attached to the main contract.

Management is obliged to set the employee's wages in accordance with the general wage rates established at the enterprise ().

The main document when temporarily moving to a new place of work is a documented agreement of the parties.

It clearly reflects the position of management and employees in relation to the new working conditions, including the transfer procedure.

The agreement must include:

• new employee position;
• division of the enterprise;
• the amount and procedure for receiving wages;
• work schedule at the enterprise;

Additionally, the reason and duration of the employee’s temporary transfer are indicated.

Nuances depending on the situation

There are various cases, for example, management is quite satisfied with the current state of the situation and does not intend to return the employee to his previous job.

Whereas the employee is fundamentally dissatisfied with the management’s position, and he wants to return to his previous position.

According to the law, at the end of the official period specified in the employee, he has the right to demand a transfer to his previous position.

At the same time, he can count on the restoration of previous working conditions. Management cannot refuse an employee's legal request.

The employer must promptly enter information into the employment record.

This is possible if, at the end of the term in the new position, the employee did not apply to the manager with an official request to return him to his previous position.

Then the temporary transfer is automatically recognized as permanent with the establishment of appropriate documentation.

To another position until the main employee leaves

If an individual employee is unable to perform assigned duties for health reasons, due to a business trip or other valid reasons, the position is retained by the employee.

However, another person may do the work. When an employee replaces another person, the transfer can be extended for several years, for example, when the replaced employee leaves.

A temporary transfer is possible not only when replacing another employee, but also to temporarily occupy a vacancy until a suitable candidate is selected for it. The time for such a transfer is no more than a year.

It is also possible to temporarily reassign to replace another employee without being relieved of previous duties. A similar provision is regulated ().

When an employee performs additional duties along with his main job, unilateral termination of the agreement is possible.

The initiator of the severance of the employment relationship may be one of the parties to the contract. True, it is necessary to notify the other party about this in advance.

In case of production need

If there are compelling production factors, management may temporarily move an employee to another place of work without prior approval, even if this provision is not specified in the employment contract (Article 72 of the Labor Code of the Russian Federation).

In the absence of valid reasons, the employee does not have the right to refuse the offered vacancy.

In the event of a deliberate refusal to transfer, the head of the department will prepare a report to management with a request to impose a disciplinary sanction on the employee.

However, an employee cannot be punished if the proposed working conditions are associated with an increased risk to life and health (/).

The HR department should take a responsible approach to any employee transfers to avoid further misunderstandings and check each action for compliance with the law.

During maternity leave

Pregnant women, after undergoing a medical examination and submitting an application addressed to the head of the department, have their standards reduced or are temporarily transferred to another place of work ().

The employee's salary is charged at the same rates.

Women with newborn children, if it is impossible to fulfill their previous duties, are ordered to be transferred to work with more gentle working conditions until the child reaches one and a half years of age.

The basis for the transfer is the employee’s statement. Afterwards, the position loses its force, and the woman moves to her previous place of work with restoration to her previous position.

By agreement of the parties

Temporary transfer by agreement of the parties is regulated by Article 72.1 of the Labor Code of the Russian Federation. This describes the conditions for transferring an employee to another job by mutual agreement of the parties within a single organization.

A person can be transferred to any position, for example, to the position of a replacement employee, temporarily vacated or specially created for the duration of a specific job.

A correct agreement for a transfer requires not only review and signature of a documented order, but an official expression of the will of both parties.

Consequently, a full-fledged agreement is drawn up, where all the conditions of the temporary transfer are spelled out in detail, reflecting each point and feature of the personnel reshuffle.

The document must stipulate all key aspects, from the amount of wages to the conditions for re-registration of the procedure from temporary to permanent status.

It is on the basis of a documentary agreement of both parties that the management subsequently forms the final employee for the new position.

In case of downtime, it is carried out

Management may transfer an employee to another job during downtime of the enterprise without the prior consent of the employee for a period of 1 month.

