Often, the leaders of different companies are faced with the fact that important and significant employees who occupy specific positions in the company stop working on their own initiative, medical indications or for another reason. It is quite difficult to find a new specialist in his place, so that he would not be empty, a temporary transfer of another employee to the vacant position is carried out. The procedure can only be performed with the permission of an employee of the company.
Translation concept
All types of transfers within the same company are listed in Art. 72 shopping mall. It states that it is possible to temporarily transfer an employee to a vacant post until a new employee is found. In this case, some process rules are taken into account:
- the term of such a transfer may not exceed 1 year;
- the transferred employee must draw up written consent to this process, even if it is planned to work in a new position only within a few days;
- the employer must correctly execute such a procedure, for which they issue an appropriate order in form T-5.
If at the end of the term the employer does not take any action to cancel the transfer, and the employee does not want to return to his previous job, then the new position becomes permanent for him.
Types of translations
Employee transfers can be temporary or permanent, as well as within the same company or between different organizations. The circumstances depend on the specific situation. The type of temporary transfer to a vacant position may be due to the following reasons:
- accident in the company;
- the release of another employee holding this position on maternity leave, while the head of the enterprise could not find a replacement;
- on medical advice, an employee holding such a position is transferred to another branch or to another workplace;
- dismissal of employees;
- the occurrence of industrial or natural disasters.
Such a transfer should be carried out for a limited period of time. In the process of drawing up the order, information on the dates is certainly entered. Under such conditions, no changes are made to the employee’s employment contract. But an additional agreement may be drawn up with him.
How is it officially fixed?
Since the person will perform the duties of another specialist for a certain period of time, the head of the enterprise must correctly record the change in job duties, work schedule and other parameters of cooperation. For this, various official documents are used:
- an order to execute a transfer to a vacant position;
- an additional agreement, which lists all the powers and responsibilities that an employee of the enterprise is vested with when transferring to a new position;
- job descriptions.
There are some situations in which translation is permitted even if there is no consent from the employee. This is allowed only in case of various accidents, disasters or other unforeseen events.
Translation term
Temporary transfer to a vacant position must be carried out until another employee is found at this place. This is due to the fact that such a position is free, so you only need to find the right specialist. During the whole time when the search is carried out, another specialist of the company can cope with the tasks.
According to the law, the term of temporary transfer to another position should not exceed 12 months. But in certain situations, it is allowed to extend this period of time. For example, if there is a replacement for an employee on maternity leave. Regardless of the term of the transfer, it is required to correctly perform the procedure, for which the employer draws up various official papers.
Obtaining consent from an employee
Temporary transfer to a vacant position can be carried out only with the consent of the procedure on the part of the employee. For this, the following points are taken into account:
- Initially, the head of the company must offer the employee a translation, for which he transfers to the employee documents confirming the need for this process;
- documents related to this vacant position are provided so that a person can decide whether he can cope with specific job duties;
- if the employee agrees to the transfer, then they will form a written consent.
Consent may be in free form. It is the presence of this document that acts as a safety net for the head of the company, so he can be sure that in the future the employee will not try to challenge the transfer. Consent is drawn up in the name of the director of the company.
Rules for issuing an order
Temporary transfer to another position is certainly accompanied by the issuance of an order by the director of the enterprise. The document is prepared in the form of T-5. The following information is entered into it:
- name and details of the company;
- information about the employee who is being transferred to a new position;
- reason to complete this process;
- the period during which the employee will cope with his duties in the new position;
- the nature of the planned transfer is indicated;
- information is provided about the department into which the employee will go;
- the salary that the employee will receive in this position is prescribed;
- the date of compilation is indicated;
- signed by the head.
The transferred employee is familiarized with this document for signature. After that, an additional agreement is drawn up to the employee's employment contract. It indicates what duties will be performed by the employee in the new place. If necessary, the necessary information is entered into the accounting records of the enterprise. A copy of the order is attached to the personal file, which confirms the temporary transfer of the employee to a vacant position. If the rules of the process are violated, then the actions of the employer can easily be challenged.
