Is it possible to transfer at the initiative of an employee to another position?

When it's possible?

In the Labor Code, transfers are regulated by Articles 72.1 and 72.2. According to them, a transfer at the initiative of the employee can be carried out in the following situations:

• His state of health does not allow him to perform his labor function in full.
• Employees who are pregnant or breastfeeding have the right to request a transfer if their working conditions involve physical exertion or hazardous (harmful) substances to health.
• In case of replacing an absent employee .
• Other grounds (for example, related to changes in these divisions of the employer).

An employee can request both a transfer within his structural unit and a transfer to other divisions of the company located outside the area where he currently works.

In this case, the locality is understood as a specific municipal entity where the structural unit that currently provides the employee with a workplace is located.

Does an employee need to write a transfer application?

The procedure for personnel changes within the organization is carried out in accordance with the regulations set out in the current legislation . According to these rules, the employee must submit an application expressing agreement with the new conditions of employment or the request for transfer itself . When drawing up an application, it is recommended to adhere to the official style and follow all the rules of office work. The completed application must be signed by the following persons:

1. The head of the department where a particular employee works.
2. Director of the department to which the employee is transferred.
3. The head of the HR department or the general director of the company.

The application received from the worker is transferred to the organization’s archives. In accordance with document storage standards, this application must be kept in the archive for at least seventy-five years.

The transfer can occur either at the initiative of the employer or at the will of his subordinate

On a temporary basis

An employee can be transferred either permanently or on a temporary basis. There are a number of features during a temporary transition:

• An entry in the work book about such a transfer of the employee is not made .
• The general period for temporary occupation of a position or place of work is 1 year .
• If an employee requests to be transferred to the position of a temporarily absent colleague, his term of employment may exceed generally accepted limits. In this case, the transferred employee can work in the specified position until the person he replaces leaves.

Regardless of the urgency of the transfer (permanent or temporary), an entry about the transfer is made in the personal card

What are the reasons for this?

The need for personnel movements may arise at any time during the labor relationship between an employer and a subordinate. The reason may be organizational events at the company or the need to transfer a subordinate due to medical recommendations.

Most often, the transfer of an employed person can be carried out for the following reasons:

1. The subordinate’s own desire to change jobs or vacancies.
2. Reduction of staff at the company.
3. Medical recommendations.
4. Creation of new structural departments and branches in the company.
5. Substituting for another employee.
6. Opening of a new vacancy at the company.
7. Relocation of the company to another location.
8. Promoting or demoting a subordinate.

Other grounds for transfer are allowed if they are valid and do not contradict the Labor Code of the Russian Federation.

The translation procedure is the same in all variants:

• An additional agreement is concluded that suits both parties.
• An order for transfer is issued with the registration of a work book.

Transfer of an employee to another job in accordance with a medical report

An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the 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 an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, wages are not accrued to the employee, except in cases provided for by the Labor Code, other federal laws, collective agreements, agreements, and employment contracts. If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code . 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, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of the Labor Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except in cases provided for by the Labor Code, other federal laws, collective agreements, agreements, and employment contracts.

Transfer of a contract service employee to another position

The contract concluded with an employee of the internal affairs bodies, appointed to a position in the internal affairs bodies, for which rotation is provided, includes a provision on the possibility of transferring the employee in the prescribed manner to another equivalent position, including to another locality, and in case of his refusal - on the possibility of transfer in the prescribed manner to a lower position or dismissal from service in the internal affairs bodies.

The terms of the contract can be changed only by agreement of the parties and in writing, with the exception of cases provided for in Part 1 of Article 35 of the Federal Law of November 30, 2011 N 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation”. Federation".

On a permanent basis

In the case where an employee did not work at the enterprise on a permanent basis, but, for example, part-time, he also has the right to ask to switch to a permanent job. To switch to a permanent basis, you only need a few documents:

• the employee's submitted petition;
• drawing up a transfer order.

An application for transfer must be submitted before the expiration of the temporary employment agreement.

