Transfer to another job- permanent or temporary change in the labor function of the employee or the structural unit in which the employee works (if structural subdivision was specified in the employment contract).

As can be seen from the definition, there are also permanent transfers.

Constant transfers to another job

Constant transfers:

• transfer to another job or position with the same employer;
• transfer to work in another area together with the employer;
• transfer to another employer.

All permanent transfers to another job are permitted only with the written consent of the employee, usually obtained in the form of an application. But it is not prohibited to use other methods, for example, a written transfer agreement. Based on the fact that labor function employee changes permanently, it is advisable to sign a new one with the employee employment contract. The transfer order is submitted against signature within three days.

A special feature of transferring together with the employer to another location is a significant change in the previous terms of the contract, and since the initiator of such changes is always the employer, he must notify the employee in writing two months in advance and, in case of refusal, will terminate his employment under clause 9, part 1, art. 77 of the Labor Code of the Russian Federation with payment of severance pay in accordance with Art. 178 Labor Code of the Russian Federation.

The peculiarity of transferring an employee to permanent job to another employer is that the previous employer must agree to this and terminate the contract at the previous place of work under clause 5 of Part 1 of Art. 77 Labor Code of the Russian Federation. If agreement is not reached, the employee may resign according to at will and get a job with another employer (but in this case there will be no transfer).

1. Translation by agreement of the parties, concluded in writing for a period of up to one year;

2. Transfer to replace a temporarily absent employee, who, in accordance with the law, retains his place of work - until this employee returns to work.

The peculiarity of these two transfers is that if, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent;

3. Translation in case disasters of a natural or man-made nature, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any other exceptional cases threatening the life or normal living conditions of the entire population or part of it.

If data is available force majeure an employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent mentioned cases or eliminating their consequences.

There are exceptions to this type: transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or replacement of a temporarily absent employee, if downtime or the need to prevent destruction or damage to property or replacement of a temporarily absent employee is caused by emergency circumstances. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.

When transferring this category, the employee is paid according to the work performed, but not lower than the average earnings for the previous job;

4. Transfers for health reasons:

a) If the employee needs, in accordance with a medical report, a temporary transfer to another job for a period of up to four months.

An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons. If the employee refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his place of work (position) (Article 76 of the Labor Code of the Russian Federation). During the period of suspension from work wage the employee is not accrued, except in cases provided for by federal laws, collective agreements, agreements, and employment contracts.

b) If the employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer.

An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons, and if the employee refuses the transfer or the employer does not have the appropriate job, an employment contract terminated in accordance with clause 8, part 1, art. 77 Labor Code of the Russian Federation.

c) Transfer of pregnant women.

For pregnant women, in accordance with a medical report and at their request, production standards and service standards are reduced, or these women are transferred to another job that eliminates the impact of adverse production factors, while maintaining the average earnings for their previous job.

Until a pregnant woman is provided with another job that excludes exposure to adverse production factors, she is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer.

Transfer to another job - 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code. At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code). Relocation from the same employer to another does not require the employee’s consent workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties. It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Legal advice under Art. 72.1 Labor Code of the Russian Federation

Fedor Prosvirov

driver working for passenger car offer to work in the second half of the day on a heavy-duty vehicle (order for moving

Anastasia Pavlova

a driver working in a passenger car is offered to work the second half of the day to work in a heavy vehicle (order as a movement

• Question answered over the phone

Daria Veselova

Good afternoon. I work as a doctor in a city clinic (a structural unit of one legal entity). Due to production needs, they want to transfer only the locality of an urban-type settlement of another district to the same position. is located 60 km from the previous one. Is it possible without my consent?

• Question answered over the phone

Alexey Pershukov

Hello. Please tell me whether an employee with a Management diploma can be transferred to the position of a quality department specialist or a quality department engineer without technical education? : 11:00 - 13:00

• Question answered over the phone

Valery Shutovykh

Will moving to another place of work be considered a transfer? Will moving to another place of work in the same department be considered a transfer if the salary changes significantly (with piecework wages)?

