That is why companies are interested in eliminating unprofitable production and optimizing the work of staff to the maximum. Content:

• 1 Transfer to a lower paid job
• 2 Features of transferring an employee to a position with a lower pay
• 3 What is included in the procedure for transferring an employee to a lower-paid job?
• 4 Will there be problems for employers who decide to make such changes?

Transfer to a lower-paid job Transfer to a lower-paid job at the initiative of the employer is always an unpleasant moment for the employee In such conditions, all employers naturally have the question of what to do with specific employees.

The agreement must specify new position(profession, specialty, specific type of work assigned), as well as the date of transfer. Based on the agreement, the employer issues an order (instruction) on the transfer in the unified form N T-5, approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1. If the employer is the initiator of the transfer, then by offering a lower paid position, he can explain to the employee the reason for the change labor function.

However, the employer does not have the right to insist on a permanent transfer.

If the employee does not correspond to the position held: cases of transfer

You cannot force an employee to sign an agreement to transfer to another job. If the employee does not want to move to a lower paid position, then labor Relations continue without change.

It is impossible to issue a copy of SZV-M to a retiring employee. According to the law on accounting, an employer, upon dismissal of an employee, is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contains information about all employees. This means that the transfer of a copy of such a report to one employee is the disclosure of personal data of other employees.
< … Труд после окончания рабочего дня – не всегда сверхурочная работа Если сотрудник регулярно остается после работы, чтобы доделать незаконченные в течение рабочего дня дела, это еще не значит, что ему нужно оплачивать overtime. < …

The next stage is the drafting of a regulation on restructuring in the organization of production, which the employee should familiarize himself with. An employee who does not like the new conditions may refuse, but in this case he will be fired. Any employer can face surprises, and some workers refuse to change conditions and file lawsuits.

In order for the court not to recognize the documents as insolvent, they must definitely be in order, otherwise former employee achieve re-employment. Two months later, the employer must publish an order to transfer a person, amend the previously concluded employment contract and make some amendments to work book. Official dismissal orders are also being issued for those who do not agree with the new conditions.

Transfer of an employee to another position with a lower salary

The dismissal of a particular employee due to refusal to transfer to another job does not deprive a person of the right to receive severance pay, which is prescribed in labor legislation. Regardless of the real motives of the employer, there is a list of legitimate reasons for transferring employees to a lower paid position:

• Transfer to the profession that is more suitable for a person for health reasons (carried out on the basis of an ordinary medical report).
• Translation by decision attestation commission, which will come to the conclusion that the level of qualifications is insufficient for the position held.

Transfer to a lower-paid position in case of reduction

Moreover, the employer is obliged to offer all available vacancies, with the exception of higher positions or vacancies available in another locality (unless otherwise provided by the collective or labor agreement). Thus, the employee may be offered a lower or lower paid position. And with the consent of the employee, he will be transferred to a lower-paid job or a lower position.

Dismissal of a parent of a disabled child: there are features In the case when an organization plans to reduce staff and, among others, an employee who is the parent of a disabled child falls under this reduction, it may be necessary to postpone the date of his dismissal or even keep it for him workplace. < … Старые «прибыльные» ошибки иногда можно исправить в текущем периоде Если организация обнаружила, что в одном из предыдущих отчетных (налоговых) периодов при исчислении налога на прибыль была допущена ошибка, исправить ее текущим периодом можно, только если соблюдены два условия. < … Отказ банка в проведении операции можно обжаловать Банк России разработал требования к заявлению, которое клиент банка (организация, ИП, физлицо) может направить в межведомственную комиссию в случае, когда банк отказывается проводить платеж или заключать договор банковского счета (вклада).

< …

Transfer to a lower position: legal cases and possible violations

Is it possible to transfer an employee to a lower-paid position with his consent

At the same time, a transfer to a job requiring a lower qualification is allowed only with a written employee's consent» Article 73 of the Labor Code of the Russian Federation: “If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, then the employer is obliged to remove the employee for the entire period specified in the medical report from work with the preservation of the place of work (position). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

How to transfer an employee to a lower paid position

• from one structural unit to another within the same company;
• from one locality to another with the employer.

The employer must notify the employee of such changes in advance - two months in advance. If the employee does not agree to such changes, then the employer must offer him another job that he can perform, taking into account his state of health.

Transfer to a lower-paid position without the consent of the employee

The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work. At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery in favor of the employee of the compensation specified in part two of this article.

