Labor Code of the Russian Federation: transfer to another job

The personnel department often draws up the transfer of the employee to another job. This may be due to the will of the head of the unit or company to raise the employee on the career ladder, or the intention of the citizen to transfer to a vacant position. Sometimes company management is simply obliged to offer an employee a translation. In the article we explain what the concept of transfer to another job means. The reasons for the change of activity can be varied. The process of staffing a translation is always the same.

What is a translation?

Transfer to another job means a change in the work functions of a person. It is possible to change the department or group in which he works, if it is prescribed in the labor contract.

Types of transfers to another job are temporary and permanent.

New job forever

Permanent transfers can be:

• to another position in the same company;
• to work in another region, city, settlement;
• to another employer.

Transfer to another permanent job means:

• Permanent change in the work functions of the employee, and, possibly, at the same time of the unit (department);
• moving to another entity, a city, together with a company.

The legislation separately prescribes cases of mandatory offers to transfer to another place on an ongoing basis. If such situations arose, then the manager must find the employee:

• vacancy or work according to his qualification (profession);
• a vacant position of a lower level or less paid work, suitable for the state of health of a citizen.

The employer must take into account all the vacancies in the given territory and inform the employee about them. He has the right to offer vacancies in other entities, settlements, if it is prescribed in a collective agreement or an employment contract.

Transferring an employee to another job on an ongoing basis is possible only by mutual agreement of the parties.

The initiator of the transfer to another vacant place may be any party to the legal relationship.

The legislation in the field of labor relations does not stipulate paperwork in the process of negotiations between the parties and does not prohibit this. Documents may serve as grounds for concluding an agreement in writing.

All permanent transitions are possible only with the written consent of the employee (for example, a written agreement). The work function of a citizen changes forever, so it is necessary to sign a new labor contract with an employee. A transfer order must be submitted against signature to the employee (three days).

The transition with the tenant to another locality is a significant change in the terms of the employment contract. The initiator of change is always the employer. He must notify the employee in writing about this two months in advance. Upon receipt of a refusal, he must dismiss the employee with the payment of severance pay.

A feature of transferring to another place of work to another employer is the need for the consent of the former employer. If consent is not obtained, the employee can resign himself and get a job with a new employer.

New tenant

The transfer of an employee to another job in another organization can be caused by a number of reasons:

• The need for an enterprise.
• Terms of remuneration.
• Professional growth of a citizen.
• Intention to take a vacancy.
• Discontent of the employer or immediate supervisor.

Transfer to another job in another organization can be carried out at the request of either side of the employment relationship. The main point is the acceptance by the employee of a transfer to another job, confirmed in writing. External translation is not the same as other types, because:

• relations with the organization at the previous place of work are terminated;
• activity begins in a new team.

For the translation procedure are not important:

• legal form of employers (former or future);
• number and data of founders.

Branches of the company, wherever they are, are not another legal entity. A transfer between branches is not a transfer to another organization.

With an external transfer, you must:

• terminate existing legal relations;
• conclude another contract.

It is not allowed to sign an additional document to the main contract in this case. Three parties are involved in the external transition: a citizen and two employers. To complete the transfer, the consent of all participants is required, and preferably in writing.

Stages of transfer to another job (sample actions):

• Correspondence is the beginning of the translation process. It occurs between organizations. One side asks the other to transfer a person. An interested employer draws up an invitation to a future employee containing a proposal to transfer to his company.
• The next step is the will of the employee to move. Consent can be given either orally or in writing (the employee’s own signature on the proposal to move to a new company, an application for the dismissal of the employee or the termination of the employment contract). An invitation letter from the new employer may be attached to the letter of resignation as proof of firm intention.
• Obtaining consent to the dismissal of an employee from the employer is often the most difficult step. A company may or may not give consent. The employer may not wish to lose a hard-to-replace employee and impede the order of transferring to another job to competitors. In this case, the citizen has the right to write a statement on the termination of activity at his own request, work two weeks and leave. The employer, with the consent to the transition, must confirm the intention by order to dismiss the existing employee of his company. Further, the transferred employee is made an appropriate entry in his workbook.
• The final stage is the final settlement in cash and the issuance of personal documents. Settlement from employees occurs on the day of dismissal. If a person has not received earnings on the last day of work, then he must come for them the next day after sending an application for financial compensation. Lack of funds for settlement cannot be a reason for non-payment of money to a citizen.