• Lawyer's answer:

  If it is simply a transfer to another place of work in the same department, then this is not a transfer, but a transfer, according to Article 72.1. Labor Code. "...It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, to assign him work on another mechanism or unit, if this does not entail a change in the working conditions determined by the parties agreement." In this case, in your case, wages change - an essential condition of work, that is, your consent is already required. Article 72. (as amended by Federal Law No. 90-FZ of June 30, 2006) Changing the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, except for cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing. That is, you need to focus not on the fact that this is a transfer (because it is a movement), but on the fact that this is a change in the essential conditions in terms of payment, which requires your consent and the execution of such a change in writing.

Oksana Fedotova

transfer or relocation at work

• Relocation or transfer - the employer must be guided by Articles 72.1 and 72.2 of the Labor Code of the Russian Federation. If your employment contract does not specify a specific area as a workplace, then this is relocation. Issued by order. Your consent is not...

Yulia Sukhanova

What is the difference between a transfer and a relocation of an employee?

• Lawyer's answer:

• Polina Mikhailova

  Moving a pregnant woman to another place of work without consent.. This is the situation. Please be understanding. There was a threat of miscarriage for 8 weeks, they admitted me to the hospital for conservation, and after the hospital they extended the sick leave for another 4 days. To which the manager said that he was transferring me to another workplace (the region and position are the same) on the basis that if I suddenly get sick, my colleagues won’t be able to cope. The problem is. My income is salary +%. The percentages at my place of work and where they want to transfer make a huge difference. My total income is about 35-40 thousand, where 25 will be transferred is the ceiling. In my situation (and in any other person) money is not superfluous. Tell me how to maintain the average income. If possible with articles or excerpts/quotes, a serious conversation is ahead (((

  • you don't have a translation easy work for medical reasons, so the average salary will not be maintained. movement does not require consent.

Inna Ponomareva

HOW to transfer a free website created on ucoz to a paid domain.ru

• in the settings... Transfer to another domain... or something like that

• in no case, there must be an order + an entry in the labor record, even if they moved from the next room... or the name of the institution changed....

Veronica Vasilyeva

What walks across the field and does not move? the answer should be simple to translate into another language

• The meaning will not be preserved no matter how simple the answer is. King on reversal.

Inna Kudryavtseva

Please tell me how to transfer an employee to another position in the personnel program?

• documents - other personnel orders - personnel transfers

Boris Bovin

Question about transferring a website from one hosting to another

Egor Dryagin

|> I can't transfer money to another wallet! |>it displays Protected payments are prohibited or the movement of money is indicated

• The following certificate is needed. You have a formal one, you need a PERSONAL one, it costs 15 USD. look for a solution on the Internet

Kristina Vasilyeva

Can I be transferred without my consent to work from one hospital to another? I work in a rehabilitation center for drug addicts, can I be transferred to another building for patients in acute condition without my consent, and the position will be similar.

• Lawyer's answer:
  • Lawyer's answer:

    Article 72.1. Transfer to another job. Relocation (introduced by Federal Law No. 90-FZ of June 30, 2006) 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 specified in the employment contract), while continuing work with the same employer, as well as transfer to work in another area together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code. At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code). The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties. It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Arthur Kuzmin

Transfer to another job. Can an employee be transferred to another job in the same enterprise without the employee’s consent and without an order?

• Lawyer's answer:

  Transfer to another job is possible only with the written consent of the employee. The transfer of an employee to another job should be distinguished from his movement from the same employer to another workplace, to another structural unit located in the same area, or assignment of work on another mechanism or unit. Such movement is in accordance with Part 3 of Art. 72.1 does not require the consent of the employee, unless this entails a change in the terms of the employment contract determined by the parties. The main thing is that there is no change in the conditions fixed in the employment contract. The employer just needs to issue the appropriate order and familiarize the employee with it against signature.

