Permanent transfers include the following. The concept, types and reasons for transfers to other jobs of company employees

Classification of transfers to another job . Depending on the period, permanent transfers and temporary ones are distinguished. With a permanent transfer, the terms of the contract change completely, i.e. other work is provided for an indefinite period. A temporary transfer keeps the employee in his permanent job.

A transfer to another job is called permanent because the employee does not retain his previous job, but, therefore, he performs another job permanently.

Based on the meaning of Article 72.1 of the Labor Code, all permanent transfers can be classified by change of place of work:

1) transfer to another job with the same employer;

2) transfer to work in another area together with the employer;

3) transfer of an employee at his written request or with his written consent to work with another employer.

Based on the analysis of labor legislation, we can conclude that the transfer of an employee to another permanent job with the same one is also carried out when the following circumstances arise:

1) if, in accordance with a medical report, the employee needs permanent transfer to another job (Part 3 of Article 73 of the Labor Code);

2) in the event of a change in the terms of the employment contract determined by the parties for reasons related to changes in organizational or technological working conditions, if you do not agree to work under the new conditions (Part 3 of Article 74 of the Labor Code);

3) when reducing the number or staff of employees of an organization, individual entrepreneur (Part 3 of Article 81 of the Labor Code);

4) if the employee is not suitable for the position held or the work performed due to insufficient qualifications confirmed by the results (Part 3 of Article 81 of the Labor Code);

5) upon reinstatement of an employee who previously performed this work, by decision of the state labor inspectorate or court (Part 2 of Article 83 of the Labor Code);

6) in case of disqualification or other administrative punishment that precludes the employee from fulfilling his duties under (Part 2 of Article 83 of the Labor Code);

7) in case of expiration, suspension of validity for a period of up to two months or more than two months, or deprivation of an employee of a special right (license, right to drive a vehicle, right to carry a weapon, other special right) in accordance with federal laws and other regulations legal acts of the Russian Federation, if this entails the impossibility of the employee fulfilling his duties under the employment contract (Article 76, Part 2 of Article 83 of the Labor Code);

8) upon termination of access to state secrets, if the work performed requires such access (Part 2 of Article 83 of the Labor Code);

9) upon termination of an employment contract due to a violation of the rules for concluding an employment contract established by the Labor Code or other federal law (Part 2 of Article 84 of the Labor Code).

By agreement of the parties, concluded in writing, the employee may be transferred to another job with the same employer for a period of up to one year, and in the case when such a transfer is carried out to replace a temporarily absent employee, whose place of work is retained in accordance with the law - before the employee returns to work. 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.

In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to unconditional work with the same employer to prevent these cases or eliminate their consequences.

Transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also permitted in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or temporary replacement an absent employee, if downtime or the need to prevent destruction or damage to property or to replace a temporarily absent employee is caused by emergency circumstances specified in part two of Article 72.2 of the Labor Code of the Russian Federation. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.

When transfers are made in cases provided for in parts two and three of Article 72.2 of the Labor Code of the Russian Federation, the employee is paid according to the work performed, but not lower than the average earnings for the previous job.

Concept and types of changes to an employment contract

The Labor Code of the Russian Federation introduced a new term “change of employment contract”.

A change in an employment contract can be understood as, firstly, the conclusion of a new employment contract, secondly, a modification of the previous employment contract, which was for the employee and the employer the basis for the emergence of an existing labor relationship between them, and, thirdly, a new one, different from the previous one. of an employment contract, an agreement which is called a transfer and is the basis for the emergence of a new employment relationship.

It is prohibited to require an employee to perform work not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation). An employment contract guarantees the employee to perform exactly the work that was stipulated by the agreement between the employee and the employer when it was concluded.

The contractual nature of establishing the labor function and the essential terms of the employment contract gives them stability and predetermines the possibility of changing them only by agreement of the parties. What the parties to the employment contract have agreed upon cannot be changed unilaterally.

When concluding an employment contract, the parties reach an agreement on determining the employee’s labor function, which accordingly obliges the employer to use the employee according to his specialty, qualifications or position. Providing the employee with work stipulated by the employment contract is one of the main responsibilities of the employer. At the same time, the basic right of the employee is to provide him with work stipulated by the employment contract.

According to the requirements of the Labor Code, the terms of an employment contract can be changed only by agreement of the parties and in writing. These requirements and the prohibition established in Art. 60 of the Labor Code, correspond to the rules for changing the employment contract, in particular the transfer of an employee to another job, which are possible solely on the basis and in the manner prescribed by the Labor Code or other federal law.