TEMPORARY TRANSFER: SAMPLE STEP-BY-STEP PROCEDURE (GENERAL)

According to Part 1 of Art. 72.2 Labor Code of the Russian Federation:

“By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, whose position is retained in accordance with the law work - until this employee goes to work."

1. One of the parties (employee or employer) comes up with the initiative to temporarily transfer the employee to another job.

The initiative can be “oral”. And the parties to the negotiations come to an agreement on a temporary transfer.

The idea of ​​a temporary transfer may also be in writing, but this is not necessary.

1.1. If the employee himself comes up with the initiative to temporarily transfer to another job, then he can write an application for his temporary transfer to another job (position). The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

1.2. If the employer comes up with the initiative to temporarily transfer an employee to another job, then he can make a written offer to the employee for a temporary transfer to another job (position). The proposal is made in two copies. The proposal is registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. One copy of it is given to the employee. On the second copy (the copy that remains with the employer), the employee writes that he has read the proposal, received one copy of it, puts the date of receipt, and signs. If the employee agrees to the transfer, then he can put an “agreement note” on the employer’s proposal or write a statement of consent to the transfer. The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

2. Familiarization of the employee with his job description(for a new position), other local regulatory legal acts directly related to his new work activity.

The procedure for familiarizing yourself with local regulations is not defined by the code; in practice, there are various options:

Familiarization sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization and the dates of familiarization (such sheets are stitched together with the local regulatory act),

Maintaining logs of familiarization with local regulations, in which employees put signatures confirming familiarization and indicate the dates of familiarization.

A certain procedure for familiarizing yourself with local regulations can be enshrined in such an act itself. Find out your employer's procedures for familiarizing employees with local regulations before you begin introducing them to the employee.

3. Signing a written translation agreement between the employee and the employer (to the employment contract) and, if there are grounds, signing an agreement on full financial responsibility.

The agreement and contract are drawn up in two copies (one for each party), unless more copies are provided for a given employer.

4. Registration of the transfer agreement and an agreement on full financial liability in the manner established by the employer. For example, an agreement can be registered in the register of agreements for employment contracts with employees, and an agreement on full financial liability - in the journal of registration of agreements on full financial liability with employees.

5. Handing the employee his copy of the transfer agreement.

The employee’s receipt of a copy of the agreement should be confirmed by the employee’s signature on the copy of the agreement, which remains in the custody of the employer. We recommend that you put the phrase “I have received a copy of the agreement” before your signature.

If an agreement on full financial responsibility is signed with the employee, then one copy of it is also given to the employee.

6. Issuance of an order (instruction) on the transfer of an employee to another job.

7. Registration of this order (instruction) in the order established by the employer, for example, in the log of orders (instructions).

8. Familiarization of the employee with the order (instruction) against signature.

Notes

* Information about temporary transfer is not entered into the employee’s work book. Therefore, it is recommended to resolve with the employee the issue of issuing him a copy of the temporary transfer order, duly certified, so that the employee can in the future, if necessary, confirm that he performed this work.

** The issue of entering information about a temporary transfer into a personal card is controversial in practice.

*** Upon expiration of the temporary transfer period, an order may be issued to terminate the temporary transfer period.

• Book

In production activities, there is often a need to transfer employees. Permanent or temporary transfer to another job is a convenient, and sometimes the only optimal option for personnel changes.

Translation: concept and its types

A transfer is considered to be such changes in working conditions that change:

• labor functions (type of work assigned to an employee in accordance with his profession, position, qualifications);
• structural unit in one company (if such a unit was indicated when hiring in the employment contract);
• the employer and the area in which the employee worked.

Transfer in the general order is allowed only with the consent of the employee. It is possible to temporarily transfer an employee without consent under the following circumstances:

• natural or man-made disasters;
• industrial accidents;
• industrial accident;
• earthquake, fire, famine, flood, epizootic or epidemic and in other exceptional cases that jeopardize normal living conditions or the life of the population.

A temporary transfer, which does not require the employee’s consent, is possible if the above situations caused:

• downtime (that is, temporary suspension of work for reasons of a technological, economic, organizational or technical nature);
• replacing an employee who is temporarily absent;
• the need to prevent damage or destruction of property.

