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:
- The subordinate’s own desire to change jobs or vacancies.
- Reduction of staff at the company.
- Medical recommendations.
- Creation of new structural departments and branches in the company.
- Substituting for another employee.
- Opening of a new vacancy at the company.
- Relocation of the company to another location.
- 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.
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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.
Temporary translation and its documentation
Temporary transfer of an employee is formalized in writing. Thus, an employee can be temporarily transferred, with his consent, for a period not exceeding one year to another position/to another structural unit.
In the case of a transfer in order for this employee to perform the functions of replacing another (temporarily absent) employee, the period for performing duties in a temporary position/functional unit lasts until the replacement employee leaves (legal retention of the job).
What is the procedure for drawing up and filling out an order for the appointment of the general director of an LLC - read here.
In the case where, upon completion of the transfer period, the employee is not given his previous position, and he does not require reinstatement in his previous job and continues it in a temporary position, the agreement on the temporary nature of the transfer is considered no longer in force, and the transfer begins to be considered permanent .
Sample employee application for transfer to another position within the LLC.
In case of natural/man-made disasters, industrial accidents, unforeseen industrial accidents, etc. the employee has the right to transfer without his confirmation for a period of up to a month to another job with the same employer in order to prevent the above-mentioned consequences.
Temporary transfer of an employee without his consent is also carried out in the event of a temporary suspension of the enterprise for reasons of economic, technical, technological or other nature. Thus, in the event of forced replacement of employees in emergency situations, a temporary change in the employee’s place of work is allowed.
Moreover, if the forced position is lower in qualification than the current one, written confirmation of the employee is required.
In this option, the employee will be paid according to the work performed, but should not fall below the average for the previous job.
Types of transfers
The movement of employees from one position to another may be of the following nature:
- Transfers to permanent or temporary work.
- Movements performed on the initiative of a subordinate or on the initiative of a manager.
- Transfer with the consent of the subordinate or without his approval.
There are also such types of translation as internal and external. The first type ensures the movement of a subordinate within one institution, the second - between different companies.
( Video : “Three meanings of translation”)
Constant
With the constant movement of a subordinate, the following can be carried out:
- Complete change of institution.
- Change of place of work together with the manager.
- Change of position under the same boss.
A subordinate can change his position on his own initiative by sending a request to the head of the company. At the same time, the manager has the right to refuse such a request, and if the outcome is positive, an additional agreement is drawn up, securing a new vacancy, showing wages, work schedule and other conditions that need to be reflected in the contract.
In addition to the concluded additional contract, an order is issued to move the employee to a new vacancy. The basis for issuing an order is the concluded additional agreement, which is reflected in the order. Also, information about a change in vacancy is entered into the work record book and into the employee’s personal card, which is maintained in the personnel department.
If the initiator of a permanent transfer is the management of the company, the manager is obliged to send a notification to the employee, displaying information about the new vacancy or workplace. If the employee agrees, an additional agreement is also concluded. If the employee refuses the offer, he may be expelled with the issuance of severance pay. Deduction is subject to the condition that there is no alternative vacancy.
If an employee has expressed a desire to move to work in another institution, the approval of the manager where the person works is required to fulfill the intention. If there is no such approval, then the subordinate can resign and, after working out, register for a new enterprise.
Temporary
Temporary transfer of a subordinate means a transfer to another place of work for a period of no more than one year. A transfer of this nature is confirmed by a written agreement of the transferred person.
If the period of temporary transfer ends, and the director or the transferred person does not remind him to return to his previous place of work, then such a transfer becomes permanent, and the old contract becomes invalid.
There may be circumstances where a subordinate can be temporarily transferred without his approval. This can be done in the following situations:
- In case of man-made or natural emergencies. Under these circumstances, the repaired person may be sent to another job for a period of no more than 30 days.
- When the operation of an institution is suspended.