• In accordance with Art. 72.1 of the Labor Code of the Russian Federation, 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 labor...

Alexey Ovdokin

Labor law. What is the difference between relocation and transfer to another job...? Explain in human terms, otherwise I’m confused....

• Transfer is when responsibilities change. But the movement and responsibilities remain the same, the place of the slave (workshop, site) changes.

Margarita Andreeva

Now I work in the department electronic document management want to transfer to technical support Is this legal?. Good afternoon! Now I work in the electronic document management department. They want to transfer me to technical support. The employment contract states “Technician, Automated Systems Department, Information Technology Department,” when the transfer will be “Technician, OTPP Department, Information Technology Department,” is the transfer legal or should there be a transfer? The structural unit as I understand it is "Management information technologies" new department "OTPP" old department "electronic document management" The consultant has the following... Relocation Relocation does not entail a change in the conditions fixed by the parties in the employment contract. The meaning of the relocation is that the employer provides the employee with another workplace, or transfers him to another structural unit (provided that the structural unit is not specified in the employment contract) Question: if the department changes, should I be notified 2 weeks in advance and offered another position, or can they simply transfer? I doubt it, but it seems to me that if the department is specified in the contract, they cannot transfer me, but just move with all the ensuing consequences?

• Lawyer's answer:

  In your case, in my opinion, we should talk about transferring to another job. You must be notified of this transfer no later than 2 months in advance. Good luck. Article 72.1. Labor Code of the Russian Federation. Transfer to another job. Relocation Transfer to another job - 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job locality together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code. At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code). The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties. It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons. Article 74. Changes in the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions In the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons) , the terms of the employment contract determined by the parties cannot be preserved; they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code. If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work 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. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, or employment contract. With absence said work or the employee refuses the proposed job, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of this Code. In the event that the reasons specified in part one of this article may lead to mass dismissal of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization and in the manner established by Article 372 of this Code, to adopt local regulations , introduce a part-time working day (shift) and (or) part-time working week for up to six months. If an employee refuses to continue working part-time (shift) and (or) part-time work week, then the employment contract is terminated in accordance with paragraph 2 of part one of Article 81 of this Code. In this case, the employee is provided with appropriate guarantees and compensation. Cancellation of the part-time working day (shift and (or) part-time working week earlier than the period for which they were established is carried out

Anna Morozova

To the personnel department of the university. How to correctly prepare documents for a transfer from a rate of 1.0 to 0.8 at the initiative of the employer n. How to correctly prepare documents for a transfer from a rate of 1.0 to 0.8 at the initiative of the employer for a period of less than 1 year? Employer - university. The HR department tried to draw up an agreement twice, but after consultations with lawyers, I refused to sign it. At the beginning of this academic year, they signed an agreement with me at 1.0 rate for a period of 5 years. A month later, the university administration changed the workload for teachers. from 750 hours to 900 hours per year. The salary was also increased. The actual workload of teachers remained the same, so instead of 1.0 rate it became 0.8 rate. The HR department offered to apply for a 0.8 rate, as if this was being done at my request. At first I agreed and wrote an application, but then I consulted with a lawyer and took the application back. The main objection is that I am being transferred to a 0.8 rate for all 5 years, which is not profitable for me. How to conclude an agreement so that the term of the transfer to 0.8 rates is until August 2014, and the term of the entire contract is until August 2017, i.e. my transfer to a part-time rate should be for a certain period, less than 1 year.

• Lawyer's answer:

  Article 72. Change in the terms of the employment contract determined by the parties. Change in the terms of the employment contract determined by the parties. Transfer to another job. Relocation Transfer to another job - 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job locality together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code. At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code). The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties. Article 72.2. Temporary transfer to another job By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with According to the law, the place of work is preserved until the employee returns to work. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent. You need to protect your rights first of all yourself, and not create a situation where you yourself help your employer break the law.

