The transfer of an employee to another position is usually made due to production needs or personnel changes. Despite the fact that this phenomenon occurs quite often in the enterprise, some specialists have difficulties with its correct registration. Let's take a closer look at the reasons and types of transfers, as well as how to correctly issue the appropriate order.
According to Article 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the employee’s labor function while continuing to work for the same employer. It can only be done by agreement of the parties, with the exception of certain cases, which we will consider below.
What is the basis for the order?
Orders issued by company management must always have a basis. In this case, it may be a statement written on behalf of the employee himself (with justification for this desire) or a memorandum from the head of the structural unit, which must indicate compelling arguments for carrying out this procedure. If the transfer occurs at the initiative of the employer, then the employee must first be notified of the upcoming changes in his career.
Who initiates
The legislation determines that both parties (manager and subordinate) can initiate a job transfer.
If the initiative is put forward by management, the reason for relocating an employee is usually a downsizing or reorganization of the company. In this option, the subordinate must be notified in writing against signature no later than 30 days before the implementation of the intended decision. An employee may refuse to move, which is why such a refusal can sometimes result in dismissal from work.
If the initiator of the transfer is a subordinate, it is necessary to notify management by submitting a request for transfer. The decision remains with the manager.
To summarize, it can be noted that in any case, the transfer of a subordinate to another vacancy is permitted by mutual agreement.
Basic rules for placing an order
Today, the law says that an order to transfer an employee from one position to another can be issued in a free form. However, many enterprises and organizations, in the old fashioned way, prefer to use the previously approved and widespread T-5 form. This is understandable: the form contains all the necessary data, including information about the employer and subordinate, information about the former and new place of work, reasons for the transfer, etc.
The order can be filled out either by hand or on a computer, but it is printed out in a single copy and, after writing, is given first to the manager for signature, and then for review to the employee for whom it was drawn up. His autograph on the document will indicate that he agrees with the transfer to a certain position with the designation of a specific tariff rate and other conditions.
After registration, the order must be registered in the internal document register, and then transferred for storage to the personnel department.
Influence of reasons on the content of the document
The transition can occur for many reasons : either on a person’s personal initiative, or the inability to fulfill one’s direct responsibilities due to health reasons (Article 73 of the Labor Code of the Russian Federation), job cuts, unforeseen factors, and much more.
It is not uncommon today to expand companies and move workers simultaneously with the management apparatus to another city.
This is accompanied by the transition of employees to new places in the organization. It can be temporary or permanent. The initiative can come from the staff and the director.
An example of filling out an order to transfer an employee to another job using the T-5 form
The standard sample in the T-5 form is quite simple and should not cause any difficulties during registration.
The first part of the T-5 form
The first part of the document indicates the full name of the organization, the OKPO code (in accordance with the registration papers), as well as its internal document flow number and the date of its preparation. Below is the period during which the employee will work in another position.
- If the transfer is temporary, then the start date and end date of the work (if the latter is known) should be indicated.
- If the transfer is made on an ongoing basis, then you only need to set the date from which the employee will be obliged to begin his new duties.
In addition, with a permanent transfer, information about it must be entered into the work book and the employee’s personal file, as well as an additional agreement to the employment contract must be drawn up with him (on changes in working conditions and other parameters).
Next, you should enter the employee’s last name, first name, patronymic, his personnel number (if such records are kept at the enterprise), and also indicate the type of transfer.
The second part of the T-5 form
In the second part of the document, information about the employee’s previous place of work is first entered, namely the structural unit where he worked and his position (in accordance with the staffing table). In the next line you need to indicate the reason for the transfer.
The second table contains information about the new location:
- department name,
- job title,
- as well as the size of the tariff rate and all possible allowances due to the employee.
Next, you need to provide a link to the documents that served as the basis for issuing the order: usually this is either a statement from the employee or a memo from his immediate superior. If the transfer is caused by some other factors (for example, an employee’s illness), then data from the supporting document (for example, a medical report) must be entered here.
Finally, the order should be given to the employee for review. Without his signature, the document will have no legal significance.
Distinctive features
The order has one very important feature: it can be issued only with the consent of the employee , which is drawn up in writing (you can read about cases when the transfer of an employee without his mandatory consent is allowed here).
No one can force a person to formalize the transition, which is why it is formalized through permission to change the clauses of the employment contract. Often a new employment contract is drawn up in the form of an additional agreement.
It is worth noting that when a new agreement is drawn up during a transition, this does not mean that an updated employment agreement is drawn up, which is drawn up only after the employee leaves.
Such an order, within the boundaries of one enterprise, must be registered in the Labor Code .
Such changes are recorded in the unified T2 form that must be approved by a specially issued order from higher management.
The length of service will be calculated according to the position to which the new employee transferred.
A natural question arises here: what should an employer do if a person refuses to move to another permanent position within the organization?
Before the order is issued, in order of priority, the following actions are carried out:
- It is necessary to familiarize yourself with future responsibilities and written instructions that describe his new position.