If the application deadline has passed, the employer has the right to dismiss the employee and then hire him again, this time on a permanent basis. If the transfer is carried out through dismissal, then the employee loses seniority in the company . You will have to re-enter an employment contract, card and other documents for him, just like when hiring a new employee.

Who can initiate a transfer?

Depending on the interested party, the transfer procedure is initiated either by the employer or by the subordinate:

• if it is the employer who begins preparations for the transfer procedure, which most often arises against the backdrop of downsizing or internal changes taking place in the organization, then it is he who must inform his subordinates about the upcoming event within a couple of months. Those employees who do not agree with such a job reshuffle have the right to express their position and refuse the transfer. If you agree, you should draw up an application to arrange the transfer;
• if the employee is interested in a transfer, he similarly warns the employer in advance. In this case, the latter has the right to both agree and refuse the request. However, refusal is not possible in every case; sometimes transfer is required.

Step-by-step instruction

Briefly, the transfer process at the initiative of an employee looks like this:

1. The employee expresses his desire in writing.
2. The application is taken into account by the employer in accordance with the accepted procedure.
3. The employer reviews the application, and if he agrees with it, he begins preparations for the transfer.
4. The employee is given a new job description for familiarization and study (the person being transferred puts the date of reading in special documents according to the company form and signs them).
5. An additional agreement to the main contract is drawn up and certified.
6. The signed agreement is registered.
7. A copy is given to the employee (here it would be a good idea to get the employee’s receipt stamp on the employer’s copy).
8. A transfer order is issued. The form of the order was established by the State Statistics Committee of January 5, 2004 and is called T-5 or T-5a.
9. The order is signed by the employees.
10. Records of the transfer are made in the enterprise employee card and work book if the transfer is permanent.

Legislation

The nuances and grounds for transfer are regulated by the Labor Code of the Russian Federation.

Here are the main provisions of the law:

• To transfer an employee within a department without changing the immediate supervisor, the employee’s consent is not required (Article 72.1 of the Labor Code of the Russian Federation);
• the employee has the right to refuse a transfer in favor of the original place of work specified in the employment contract (Article 57 of the Labor Code of the Russian Federation);
• for other transfers, the employee’s consent is required;
• After receiving consent, the permanent transfer must be documented using an additional agreement to the employment contract.

The Labor Code also establishes that the transfer of an employee to a position or a new place of work that does not suit him for health reasons, at the initiative of the employer, is illegal.

Statement

In order to notify the company's management of the intention to transfer to another position or change the job function, the employee must submit a written request for transfer indicating the reasons.

In some cases, an oral agreement takes place, but it is the written form that has legal force.

Contents of the document

The application is written to the head of the organization or enterprise in which the personnel interested in the transfer works. The body of the document sets out a request for a transfer to another position, indicating the reasons and justification of expediency. Sample:

The reasons must include the actual facts that prompted the employee to write a statement. If the employee from the example above works in an enterprise where physical force is used and is in a position, then the rationale and reason for the transition from the existing position would look like this:

Depending on the document flow adopted by the company, an electronic copy or photocopy of the medical report is attached to the application.

Coordination

After drawing up an application for transfer, the employee signs it and submits it for approval to his immediate supervisor in the structural unit where he currently works. In the example above, such a manager is the administrator of retail outlet No. 69.

The manager, in turn, puts forward a resolution and sends the document to the personnel department. The text of the resolution usually says the following: ““AGREED” 10.10.2017. ________________Administrator of TT No. 69 “Baltika” M. Z. Sobakina.”

How to translate

The procedure for transferring an employee to a new position within the organization:

1. Compiling and submitting an application. The application is drawn up in simple written form and expresses the employee’s desire to engage in a new field of activity in a new position. Sample application:

   

2. Drawing up an additional agreement to the employment contract. The document is drawn up if the employer makes a positive decision on the transfer. The agreement is attached to the employment contract and may contain the following information:
   working conditions at the new place;
3. changing the payment system;
4. change in work regime;
5. additional conditions.

