Additional agreement to transfer to another position: sample document

Often there is a need to switch to another job, as organizations regularly change, as in the life of any person. It also happens that an employee is transferred and promoted, but he can move to another branch. Changes occur on the advice of doctors or in connection with the relocation of companies. With the promotion or demotion of an employee, the terms of the contract will be changed. Therefore, an additional agreement is being drawn up on the transfer to another position.

What is considered a “labor function”?

Occupational activity on the basis of the staffing, profession or assigned tasks to an employee is a labor function. Each person performs at his work a certain list of duties, fixed in the job description.

The specific type of labor assigned to the employee may be a separate function, and also be performed in parallel with another specialty. In any case, the assigned duties must be carried out in a quality and timely manner. An additional agreement to transfer to another position is a binding document that is concluded between the parties before the beginning of the performance of duties.

Getting another position

If an employee moves to a new position, this is a process of change, established by the parties, of the terms of the labor agreement. For such changes, only the mutual consent of the management and the employee is required.

By law, exceptions in the form of a transition for a while are allowed. The transfer by agreement of the parties to another position should be documented.

Is written permission required?

An employed person receives a new position on the basis of the following conditions:

1. For a while or for a permanent place with one boss.
2. Together with the boss to another place.
3. Transfer to another boss.

The transfer involves a change in the employee’s labor area or a move to another place where the same management will work. If a person is transferred based on the initiative of the employer, then the employee must give written consent. If the transfer does not require additional movements, then permission is not required (Article 72.1 of the Russian Federation).

The worker can transfer at will, for this it is required to provide the manager with a statement. The transfer is carried out both on the basis of his request, and on medical advice. If there is a transition to permanent work, but to another boss, in the last place the document will not work. An additional agreement to transfer to another position is drawn up only if the employee has given this consent.

Translation with consent

This procedure is carried out as follows:

1. The chief prepares a report paper with the indicated reason for the transfer and information about the employee.
2. The head of the unit is given permission.
3. The employee shall be notified in writing of the offer to obtain another position.
4. The employee provides written confirmation and draws up a statement to the manager requesting a transfer. The application must be compulsory.

If registration is carried out only for some time, then this fact is not reflected in the work book. An additional agreement is created on an ongoing basis to transfer the employee to another position.

When do not translate?

If the employee did not provide a positive answer, then transferring him to another position is allowed only in special cases (Article 74 of the Labor Code):

1. To prevent an accident or eliminate the consequences of an emergency.
2. To prevent simple and accidents, damage to property.
3. Instead of an employee who didn’t leave.

You cannot transfer an employee to another position without his written consent. If the employee did not provide permission, then the transition is performed only if there is a risk of downtime or emergency. Due to production needs, translation is possible for no more than 1 month (Article 74 of the Labor Code of the Russian Federation). The worker should not replace another more than 1 time per year. You can not attract a person to work with low qualifications. It is important to establish average earnings if a temporary position is paid lower.

Amendment of the contract

With the transfer of a person to another position, information is adjusted in the employment contract. Changes can be made by agreement of the parties (Article 72 of the Labor Code). It turns out that the employer and employee must know what information is entered into the labor agreement. Then the relationship between the parties will be officially registered.

Drafting an agreement

An additional agreement to transfer to another position is drawn up if there is a change in information in the contract. This document will be continued. For this reason, the paper is drawn up in 2 copies: for the employee and the boss.

A sample of an additional agreement to transfer to another position will help to draw it up correctly. The document should contain the following information:

1. Title and number of the document. For example, the paper may be called “On Changes Due to the Transfer of an Employee”.
2. On the parties to the agreement.
3. In the main part of the document there is a list that needs to be removed or adjusted.
4. It should be noted that the remaining provisions will not change.
5. Date of.
6. Details and signatures.

In the grounds, different wording may be indicated. The sample agreement on the transfer to another position is generally accepted, it is used in all organizations. In the event of a dispute, you must rely on this particular document. Therefore, an agreement on transferring to another position should be in every employee who has transferred for some reason to another job.

Working conditions

If the boss wants to transfer a person to a position with a lower income, then the written consent of the latter is required. Perform such a transfer to another job, where there will be a lower salary is possible in some cases:

1. Based on medical indications.
2. According to the results of certification.
3. If certification has not been passed, then instead of dismissal, it is proposed to move from the most responsible position.

The order contains the following information:

1. FULL NAME. employee.
2. Post after transition
3. Date of transfer, income and working conditions.
4. The basis of the translation.

The order is issued by type T-2 or by an individual form, which is used in the institution. The document must contain the signature of the boss and employee. When an agreement on the permanent transfer to another position is drawn up, and an order is issued, a person can begin to work.

Labor Book Changes

These documents are executed by responsible persons. This work can be done:

1. Specialist finishing staff.
2. Supervisor.
3. Chief accountant.

All entries are confirmed by an employee of the personnel department. After changing the position, the following actions are performed:

1. An agreement is signed on the transfer of an employee to another position.
2. An appropriate note is put in the workbook.
3. An order is issued that the employee received a new position.

Before data is entered into the workbook, the owner of the document is introduced to the information, which must confirm everything. It indicates:

1. Record number.
2. Date of change.
3. Information about the translation.
4. Data on the details of the order.

The creation of an agreement on the transfer of an employee to another position and filling out a work book is considered mandatory. If the manager will comply with all these rules, then all the documentation will be in order. And then during inspections by regulatory authorities there will be no questions.

Temporary position

Often there are times when you need to replace an employee who is temporarily absent. Usually this happens during the holidays, during temporary disability, during maternity leave. Types of substitution are indicated in the Labor Code of the Russian Federation:

1. Transfer to another position
2. Combination.
3. Registration of a fixed-term employment contract.

The transfer to temporary work is carried out due to necessity and because of situations not related to it. This procedure is carried out:

1. Based on the agreement of the parties.
2. Fulfillment by the employer unilaterally.

Temporarily transfer employees for 1 year and for the period of absence of the main employee. Over time, work can become permanent. At the end of the temporary transfer, the manager is obliged to notify the end of the activity due to the return of the main employee. The notice must be in writing in 2 copies.

Refusal of transfer

The employee has the right to refuse, even if there is reason to transfer. Sometimes there are situations when the employer himself cannot find the right place for the person corresponding to the new working conditions:

1. Failure may be related to medical factors. Then the institution does this: if a transfer of up to 4 months is required, then the employee for this period is suspended from his work without a salary, but with the preservation of the workplace. If the transition is planned for a period of more than 4 months or on an ongoing basis, then with the refusal the labor contract ceases to be valid with it (Articles 73, 77 of the Labor Code of the Russian Federation).
2. During a reduction in company law, an employer must offer a person a different position. If this is not possible or if the employee refuses, a dismissal occurs, about which there is a notification for 2 months.
3. A specialist may lose the ability to carry out his work due to the deprivation of a special right (for example, a driver’s license, license). This person is usually transferred to another position. If the deprivation of a special right occurs for a period of 2 months, then he shall be removed from office without a salary. With the deprivation of special rights for more than 2 months or complete deprivation, dismissal occurs if the person does not want to switch to a new job.
4. A special situation of transferring to another position is considered to be a change in the working conditions of the pregnant employee. This translation is temporary. An employer may offer an available vacancy, but an employee may refuse. If there is no suitable position, the removal occurs with the preservation of income and work.
5. Possible transfer to another location with the company. In this case, with the refusal of the employee from this proposal, the labor contract expires and he is granted severance pay.

Thus, the procedure for transferring by agreement of the parties to another position has many subtleties. Any organization should take into account the norms of the law so as not to violate the rights of workers.