An order (instruction) to transfer an employee to another job. Form N T-5, 2021, 2021 - Enterprise records management documents

A mandatory condition of the agreement between the employer and the employee is the existence of an employment contract, properly executed in accordance with the Labor Code (LC) of the Russian Federation. This document specifies the rights and obligations of the parties. During the period of validity of the employment contract, the employee may be transferred to another job (Articles 72, 73 of the Labor Code of the Russian Federation).

The reasons for the transfer may be different:

· another position or work on a permanent or temporary basis, as a result of which the terms of the employment contract significantly change;

· changing the functions of the unit in which the employee is located;

· change of location of the employer;

· transfer to work for another employer by transfer;

· medical report drawn up in accordance with the current legislation of the Russian Federation.

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Unified form No. T-5 Approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1

		Code
OKUD form		0301004
		according to OKPO

(name of company)

Document Number	Date of preparation

Using the unified form T-5a

If you need to make a transfer to a certain number of people working at the company at once, resort to the unified form T-5a. Its preparation is identical to the design of the T-5 form. Only additional lines are entered for the required number of persons.

Based on transfer orders, personnel officers make entries in work books, but only if the transfer is permanent.
For temporary transfers, no additional entries are made. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

ORDER

(order) to transfer an employee to another job

date
Transfer to another job	With
By

Personnel Number

(Full Name)

(type of transfer (permanent, temporary))

Previous place of work
	(structural subdivision)
	(position (specialty, profession), rank, class (category) of qualifications)

(reason for transfer)

New place work
	(structural subdivision)

	(position (specialty, profession), rank, class (category) of qualifications)

	tariff rate (salary)	rub.	cop.
(in numbers)
allowance	rub.	cop.
(in numbers)

Base:

amendment to the employment contract from “

”

city no.

; or

another document

(document (application, medical report, etc.))

Head of the organization
(job title)	(personal signature)	(full name)

The employee is familiar with the order (instruction)	“	”	20	G.
(personal signature)

Download the document “Order (instruction) on the transfer of an employee to another job. Form N T-5"

Form T-5. How to fill out the lines: “reason for transfer” and “reason for transfer”?

author of the answer,

QUESTION

What is correct to indicate in the line “reason for transfer” and in the line “reason for transfer” in the order for personnel transfer of the T-5 form?

In situations:

1. Transfer of an employee to the place of a dismissed employee.

2. New rates have appeared in the staffing table and the employee is being transferred to a free rate.

3. In case of transfer from a maternity rate to a permanent one.

ANSWER

The explanations for filling out form N T-5, contained in the Instructions* for the use and filling out of forms of primary accounting documentation for accounting for labor and its payment, do not make it possible to draw an unambiguous conclusion about how to fill out the line “Base” of the unified form N T- 5

The Instructions for filling out forms for filling out Form N T-5 contain the following explanations: “... in the line “Bases”
specific documents are indicated
on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the details “Change to the employment contract” are not filled in...”

In all the situations you listed, it is necessary to determine who is the initiator of the transfer.

In practice, the following options are possible.

If the initiator of the transfer is an employee

, he wrote an application for transfer, and the employer agrees to transfer the employee, then the application with a positive resolution of the employer and an agreement to change the terms of the employment contract determined by the parties serve as the basis for issuing an order (instruction) to transfer the employee to another job.

In this case, in the line “Reason for transfer”

indicate the employee’s statement (or “at the employee’s initiative”), and in
the “Bases” line
- the date and number of the additional agreement to the employment contract, and the employee’s statement.

If the initiator of the transfer is the employer

, the employer must express his initiative to transfer an employee in writing; this procedure is not defined in the Russian Federation and therefore depends on the document flow procedure adopted by the institution.

As a general rule, a written offer to the employee is drawn up in any form. The employee’s written consent to the transfer can be drawn up in the form of a separate document (for example, an employee’s statement of consent to the employer’s proposed transfer to another job), or directly in the proposal, a place can be provided for the employee to express consent to the transfer (for example: “With a proposal to transfer to position….in a structural unit….(if any) I agree. Personal signature, transcript of signature, date.”). Obtaining the written consent of the employee in the procedure of transfer to another job at the initiative of the employer is mandatory.

In this case, a transfer order is issued, and in the line “Reason for transfer”

you can indicate “at the initiative of the employer and with the consent of the employee” or the specific reason why the employer offered the employee a transfer to another job (for example, the introduction of a new position, the creation of a new structural unit, etc.), and
in the line “Base”
- the date and the number of the additional agreement to the employment contract and preliminary documents that were preceded by the preparation of the additional agreement to the employment contract.

* Instructions for the use and completion of forms of primary accounting documentation for recording labor and its payment (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1).

JUSTIFICATION

Transfer to another job while continuing to work for the same employer is recognized as a change in job function and is allowed only with the written consent of the employee , except for the cases provided for in Parts 2 and 3 of Art. 72.2 Labor Code of the Russian Federation

(Part 1 of Article 72.1 of the Labor Code of the Russian Federation).

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, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing

(Article 72 of the Labor Code of the Russian Federation).

Based on the additional agreement signed by the parties, the employer issues an order on transfer to another job (for example, the organization may approve Form N T-5), with which the employee must be familiarized, and makes a corresponding entry about the transfer in his work book (Part 4 of Art. 66 Labor Code of the Russian Federation, paragraph 4, Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, Article 9 of Federal Law of December 6, 2011 N 402- Federal Law).

Please note that without a signed additional agreement, the employee cannot be transferred to another job, despite the presence of an order for the transfer.

Thus, based on the fact that the legislation does not contain a clear procedure for filling out Form N T-5 (in addition to the requirements to indicate specific documents), it will be sufficient to reflect in the lines “Reason for transfer” and “Basis for transfer” documents that confirm
the validity of the employee’s transfer.
It should also be noted that the current legislation does not disclose the concepts and does not contain a definition of what is “correct/incorrect filling”.

She answered the question:

O.Ya. Reshetova

Askon accounting and tax consultant

Sample and order form 2021 - 2018

A blank T-5 form is presented below.

And here is a ready-made sample that can be used when drawing up an order.

NOTE. Both printed and handwritten filling is allowed (blue or black pen). However, blots, corrections, illegible text, tears and other violations are prohibited. If an error is discovered, a new document should be drawn up and the old one should be torn.

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Why do you need a transfer order?

The transfer of a person from one position to another, carried out on an ongoing basis, is subject to reflection in the work book (Article 66 of the Labor Code of the Russian Federation). In turn, an entry in the work book about the transfer must be made on the basis of a separate order (clause 10 of the Rules for maintaining work books according to Decree of the Government of Russia dated April 16, 2003 No. 225).

Data on the temporary transfer are not entered into the work book - but in this case, the order can play the role of a document certifying the fact of the employee’s written consent to the transfer (when he puts a signature on the order confirming familiarization with the administrative document).

Such consent is necessary due to the provisions of Art. 72.2 Labor Code of the Russian Federation. A similar requirement, by the way, is in Art. 72.1 of the Labor Code of the Russian Federation, which regulates translations in general. In addition, in the provisions of Art. 62 of the Labor Code of the Russian Federation provides for the drawing up of orders for transfers, regardless of the duration of work in the new position. The employee has the right to request a copy of any such order from his superiors at any time.