Transfer in all these cases can be carried out only for the purpose of preventing or eliminating the consequences of emergency circumstances. The period of transfer without the consent of the employee cannot be more than one month.

But if, under these circumstances, the employee is transferred to a job requiring lower qualifications, then his written consent will again be required.

Temporary transfer of an employee to another position

The initiative for the transfer can come from the employer or the employee. In some situations, temporary transfer is a medical necessity.

The period for which an employee can be temporarily transferred is not limited by the Labor Code. Therefore, such a period can be established by agreement of the parties. The reasons for a temporary transfer can be different: replacing an absent employee, promotion, etc.

Is a temporary transfer included in the work book?

Information about temporary transfer is not entered into the work book. Such information is recorded in the employee’s personal card. Detailed terms of the transfer are reflected in the agreement with the employee and the order.

If an entry about a temporary transfer was nevertheless made, then this is a violation of the procedure for filling out the work book. Correction of such an entry is carried out by making the correct entry.

The correction is made at the employee’s place of work where such an entry was made. In the event of a reorganization of a company whose employees made a mistake, the correction is made by its successor. And if the company is liquidated, then the current employer, but upon provision of the relevant documents.

Temporary transfer of an employee to replace an absent employee

The temporary transfer of an employee to the position of a temporarily absent employee is formalized by drawing up an agreement in writing. In this case, the date of return to work of the employee who is temporarily absent is indicated as the transfer period.

If, after the expiration of the temporary transfer period, the employee’s previous job is not provided, and he does not require it and continues to work, then the condition on the temporary nature of the transfer automatically loses force. The transfer in this case is considered permanent. Despite the fact that the Labor Code does not provide for any additional formalization, it is still recommended to draw up another agreement, which will indicate that the temporary transfer has become permanent.

Transfer of an employee from temporary work to permanent one

A change in the working conditions regarding the term is not considered a transfer. If an employment contract is concluded with an employee for a limited period, then for him such work is considered temporary. And if the contract has expired, but neither party has demanded its termination and the employee continues to work, then the condition on the temporary nature of the employment relationship loses force. In this case, the employment contract is considered concluded for an indefinite period. That is, the employee is “transferred” to permanent work.

If the parties decide to exclude the term clause in the employment contract before its expiration or “make” the temporary transfer permanent, then such changes are formalized like other changes to the employment contract - by concluding an additional agreement.

Who makes the decision on the temporary transfer of an employee?

The initiative for the transfer can come from the employee or the employer. However, the decision to transfer is made by the employer, and it is expressed in the issuance of a corresponding order.

The first question arose regarding the timing of payment of wages in connection with Federal Law No. 272-FZ dated July 3, 2016, which comes into force on October 3, 2016. The deadlines for paying wages are established by the internal labor regulations (ILR) on the 15th and 30th of each month. If we determine a new deadline for paying wages for the second half of the month (final payment) - the 13th day of the month following the reporting month, then what date should we have for paying wages for the first half of the month? 2. Is it possible to set a fixed amount for the salary amount for the first half of the month (advance)? For example, the hourly tariff rate for category 6 is 100 rubles. The size of the fixed amount for the fully worked first half of the month is determined as follows: 100 rubles * 168 hours = 16,800 rubles / 2 = 8,400 rubles.3. The employee, under an employment contract, was hired as a 6th grade mechanic with a 40-hour work week. There was a need to temporarily, during the employee’s vacation, transfer him to shift work and change the terms of remuneration, transfer him to the 5th grade. In this case, wages will be paid according to the work performed, but below the average earnings at the main place of work. Is it possible to do without an additional conclusion? agreement to the employment contract, but to issue an order with the written consent of the employee. Since such situations can be repeated often, is it possible to make an additional agreement to the employment contract and state the following: “in the case of a temporary transfer to a lower-paid job, wages should be paid according to the work performed, but below the average salary at the main place of work.” We are waiting for an answer.

