19.06.2019
0
5740
5 minutes.
The work book reflects all data on the employee’s production activities. The employer indicates the main points related to work for the further receipt of pension accruals and the availability of information about work experience. The entry in the employment record of the transfer is carried out in accordance with the rules established by law. Any adjustments and changes during the period of employment must be justified by legal regulations. An entry in the work book about a transfer to another position is made within 7 days.
Deciphering the concept of “translation”
The situation of official transfer of employees within one organization or from one institution to another is not uncommon. According to Article 71 of the Labor Code, the following conditions are considered a transfer:
- promotion or demotion;
- change of division, work in branches;
- change of city or country where further activities will take place;
- change of employer if the current employer requests it.
The indicated changes are translations and are therefore properly recorded. The entry of a transfer in the work book is governed by the following provisions:
- Rules approved by the Government Regulations of Russia No. 225;
- Instructions approved by Resolution of the Ministry of Social Development No. 69.
An entry is invalid if the general director made errors in its preparation.
Nuances of filling out a work book
An entry in the labor record in the order of transfer is recorded in the document of the employed person by an employee of the personnel department or the manager. At the initial stage, before making an entry, you need to make sure that the issued order is available. Next, the employee’s personal file is opened and the employment document is retrieved. The next step is to start making notes about the transfer.
The issued order is the basis for making changes to the labor law. The order that the employee will be transferred is issued in advance (2-3 days in advance). The document gains legal force after the manager signs and seals it. Each employee must freely familiarize himself with the order.
The procedure for changing information in the work book itself has nuances. The employee does not have to be present at the moment when the transfer to another position is entered into the employment record.
Regulatory documents
As you know, the transfer of an employee refers to the sphere of labor relations that occur between the employee and the employer. That is why, from the general body of legislation, only those regulatory legal acts that relate to the protection of labor and the subjects of these relations regulate all aspects of this interaction.
The most important legislative act, which summarizes the provisions on labor in other sources, is the labor code itself.
It is quite logical that in his articles there is a mention of what a transfer from one place of work to another is and some of the nuances associated with this action. More detailed information on this information in the Labor Code can be found in Article 70.1.
The most important document for a HR employee is the instructions for maintaining work records. This document was approved by the Ministry of Labor itself and has considerable weight. It is the paragraphs of this instruction that contain fundamental information about how an entry in a work book should look.
Provides additional information on the issue under study and instructions on storing and maintaining work books. It can be found on the Internet, as it is freely available. This instruction also explains in detail how to record a transfer, both from position to position and from one location to another.
Entry in the work record during transfer: general rules
If it is necessary to transfer an employee to another organization or position, the procedure will have the following stages:
- The employee is shown the new conditions and told about his job responsibilities, after which he agrees.
- The employee writes a statement indicating a request for a transfer to a new employer or place.
- An order is issued within three days.
- A new collective agreement is signed, changes are made to the work book and other documentation.
It is important to know! Not all cases require the employee to write a statement. If nothing depends on the employed person, his consent in the form of a statement will not be needed. Example: an enterprise is dissolved and transferred to the ownership of a new director. There is also no need to apply for a demotion if the workforce is being reduced.
The employee reads the order and signs it. If he is satisfied with the conditions, an agreement is signed. If the employee does not agree, he is laid off in accordance with established labor legislation using the appropriate wording.
Special cases
A person can be transferred to a position with a record in the employment record for a permanent or temporary special case. Temporary changes in employment are carried out by agreement between the employee and the employer, which is confirmed in writing. The main reason that such a procedure is carried out is to replace an employee who is temporarily absent. The duration of such a transfer can be up to 12 months or until the return of the departed person. The corresponding entries in the labor document for transfer to a position are present with the condition of permanence in the new job, as stated in the Labor Code in Article 66.
Permanent transfer has the following types:
- Internal – with registration within the same enterprise and management.
- External, involving termination of the employment contract and change of manager.
Depending on how the scope of activity changes, the nature of the record is determined.