Types of changes to the employment contract

Transfer to another job.

Moving

Suspension from work

Changing the terms of the employment contract for reasons related to changes in organizational or technological working conditions

Transfer to another job- permanent or temporary change in the labor function of the 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 work in another area together with the employer, or transfer to another employer.

This definition is given on the basis of Parts 1 and 2 of Art. 72.1 Labor Code of the Russian Federation.

The essence of the translation- change of labor function (i.e. work in a specialty, qualification or position) or change of place of work, incl. moving to another employer.

Translation meaning:

A means of redistributing labor within an organization and between organizations for the purpose of its expedient use;

Grounds for termination of the employment contract;

Guarantee of the right to work (this is manifested in employment through the transfer of persons subject to dismissal on innocent grounds);

Labor protection equipment (when transfer is required for health reasons);

Method of education through encouragement (when employees are transferred to a higher position). It cannot be a means of punishment, because list of disciplinary sanctions enshrined in Art. 192 of the Labor Code of the Russian Federation does not contain a temporary transfer to a lower-paid job as a means of maintaining labor discipline.

Classification of translations:

1) Depending on the period:

permanent and temporary

2) Depending on the initiator:

2.1. at the initiative of the employer

2.2. at the initiative of the employee

3) Depending on whether the employee’s consent is mandatory:

3.1. with the obligatory consent of the employee

3.2. without the employee's consent

4.1. change in the employee’s labor function

4.2. change of place of work

5) At the place where other work is performed:

5.1. change of employer with termination of employment relationship with the previous employer

5.2. change of place of work, while maintaining employment relations with the same employer:

a) change of structural unit, if the structural unit was specified in the employment contract. Structural divisions of the organization - branches, representative offices, departments, workshops, sections, etc.

b) moving to another area with the employer.

6) By goals:

6.1. translation to better combine learning with work,

6.2. translation for health promotion,

6.3. translation for the purposeful use of labor, etc.

7) From the point of view of compliance with the law:

Legal and illegal.

The above classification is conditional and open.

With a permanent transfer, the terms of the contract change completely, i.e. other work is provided for an indefinite period. A temporary transfer keeps the employee in his permanent job.

Permanent translation always requires the written consent of the employee. However, the employee may actually begin new work assigned by the employer without written consent. The resolution of the Plenum of the Armed Forces of the Russian Federation of December 22, 1992 provided: if the transfer was made without obtaining the written consent of the employee, but he voluntarily began performing other work, then such a transfer can also be considered legal. However, the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2, “On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation,” adopted in place of the above, does not contain such a provision.

A transfer to another permanent job in the same organization is formalized by order of the employer. The basis for issuing the order is the amendments to the employment contract signed by the parties.

When an employee moves with his employer to another location, the employee's written consent to the transfer is required. A new employment contract is not required. It is enough to make appropriate changes to the employment contract. An entry is made in the work book about the transfer to work in another locality in connection with the relocation of the employer and the issuance of a corresponding order.

Permanent transfer can also be carried out for medical reasons. If an employee needs a permanent transfer, then if he refuses the transfer or the employer does not have the appropriate work, the employment contract is terminated.

When an employee is transferred on his initiative to work for another employer, the party to the employment contract changes, therefore the employment contract is terminated and a new contract is concluded with another employer. In this case, in addition to the consent of the employee himself, the consent of the previous and new employers is required. The order and work book must indicate the transfer. An employee invited in writing by way of transfer from another employer cannot be denied an employment contract within a month from the date of dismissal from his previous place of work.

Temporary transfers can be divided into 2 types: those requiring the employee’s consent and those not requiring such consent.

With the employee's consent:

Transfer to another job with the same employer for a period of up to one year, and when replacing a temporarily absent employee whose job is retained - until this employee returns to work. 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.

In cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or the replacement of a temporarily absent employee, if the relevant cases are caused by emergency circumstances and the transfer is carried out to a job requiring lower qualifications.

For medical reasons. If an employee needs a temporary transfer to another job for medical reasons for a period of more than four months, then if he refuses the transfer or the employer does not have the appropriate job, the employment contract will be terminated.

Without the employee's consent:

To prevent a natural or man-made disaster, industrial accident, industrial accident, fire, flood and in any exceptional cases, as well as to eliminate their consequences for a period of up to one month,

In cases of downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or replacing a temporarily absent employee, if the relevant cases are caused by emergency circumstances and the transfer is carried out to a job that does not require lower qualifications .

The employee is obliged to submit to the employer’s demands for a temporary transfer to another job in case of production necessity, unless his consent is required. An employee’s refusal to perform this work is considered a violation of labor discipline, and absence from work is considered absenteeism.