Answer

Answer to the question:

According to the general rule established by Article 72.2 of the Labor Code of the Russian Federation, the temporary transfer of an employee to another job is carried out by agreement of the parties, concluded in writing.

During a temporary transfer, the terms of the employment contract change (temporarily): labor function, work schedule. Therefore, to formalize a temporary transfer, it is necessary to draw up and sign an additional agreement to the employment contract. The additional agreement should also reflect the term of the transfer.

A single order for temporary transfer in such a situation will not be enough.

An additional agreement to the employment contract will be required each time an employee is temporarily transferred to another position. Drawing up a single (universal) additional agreement in this situation is impossible, since labor legislation requires obtaining a written agreement from the employee during a temporary transfer, i.e. in each case of temporary transfer.

Details in the materials of the Personnel System:

Situation 1. How to arrange a temporary transfer of an employee to another job

Types of temporary transfers

The temporary transfer is . Among the temporary transfers we can roughly highlight:

In addition, () has its own characteristics.

Temporary transfer by written agreement

Record of temporary transfer

Do not make an entry about the temporary transfer in the work book, but do not make it (Rules, approved, instructions, approved).

If temporary work is of a special nature and is important for confirming the employee’s preferential length of service, for example, temporary work as a doctor, then such work experience can be confirmed with a certificate from the employer about the performance of the relevant work, an additional agreement to the employment contract on temporary transfer, etc.

The courts take a similar position. See, for example,.

Termination of temporary transfer

After the end of the transfer period, it is advisable to issue an order to provide the employee with the previous job, since 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, the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (). Such an order does not have a unified form, so draw it up in .

If the condition of the agreement on the temporary nature of the transfer has lost force and the transfer is considered permanent, then to document this situation it is recommended to draw up a new agreement between the employee and the employer regarding the change in the nature of the transfer and issue a corresponding document. Among other things, you will need to make records of the permanent transfer to and employee (approved).

It should be taken into account that if, upon completion, it is impossible to provide him with his previous job, then he must be ().

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

Situation 2. Temporary transfer of an employee. Three golden rules of design

Evgenia Koroleva, Deputy General Director for Legal Affairs "Alternative Solution" company

If, after the expiration of the temporary transfer, the employee continues to work at another job for at least a day, this will give him the right to demand that the transfer be recognized as permanent. Therefore, it is important to record in writing the provision of previous work. To do this, you need to issue an order.

But first things first. 99% of transfers require the employee's consent. Wording in documents about production needs, important tasks and urgent measures will not correct the situation. They play in favor of the workers. With such reasons it is quite easy to challenge a temporary transfer. Employers also make mistakes in additional agreements. It specifies the new position, salary and other changing conditions. But they intentionally or accidentally forget about the deadline for the translation. Or they indicate a completion date when this is not necessary. We are talking about replacing maternity workers. Here it is better to limit ourselves to a reference to the event - the main employee going to work. After all, if it appears earlier, the employer will be left with two employees in one position. It is not a fact that the employee will challenge the return to his previous position, but he can divert the employer’s resources to the process.

Rule 1: for a transfer due to production needs, the employee’s consent is required

Temporary transfers to another job are used for different purposes. For example, to replace a key employee who has gone on long annual, educational or parental leave. This absence can last up to 3 years. A temporary transfer is also suitable for filling a vacant position. At least until hiring a permanent specialist.

A temporary transfer is convenient as a test for an employee in a new promising position. This is usually how potential managers at different levels are tested. After all, the test is established only when hiring (). A transfer for a certain period will allow you to achieve a similar result, but with long-term employees.

The general rule is: temporary transfer is possible by agreement of the parties. It is concluded in writing (). Moreover, the employee’s consent is required for any type of transfer (permanent, temporary). Basis - art. 72.1 Labor Code of the Russian Federation.

The initiators of temporary transfers are employees and their managers. Submit your submission in the form of a statement or memo. They are not required, but will be useful in companies with well-functioning document flow. Moreover, the decision to transfer may require approval. An employee’s desire to move to another position does not always coincide with the manager’s plans.