Temporary transfer
When transferring personnel, an entry in the work book is possible when replacing an ill or resigned employee. Even a temporary transfer with a guarantee of return to the original position is considered internal. In the process of filling out a work book, you should take into account all the rules prescribed by regulations. The employment document contains a column with information about the work, where the word “temporarily” must be added. The following text is expected for a temporary transfer with an entry in the work book: “transferred to a position...temporarily.”
Internal and external
If a person is transferred to another position, this indicates an increase or decrease in the career ladder. This type of change in activity also refers to internal due to the fact that the employee is moved to positions within the enterprise.
It is important to know! When changing a new position, the work book does not mention the name of the organization. This information will already be indicated in the line above. The emphasis is on the name of the employee’s new position. If there is an error in indicating the position, you should cross out the incorrect information and write the correct information below.
If a person is transferred outside the organization to a division or branch, this type of change of activity will be external. The nature of the information in the work book also changes. If the institution has a different name, it is registered in a separate third column. If the employee remained in the same position, but only the geography changed, the following information will be clarified: “Transferred to a division...to a position...”. In any case, the position is registered.
Dismissal due to transfer
The rules for making entries about a change of place of work or position will be regulated by 6.1 of the Instructions, which characterize the concept of transfer.
This process must be accompanied by entries in the column of the third section with working information. You should also clarify in the record on what basis the transfer took place: by agreement of the parties or at the request. Example: if a reduction in transfer occurs by agreement of the parties, it is written as follows: “termination of the employment contract occurred in connection with the transfer of the employee, by his consent, to a workplace with another employer.” This rule is regulated by paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation.
Transfer to permanent employment
If a person is transferred from a temporary workplace to a permanent one, a corresponding entry in the employment document is also made. This is explained by the fact that employees are acquiring a new permanent position, which must be documented. This is a type of internal transfer that affects the person’s working period. Entries will be made in the same way as an order issued in an institution. The entry must contain the title of the position, but without mentioning “temporary” or “transfer.” In writing, it looks like this: “Accepted for the position ... on a permanent basis.”
Translation of a part-time worker
If changes occur in the form of a shift from a part-time position to a permanent position, a corresponding order is issued and entries are made in the work book form. There is one line between the new and previous entries, and then an entry is made about the usual hiring to a new workplace.
Attention! The law does not establish an obligation in this case to register new information, since the person is already employed. But references to the fact that a transition to a permanent position has been made are necessary for the employee upon further transfer to another employer.
Types of translations and differences between them
Before talking about the types, we note that any transfer is possible only with the consent of the employee. It can be done at the request of the employee, but with the consent of the employer.
Exceptions can only be made in cases provided for by law. These are force majeure circumstances associated with natural disasters, as well as posing a threat to people’s lives and the possibility of downtime. In such circumstances, the employee's consent is not required. You can transfer without consent for a period of one month.
Temporary transfer. This is done with the consent of the employee within the enterprise where he works. This is possible to replace the main employee during a long vacation, maternity leave or the need for long-term treatment.
An offer may also be made to the employee for the purpose of providing him with a probationary period, with the intention of his further transfer to a new position.
No entry is made in the work book about temporary transfer.
In accordance with Art. 66 of the Labor Code of the Russian Federation the following data is entered:
- Hiring, position;
- Transfer to a permanent place of work;
- dismissal;
- incentives;
- training;
- service in the army, Ministry of Emergency Situations, Ministry of Internal Affairs.
Interior. Carried out within one enterprise. It is usually done for the purpose of promoting an employee or increasing wages associated with changes in working conditions.
Can be done in the area of work where a person directly works. But this may be another structural unit (workshop, site, department) belonging to the same organization without a change of employer.
At the same time, another entry is made in the work book, without indicating the organization.
Job details
date
External. Transfer of an employee to another organization with a change of employer. In this case, the agreement of both managers and the employee who moves from one organization to another is necessary.