The decision on the reinstatement of an illegally dismissed employee at work, on the reinstatement of an employee illegally transferred to another job at the previous job, is subject to immediate execution. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of average earnings or the difference in earnings.

Is it possible to legally transfer an employee to a lower paid position?

Will there be problems for employers who decide to make such changes? Employer-initiated transfer to a lower-paying job must have a good reason In the event that an employee files a lawsuit, the employer must have a good reason for transferring the employee to a lower-paid position. Therefore, employers often persuade employees to write an application for the voluntary transfer of a person to another position on their own.

Naturally, an interested employer must offer a person the conditions to which he agrees, but this procedure will not take as long as three months and will save extra time.

Transfer to a position with a lower salary, the employer forces you to write a statement

Employers, having analyzed all possible options, stop on the fact that it is best to either reduce the number of working people, or reduce existing positions and introduce new ones along with them. It is also possible to transfer employees to a completely different specialty instead of the one they previously occupied.

Thus, company executives and human resources managers may need to transfer individual employees to new jobs and at the same time reduce their wages. Actions depend primarily on what the employer is interested in and what he wants to change.

Sometimes changes affect only the place of work or certain mechanisms for the implementation of work duties, but the employee still remains in the same company and does not need advanced training or a change of specialty.

Is it legal to transfer an employee to a lower paid position?

• labor law
• Protection of workers' rights
• Good evening. My sister is currently on leave to care for her little baby (5 months old).
  And so she works as a machinist of the fifth category at the boiler house. But they are now undergoing some kind of complex reorganization.

  She was summoned by the head of the shop that week and said that many employees would be transferred to other types of work. Like, a lot of jobs will be eliminated. And if you want to have a place of work, you have to be patient.

  As a result, they want to transfer her from the position of a machinist of the 5th category to the position of a cleaner of the 2nd category. Like, there are only places left.

Transfer to another job

In case of conflict between the Labor Code and other federal law, as well as local normative act containing norms labor law the Labor Code applies.

How to transfer to a lower position?

The norms of the Labor Code have greater legal force than the Charter of a federal state institution.

Attention

Based on this, the Head of the organization cannot transfer an employee to a lower position and / or a lower-paid job and salary without his consent. Thus, the unilateral transfer of an employee to a lower paid position is illegal.

1. In the event of a transfer to another permanent lower-paid job, regardless of the reason for the transfer, the employee retains his previous average salary for two weeks from the date of transfer.

2. In the event of a temporary transfer of an employee to an easier, lower-paid job, remuneration is carried out in accordance with part one of this article, unless the legislation provides for the payment of benefits for obligatory state social insurance, the amount of which is calculated according to general rules and cannot exceed wages, which the employee received for transfer. A collective agreement, and if the agreement is not concluded by a normative act of the employer, agreed with the elected body of the primary trade union organization (trade union representative), may establish a requirement to maintain the same salary during the entire time of transfer. In this case, the previous salary is determined in accordance with the general procedure established for calculating the average salary.

3. If the wages of said workers in an easier job are higher than those they received before the transfer, they shall be paid wages corresponding to the work being performed.

Article 216

1. Employees performing in the same person, along with the main work, stipulated by the employment contract, extra work for another or the same profession (position) or duties of a temporarily absent employee without exemption from the main job, an additional payment is made for combining professions (positions), increasing the volume of work performed, expanding the service area or performing the duties of a temporarily absent employee.

2. The amount of additional payment for combining professions (positions), increasing the volume of work performed, expanding the service area, fulfilling the duties of a temporarily absent employee is established on the terms provided for by the employment contract, collective agreement.

Article 217

1. Part-time employees receive wages for the work actually performed on a general basis.

Article 218 work time

1. Payment for part-time work is carried out in proportion to the hours worked or depending on the output.

Article 219. Remuneration for work at night

1. Work at night (Part one of Article 125 of this Code) is paid at an increased rate, established by the general, sectoral (intersectoral) agreements, collective agreement, and if the agreement is not concluded by the employer's regulatory act, but not lower than 30 percent of the tariff rate ( salary), official salary(wage rates) per hour.

Article 220

1. Work when dividing the working day into parts (Article 134 of this Code) is paid in the amount of at least 20 percent more than tariff rate(salary).

Article 221

Transfer to another position at the initiative of the employer

Compensation for overtime work and overtime work

1. When time-based form overtime work (Article 140 of this Code) is paid at double the rate.

If during the year an employee worked more than 120 hours of overtime, payment for hours worked in excess of this norm is carried out in a triple amount no later than January 15 of the next year.