If the initiator of the transfer is an employee, then a written statement about this is required from him.

A transferring citizen may ask for an invitation from a future employer that will guarantee the conclusion of a new labor contract within a month from the date of the document and possible financial assistance to the employee. The desire to inform the management of the company where the citizen wants to work. A personal book will indicate the completion of the transfer at the initiative of the employee. The inviting party shall not:

• establish a probationary period for a person;
• refuse the offer of an employment contract.

The transfer to another job may be accompanied by an urgent requirement of the management to work out the two-week period prescribed by law. This will provide an opportunity to find another specialist for a vacant job.

The reason for the transition from one organization to another is often a partnership agreement between two companies. This happens when one enterprise is going to cease operations and, in order to provide its employees with jobs, is negotiating with other employers about the possibility of applying for vacancies. The head of the company sends another employer a written request with a partner request to accept a specialist who has proved himself to be in the organization. The request may contain a request for the transfer of several specialists. The management of the host company writes its professional judgment after receiving and reading the request, containing either an invitation or a refusal to accept.

Advantages of translation are:

• Warranty of the device to work.
• No test period.

These guarantees will be valid if you apply to the future employer one month after leaving your previous place, but no later than the specified date.

A negative aspect of the transfer is the ability of a new employer to determine their size and type of remuneration.

When transferring to a new place of work, you need to weigh all the pros and cons (pros and cons) so that you do not regret your decision and experience unforeseen financial difficulties. The new employer may set his own working conditions or dismiss the new employee if desired.

Temporary change of activity

Temporary transfers to another job:

• By mutual desire of the parties for up to a year. It is in writing.
• To work instead of a temporarily non-working employee.

If, after completion of the transfer, the citizen will not be given the previous place of work, and he will not insist on providing it and will continue to work, then the agreement on the inconsistent nature of the transfer is considered permanent. This is a feature of temporary transfers.

• Transfer in case of industrial or natural disaster and in any other unforeseen cases that threaten the life and health of the local population. In the presence of these circumstances, the employee of the enterprise without his consent can be transferred to work not specified by the employment contract with the same employer to prevent life-threatening conditions or eliminate their consequences. Transition period should be no more than a month. There are exceptions to this category. A transfer of an employee without his consent for a period of up to a month is also possible in cases of lack of work, the need to carry out procedures for saving assets or replacing a temporarily unemployed employee, if the simple or the need to save property or replacing a temporarily unemployed person is associated with unforeseen man-made or natural phenomena. At the same time, a temporary transition to another job requiring a lower professional level is possible only with the consent of the employee, given in writing. With these transfers, wages to employees are calculated according to the work performed, but at the level of the average earnings from the previous work.
• Translations by physical condition.

The state of the employee divides the transfers into the following types:

• If, according to a medical certificate, a person needs a temporary transfer to another job for a period of up to four months. The employer is obliged to ensure a quick transition of the employee to another rate available to him, suitable for the person due to health reasons. If a person does not accept the transfer, the employer is obliged to remove the citizen from all his work with the preservation of the place for the entire period specified in the medical report. During the absence of work, earnings are not paid, except in cases regulated by adopted laws, the collective agreement of the company, and the labor contract.
• If a person needs a temporary change of residence and transfer to another job, respectively, for a period of more than four months or on an ongoing basis. The employer is obliged to notify the employee of the available vacant positions in his company, which are not contraindicated to the citizen due to health reasons. If the employee does not accept them or the company does not have the corresponding positions, the labor contract is terminated.
• Transfer of women in position. At their request, pregnant employees are reduced production rates or these employees are transferred to another job without losing the average wage. Prior to the provision of another place of work, the employee shall be relieved of work.