Andrey Karandeev

wife went to work after maternity leave. My wife went back to work after maternity leave (up to 3 years) and was told that you would work in a different position (I was a full-time nurse, but became a medical nurse), although the position was not reduced, is this legal? and what to do? R.S. did not write any statements. Thank you

• Lawyer's answer:

  You need to contact the State Labor Inspectorate at the location of the employing organization in the Southern Administrative District (SAD). The following norms of the Labor Code of the Russian Federation were violated: Art. 256. Parental leave ...During the period of parental leave, the employee retains his place of work (position). Art. 72.1. Transfer to another job. Transfer...Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code. and further: The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, to assign him work on another mechanism or unit, if this does not entail (HITCHED BY MY) changes in certain parties to the terms of the employment contract. You clearly have a fact of CHANGE IN THE CONDITIONS OF THE EMPLOYMENT CONTRACT

  The Labor Code of the Russian Federation does not require the consent of the employee if this does not entail a change in the terms of the employment contract determined by the parties. In other words, a change in a workplace or structural unit can be recognized as a relocation only if, when concluding an employment contract, this specific workplace (mechanism, unit) or structural unit was not specified and is not provided for in the employment contract. If a specific workplace (mechanism, unit) or structural unit is specified in the employment contract, then it is its mandatory condition and, therefore, can only be changed with the written consent of the employee.

Egor Sidorov

transfer to a new workplace. In theory, a transfer order should be issued. So, IS THE EMPLOYEE INFORMED ABOUT THE TRANSLATION IN WRITTEN?? ? That is, after an application for transfer from an employee, how should the employer notify the employee in writing?

• Lawyer's answer:

  the order is required upon signature, with the consent of the employee, but not everything is considered a transfer. A transfer to another job should be distinguished from moving an employee to another workplace. In accordance with Article 72.1 of the Labor Code of the Russian Federation, the following is not a transfer to another permanent job and does not require the consent of the employee: · moving him from the same employer to another workplace; · moving it to another structural unit located in the same area; · entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties. In this case, the employer is prohibited from transferring or relocating an employee to a job that is contraindicated for him due to health reasons.

Pavel Limarenkov

leave of a part-time worker who has become the main employee. On 09/2012 I was hired as a part-time worker (full-time) because I moved to 0.5 pay in my main position. On December 1, I quit my job and switched to the main job, where I was a part-time worker (without a dismissal procedure). I was told how to calculate vacation. that only from December 1.. and where did the 3 months of combined work go?

• Lawyer's answer:

  How is this “without a dismissal procedure”? Translation or what? If so, then this is a grave mistake. Article 72.1. Transfer to another job. Relocation Transfer to another job - 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job locality together with the employer. You should have been fired, placed on work book employment record dated December 1, which most likely happened (since you are told that the right to leave arises from December 1) Therefore, your right to leave begins to be calculated from the date of admission. Three months have not gone away, they remained in another employment contract, executed part-time, upon dismissal you should have been paid compensation for three months worked.

  Including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing. Article 72.1. Transfer to another job. Relocation Transfer to another job - 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job locality together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code. At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code). The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties. It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Evdokia Stepanova

Please tell me. (question inside). When transferring from the Head Office to a branch, are the salary and additional payments retained for the same position held and the same duties performed?