A temporary transfer is not necessarily associated with a promotion. Demotion will also be legal. For example, if a woman wants to work according to the schedule that is used in a lower-paid position.

In this case, it is advisable to play it safe and take a statement from her. There is only one requirement for its content - the clear intention of the employee to move to another job on her own initiative. Such a statement will exclude accusations of coercion against the employer. It is drawn up in addition to the agreement, which specifies the details of the temporary transfer.

Despite the existing rule, sometimes a temporary transfer is issued without the employee’s consent. The employer issues an order because it considers the reason for such a decision to be compelling and significant. The most common reasons are production necessity and business interruption.

But by doing so, the employer actually signs for violating the law. The court will be on the employee's side. This is confirmed by the appellate rulings. The company also faces a fine from the GIT inspector ().

Moreover, you cannot fire an employee who disagrees with the transfer for absenteeism. Additional costs for its restoration by the company are guaranteed ().

Rule 2: the transfer ends with the provision of the previous job, and not with dismissal

A temporary transfer entails a change in the terms of the employment contract: position, remuneration, and possibly work hours. These nuances are recorded in the additional agreement. It also sets the validity period of the transfer. If the employee is replacing a colleague, the transfer will be completed after he returns to work.

In other cases, a specific date is indicated. A year is the maximum allowed by Art. 72.2 Labor Code of the Russian Federation. In other words, the employer can close a free rate for a month, quarter, half-year or year, for example, from 01/01/2016 to 12/31/2016. An agreement without an end date is considered by the courts to be one of the shortcomings that allows a temporary transfer to be declared illegal ().

If the manager is not confident in the newcomer, then it is better to make the transfer period as short as possible. Then you won’t have to negotiate with him to reduce this period. It will not be possible to cancel the transfer by order, as is allowed when combining professions ().

An order is issued based on the additional agreement. A form developed by the company will do. Information from it is transferred to a personal card; so the picture of the employee’s work activity will be complete. But there is no need to enter information from the order into the work book. It is intended only for permanent transfers (Rules, approved).

Some employers, when arranging a temporary transfer, expect to part with the replacement employee after the transfer ends. The fact that they initially signed an open-ended employment contract with him is being circumvented this way. In the additional agreement, in addition to other conditions, the following phrase is written: “This agreement is concluded for a certain period and is valid until the departure of the main employee, M.I. Ivanova.” After this event, the replacement employee is fired under Part 1 of Art. 77 of the Labor Code of the Russian Federation (expiration).

How to temporarily transfer an employee to another position

It would seem that the problem has been resolved, since the parties agreed to change the employment contract in terms of its validity period. In addition, the employee signed the agreement voluntarily. But this is a mistake.

Such decisions indicate one thing - the temporary nature of work should be agreed upon with employees upon hiring, and not during the work process.

Interest Ask

How is translation different from displacement?

The employee's consent is almost always required for a transfer. It is not required when moving ().

Transfer is characterized by a change in labor function. Let's assume the driver becomes warehouse manager (). When moving, the unit and cabinet change, but the functionality remains the same ().

For example, a secretary moves from the chief accountant's reception room to the director's reception room. But her duties—receiving phone calls, writing letters, greeting visitors—will remain unchanged.

A transfer affects the terms of the employment contract, but a relocation does not. Thus, an employee will not be able to challenge the replacement of a car with a different brand or carrying capacity if these criteria were not specified in the contract (appeal determinations).

Rule 3: return to the previous place must be formalized by order

Let us remind you that the period of temporary transfer is limited by the date or departure of the main employee. Moreover, he can also return after a temporary transfer. A chain of transfers is used when several workers go on maternity leave at once. Then more experienced ones are appointed to higher positions. The remaining positions are occupied by less qualified personnel.

At the end of the temporary transfer of an employee, the employer is faced with the following situations.

The employee returns to his previous duties. In most cases, returning to your original position goes without problems. It is enough for the former or current manager to talk with the employee. From the date he begins his regular duties, he begins to be reported in his old department. At the place of temporary transfer, the timesheet is interrupted by the previous day.