   

   Read also:  Sample contract for construction work
6. Issuance of an order. The order is drawn up on a unified form T-5 or T-5a for the transfer of several employees. The order is issued by the employer and signed by the employee to confirm familiarization with the provisions of the document. Sample order:

   

7. Making changes to documentation. Changes are made to the work book in accordance with the Labor Code of the Russian Federation. Information about each new entry must be communicated to the owner of the book. In addition, the employer fills out the employee’s personal card and other internal documents related to the transfer. However, for temporary transfers, records are not necessary. Sample of making changes to the work book:

   

A blank order form for filling out can be downloaded from the link.

Unlike an order, an application does not have a unified form. It is presented in a simple form or according to a sample developed by the company.

Despite this, the document should indicate the following information:

• name of the document “application”;
• information about the employer: name of the organization, full name and position of the manager;
• information about the employee: full name, position and passport details;
• reasons for transfer;
• indication of the desired position or department;
• agreement with new labor responsibilities and working conditions;
• date of application and signature.

To confirm the basis for the transfer, the employee may present the following documents:

• pregnancy certificate or child's birth certificate;
• educational documents confirming the right to engage in a new type of activity;
• medical certificates about health status and the presence of contraindications;
• other documents.

The application can be submitted at the applicant’s discretion in writing or in printed form on A4 or A5 sheet. The document is submitted to the HR department or the employer in two copies, one of which remains with the applicant, and the second with the employer.

The second copy is assigned an internal serial number, which must be entered in the internal document flow log.

To receive approval, the application must be signed by:

• the head of the department where the employee currently works;
• the head of the department to which the employee submits the application;
• the head of the personnel department or the head of a legal entity.

If a positive decision is made, the application is transferred to the archive for storage for 75 years, and the employee receives the right to transfer to a new position.

Withdrawal of application

Russian legislation in the field of labor relations does not provide for the withdrawal of an application for transfer to another position . A prerequisite for translation is the consent of both parties to such a change. That is, if at some point an employee changes his mind about moving to another job or his circumstances change, then a reverse transition is possible only through a new application.

However, the agreement to the contract may state that the employee agrees to take on new responsibilities if he is completely satisfied with the new conditions. If an employee is not satisfied with a new place of work, he has the right to request a transfer to another position.

The employer, after making the transfer (issuing an order, agreement, entries in the work book and employee card, signing all papers with him), has the right to refuse the employee to withdraw the application for transfer.

At the same time, he is obliged to consider a new application for transfer, if one is received from the employee.
In contact with

How to formalize the transfer of an employee at the initiative of the employer to another position?

In order to transfer an employee by decision of management, there may be several reasons:

• The company's management decided to reduce staff;
• The employee’s qualifications do not correspond to their work activity;
• Changed technological process;
• Appearance of a new vacancy;
• The presence of an administrative penalty that interferes with work;
• Lack of necessary documents.

When transferring, the order must indicate the full evidence base and reasons why the person is being transferred to another type of production. Before you transfer an employee, you must notify him in writing, and signed. The employee must agree to such a transfer. It is necessary to make sure that no reasons prevent such a transfer to another position.

Deadline for transferring an employee to another position

It is important to understand that some translations have deadlines. There are no deadlines for permanent transfers. In case of temporary transfer, no more than a year should pass from the moment of consent of both parties. When a person replaces an employee - until he comes back. If the employee does not agree with the transfer, the process does not last more than a month.

It must be understood that transfer to another position requires the mandatory consent of both parties. This means that the employee must sign all the necessary documents. The employer, in turn, must follow the Labor Code of the Russian Federation and transfer the employee without fail.

Each party must strictly follow the law so that there is no need to resort to legal proceedings later.

Transfers with the consent of the employee

Almost all types of transfer, with the exception of emergency cases, are carried out only with the written consent of the citizen or even on his initiative.

In order to make a transfer, the employee must directly contact the employer by completing an application. As a rule, each organization has its own form for such agreements. If it does not exist, the citizen can create it himself.

