Transfer of an employee to another position
An employee moves to a new workplace, which is a process of changes, determined by the parties, to the terms of the employment contract. For such changes, only mutual consent of the manager and employee is required. According to the law, exceptions are allowed such as transfer for a certain period of time .
Is written consent required?
A worker moves to a new position under the following conditions :
- for a certain period or permanently with one boss;
- together with the boss to another place;
- to another boss.
Video describing the three main types of employee transfer:
Based on this, a transfer is a change in the employee’s work functionality, or a move to another job with the same manager.
If an employee is transferred at the initiative of the employer, then written consent must be obtained . If the transfer does not require additional movements, then the worker does not need to write consent (Article 72.1 of the Labor Code of the Russian Federation).
Video with explanations to Art. 72.1 Labor Code of the Russian Federation:
In addition, a worker can be transferred at his request; for this he must provide a written application to the manager . A citizen can be transferred either at his request or for medical reasons, etc. If an employee is transferred to a permanent place of work, but to a different manager, then the document at the previous place ceases to be valid.
Translation with written consent is carried out as follows:
the immediate supervisor prepares a report indicating the reason for the transfer and the employee’s data.- The head of the department gives his permission.
- The employee is given a written offer to take up another position.
- The employee provides confirmation in writing and draws up a statement to the manager requesting a transfer. The application must be written, even if the employee is entitled to more favorable conditions.
Note! If the transition is made only for some time, then it is not reflected in the work book.
Video on how to correctly process an employee transfer:
When should you not translate?
If the employee does not give a positive answer , then he can be transferred to another position only in special cases (Article 74 of the Labor Code):
- to prevent an accident or eliminate the consequences of an emergency.
- To prevent downtime and accidents, as well as damage to material assets.
- Instead of an employee who did not come to work.
It is prohibited to transfer an employee to another position without his written application.
If the employee does not agree to be transferred, then this is allowed only if there is a downtime or an emergency.
Due to operational necessity, it is allowed to transfer an employee for no more than one month (Article 74 of the Labor Code of the Russian Federation). If one worker replaces another, this cannot be done more than once a year.
Important! It is prohibited to transfer an employee to work of a lower qualification if he is against it. The worker must establish an average salary if temporary work is paid lower.
Step-by-step instruction
When concluding an employment relationship, the parties sign an employment agreement (EA), which outlines the working conditions.
If an employer or employee has a desire or need to change any point in a document, then they can do this only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation (LC RF). If the initiative comes from the employer, then he must obtain written consent employee for transfer. In such a situation, the procedure will be as follows:
- Preparation of a written proposal for transfer to a new position (2 copies).
- Registration of an offer in the notification log.
- Familiarization of the employee with the proposal against signature.
- If the employee gives his consent, he draws up a written application requesting the appointment.
- Registration of the application in the journal.
- Preparation of an additional agreement for the TD (2 copies with signatures of both parties).
- Drawing up by the manager an order for transfer to another workplace.
- Familiarization with the employee's order against signature.
- Registration of a document in the enterprise order journal.
- Making an entry in the employee’s personal card.
- Filling out the appropriate column in the work book.
If an employee does not want to accept an offer to change his position from the employer, then an act of refusal to receive the offer is drawn up signed by the originator and two witnesses.
If the employee himself has expressed a desire to transfer to another workplace, then he independently writes an application addressed to the employer with a request for a transfer, in which he indicates the position and department. Further actions in both cases are no different.
Amendments to the contract
When transferring an employee to another position, it is necessary to adjust the information in the employment contract . It is permissible to make additions only with the consent of both parties (Article 72 of the Labor Code of the Russian Federation). Only the boss or employee cannot make adjustments.
Additional agreement
This important paper is drawn up if the contract information changes. The additional agreement is an indisputable continuation of the agreement. For this reason, the agreement must be drawn up in two copies : one is intended for the manager, the second for the employee. The document must contain:
- title and document number. For example, the document may be titled “On changes due to the transfer of an employee.”
- Both sides of the agreement need to be mentioned.
The main part of the document consists of a list that needs to be either removed or adjusted.- Note that all other provisions will not change.
- Number.
- Details and signatures. Instead of the employer, only the director has the right to sign.
The section on the grounds for transfer may have different wording, for example :
“Due to the temporary absence of chief engineer N.P. Solovyov, who is on vacation, A.V. Sidorov’s position is temporarily changed and he is appointed chief engineer of the company.”
Video with a detailed example of how an additional agreement is filled out when transferring an employee to another position:
Changes in working conditions
If a manager wants to transfer a subordinate to a workplace with a lower salary, then the boss must obtain written consent for this. It is possible to transfer an employee to another position in which he will receive a lower salary under certain conditions :
- according to medical recommendations.
- Based on the results of the certification and the conclusions made by the commission.
- If an employee does not pass the certification, then instead of dismissal he may be offered to transfer from the most responsible position.
The order must include the following information:
- Full name of the employee;
- position after the transfer;
- the number of transfers to another position, as well as earnings and working conditions;
- basis for the employee's transfer.