Employees working on an hourly wage system and for whom the duration is not set daily work, are paid as overtime for all hours worked in excess of the norm of working hours per week established by law, agreement, collective agreement, in the manner prescribed by paragraph one of this part.

2. In the case of a piecework form of remuneration, work performed overtime is paid at double piecework rates.

3. In the case of applying the summarized accounting of working time (Article 133 of this Code), they are paid as overtime hours worked in excess of the established working time in total for the accounting period in the manner prescribed by parts one and two of this Article. In the event that an employee working on the basis of the final accounting of working hours is involved in work on the day of a state or religious holiday (Article 151 of this Code) and the employee refuses to provide him with another day of rest to determine the duration of overtime work, the time of work on the day of the state and religious holidays is not included in the hours worked, and remuneration is carried out in accordance with Article 222 of this Code.

4. Compensation for overtime work by providing a day of rest (time off) is allowed only in exceptional cases with the consent of the employee.

Recent questions on the topic: ""

Transfer to a lower paying job

I work in a motorcade as a technical controller. From October 1, the administration changes the working conditions, transfers them to a watchman under a contract, is this legal?

Vladimir, Velikiye Luki

Transfer to another position at the initiative of the employer

Lawyer: Elena Barkova

offline now

Good afternoon.

No, it's not legal.

Changing the terms of the employment contract determined by the parties is allowed only by written agreement of the parties to the employment contract (Article 72 Labor Code RF). The Labor Code of the Russian Federation does not contain any restrictions on changing the employment contract by agreement of the parties while the employee is on parental leave.
Changing the structural unit in which the employee works (if structural subdivision was specified in the employment contract) is considered a transfer to another job. Transfer to another job allowed only with the written consent of the employee, with the exception of cases provided for in parts 2 and 3 of Art. 72.2 of the Labor Code of the Russian Federation (Article 72.1 of the Labor Code of the Russian Federation).

according to Art. 74 of the Labor Code of the Russian Federation provides for the possibility of changing the terms of an employment contract unilaterally, at the initiative of the employer, in the event of a change in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons). At the same time, a change in the labor function on this basis is not allowed. Labor function - work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee (Article 57 of the Labor Code of the Russian Federation).

In case of changes in the terms of the employment contract at the initiative of the employer, about forthcoming changes, as well as the reasons that necessitated such changes, the employer is obliged to notify the employee in writing later than two months. At the same time, the employer must have evidence substantiating changes in organizational or technological working conditions and, as a result, a change in the structural unit to which you are transferred or the established wage.

If the employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area.
With absence said work or the employee refuses the proposed work, the employment contract is terminated in accordance with clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Therefore, the employer can send the employee a notice of a change in the terms of the employment contract under Art. 74, but does not have the right to oblige the employee to do or sign anything. The employer can only invite the employee to come to work to conclude an additional agreement to the employment contract.

The head of the enterprise wants to transfer to a lower position (several steps from the head of the group to engineers at once) without my consent. What are my actions?

Ivan, Anna

Transfer to another position at the initiative of the employer

Lawyer: Ilya Veretennikov

now online

Good afternoon Ivan!

The case under which you fell, unfortunately, is not uncommon in our country. According to the Labor Code of the Russian Federation - Art. 72 - the transfer of an employee to a lower paid position is possible only by agreement of the parties, with the exception of cases provided for in Parts 2 and 3 of Art. 72.2. (the effect of natural events and downtime enterprises), but the effect of Art. 72.2. probably not applicable to your situation. The Labor Code of the Russian Federation does not provide for other grounds for the transfer, with the exception of cases provided for in Art. 74 (paragraph 3 - which provides for the right and obligation of the employer to offer you, “including a vacant lower position or a lower paid job”), but this case is most likely not applicable to your situation. Summing up what has been said, we can conclude that most likely the employer is inclining you to dismiss on own will moving you to a lower position. You need to understand one thing - without the agreement of the parties, the transfer is impossible, and if the employer has undergone any structural or organizational changes, he must prove them in order to justify the downgrade. My advice to you is do not sign anything and write a statement in labor inspection in order to have evidence if necessary.

Transfer to a lower paid position

Hello! I work at the beginning factory production. At the end of August, I received a written notification that from August 26, 2014, a part of production structures under direct subordination to the general director, from November 1, they make changes to the management structure by order and, due to the reduced amount of work I do, they come up with a new position for me with a salary that is half the existing one, and also offered a number of other lower positions. I refused in writing all offers. The question is, what further actions can I expect from the employer? Thank you.

Dmitry, Mr.