The employee refuses to return to his previous position. Sometimes temporary work turns out to be more attractive than standard duties. For example, by working hours, pay or location of the workplace. And then the employee can declare that the temporary transfer has become permanent. The main argument is that the employer did not provide the previous job, and he continues to work under new conditions ().

If the employee goes to court, the employer will have to prove otherwise. That is, to confirm the fact that the employee has returned to his previously held position. Timesheets, work plans and correspondence, as well as witness statements, will help with this.

Such manipulations will be nullified by an order to complete the temporary transfer. Moreover, it is advisable to publish it regardless of whether the employee is loyal or not. A unified form is suitable for the order. It includes the full name of the employee, the date of provision of the previous place of work and the position to which he is returning.

It is better to issue the order a couple of days before the end of the transfer. At worst, the day before. After all, conflicts arise even because of one day of delay. If the employee does not want to sign the order, then a refusal act is drawn up. After fixing the provision of the previous job, it will become easier for the employer to refute any claims against him (). This also applies to inspections based on complaints to the State Tax Inspectorate.

The parties agree on a permanent transfer. Not all temporary transfers cause conflicts. Employees who have proven themselves to be the best remain in their new position permanently. Formally, the parties do not need to do anything for this (). The employee continues to work in the new place. The employer does not provide him with his previous position. In other words, the transformation of a temporary transfer into a permanent one occurs by itself.

But you still have to fill out the documents. It is necessary to sign an agreement that excludes from the employment contract the term for the transfer (). An order is also issued. Firstly, it will be useful for filling out a work book. Secondly, to inform interested parties (accounting, timekeeper, etc.) about a change in the employee’s status.

What the entry in the work book should look like is not stated in the approved Instructions. You can do it like this. After the serial number, in column 2 indicate the start date of the temporary transfer. Column 3 reflects the position and division that have become permanent. Column 4 is reserved for details. It is advisable to reflect two orders in it: about the transfer and that the transfer has become permanent.

By the way

A transfer without the employee’s consent is only possible due to an accident, fire, or flood.

There are 4 emergency situations when the employer has the right to transfer an employee to another position without his consent. But three of them have significant limitations.

Natural and man-made disasters can harm a large number of citizens. Then workers participate in preventing accidents, fires, floods or eliminating their consequences. In this case, the transfer (even to a lower position) without the employee’s consent will be legal. It can last a whole month ().

There are also temporary transfers during downtime, to replace an absent colleague and prevent destruction or damage to property (). But the employee’s consent is not asked only when these events are caused by disasters. Thus, downtime due to a burnt workshop allows carpenters to move from making furniture to restoring it. But it is no longer possible to direct them to clean up the territory. Temporary transfer with a reduction in qualifications requires written consent ().

So, the list of situations for temporary transfer without the employee’s consent is very limited and is not suitable for ordinary work situations.

With respect and wishes for comfortable work, Elena Karsetskaya,

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Temporary transfer within the organization at the initiative of the employer.

The employee may betemporarily transferred with his consent for another job for a period up to one year. If the transfer is needed to replace a temporarily absent employee, whose place of work is retained in accordance with the law, - then the translation will be before this employee returns to work . (For example, in place of a person on maternity leave or on sick leave or on vacation.)

If the transfer period has ended, and you were not given the previous job, and you did not demand to return and continue to work, then the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation. Agreement of the parties is concluded in writing)

Remember! In accordance with the Labor Code of the Russian Federation, Art. 72.1 and 72.2 without yours written consent from you Dont Have the right to transfer to a lower position than you previously held (except for the cases specified in Part 2 of Article 72.2 of the Labor Code of the Russian Federation). With your consent, you can be transferred to a lower position, firstly, for a period of up to 1 month, and secondly, your payment must be no less than the average earnings for your previous job.

But! Let's look at situations in which the employer has the right transfer the employee to another job not stipulated by the employment contract, without his consent for a period of up to one month (Part 2 of Article 72.2 of the Labor Code of the Russian Federation).