• Lawyer's answer:

  Art. 72.1. Transfer to another job. Transfer § 1. One of the forms of changing an employment contract is transfer to another job. The Labor Code of the Russian Federation, in contrast to the Labor Code of the Russian Federation, is legally enshrined in Art. 72.1 the concept of transfer developed by science and its difference from transfer that does not require the consent of the employee. The commented article (Part 1) by transfer to another job means a permanent or temporary change in the job function and (or) structural unit in which the employee works, if the employment contract indicated the structural unit where he should work, while continuing to work for that same employer, as well as transfer of the employee to work in another area together with the employer. It should be remembered that without taking into account the listed categories, it is impossible to distinguish one job from another and, accordingly, decide whether there is a transfer to another job or not. § 2. The labor function includes a position in accordance with staffing table, profession, specialty indicating qualifications; type of work assigned to the employee. Profession is permanent view employee’s work activity, requiring special skills and relevant knowledge acquired in the process of industrial and technical training. A specialty is a type of profession that is established as a result of the division of labor (for example, an ophthalmologist, a mechanical engineer, etc.). Qualification is the degree and type of professional training, i.e. the level of training, experience, knowledge in a given specialty, determined for workers by the categories of work they perform. The position determines the boundaries of the employee’s competence, his rights, duties and degree of responsibility. Consequently, transfer to another job is a different job compared to that specified in the employment contract, if the structural unit was not indicated in the text of the contract. § 3. The legislator does not define the concept of another locality. This is given in paragraph 16 of the resolution of the Plenum of the Supreme. Courts of the Russian Federation dated March 17, 2004 No. 2 “On the application by courts of the Russian Federation of the Labor Code of the Russian Federation” (Air Force of the Russian Federation. 2004. No. 6). Another area should be understood as an area outside the administrative-territorial boundaries of the corresponding populated area. And further, it explains that if the employee’s employment contract indicated a specific structural unit as the place of his work, then a change in this structural unit is possible only with the written consent of the employee, i.e. this will be a transfer, not a relocation, as if the labor the agreement did not stipulate a specific unit. A structural unit of an organization should be understood as branches, representative offices, departments, workshops, sections, etc. Promotion and demotion are also transfers that require the consent of the employee. § 4. Transfer to another job according to the current labor legislation permitted only with the written consent of the employee. This general rule, from which, however, the legislator establishes exceptions for the cases provided for in parts 2 and 3 of Art. 72.2 TK. If the employee’s written consent to the transfer was not obtained, but he voluntarily began performing other work, such a transfer may be considered legal. § 5. Based on Part 2 of Art. 72.1 of the Labor Code, at the written request of the employee or with his written consent, a transfer to another permanent job with another employer may be carried out. In this case, the employment contract at the previous place of work is terminated under clause 5 of Art. 77 of the Labor Code (see commentary to it) § 6. The legislator gives the concept of transfer, which should be distinguished from transfer to another job. So, part 3 of Art. 72.1 of the Labor Code provides that the employee’s consent is not required to move him from the same employer to another workplace, to another structural unit, but located in the same area, or to assign him work on another mechanism or unit, if this does not entail changes in certain parties to the terms of the employment contract

The movement of an employee within an enterprise is expressed in transfers from one position to another and movements between jobs. In some situations, the worker's consent is mandatory, in others it is not required. But in any case, careful preparation of documents is necessary, on which the observance of the rights and interests of the parties depends.

Differences between the procedure for relocating an employee and transferring to another position

The transfer of a specialist involves a change in the labor functions he performs while continuing (without interruption) his work activity in the same place of employment (without changing the employer). The procedure, carried out by agreement of the participants in the labor process or on the initiative of the management of the enterprise, can be temporary or permanent. The temporary nature of the transfer is related to the period of absence of any specialist in the company or to the state of health of the worker himself.

Transfer to another job is possible with the written consent of the employee, except for some cases specified by law (Article 72 of the Labor Code of the Russian Federation). The transfer of a citizen to work for another employer is permitted at the employee’s written request (written consent) with the termination of the employment contract at the old place of employment (Article 77 of the Labor Code of the Russian Federation).

Relocating an employee- this is his movement within the organization, not accompanied by a change in labor functions. The process is always carried out in the same area, and the essential terms of the employment agreement do not change.

The situation relates to internal issues resolved by the management of the enterprise and not requiring the consent of the employee (Articles 72, 73, 74 of the Labor Code of the Russian Federation). The employer must notify the specialist in advance about upcoming changes. Refuse execution labor responsibilities in changed conditions (in a new place, in a different structural unit) he does not have the right.