The header of the application states:

• in whose name the agreement is submitted (full name, position of the head of the organization);
• from whom (employee's full name, position, contact information).

If the transfer is carried out on the initiative of the employee himself, he must justify his transfer in the main part of the application. The presentation should be concise and to the point.

Attention! In the main part it is also necessary to indicate the fact of familiarization with the new working conditions.

It is important to remember that a transfer to another employer requires the consent of the employer himself.

If the transfer is carried out within the organization with the retention of the employer and on his initiative, the employee only needs to fill out a standard document consent to the transfer.

When to issue an order for transfer to another job

When hired, an employee enters into an employment contract. This document contains essential terms, incl.

position and place of work. Therefore, a translation is nothing more than a change in the essential terms of the contract.

Therefore, for example, a change in an employee’s workplace in the same area will not be considered a transfer. Or work on a different machine, but in the same specialty and in the same position.

Since we are talking about essential conditions, it means that the employer must request the employee’s written consent to the transfer. Exceptions are established by Art.

72.2 of the Labor Code of the Russian Federation. Translation for medical reasons has a different regulation (Art.

73 Labor Code of the Russian Federation). If the employee refuses under certain conditions, the employer has the right to terminate the contract (termination of the employment contract).

So, in all the above cases, an order to transfer to another job completes the process of changing the terms of the contract. What if I transfer to another employer? Personnel workers recommend that the new employer issue an employment order.

Expert opinion

Volkov Georgy Tarasovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The basis for publication of which (the corresponding column) will be “adopted in the order of translation from...”. And the previous employer issues a dismissal order under clause.

5 hours 1 tbsp.

77 Labor Code of the Russian Federation.

Cases of transfer without the employee’s consent

As mentioned earlier, such a transition is carried out in exceptional cases. The situations listed below are temporary. The transfer is made for a period of up to 1 month. Payment for production under temporarily changed conditions should not be lower than the average payment for the previous work.

1. Emergency situations:

• man-made disasters and natural disasters;
• natural disasters;
• epidemics, epizootics and famine;
• industrial accidents and incidents.

2. Other exceptional circumstances:

• downtime in production due to economic, organizational, etc. reasons;
• preventing destruction or damage to property.

Transfers based on production needs are considered separately (Article 74).

When technological or organizational working conditions change, the terms of the employment contract also change. Only the employee’s labor function cannot be changed.

The employer must notify employees of any changes 2 months in advance. The form of notification is written.

In connection with changes without the employee’s consent, a transfer can be made only in two cases:

• from one structural unit to another;
• to another area.

When can you be demoted?

Demotion may be permanent or temporary. The transfer can be initiated by either the employer or the employee. However, it is rare to find employees who ask for a lower position. After all, this usually entails receiving lower wages.

Please note: transfer to a lower position is permitted only with the written consent of the employee. Exceptions are cases related to emergency circumstances listed in Part 2 of Article 72.2 of the Labor Code of the Russian Federation.

If the employee does not agree, the entrepreneur must have grounds for demotion. Labor legislation allows you to do this in several situations:

- by written agreement of the parties (Part 1 of Article 72.2 of the Labor Code of the Russian Federation). The purpose of such a transfer is often to replace a temporarily absent employee;

— due to downtime (part 3 of article 72.2 of the Labor Code of the Russian Federation);

— due to the employee’s refusal to work in new conditions (Article 74 of the Labor Code of the Russian Federation);

- in connection with the suspension of the employee’s special right (Article 76, clause 9, part 1 and part 2, article 83 of the Labor Code of the Russian Federation). Such rights include a work permit for a foreign citizen, a driver’s license, the right to carry a weapon for an employee of a private security company, etc.;

— due to a reduction in the number or staff of employees (clause 2, part 1 and part 3, article 81 of the Labor Code of the Russian Federation);

- based on the results of the certification (clause 3, part 1 and part 3, article 81 of the Labor Code of the Russian Federation). In this case, transfer to a lower position is an alternative to dismissal for lack of proper qualifications;

