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Sample order for holding a conference. The procedure for issuing an order to hold a conference

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

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

Permanent transfers to another job

Permanent transfers:

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

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

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

A feature of the transfer of an employee to permanent job to another employer is that the former employer must agree to this and terminate the contract at the former place of work under paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation. If no agreement is reached, the employee may be fired own will and find a job with another employer (but in this case there will be no transfer).

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

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

A feature of these two transfers is that if, at the end of the transfer period, the employee was not provided with the previous job, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent;

3. Translation in case natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics or epizootics, and in any other exceptional cases that endanger the life or normal living conditions of the entire population or part of it.

Data available force majeure an employee may be transferred without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer in order to prevent these cases or eliminate their consequences.

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

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

4. Transfers for health reasons:

a) If the worker needs in accordance with the medical opinion in temporary transfer to another job for up to four months.

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

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

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

c) Transfer of pregnant women.

Pregnant women, in accordance with a medical report and upon their application, have reduced production rates, service rates, or these women are transferred to another job that excludes the impact of adverse production factors, while maintaining their average earnings from their previous job.

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

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

General information

The transfer of an employee to another job can be temporary or permanent. Translation goals:

A means of rational distribution of labor	Within an organization or between several
parenting method	In case of transfer to a more paid position, with an increase) or punishment (in case of violations and, as a result, a reduction
Occupational safety and health facility	For example, during pregnancy, for medical reasons
Base	For termination employment contract
Guarantee of the right to work	Employment

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

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

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

the basis should be only an exceptional case when there is a threat to life;
duration cannot be more than a month;
without consent, you can only transfer to work with the same employer;
work activity must correspond to the qualification;
if the work may harm the health of the employee, then it is not allowed to transfer to such a position;
labor should be paid in accordance with the work performed. The salary cannot be lower.

If the above conditions are met, then such a transfer is considered legal, the employee does not have the right to refuse the employer.

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

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

The employer does the translation. The employee must be informed of your decision in advance.

What it is

A transfer to another job is a change in the labor functions of an employee for a certain time or on a permanent basis.

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

No matter what changes workplace or remains the same, they distinguish between transfers to another locality and to another job, but already together with the enterprise.

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

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

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

Also, the transfer can be temporary and permanent (has no time limit). Permanent types:

when the employer does not change;
transition to another job with the head. It may be another organization, locality. The employment contract does not change;
external translation.

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

Advantages and disadvantages of the procedure

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

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

Pros:

guaranteed employment;
no probationary period.

For the guarantees to be valid, the employee must apply to the new employer within a month from the day from the previous place of work.

Before agreeing to a transfer, you need to carefully consider everything, weigh all the advantages and disadvantages.

Current regulatory framework

Dedicated to transfer to another job. The Law highlights the concept of transfer, the main conditions for the procedure and its procedure.

Its form is arbitrary. In the application, indicate the reasons for the transfer, new position. Then sign it and give it to the head for consideration.

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

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

In the column "Reason for the transfer" is indicated - "On the initiative of the employee." The employee has the right to demand a photocopy of the order.

If for a lower paying job

If the translation means lower paid position, then this is possible in some cases:

as a result ;
dismissal due to incompatibility of qualifications;
downsizing;
mutual consent of the parties.

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

The manager can demote due to the misconduct of the employee. This is illegal, the leader should simply reprimand or deprive.

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

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

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

According to medical opinion

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

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

If the employee refuses to transfer, or the employer does not have a position, then he has the right to suspend the employee from work for such a period as indicated in the conclusion of the doctors. At the same time, the position is retained for him, the salary is not paid.

To a permanent place of work from a temporary

With this type of transfer, there is no need to write an order for dismissal, and then for hiring for a new job.

It is enough to follow a series of steps:

In the name of the head of the organization, the employee writes a statement	With a request to transfer him to a permanent job. It must be completed before the expiration of the temporary employment contract. Sign and date the application
The employer issues an order	In it, indicate the data of the employee, the type of transfer, the old and new workplace. Order form - T-5. the reason for the transfer is from a temporary basis to a permanent one. The order to sign and give to the employee for familiarization under his signature
Drawing up a new employment contract	In which the position, salary, duties of the employer and employee are indicated. Issue in 2 copies
Make a note on the employee card	Make an entry in the workbook. Make changes to all necessary documents
In case of termination temporary agreement the worker's tenure is terminated	Therefore, you do not need to do this, a transfer order will be enough

Formation of the application (sample)

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

In the text, you must write about your desire to transfer to another job, indicating the position. You can also specify the reason for the transfer.

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

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

The document is filled out by the employee personnel service with the written consent of the employee. If the translation is temporary, then you must specify the end date of the new work.

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

Is it possible for an employee to quit?

There are cases when an employee refuses to be transferred to another position, threatens. What to do in this case? The employer must in writing offer him another vacancy.

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

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

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

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

After the termination of the employment contract, the manager is obliged to pay severance pay, the amount of which is a two-week salary of an employee.

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

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

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

If the employee approves his transfer, then he must write an agreement addressed to the head, if this is his personal initiative, then an application with a request to be transferred to another position.

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An employee of the enterprise is subject to the rules established by the management and legislation of the Russian Federation. Sometimes an employer obliges an employee to temporarily change his job to replace another employee or perform increased workloads. Hired persons should be aware when these requirements are justified and not subject to dispute, and when the conditions offered are illegal (as in the case of reviews from vacation due to production needs).

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

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

Transfers can be justified for various reasons, for example:

Replacement of a temporarily departed employee.
By necessity.
Catastrophes of ecological and natural character.
Technogenic accidents.
Change in the type of activity of the enterprise.

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

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

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

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

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

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

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

This list includes:

The provided workplace is located structurally and geographically in the same place. Only the subdivision, department, address changes. Working conditions and pay remain unchanged. There are significant changes in official duties or payment requires the mandatory consent of the employee. This transfer is made on a temporary or permanent basis.
Does not require consent emergency situations. But such a transfer has a strict duration - one month.
To prevent damage to valuable property or to temporarily replace an employee, but with the condition that this work will not be less qualified and will last no more than a month.

Temporary transfer to another job without the consent of the employee

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

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

To transfer a hired person to another place, it is necessary:

Determine the requirements that a hired person who will temporarily or permanently replace the specified position must meet. This includes the necessary state of health, and terms, and salary.
Provide conditions under which it is impossible to transfer a person to another place.
Notify the selected candidate orally.
Issue an order.
Familiarize the candidate with the order.

An insurmountable obstacle to moving to a new place can only be officially recorded contraindications for health. Therefore, with movements permitted by law, the chosen candidate often cannot refuse the offered place.