Relocation, unlike permanent transfer of a worker, does not require registration in a work book. When transferring to current agreement An additional agreement is drawn up with the employee, which defines the essential conditions of the activity.

The transfer procedure may require the employee to have special skills; when moving an employee, there are no such requirements.

Important! Any movement must be justified for production reasons. Without them, movement in a number of situations may be considered illegal, especially if there are personal motives of the organization’s management.

Types of employee movement

The procedure provides several options for moving:

1. To another workplace. The employee continues to perform his job duties without changes, but in another office or in another building of the organization.
2. To another division of the company. Such structural units (management, branch, sector) cannot always be located at a single address, but must always be located within the same locality (city, town, village). In such cases, the procedure will be considered precisely the movement of the employee.
3. To perform work on other equipment (unit, mechanism). For example, the driver continues to perform the previous functions of transporting (goods, passengers) in a new vehicle assigned to him. In this option, changing the tool of work should not contradict the employee’s responsibilities as defined by the employment agreement or job description.

Important! An employment contract may contain an indication of the workplace (unit) for the employee’s work. If the specified conditions change, the procedure is recognized as a transfer and not a rearrangement.

Conditions for movement

The company's management can rearrange (relocate) employees during the work process without changing job responsibilities, working conditions, or area of ​​employment for reasons depending on the production interests of the enterprise and carried out without taking into account the interests of specialists.

Reasons for the procedure may be:

• production necessity, resulting in adjustments to the schedule staff companies;
• contraction or expansion production activities enterprises;
• situations of professional and career growth of personnel.

In such situations, the moving employee must follow the orders of the employer or his representatives performing administrative functions at the enterprise.

Important! An employee cannot be transferred to another place of work that is contraindicated for him for reasons related to health. But if the employer did not receive notification of the presence of contraindications, and the employee himself hid such information, then in the future this circumstance may be regarded as an abuse of his right by the worker.

Procedure for registering employee relocation

The management of the enterprise has the right to move an employee to another structural unit for production or other reasons, including medical indications. In this case, the conditions for the location of the new place of work in the previous area and the absence of significant changes in the labor function (job responsibilities) must be met:

1. To reshuffle a specialist, the head of the enterprise issues an appropriate order, which defines a new job or structural unit for the employee to perform job duties.
2. The basis for preparing the order is a report (official) note drawn up by the head of the department or structural unit where the specialist works.
3. The document is submitted for consideration to the management of the organization, who affixes a conciliatory resolution, the corresponding date and signature.

If the initiative to move to a new place of work comes from an employee, the latter draws up a written application. The text of the document must contain a request to move the applicant to another unit or to another position, indicating the reasons that necessitated such a procedure. The application must be accompanied by supporting documents or medical reports if there are medical indications for moving the worker.

The application is brought to the attention of the management of the enterprise, which, if agreed, issues an authorization visa, which serves as the basis for preparing the appropriate order for the organization.

The text of the order states:

• position held and name of the department or unit where the applicant works;
• grounds for reshuffle;
• name of the unit or position () to which the specialist is transferred.

The specialist must familiarize himself with the prepared order and submit his visa for familiarization.

Important! TO labor agreement An additional agreement is not drawn up with the employee, since there is no change in his main job function. An entry about the employee’s movement is not made in the work book (Article 72 of the Labor Code of the Russian Federation).

Legal consequences of moving or refusing it

The management of the organization has the right to make any personnel changes aimed at improving the rational use of property and the efficiency of the enterprise. Each specialist is obliged to comply with the employer’s decision to relocate him.

Refusal to execute a movement order is equivalent to disciplinary violation on the part of the worker (Article 192 of the Labor Code of the Russian Federation).