Transfer to another position at the initiative of the employer

Lawyer: Dmitry Bondaryuk

now online

Hello.

Article 74

In the event that, for reasons related to changes in organizational or technological working conditions (changes in engineering and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changes in the work function of the employee.
The employer is obliged to notify the employee in writing of the forthcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, no later than two months in advance, unless otherwise provided by this Code.
If the employee does not agree to work in the new conditions, the employer is obliged in writing to offer him another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.
In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

If the employer did everything right, then there will be dismissal.

Can a manager accept an employee for one position and then transfer the same employee to another position with a lower salary? How to arrange it correctly? The transfer of an employee is due to the fact that his qualifications do not correspond to his position.

According to the first part of Art. 72.1 of the Labor Code of the Russian Federation, a transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area with the employer. Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for in parts two and three of Art. 72.2 of the Labor Code of the Russian Federation.

An employee can also be transferred to a lower-paid job. According to the fourth part of Art. 72.1 of the Labor Code of the Russian Federation, it is not allowed to transfer an employee to work that is contraindicated for him for health reasons. As we understood from the question, we are talking about a transfer to another permanent job.

Labor legislation contains a requirement that wages comply with new job average earnings from the previous job only for cases of temporary transfer, the need for which is caused by emergency circumstances (parts two to four of article 72.2 of the Labor Code of the Russian Federation). In all other cases, remuneration is made according to the work performed (part one, article 132 of the Labor Code of the Russian Federation). Thus, it is possible to transfer an employee to "another position with a lower salary", if he agrees to this.

The transfer of an employee to another job is formalized, as a rule, by an additional agreement to the employment contract, which specifies all the changes to be made. The agreement must indicate the new position (profession, specialty, specific type of work assigned), as well as the date of transfer. Based on the agreement, the employer issues an order (instruction) on the transfer in the unified form N T-5, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1.

If the employer is the initiator of the transfer, then by offering a lower paid position, he can explain to the employee the reason for changing the labor function. However, the employer does not have the right to insist on a permanent transfer. You cannot force an employee to sign an agreement to transfer to another job. If the employee does not want to move to a lower paid position, then the employment relationship continues without changes.

At the same time, if the employee does not correspond to the position held or the work performed due to insufficient qualifications, the employer has the right to terminate the employment contract with such an employee under clause 3 of part one of Art. 81 of the Labor Code of the Russian Federation. In this case, the discrepancy between the employee of the position held or the work performed due to insufficient qualifications must be confirmed by the results of certification.

In accordance with the third part of Art. 81 of the Labor Code of the Russian Federation on this basis, it is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his health status. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Prepared answer:
Legal Consulting Service Expert GARANT
Komarova Victoria

Checked answer:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan
Company "Garant", Moscow

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. For getting detailed information about the service, contact your manager.

Transfer to another position at the initiative of the employee is his right, enshrined at the legislative level. The main condition for its application is the existence of appropriate grounds.

These include:

Transfer request

If the employee does not have a preliminary agreement with the employer on transferring him to another position or another place of work, he has the right to demand such a transfer only on the basis of a medical report. Otherwise, both parties must agree.

• The state of health, if it does not allow the further implementation of the intended labor function;
• Pregnancy of an employee, feeding a child implies liberation from physical work, performing activities in harmful (dangerous) conditions (read about the transfer of maternity leave to another position);
• Replacement of an absent employee for a certain period of time or permanent replacement of a retired employee;
• Other grounds (including a change in the division of the service).

The procedure for the transfer at the initiative of the employee

The legislation establishes 2 forms of translation - internal transfer to another position (with one employer) and external (implies a change in employer). Regardless of this, the transfer to another job at the initiative of the employee provides for the following sequence of actions:

1. Making an application. It is an expression of the initiative of the employee, sent to the authorities for consideration. The application is drawn up in an arbitrary wording or on the letterhead of the company (if it is provided for by the local regulatory legal act). Content:
   1. transfer request;
   2. the reason for the decision;
   3. documentary evidence (for example, a medical report).
2. Drawing up an agreement containing the terms of the transfer (with the consent of the management). It must be in writing and signed by each party. employment relationship. The agreement is attached to the employment contract and may contain the following information:
   1. conditions for future employment;
   2. payment for a labor function;
   3. working hours;
   4. other working conditions (for example, provision of leave, appointment and payment of bonuses).
3. Issuance of a Transfer Order (based on an agreement between the employee and the employer). Drawing up is carried out according to the form unified by the legislator - T-5 / T-5a. The order is issued by management and signed by the employee. His signature indicates familiarization with the terms of the transfer and further performance of the labor function.
4. Making changes to the work book, the personal file of the employee. Adjustments are recorded based on the order.