Despite the fact that in exceptional situations the approval of a subordinate for transfer is not required, when he is sent to a lower vacancy, his written agreement is required. At the same time, remuneration cannot be less than the salary or average salary of the previous job.
Required documents and procedure
Each transfer case must be documented. The set of documents will depend on whose initiative prompted the translation. When everything appears on the part of the employer, a notification must be sent to the employee about this.
The employee may also take the initiative to transfer to another position. In this case, a statement must be received from him or a memorandum written. These documents must necessarily reflect the actual situation and the employee’s work in translation. The main thing is to justify everything correctly so that the employer does not have any doubts.
There are so-called foundation documents. These include the above, as well as a conclusion from a medical institution, adjustments to the employment contract. Based on the results of their consideration, an order must be drawn up and signed by the parties. It comes from the head of the enterprise. For him, they mainly choose a free form of writing. But in certain situations, depending on the company, there may be a form that must be approved. If we take into account the forms of orders, they can be in the form of T-5 or T-5a. In the first case, the document is drawn up when transferring one specific employee, and in the second - a group of employees.
When a transfer is made, a corresponding entry is made in the work book. This must be completed by HR staff. A personal file must also be filled out.
The initiative for transfer may come from the employer, the employee himself, or the reason may be the employee’s health condition. This is all done for a certain period, or temporarily. The latter differ somewhat from each other regarding design.
When permanently transferring an employee, an additional agreement must be concluded as an annex to the contract. The entry must also be reflected in the work book. But with a temporary one, all entries are made only in the order. No other documents are supplemented.
An employee's health condition may force him to change his position. The employer may offer him a job with easier conditions. At the same time, the salary is reduced, but in the first month the salary remains at the average value for previous periods. But this does not apply to occupational illness, when wages must remain at the same level while he occupies a new position. In each case an order must be issued.
How to write an application correctly
Due to the absence of a unified transfer application form, the document is drawn up in a free style on a blank sheet of paper, A4 format, where the following must be displayed:
- On the right side at the top of the sheet the position, name of the institution and full name are displayed. head of the company.
- Then in the same part of the page, below, the position, department and full name are written down. applicant.
- Next, the name of the form is displayed.
- The text of the petition states:
- An employee’s request to transfer him to another vacancy, to another structural department, branch, etc.
- Reasons for moving.
- Confirmation that he is familiar with the new working conditions.
- At the end of the completed form, the date of completion and the signature of the applicant are indicated.
After filling out the form, the document is sent to the head of the company, who must impose a resolution. After a positive decision, the necessary documents are drawn up, an order is issued, after which the employee can begin to perform new duties.
Decor
All movements of an employee along the career ladder within the institution must be confirmed by order.
To issue such an order, Goskomstat has adopted a unified template (form No. T-5 for single transfers, and form No. T-5a for collective transfers). The basis for issuing a transfer order is the employee’s statement, if the transfer was carried out at his request, or the person agreed with the manager’s initiative and wrote a petition.
A sample of such a statement is presented below.
When a subordinate moves internally on the initiative of the company's management, the employee is sent a notification about the planned transfer to another place of work. A sample of such a form is developed by the institution independently. In this case, the document should display the following:
- Date of transition (for temporary – start and end of temporary work).
- Job title.
- Reason for transition.
- Information about the person’s familiarization with the notification (signature and date, and if he refuses, the date and signature of the persons who were present when he read it).
A sample transfer notification is presented below.
Sample transfer notification
The next basis for issuing an order is an additional agreement to the employment contract, which must be signed by both parties. After the order is issued, personnel department employees make entries in the work book and personal card of the subordinate.
Below is a sample order.
Sample order
Approximate contents of a transfer application
The content of the request for transfer to another vacancy depends on the root cause of the transfer. Most often, such a request is sent in connection with a change in the employee’s circumstances, such as:
- More profitable vacancy.
- Pregnancy.
- Maintenance of a young child.
- Disease.
- Getting injured.
- Having a disability.
- Caring for a loved one.