- according to a medical report (Article 73 of the Labor Code of the Russian Federation);

— to eliminate the impact of adverse production factors on a pregnant woman (Part 1 of Article 254 of the Labor Code of the Russian Federation);

- due to the impossibility of performing previous labor functions by a woman who has children under the age of one and a half years (Part 4 of Article 254 of the Labor Code of the Russian Federation);

- due to the expiration of a woman’s employment contract during her pregnancy, if this contract was concluded during the performance of the duties of an absent employee (Part 3 of Article 261 of the Labor Code of the Russian Federation);

- in connection with the termination of an employment contract due to violation of the rules for its conclusion (Article 84 of the Labor Code of the Russian Federation).

Please note: some individual entrepreneurs transfer employees to lower positions for committing a disciplinary offense. However, such actions are illegal. Article 192 of the Labor Code of the Russian Federation contains a closed list of types of disciplinary sanctions: reprimand, reprimand and dismissal. As you can see, demotion of an employee is not included in this list.

For your information. The position of an employee who is on parental leave until the child reaches three years of age is not vacant (Part 4 of Article 256 of the Labor Code of the Russian Federation). During such leave, the employment contract with her continues to be valid. Thus, the entrepreneur is not obliged to offer this position to the employee for transfer based on the results of certification. A similar conclusion is contained in the Determination of the St. Petersburg City Court dated August 30, 2010 No. 33-11908.

What types of translations are there?

The nature of the transfer can be temporary or permanent:

• everything is very clear about the permanent one. The position previously held by an employee changes completely. He will perform other duties, the list of his powers will be updated, and his working conditions will change. Moreover, such changes will occur on an ongoing basis;
• Sometimes temporary transfers are also practiced. Then the employer temporarily transfers his employee to another, strategically more important position to perform priority tasks and work. In this case, when drawing up the application, reference is made to the fact that the translation is necessary for a short time.

Contents of the order for transfer to another job

If the employer has not developed and approved its order form, the employee responsible for working with personnel can use Form No. T-5. And when an order is drawn up in relation to several employees - form T-5a. Let us recall that such forms were approved by the State Statistics Committee on January 05, 2014, by resolution No. 1.

• So, in the column “name of organization” the compiler enters the company name of the employer.
• The OKPO code is entered according to Rosstat records.
• The document must contain its title: Order on transfer to another job , which will exclude its other interpretation.
• The order for transfer to work is filled out taking into account the written consent of the employee. Information about the employee and the nature of the transfer (temporary, permanent) are entered. The column “transfer to another job” contains the date of start of work in a new status and end date (if temporary transfer).
• The publisher of the order indicates the previous place of work in accordance with the employment contract and staffing table. As well as a new place of work, including structural unit and position.
• The salary is indicated in the order.
• The basis column contains the legal document. For example, a medical report, an additional agreement to an employment contract, a statement, etc.

The employer signs the document. Or a person authorized by him. Within 3 working days, the order is brought to the attention of the employee, about which he puts his signature in the appropriate column.

Clarifying questions on the topic

An order (instruction) to transfer an employee to another job is used to formalize and record the transfer of the employee(s) to another job in the same organization or to another location together with the organization.

An order for transfer to another job is used when transferring an employee in the same organization to another position, to another structural unit, including when the organization moves. There are no other forms of order for transfers.

• What is the basis for the order?
• Who is drafting the document?
• Basic rules for placing an order
• The procedure for filling out the order form in the T-5 form
• When you can’t and when you can refuse a transfer

Form T-5 (order to transfer to another job). During the period of work at the enterprise, its employees can be transferred from one position to another.

This can happen for completely different reasons: promotion and demotion, the vacancy of a vacancy, the employee acquiring a new specialty, for medical reasons, etc. Regardless of what circumstances served as the reason for such a rearrangement, this action must be formalized properly.

One of the main documents that accompany the transfer of an employee from one position to another within the organization is the order of the manager to transfer to another job in the T-5 form (