The above transfer procedure must be fully observed by both parties to the employment relationship.

Learn more about the procedure for transferring an employee to another position from this video

Transfer to ½ rate

The transfer of an employee to a part-time job at the initiative of the employee is possible if the employee does not cope with the duties assigned to him or he needs additional free time.

The order of such a translation:

1. Drafting an application. It is issued in the name of the director of the company (enterprise) indicating the request for a transfer of 0.5 rates and the reasons.
2. Drafting an employment contract. It should contain new modified conditions for the performance of the labor function (activity schedule, duration working week, payment system, etc.).
3. Issuance by the employer of the relevant Order. It contains information about changes to staffing organizations (enterprises).

At the same time, no changes are made to the personal file or the work book, since the change in the rate does not apply to information implying an indication in this documentation.

Transfer to a lower paying job

Additionally

Also, an employee of the company can initiate his transfer to a permanent position, if before that he performed work on temporary agreement(for example, he worked instead of an employee in maternity leave). The procedure for transferring to a permanent place of work from a temporary one is described in.

Transfer to a lower position at the initiative of the employee is carried out in the same order - an application is drawn up, an additional agreement is drawn up to the contract, an appropriate Order is issued, changes are made to the employee's work book and personal card. Employees of the Labor Inspectorate may have doubts that the transition of an employee to a lower-paid job was carried out by him voluntarily.

To avoid such precedents, it is recommended to indicate the reason for such a decision in the transfer application (for example, family circumstances, old age, etc.). Situations are not ruled out when it is easier for an employee to perform other labor duties and receive less pay than in a higher position.

Still have questions about the transfer to another position at the initiative of the employee? Ask them in the comments

For various reasons, the employer may need to temporarily or permanently transfer the employee to another position. Is it possible to transfer to a lower paid position at the initiative of the employer? Is consent required in this case? Let's figure it out.

Changing the terms of the employment contract

Changing working conditions, including transfer to another position, is possible with the agreement of the employer and employee. However, some exceptions are provided.

You can transfer an employee to another job without obtaining his consent. An important clarification: this can only be done temporarily and in case of emergency. That is, in the event of a catastrophe, an emergency event, an industrial accident, an employee can be transferred to another job, but temporarily, for no more than a month. But even in this case, if the transfer to a lower-paid position is without the consent of the employee, pay, according to labor law, during this transfer, a particular transferred employee will have to pay at least the average salary in his previous position.

The transfer of an employee to another job may be necessary due to health problems - in accordance with the conclusion of the doctors. Is it possible in this case to transfer the employee to a lower paid position?

If the transfer of an employee is necessary temporarily (a transfer for a period of less than 4 months is considered temporary), but the employee does not agree or there are no suitable jobs in the company, then it is necessary to remove the employee from performing job duties but retained his position. That is, a transfer to a lower-paid position at the initiative of the employer cannot be carried out without the consent of the employee. If a longer or permanent transfer is needed, in the event of an employee’s refusal or absence suitable job in the company, the employment contract is terminated.

Transfer to a lower-paid position in case of reduction

During the downsizing procedure, before dismissal, the employer must offer employees a transfer to other jobs. This may be a job corresponding to the qualifications of the employee, but it may also be a job that requires less qualifications and work with salary lower than what the employee received. A prerequisite in this case is the absence of medical contraindications.

In a free form, the employer draws up a document in which he proposes vacant positions. A transfer to a lower-paid position is carried out with the consent of the employee. In order for the employee to indicate his agreement or disagreement, a special line should be provided in the document for this. This document is drawn up by the employer in two copies, one is sent to the employee, and the other remains with the employer with the signature of the employee. This copy, in case of questions, will be proof that the employer offered the employee a transfer. If the employee does not accept the transfer to another job, it is necessary to issue his refusal in writing. A confirmation of the refusal can be a mark in the document with the offer of vacancies received from the employer.

Thus, it is possible to transfer an employee to a position with a lower salary if he agrees to the transfer, even if his position is reduced.

In addition, a situation may occur in the company in which some of the working conditions reflected in the employment contract may change. The employer must notify the employee of the changes and the reasons that caused them at least 2 months in advance. If the employee does not agree with these changes, then the employer is obliged to offer him a transfer, possibly to a position with a lower salary. If the employer has nothing to offer the employee or the employee refuses to transfer, the employment contract is terminated.