Most of the work of the personnel department is to a certain extent related to resolving issues that arise during the execution of the redeployment of employees in the company. As a rule, it is undertaken by the head to increase the effectiveness of the professional potential of employees. Meanwhile, the redeployment of personnel (synonym - regrouping) should be carried out strictly in accordance with legislative norms. General provisions regarding the movement of employees within the enterprise are established in the Labor Code. Let us further consider what constitutes a personnel reshuffle in an organization.
General information
Rearrangement of personnel is a normal occurrence for the life of almost every enterprise. The TC provides for the possibility of transferring employees to another place (within the enterprise) on a permanent or temporary basis, to another unit, to another position, and so on. In this case, the employer must comply with a number of conditions established in the Code. Otherwise, his actions may be recognized as unlawful.
Employment contract
Relations with the employee begin at the time of concluding a contract with him. This document contains key provisions regarding its activities in the enterprise. The inalienable points in the contract are the determination of the limits of the citizen's labor use, as well as a description of the direct functions that he will perform. Rearrangement of frames will mean a change in these conditions. In accordance with the Labor Code, they must be documented. It is worth noting that the employer's ability to transfer and move his employees is rather strictly limited by the Code.
Background
As a general rule, personnel changes are possible at the enterprise with the written consent of employees. Meanwhile, the move initiative may come from the employee himself. For example, an employee submits an application for transferring him to one-shift work with three-shift work, in connection with the need to combine professional activity with training. Rearrangement of frames can be initiated by the employer. For example, based on the results of certification, a decision was made to transfer an employee to another position. Thus, for example, there is a rearrangement of personnel in the Ministry of Internal Affairs. The movement of workers may be caused by reasons independent of the parties. For example, it may be the need to reinstate an employee who previously performed professional duties.
Special cases
Sometimes rearrangement of personnel is charged to the employer as a duty. For example, an employee refuses to continue professional activities in the conditions amended according to Art. 73 TK. Translation is mandatory in the following cases:
- Inconsistencies of the employee of the position held or work performed due to insufficient qualifications. This fact must be confirmed by the results of certification.
- Deteriorating health status of an employee. This must be confirmed by a competent medical institution.
- Violations of the procedure for concluding a contract.
- Achievements by an employee of the age limit for filling certain categories of posts.
- Conducting staff reductions or staffing.
The nuances of the law
Regardless of the above circumstances, the rearrangement / transfer of employees should be carried out with their consent. In addition, the employer must take into account the provisions of Art. 57 and 9 TK. In accordance with them, the new working conditions should not worsen the position of the employee compared to the previous ones. It is also worth mentioning the rules of Art. 182 of the Code. In accordance with it, when transferring an employee due to his health condition to another lower-paid job at the same enterprise, he retains the average earnings that he received in the previous place for a month. If the displacement was caused by an injury, then the salary continues to be paid in the same amount as before, until a permanent disability or recovery was established. Such rules apply to all enterprises without exception: it does not matter whether personnel are being redeployed at Russian Railways or at any retail store.
Decor
According to Part 4 of Art. 57 TC, when transferring an employee, an appropriate agreement must be drawn up. It is an annex to the employment contract, amending its terms. The agreement is drawn up, of course, in writing. Based on this document, the head of the enterprise issues an order. The employer must familiarize the employee with him under signature. In addition, a corresponding mark is made in the employee’s work book. Regardless of the scale, legal type, specifics of activity, these rules apply to all enterprises where personnel are redeployed (Russian Railways, DOU, VUZ, a manufacturing enterprise for the production of bearings, and so on).
Temporary Transfer
Above were considered the rules regarding the movement of employees to a permanent place of professional activity. A slightly different order is provided for a temporary rearrangement of frames. So, if an employee is transferred to another place for a limited period, he retains his previous position, to which he was assigned. Temporary movements, as well as permanent ones, can be initiated by any party to the labor contract. For example, under Art. 254, norms for working out are reduced for pregnant employees, or they are transferred to another job, the performance of which eliminates the negative impact of harmful production factors. Moreover, the average earnings from previous activities are maintained. A similar rule applies to women with children under 1.5 years of age. They can be transferred to another job until the child reaches the specified age. At the same time, they also retain their previous average earnings. In Art. 74 TC also provides for the transfer of an employee in connection with the production need for a period of up to 1 month. to work not related to his main duties. Moreover, a new activity should not be contraindicated for health reasons and should be carried out within the enterprise.
The specifics of temporary movements
When transferring employees to another job for a specific (short) term, their consent is not required. The exception is cases when a transfer to a position requiring a lower qualification level is carried out. In this case, under Art. 74 TC manager must obtain written consent.
Terms
Temporary movements are considered as certain exceptions to the rules. Meanwhile, their implementation is possible subject to compliance with requirements that limit the capabilities of the employer. Among them, the following should be noted:
- The length of stay at a new job cannot be more than 1 month.
- Temporary transfer is allowed only if necessary.
In the latter case, it is, in particular, about the prevention of a catastrophe, accident, accident, damage or destruction of material assets, equipment downtime. Production need may be related to the replacement of an absent employee. Regardless of the reason for the transfer, a new job should not be contraindicated to the employee. This is confirmed by a relevant certificate from a medical institution.
Additionally
In h. 6 Article 414 TC provides one important right for the employer. In accordance with the provisions of the article, in the event of a strike, the employer can transfer employees who did not take part in it, but in connection with its beginning they cannot fulfill their direct duties stipulated in the employment contract, and declared the outage in writing. In this situation, the general rules established in the TC for temporary movements of employees apply. As for the design of temporary permutations, a somewhat simplified system operates here. In particular, the head issues the relevant administrative document, which indicates the conditions of the transfer. Since employees retain their previous jobs, the terms of the employment contract remain unchanged. Accordingly, an additional agreement is not concluded. It is not required to enter any marks in the work books.