Particular attention should be paid to issuing an order on the temporary transfer of an employee to a vacant position. A sample of this document can be studied below.
Rules for drawing up an additional agreement
Even with the temporary transfer of a temporary employee to a vacant position, it will be necessary to draw up an additional agreement to the existing employment contract. This is due to the fact that the specialist will have to cope with duties that are not provided for by his previous contract. When forming the agreement, the rules are taken into account:
- it directly indicates why the employee’s working conditions are changing;
- all duties and powers appearing for an employee in a new position;
- the document is drawn up in two copies, which are then signed by the head of the company and the employee;
- these agreements stamp the company;
- the validity period of this document must coincide with the period for which the transfer is made.
Before signing such an agreement, the employee must make sure that the document is drawn up correctly.
Is any information indicated in the work book?
Company executives must understand how to properly arrange a temporary transfer to a vacant position. To do this, it is important to correctly prepare official documents. Based on Art. 66 TC temporary transfer is not a significant event, which should be noted in the work book.
Therefore, when performing this process, it is not required to make an entry in the work book. But if after the end of the established period the employee continues to carry out activities in a new position, then it becomes for him a permanent place of work. In this case, the temporary transfer becomes permanent, so the relevant information is entered in the work book.
At the time of making the entry, the date when the employee actually entered the new position is taken into account. Therefore, a record is made after the employee has worked for some time in a new place. The document contains information on the order on temporary transfer to a vacant position, as well as on the order on permanent transfer, which must be additionally issued by the head of the enterprise.
How does an employee return to a permanent job?
As soon as the deadline for which the employee was transferred to a vacant position expires, he is returned to his former place of work. This is done at the moment when the director of the company finds another specialist for this free place of work. The legislation does not have clear requirements for how the return of an employee to his previous activities is correctly formulated.
Specialists recommend issuing another order for these purposes. This document is signed by all interested parties so that no disputes arise in the future. The order may be issued in free form. It includes the following information:
- information about the company and a specific employee;
- information is provided that the employee is returning to his previous position;
- the date of return is indicated;
- the position that a person held temporarily is prescribed;
- Signed by the head of the enterprise and the employee himself.
Be sure to familiarize yourself with this document by the employee of the enterprise.
Can a translation become permanent?
After the expiration of the period for which the employee was transferred to a vacant position, it is required to correctly execute his return to his previous job. If the employer does not take any actions for this, then the transfer automatically becomes permanent, therefore, the relevant information must be entered in the employee’s work book.
Under these conditions, another additional agreement to the employment contract is drawn up. It states that the translation becomes permanent. The head of the company issues another order.
Since the transfer was carried out to a vacant position, such a transition becomes permanent only after one year. Without proper execution of various documents, such a procedure can easily be recognized as illegal.
Can an employee refuse?
Any transfer without good reason can be carried out only with the consent of the employee. If there are various disasters or production needs, then even in this case, transfer without consent is possible only for one month, after which the employee must return to his previous work.
If a person does not agree to work in a vacant position for a limited period of time, then for this the employer has no right to bring him to disciplinary liability or to forcefully terminate the employment contract with him. Under such conditions, the employee may complain to the labor inspectorate or prosecutor's office. If the director is blackmailing or threatening, you will have to make a statement to the police. In order to recover compensation for non-pecuniary damage, a lawsuit is filed in court.
Conclusion
A temporary transfer of an employee to a vacant position may be necessary for various reasons. The procedure should be carried out with the simultaneous preparation of various official documents. Be sure to require consent to the transfer from the employee of the company.
You can transfer to a vacant position for a maximum of one year. After that, it is allowed to reissue a permanent transfer. It is necessary to observe all the nuances of this procedure, this will allow the employer to avoid problems with the law.