A request for transfer can also be submitted at the initiative of the manager, thus expressing consent to the transfer to another place of work, which was proposed by the boss.
For example, when an employee returned from maternity leave, the company opened a branch, which is located close to the employee’s place of residence, with a vacancy. She can apply to be transferred to a branch.
The request can be written like this: “Please transfer me as a cashier to kiosk No. 24, since my child is enrolled in a part-time kindergarten. Working at store No. 5, I don’t have time to pick up my child from kindergarten, and kiosk No. 24 is nearby.”
If his health declines, a subordinate can write the following in his petition: “I request that you transfer me to an easier position due to an occupational illness and the inability to fulfill previous obligations. A copy of the medical commission’s conclusion is attached.”
If the petition is drawn up at the suggestion of management, then the text can be written in the following style: “I agree with the transfer to another vacancy, I am familiar with the nature of the obligations for the new vacancy.”
To summarize, it can be noted that there are many reasons why a transfer of an employed person is required. In most cases, subordinates require his approval to change jobs. At the same time, the subordinate must notify the company’s management of his desire to move to another vacancy by submitting a written request.
Sample for permanent transfer
To the Director of the Federal State Budgetary Institution "ALLUR"
Ivanov I.I.
from the head groom
Petrova P.P.
(personnel number 123)
Statement
I request that you transfer me to the position of horse riding teacher from 11/18/2019. I have read the working conditions and agree. My qualifications, level of education and work experience fully meet the requirements of this position - I have attached copies of educational documents.
Applications:
- Diploma of Uryupinsk State Pedagogical University named after. L.L. Loshadkina, series 123 No. 987456 dated June 23, 2011.
- Certificate of completion of advanced training courses in the direction of “Horse Riding Teacher” at the St. Petersburg School of Advanced Training for Education Workers named after. D.Yu. Vysobrazny, series 963 No. 147852 dated 08.11.2019.
November 12, 2021
______________/Petrov P.P.
Video: Transfer to another job.
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Today, the transfer of employees to another vacancy is a common phenomenon. In most options, the consent of the subordinate to the movement, indicated in writing, is assumed.
The implementation of the transfer depends on the circumstances under which the subordinate’s transfer is planned. In a number of exceptions, the manager has the right to transfer a subordinate to another job without his approval.
The reasons that determine the need to move a subordinate may be different. Therefore, the procedure for preparing and drawing up the necessary documents depends on the form of movement.
Sample applications for employee transfer
In practice, the process of transferring a subordinate to another vacancy is carried out in several stages:
- The emergence of a production need or a person’s own desire.
- Verbal agreement between interested parties.
- Drawing up a memo by the manager of the department where the subordinate works, in respect of whom the transfer is being drawn up, displaying his data, work skills and business qualities.
- Imposition of a visa by the boss on a completed memo.
- Submission of proposal by the manager.
- Subordinate's consent to the transfer.
- Publication of administrative documents.
- Registration of changes to the employment contract or conclusion of a new contract.
Thus, in almost any situation, the transfer of an employee to another job must be accompanied by a statement from the employee who wishes to change jobs. Below are links to samples of various employee transfer applications.
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After writing the application
Expert opinion
Kostenko Tamara Pavlovna
Lawyer with 10 years of experience. Author of numerous articles, teacher of Law
The application is not a guarantee that the employee will be transferred to the position for which he is applying. The resolution on the adoption of a particular decision is written directly on the application.
If the management’s response is positive, then based on the corresponding inscription, which also serves as an instruction to the personnel department, the transfer is carried out.
To do this, a special order is drawn up on behalf of the company’s management, and the application itself is included in the employee’s personal file. Subsequently, after losing relevance (i.e.
dismissal of an employee), the application, together with other papers in the personal file, is transferred for storage to the archives of the enterprise, where it is kept for the period established by law.
Reviews: | Views: | 2324 |
Votes: | Updated: | 24.05.2014 |
(name of the enterprise, full name of the manager)