The wording of the order could be:
“Cook Ivanov L.B. will be transferred to the position of dispatcher due to health problems from April 6, 2021. Ivanov L.B. is entitled to a monthly salary of 17,000 rubles"
To place an order, you can choose one of two filling forms :
- You can fill out the usual T-5 form.
- It is possible to fill out an individual form that is used by a specific organization.
It is necessary that the document contains the signatures of the manager, as well as the transferred employee.
How to formalize a change in the terms of a TD and draw up an additional agreement?
As a rule, at an enterprise, the responsible employee of the HR department is responsible for drawing up an additional agreement to the TD. The document is drawn up according to a template available in the organization, but the form can be any, since it is not established at the legislative level. The main condition is the availability of all the necessary information.
The following information must be included in the supplement to the TD:
- name of the document and its number;
- number and date of conclusion of the TD to which the document on transfer to another position will relate;
- place and date of conclusion of the agreement;
- name of the enterprise where the employee works;
- Full name and position of the manager;
- Full name, position and passport details of the employee.
The text of the agreement indicates the points that are subject to change. In addition, it is imperative to mention which part of the employment contract remains unchanged. The agreement must indicate the date on which the document comes into force, and also indicate the fact of voluntary consent of the parties.
The wording of the text of the agreement may be different; the legislation does not establish clear requirements. For example, if the transfer occurs at the initiative of the employee, the text may be as follows: “The employee, at his own request, is transferred to the position of senior engineer from April 14, 2018. The employee’s salary is set at 40,000 (forty thousand) rubles.”
The additional agreement must be drawn up in two copies. After signing, one copy is given to the employee, and the second remains with the employer. The agreement is endorsed by both the employee and the employer.
We suggest you familiarize yourself with: Notice of reluctance to enter into an agreement for the next year of the agreement sample
Drawing up an order to transfer an employee to another position is the final stage of the personnel procedure. There are special forms of such an order - No. T-5 and T-5a, but their use is not mandatory. The employer can develop his own order form.
The transfer order will have the following wording:
- the document test begins with the word “Translate”;
- further indicates the full name and current position of the employee, as well as the new location and department for appointment;
- date of commencement of duties at the new workplace, term, working conditions and wages;
- reason for transfer.
The order is issued at the enterprise in one copy. As a rule, it is compiled by an employee of the personnel department. The document is signed by the head of the enterprise. After reading the document, the employee also puts his signature on it.
An additional agreement to the main employment contract is a document containing a number of updates, clarifications, and recommendations for the implementation of provisions previously approved in the contract. Along with the main document, the additional agreement also regulates the labor relations between the employee and the employer, focusing on all key amendments to the contract.
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Dmitry Ivanov
Legal Support Center
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According to labor legislation, changes to the employment contract and their implementation in an additional agreement can be implemented at the initiative of one of the parties upon reaching mutual agreement on this issue. In the context of changing the terms of the contract, the Labor Code of the Russian Federation (Article 72.1) considers the transfer of an employee to another position within the same organization.
According to labor legislation, both the employee and the employer can initiate a transfer to a vacant position within one organization. In the first case, the main documentary basis of the procedure is the application of the employee himself, in the second - a letter of notification of transfer, which is sent to the employee by management.
It is important to understand that an additional agreement is always concluded if we are talking about changing the conditions of employment, and if the fact of transfer to another position is the main emphasis in the content of the agreement, the parties must detail all the updated conditions of the labor relationship.
After signing this paper, the agreement becomes the most important part of the main employment contract.
A change in position is a transfer to another position, which entails a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works, while the company in which the employee works does not change (Article 72.1 of the Labor Code of the Russian Federation) .
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There are three types of translations:
- permanent or temporary change in the employee’s functionality (job by position, profession or specialty, or specific assigned work);
- change in the structural unit (if it was specified in the employee’s employment contract, for example, transfer to a branch or another department);
- transfer together with the company to work in another area (to another locality).
The initiative to amend the employment contract in terms of changing the position can be taken either by the company or by the employee himself - orally or in writing. As a rule, statements are written in writing - indicating the change being made, the reasons (justification), the nature of the change and the expected time frame.
After negotiations and agreement on the terms to be introduced, an additional agreement to the employment contract is prepared. If the employer did not agree on the condition and the employee submitted a written application, it is recommended that the response also be recorded in writing. This may be a resolution on the application or a separate letter of response. The period for making changes to the contract is not limited - this is possible throughout the entire term of the employment contract.
When an additional agreement to an employment contract is concluded, it becomes an integral part of the employment contract that it amended. Changing the terms of this document will be possible in the same manner - by signing a new additional agreement.
The fact of a change in the employee’s position is recorded by the corresponding transfer order. You can use the unified form No. T-5 (approved by the Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004) or develop your own form that will be valid within the organization.
In addition, you will also need to make the necessary changes to the employee’s work book (based on the issued order) and his personal card. It is necessary to familiarize the employee himself with the transfer record against signature in his personal card.