Translation Negotiations

Consider the basic rules of paperwork:

• An employee contacts the supervisor with a written request for a transfer. His application is registered as an incoming document, which is sent to the head of the organization, having the right to sign such documents. The manager endorses the statement. In the case of a positive decision, an agreement to the labor contract and an order are drawn up.
• The presentation of the transfer takes place in case of an increase in the official level. Transfer is carried out with the consent of the employee. The view is recorded in the incoming documentation journal. The submission is sent to the manager, who has the right to make personnel decisions. The decision is drawn up by a resolution of a superior.
• When sending a proposal to transfer to another permanent job, it is necessary to indicate the job function, salary and other conditions. The employee accepts the offer by sight of the document.
• When transferring an employee to another entity, the city, together with the employer, a notice is issued. It is sent to the employee. If agreed, he puts a visa about his decision on the document.

The procedure for transferring an employee to another job largely coincides with the procedure for hiring. In particular, during medical examinations.

Medical check-up during translation

The main steps when sending an employee for a medical examination:

• In the direction of a medical examination, the reasons for the referral are described. The form of the document is not established by law. It may be provided for by contract. The direction is signed by the head of the organization or an employee of the personnel service.
• The direction for inspection is recorded. Date and registration number are written down on the letter.
• A referral is issued to a citizen sent for inspection. The document is presented to the doctor of the institution. A medical examination is carried out within a month from the date of the employee’s request.
• The employer receives an opinion on the survey and evaluates its results. The report must be signed by the doctor and have the seal of the institution.
• If the employee is not allowed to work, a copy of the commission’s conclusion is sent to the employer within three days. The original conclusion shall be issued to the employee.
• Further processing of transfer to another job is possible only if the employee is recognized as fit.

Acquaintance with documents

In cases of transfer to another job, acquaintance with the regulatory documents of the company is not necessary. HR specialists consider it important to re-familiarize the employee with all the basic documents describing his activities after moving and obtaining consent to transfer to another job, but before signing up for an agreement on transferring to another position.

The process of familiarizing the employee with the documents of the employer during the transfer is the same as with standard employment. Familiarization is not regulated by labor law. Two requirements are described in normative documents: familiarization should be signed and carried out before signing an agreement to a labor contract.

This requirement can be fulfilled as follows:

• Attach familiarization sheets to all developed regulatory documents of the employer and the collective agreement, where employees must put their own signatures, the date of reading the document and the transcript of their visa.
• Make a journal to familiarize employees with the developed regulatory documents and the collective agreement.
• Make a list of documents required for familiarization before transferring to another permanent job, bring it to the attention of each head of the unit, and issue study visas. Next, attach this list to the agreement, additionally drawn up to the employee’s labor contract.

Translation Design

There is no universally accepted form of agreement to an employment contract. It is developed in writing by the tenant and is signed twice.

An agreement on transferring an employee to another permanent job should include:

• job level;
• structural subdivision;
• working conditions.

The agreement to the labor contract for the transfer must be endorsed by the two parties to the relationship. An employee’s consent to transfer to another job is required.

The agreement is recorded in the journal of administrative documents and amendments to them. When registering, the date and serial number are affixed to the document.

After the parties sign the agreement and register it, the employee must make a note that he was handed a copy.

A copy of the tenant is stored in the personal file of the employee (at least five years after dismissal).

Issuing an order

Translation is always and everywhere executed by administrative document on transfer to another work of the employer. The administrative document shall indicate the place of work (old and new), the size of the remuneration of labor, a reference is made to the agreement of the parties to the labor contract.

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