ATTENTION! In case of substitution of concepts and registration under the guise of a transfer without the knowledge and consent of the employee of his actual transfer (with a change in working conditions), the management of the organization may face punishment.

If the employee refuses to comply job responsibilities in case of his illegal rearrangement, according to the law, his labor rights remain unchanged (Article 81, 379 of the Labor Code of the Russian Federation). In this case, the employee cannot be subject to disciplinary liability. The employer also cannot prevent the employee from defending his own labor rights(Article 380 of the Labor Code of the Russian Federation).

Employee upon recognition judicial procedure illegally moving can file a claim for payment of the difference in earnings (for the period of performing other work), for payment for forced absence time, for compensation for moral damage caused to him (Article 236 of the Labor Code of the Russian Federation).

Full text of Art. 72.1 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 72.1 of the Labor Code of the Russian Federation.

Transfer to another job - 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code.

At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code).

The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties.

It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Commentary on Article 72.1 of the Labor Code of the Russian Federation

1. Transfer to another job is one of the forms of changing the employment contract. Such a transfer may be caused by the need to redistribute labor responsibilities or replace a temporarily absent employee, the emergence of new vacancies at the enterprise that require replacement, resolution of issues related to the career growth of employees, as well as other reasons.

In accordance with paragraph 1 of the commented article, a transfer to another job is, while continuing to work for the same employer:
- constant change in the employee’s labor function;
- temporary change in the employee’s labor function;
- permanent change of the structural unit in which the employee works (if the structural unit was specified in the employment contract);
- temporary change in the structural unit in which the employee works (if the structural unit was specified in the employment contract);
- permanent change simultaneously in the labor function of the employee and the structural unit in which the employee works (if the structural unit was specified in the employment contract);
- a temporary change at the same time in the labor function of the employee and the structural unit in which the employee works (if the structural unit was specified in the employment contract);
- transfer to work in another area together with the employer.

Let's consider the listed reasons for transferring an employee to another job.

2. According to Art. Art. 15, 57 of the Labor Code of the Russian Federation, the labor function of an employee is mandatory for inclusion in an employment contract. A labor function is work in a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee.

In this case, the position is a staff unit of the organization, which determines the totality of the rights, duties and responsibilities of the employee, the boundaries of his competence. As a result of the transfer, an employee holding the position of an accountant may be transferred to the position of chief accountant (of course, if he meets the requirements for this position).

A profession is a type of work activity or occupation that requires certain training, special skills and relevant knowledge. A profession is acquired by an employee during industrial and technical training. Changing it involves engaging in a different profession (in this case, the employee must have the necessary new profession knowledge, skills, abilities). For example, a mechanic can do the work of a mechanic.

A specialty is a type of profession that is established as a result of the division of labor (for example, an orthopedic doctor). Qualification is the degree and type of professional training of an employee. For workers, qualifications are determined by the types of work they perform.

The specific type of work entrusted to the employee is indicated in his employment contract and is determined by the job description.

Thus, any change in the employee’s labor function (position, profession, specialty, specific type of assigned work) relative to what was provided for in the employment contract is a transfer to another job. As a rule, a change in it is associated with a change in the employee’s salary.

3. In turn, a structural unit is an officially designated part of the enterprise. According to paragraph 16 of the resolution of the Plenum of the Armed Forces of the Russian Federation on the application by courts of the Labor Code of the Russian Federation, structural divisions should be understood as branches, representative offices, as well as departments, workshops, sections, etc.

Based on the provisions of Art. 57 of the Labor Code of the Russian Federation, the employment contract must indicate a separate structural unit and its location if the employee is hired to work in this structural unit. In any case, the employment contract must indicate the place of work. This is not necessarily the location of the employer - legal entity specified in his constituent documents. An organization, for example, may own or lease several production buildings. At the same time, separate non-residential premises, remote from them, can be allocated for accounting, legal department etc. When concluding an employment contract with an employee, it is necessary to indicate exactly the address at which the employee must perform his labor functions.