An employment contract with the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, is terminated if the transfer is refused or the employer does not have the corresponding job.

If the employee refuses to transfer in accordance with a medical report or is absent from the organization of the relevant work, the employment contract is also terminated (clause 8 of Article 77 of the Labor Code of the Russian Federation).

A translation is considered illegal if it is made without sufficient grounds or in violation of the procedure established by law. If a transfer to another job is recognized as illegal, the employee is subject to reinstatement at his previous job by the body considering the individual labor dispute. At the same time, a decision is made to pay the employee the average salary for the entire period of forced absence or the difference in earnings for the entire period of performing lower-paid work.

Transfer to another job is sometimes a forced measure of the employer when solving problems of replacing a temporarily absent employee, the employee’s medical conditions, downtime at work, or the employer moving to another place with the employees.

Sometimes a transfer to another job is possible at the initiative of the employer, sometimes only with the consent of the employee. But employees do not always realize this. In order not to be deceived, let's look at what a transfer is, what its types are and their consequences for the employee.

Transfer to another job

Transfer is understood as a change in the labor function of the employee himself, a structural unit, transfer to another employer, or transfer of an employee to another location together with the employer. The general principle of translation fits into the following table.

So, the transfer can be carried out at the initiative of the employee or the employer. The latter can carry out the transfer both with the employee’s consent and without it in some cases. The translation itself is divided into internal and external.

External is the transfer of an employee to a permanent job with a completely different employer. To implement it, a written request from the employee or his written consent is required. In case of external transfer to another employer, the employment contract with the previous employer is terminated.

Internal is a transfer to another job, but with the same employer in the following cases:

— change of labor function: work in a different position, specialty, profession that does not correspond to the employment contract;

— change in the employee’s structural unit, if it is specified in the contract (workshop, department, site, branch, representative office);

- transfer to another area together with the employer (outside the border of the previous locality).

Conditions change during internal transfer employment contract, which means an additional agreement must be concluded to the employment contract, confirming the agreement of the parties to make changes to the working conditions. New probation it is not installed.

Without the consent of the employee, it is possible to transfer him to another job at the initiative of the employer for a period of no more than 1 month in the following cases:

— natural or man-made disaster;

— industrial accident;

- floods, fires, earthquakes, famines, epidemics;

- if the life and normal living conditions of the population are threatened;

— downtime (temporary suspension of work);

— the need arises to prevent destruction or damage to property;

— replacing a temporarily absent employee.

The last three cases must be caused by specified emergency circumstances. And if an employee is transferred to a job of lower qualifications, then it is necessary to obtain his consent. The salary should not be lower than before.

The employee does not have the right to refuse the transfer in these situations. Refusal will result in disciplinary action, and failure to report to a new place of work will be regarded as absenteeism. But if there is a danger to his life and health due to violation of labor protection requirements, he has the right not to work until this danger is eliminated, or to refuse heavy, dangerous work and work in hazardous conditions not provided for in his employment contract. Disciplinary action is not applied in these cases.

Such transfers are formalized by an order indicating the basis and term of the transfer, the nature of the work and the amount of payment.

In all other cases, the employee’s written consent to the transfer is required. Which can be permanent or temporary for a period of up to 1 year or until the replacement employee leaves. If at the end of the term the employee still continues to work, then the transfer becomes permanent.

Permanent transfer can be made:

— when an employee is promoted or demoted after certification results;

- when the employer moves to another area, etc.

But if the employee was transferred to another permanent job, to a job contraindicated for health reasons, or to a structural unit not provided for in the employment contract, without his written consent, the court will declare this transfer illegal.

- an employee who needs another job in accordance with a medical report, to another available job that is not contraindicated for the employee for health reasons and only with his personal consent. If the employer does not have another job or the employee does not agree with the transfer, then the employment contract is terminated.

But the parties can come to another agreement so as not to infringe on the employee’s rights. For example, keeping an employee’s job without paying a salary for a time until the employer has a new vacancy. The same option is possible if the medical report provides for a transfer of up to 4 months, but there is no suitable job or the employee refuses it.

Managers, in such cases, may be suspended from work for any period agreed with the employer;

— pregnant woman at her request, based on a medical report and with payment of her average earnings. If the employer does not have a suitable job, they have no right to fire her. In such cases, women are simply released from work, but do not stop receiving the “average” salary;

- a woman who has a child under 1.5 years of age, at her request, with payment not lower than the average earnings for her previous job and until the child reaches 1.5 years of age.