These are the cases:

— a natural or man-made disaster;

— industrial accident;

- accident at work;

- fire;

- flood;

- hunger;

- earthquake;

- epidemic or epizootic;

- other exceptional cases that threaten the life or normal living conditions of the entire population or part of it.

Also, Part 3 of Article 72.2 of the Labor Code of the Russian Federation provides for a number of situations in which a temporary transfer of an employee is possible without his consent for a period of up to one month, namely:

— downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature);

— the need to prevent destruction or damage to property;

— replacing a temporarily absent employee

You can refuse the transfer. However! If you unreasonably refuse a transfer in the above situations, then this will be regarded as a disciplinary offense, and absence from work - as absenteeism (clause 19 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation "), If:

— a danger to your life and health arose due to a violation of labor protection requirements (except for cases provided for by federal laws) until such a danger is eliminated;

— the transfer is carried out to perform heavy work and work with harmful and (or) dangerous working conditions, and they are not provided for in the employment contract.

Attention! The duration of a temporary transfer of an employee to another job without his consent cannot exceed one month. But during the calendar year, such transfers can be made by the employer more than once .

The employee is paid depending on the work he performs, but not lower than the average earnings that he received at his previous place of work (Part 4 of Article 72.2 of the Labor Code of the Russian Federation for transfers that were made in the cases specified in Parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation ).

Remember! If you are transferred to a job that requires lower qualifications, for the reasons set out in Part 3 of Article 72.2 of the Labor Code of the Russian Federation, then the employer must obtain written consent from you for such a transfer in any case, for example, if in the event of an emergency the accountant is charged with duties clean up the trash, then his consent to this transfer necessary.

How in practice should a temporary transfer be processed in the HR department?.

1. Employer orally or through a Transfer Offer offerstransfer to the employee.

2. The worker gives written agreement for translation (statement of consent to translation or phrase in the Proposal: I agree with the translation - date-signature).

3. The employee is introduced to his job description or other documentation related to his new position for signature.

4. The employer draws up an Addendum (agreement) to the employment contract on the transfer. The addition (agreement) to the employment contract is drawn up in 2 copies, both signed by both the employee and the head of the organization.

5. One copy remains with the employer, the second is given in person employee. In the first copy (which remains with the employer), the employee writes the phrase: “ I received the addition (agreement) to the employment contract - date-signature").

6. The employer issues an order to transfer an employee in the form T-5 (on the transfer of an employee) or T-5a (on the transfer of employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of the concluded Addendum to the employment contract, and its content must strictly comply with the conditions specified therein. The employee gets acquainted with the Order for signature.

The order must contain the number and date of registration of the order, as well as the signature of the manager.

7. If you do not agree with the transfer and refuse to read the order against signature, the employer draws upact of refusal to familiarize yourself with the order.

8. Remember! Information about temporary transfer Not are entered in your work book, so I recommend that you take a duly certified copy of the temporary transfer order so that you can confirm in the future that you performed this work.

9. At the end of the temporary transfer period, the employer must issue an order about the end of the transfer period and the employee returning to work in his previous position. The employee reads the order for signature, the order must contain the number and date of registration of the order, as well as the signature of the manager.

How to arrange a temporary transfer that does not require consent employee.

1. The manager issues an order for temporary transfer in form No. T-5 or T-5a indicating the reason for the transfer in the line called “reason for transfer”. The order must be supported by relevant documents, for example: testimonies of eyewitnesses and emergency service employees, various documents: written statements from employees about downtime due to the fault of the employer due to equipment malfunction, acts of emergency, order of the head of the organization on measures to eliminate the consequences of the accident, etc.

otherwise you may refuse the transfer. You must read the order for signature. The order must have a number registration, date and signature of the manager.

2. You must be familiarized with the job description and safety regulations for signature.

3. You have the right to refuse a transfer if you believe that labor safety requirements have been violated at the new place of work and this threatens your life or health. In this case, you write a statement in free form, in which you provide arguments that serve as the basis for refusing the transfer.

4. Make a copy of the order with your signature.