- Signs another agreement to the main one, TD (done in two copies). On the copy that remains in the HR department, the employee confirms the received copy. For example: agreement received, date and signature. An agreement of this type must be recorded in a special journal.
- The HR department or the employer is obliged to issue an order to transfer to another workplace. Such an order is issued in accordance with the agreement to the employment contract.
- Data is entered into the work book. For example: “Ovchinnikova O.V. transferred to the accounting department to the position of chief accountant."
, no entry is made in the TC . In this case it is necessary:
- a written statement from an employee, or a written instruction from the director;
- familiarizing the employee with the new labor instructions;
- signing an additional written agreement on a change of workplace to the main agreement (see sample above). If necessary, a liability agreement is concluded;
- issuance of an order.
When you can’t and when you can refuse a transfer
There are situations in which the employer does not have the right to refuse to transfer an employee to another position: this is the employee’s pregnancy and the presence of young children, the presence of medical indications, etc. But, for example, a transfer due to staff reduction or to another location at the initiative of the organization is possible only with the personal written consent of the employee.
The employee himself can, at any time and for any reason, refuse a transfer initiated by the employer, and also demand that he be provided with another, more suitable position, with working conditions that suit him.
Compilation options
Next, we will consider individual examples of regulations on the transition.
For another position
If she is lower paid , then the employer must obtain written consent from the employee whom he intends to transfer.
Such a transfer to a lower-paid position can be carried out:
- according to a medical report;
- according to the conclusion of the commission that conducts the certification;
- An employer can fire an employee who has not passed the certification, but sometimes he offers him a less responsible position.
To draw up a regulatory act, it is necessary to indicate the following on corporate paper GOST R 6.30-97 :
- surname and initials of the employee;
- new position;
- date and period of relocation, new working conditions and salary are prescribed;
- grounds.
Order 02/01/2014 No. 43/54
- Save for Levchenko O.P. past average wage for two weeks.
Reason: statement by O. P. Levchenko dated January 31, 2014; conclusion dated January 30, 2014 No. 57/96-9
Director Samsonov O.V.
Similarly, an order is issued for a part-time worker to switch to full pay.
To another organization
When an employee moves to work for another company, no changes are made .
In addition, it is not transferred to the new place of work of the departing employee.
In this case, the contract must be terminated .
To do this, you need a request from the organization where the person will work, signed by the manager, then an order is issued.
- surname and initials of the employee;
- new position;
- base.
About the translation of Gavrilenko R.P.
Transfer Roman Petrovich Gavrilenko, head of the HR department, to the position of chief specialist of the international legal assistance department of the Ministry of Foreign Affairs of Rostov-on-Don from February 2, 2015.
Reason: statement of Gavrilenko R.P. dated January 31, 2015.
Head of Department Prodan N.V.
Upon arrival at a new place of work, the new manager draws up an order for employment by transfer from another organization.
Part-time
Expert opinion
Volkov Georgy Tarasovich
Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.
To change to part-time work, it is necessary, by agreement, to make changes to the employment contract by drawing up an additional agreement and indicating:
- working days and weekends;
- duration of the working day, beginning and end of the shift;
- a note is also written down that wages will henceforth be paid in proportion to the time worked.
On establishing part-time work
To comply with Order No. 76/l dated April 30, 2015, the enterprise is establishing a part-time work schedule
- For employees (list No. 1), with their permission, introduce a part-time work schedule - 4 hours, for a period of 3 months from 05/02/2015.
- Those transferred to part-time work are paid in proportion to the time worked.
- The head of the personnel department (Zakharova N.N.), in writing, against receipt, familiarize all employees who have been transferred part-time with this order.
Reason: Order No. 76/l dated 04/30/2015.
Director Ovcharenko V.P.
From temporary to permanent workplace
To make such a move, the employee must sign an employment contract.
It is not necessary to formalize the dismissal of a temporary employee and then take his job again; you can simply change one place to another.
The order can be issued in a free form , and the conditions on the urgency of TD No. dated... can be recognized as such, which has become invalid as of such and such a date.
Labor No. dated..., concluded with an employee, shall be considered concluded for such and such a period of time. The basis is an agreement to change the TD.
About the translation Mazur R.O.
Reason: Statement by Mazur R.O.
Director Rotrister P.O.
The legal literacy of the documents drawn up plays a very important role in the functioning of the enterprise and serves as the protection of the employer.
This is especially important when there is a question of relocation.
If an employer, having changed working conditions, does not agree on them with the people working for him, he can appeal against his illegal actions in court.
At the end of the discussion of this topic, we invite you to watch a useful video on how to properly organize the transition process:
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The work activity of any employee periodically undergoes changes. Often, such adjustments are associated with a change of position, when, due to the high-quality performance of duties or other valid reasons, the subject is transferred to another job.
In 2021, this procedure must be accompanied by the execution of a corresponding order from the manager.