When transferring an employee to another job, the employer must issue an order on the basis of a bilaterally signed additional agreement to the employment contract. If the transfer is permanent, then a record of this is made in the work book.

Not to be confused with moving. When moving, the employee is assigned to work at another workplace without his consent, which is not contraindicated for him due to health reasons, for example:

— moving to another workplace;

- moving to another structural unit, but in the same area;

- assignment of work on another mechanism or unit without changing the terms of the employment contract.

Well, it’s somehow so dry, but capacious and without excess water. In fact, if the employer has a competent personnel officer, then all these subtleties are of no use to you. But, as a rule, personnel officers use their knowledge for the benefit of the employer and to the detriment of illiterate employees. Knowing your rights, you will be on horseback in any situation.

Good luck, your lawyer.

The material is based on the norms of Art. Art. 57, 72-73, 182, 219, 220, 254 of the Labor Code of the Russian Federation and from personal experience.

Russian labor legislation defines the transfer of an employee to another job as a change in his job responsibilities or the department where he works. Such changes may be permanent or temporary. The employee himself can remain working with his previous employer or move to another. The transfer can be initiated by both the employee and his employer.

Types of employee transfers to another job

Transfers of employees to another place of work can be permanent or temporary. They differ in such indicators as:

validity period;
documentation;
the final result of this process.

Permanent transfer of an employee to another job

There are several options for permanently transferring employees to another job:

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

Such a transfer requires the written consent of the employee. This could be an agreement, a statement, etc. Even if the procedure is carried out within the organization, it is recommended to conclude a new employment contract.

2 months before the employee is transferred to another location, the employer must notify him of this in writing. If an employee refuses to transfer, then the management of the enterprise has the right to dismiss him under Article 77, paragraph 9, part 1 of the Labor Code of the Russian Federation with payment of severance pay.

In order to transfer to another employer, it is necessary to obtain the consent of the previous management. 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 at one's own request is permitted.

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 period is set by the parties to the employment contract. Management or the employee himself can initiate the procedure.

Temporary transfers are of the following types:

By agreement of the parties (up to 1 year);
At the initiative of the employee (up to 12 months);
In place of an employee who is temporarily absent (until his release). If the transfer period under the two previous points has expired, and the employee remains at work, then the transfer becomes permanent;
Caused by force majeure:

accident;
fires;
all kinds of disasters;
accident at work;
epidemic, etc.

As for clause 3, it allows for 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 lower qualifications on the initiative of the manager or due to production needs, then in this case the consent of the employee is required.

Transfer of an employee to another job due to health reasons

Such translations are individual in nature. The employee is given a new job after presenting a medical report. If an employee refuses to transfer, he will be temporarily suspended from work. In this case, the workplace is retained by the employee without payment of monetary compensation.

Transfer to another job is a change in the employee’s labor function (change in place of work, position, qualifications, etc.). It is carried out both on the initiative of the employee and on the initiative of the owner (but necessarily with the consent of the employee).

The legislation distinguishes between transfer to another permanent job and temporary transfer.

Permanent transfers to another job include:

1) transfer within the same enterprise, institution or organization, with the same owner to perform work in a different specialty, qualification, in a different position;

2) transfer to work at another enterprise, another institution or another organization, to another owner;

3) transfer with an enterprise, institution, organization to work in another area.

Labor legislation also provides for the possibility of temporary transfers of an employee to another job. The main difference between them and permanent transfers is that the transfer period is agreed upon with the employee in advance. After the period for which the employee was transferred expires, he must be reinstated in his previous job.

However, the law establishes that in certain cases an employer can temporarily transfer an employee to another job without his consent. However, such a transfer will be considered legal if the appropriate conditions are met. Such a transfer is permitted only to prevent or eliminate the consequences of natural disasters, epidemics, industrial accidents, as well as other circumstances that pose or may threaten the lives or normal living conditions of people, with payment for work performed, but not lower than the average salary on previous work (Article 33 of the Labor Code).

Temporary transfers to another job include:

1) transfer to another job within that enterprise, institution, organization to prevent, eliminate or eliminate the consequences of a natural disaster, industrial accident, epidemic (for a period of up to one month);

2) transfer to another job in case of downtime (for up to one month);

Downtime is a suspension of work caused by the lack of organizational or technical conditions necessary to perform the work, force majeure or other circumstances (Article 34 of the Labor Code);

3) transfer to light work due to the employee’s health condition.

Moving to another work place within the same enterprise, institution, or organization is not considered a transfer to another job, since in this case the employee’s labor function remains unchanged.