This is important to know: Filling out a work book for someone hired for the first time: sample 2021
A record of dismissal is made in the work book in connection with a transfer to another place of work with the consent of the employee and the approval of the managers.
The receiving organization makes a record of hiring a transfer with the consent of the employee and managers.
Job details
date
Job details | |||||
№ | date | Information about admission and dismissal | Date and order number | ||
Number | Months | Year | |||
Khasyn geological exploration party | |||||
(Far North) | |||||
1. | 26 | 10 | 2016 | Accepted by senior geologist of the office | Ave. 15k. from 10.25.2016 |
drilling site department for transfer from | |||||
Susuman Geological Exploration Expedition |
Sample entries
Drawing up the main document of an employee requires serious consideration. When making entries in the labor record, the following basic rules must be observed:
- Any entries in the employment document can be made if there is a valid and signed order. Any action may be considered false without an order.
- Entries are made in Russian, in block letters or legibly by hand. Corrections and blots mean an error.
- The wording with dates is fully consistent with the text of the order document.
- If an employee lives in another republic, it is allowed to write information in several languages at the same time. But Russian is required.
- To prevent mistakes and inaccuracies, examples of making such entries with further use of the finished sample are first considered. The employee does not have the right to independently make changes to the work book.
The entry is made as follows:
- The last entry is found and the line is indented.
- The change number following the previous one is entered.
- The exact date of execution of the transfer is indicated. Changes should not be carried out even for a day.
- An indication of the position to which the person was transferred is given. The reason for changing jobs is not required. The repeated name of the enterprise is not affixed.
- The order number is recorded and the entry is signed by the manager.
Attention! Some employers mistakenly do not record a temporary transfer. But problems may begin when the second employee returns from vacation or sick leave. And also in the process of calculating length of service, all records of the labor document are taken into account.
Basic rules for recording an employee's transfer
Before talking about the main nuances of transferring to another job, and most importantly about how to make the appropriate entry in the work book, you need to become familiar with the very concept of “transfer”.
You can find an explanation of this term in many textbooks on labor law, but it is better to refer to the original source. Thus, the labor code of our country sets out in detail information regarding what constitutes a translation. This definition is reflected in more detail in Article 72.1.
Labor Code of the Russian Federation, Chapter 12, Article 72. Changes in the terms of the employment contract determined by the parties
Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
Transfer, according to general rules, is a permanent and, in some cases, temporary change in the employee’s immediate labor function, or rather the conditions in which it can be carried out.
A transfer can be a variety of actions, ranging from the transfer of an employee from position to position within an organization and ending with the transfer of an employee to another geographical area. Also, do not forget that the student can be awarded, about which a corresponding entry about the award is made in the work book.
The main rule for translation is legislative support . The transfer should be carried out only in accordance with the presence of a similar article in the labor code that would permit such an action.
Also, in order for an entry in the work book to meet the basic canons of filling out such documents, personnel officers must follow a number of very important rules.
the personnel officer must carefully read the text of the document
. The first of these is the knowledge that all information that is included in the work book must be formalized in the form of a local regulatory act, in other words, an order. In the absence of an order for relocation or transfer, the personnel officer simply does not have the right to enter data into the work book. . It is on the basis of what is written in the order that a compiled and condensed entry will be made in the labor report.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
As a general rule, the dates included in the document must correspond to Arabic numerals. Filling out a work book with Roman numerals is prohibited.
This is important to know: Journal of labor records: sample 2021
Explanation in any language other than Russian is also prohibited. It is not so easy to cancel an entry in a work book, and an incorrect example of an entry in a work book about military service is canceled in court. Be careful.
Handwriting should be as neat , neat and understandable as possible.
Abbreviating words in an entry in a work record is simply unacceptable, and although many HR employees allow themselves such liberties, this is a gross violation of the instructions for maintaining and storing work records.
If a citizen working on the territory of Russia is a citizen of another republic that is part of the Federation, then it is allowed to keep entries in the work book in two languages.