As follows from the commented article, a transfer is possible, as a result of which the employee will work in another structural unit.

Paragraph 1 of the commented article contains a clause - the structural unit must initially be indicated in the employment contract. Actually, this indication is mandatory by virtue of Art. 57 of the Labor Code of the Russian Federation in the case when the employer has allocated structural divisions, and the employee was hired in one of them. If, given the existing structural unit, it was not initially reflected in the employment contract with the employee, then when it actually changes, there should be talk of transferring the employee to another job.

If the structural unit was not highlighted in the employment contract due to its absence (the organization has no branches, representative offices, workshops, departments, etc.), then the transfer according to this basis turns out to be simply impossible. We can only talk about changing the employee’s labor function.

It should also be noted that Art. 72.1 of the Labor Code of the Russian Federation allows for a change in the structural unit in which the employee previously worked, with a simultaneous change in his labor function.

4. Transfer to work in another locality together with the employer is also a type of transfer to another job. This applies to cases where the place where the employer carries out his activities changes, and the employee follows him. In this case, the place where the employee performs his duties changes, which entails a change in the employment contract. In this case, the structural unit in which the employee worked and (or) his job function may remain unchanged.

An employee’s refusal to be transferred to work in another location together with the employer is one of the general grounds for termination of an employment contract (clause 9 of Article 77 of the Labor Code of the Russian Federation).

Another area should be understood as an area outside the administrative-territorial boundaries of the corresponding locality (see paragraph 16 of the resolution of the Plenum of the Armed Forces of the Russian Federation on the application of the Labor Code of the Russian Federation by courts). A change in locality, even if its distance from the previous place of work is insignificant, will entail the transfer of the employee on this basis.

In this case, it may be necessary for the employee to move to another locality, where his work will have to be carried out in connection with the transfer. According to Art. 169 of the Labor Code of the Russian Federation, when an employee moves, by prior agreement with the employer, to work in another area, the employer is obliged to reimburse the employee for the costs of moving the employee, members of his family and transporting property (the exception is cases when the employer provides the employee with appropriate means of transportation); expenses for settling into a new place of residence. In this case, the specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract.

5. By general rule transfer to another job is permitted only with the written consent of the employee. The employee must independently assess his capabilities and readiness to perform another job function or work in another structural unit. If the employee does not agree to the proposed transfer, the employment contract continues under the same conditions; the employer has no right to apply any sanctions.

In this case, it is advisable to submit a written application from the employee requesting a transfer; it is necessary to conclude an appropriate agreement to the employment contract. The employee’s consent is also confirmed by his signature “I agree” in the transfer order. In other words, the employee’s will must be documented.

When drawing up an additional agreement to the employment contract, it should include instructions on changing the labor function and (or) structural unit or on continuing work in another location, the conditions that have changed in connection with this (on remuneration, rights and obligations of the employee, etc.), and also information about the duration of the transfer - whether it is permanent or temporary. The period of temporary transfer is limited to the period for which it will be specified in the agreement to the employment contract.

If permanent transfer does not raise questions, then the concept of temporary transfer requires specification. The commented article should be considered in systematic connection with Art. 72.2 of the Labor Code of the Russian Federation, which establishes that by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for who, in accordance with the law, retain their place of work - until this employee returns to work (see commentary to Article 72.2).

The forms of the order (instruction) on the transfer of an employee to another job: N T-5 - for one employee, N T-5a - for the transfer of a group of workers - are unified (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1 "On approval of unified forms primary accounting documentation for accounting of labor and its payment"). However, in accordance with Information of the Ministry of Finance of Russia N PZ-10/2012, from January 1, 2013, these forms are not mandatory for use.

The order (instruction) is announced in accordance with the employee against signature within three days from the date of actual start of work, which is certified by the employee’s personal signature.

An order (instruction) to transfer an employee to another job is the basis for making a corresponding entry in the employee’s work book. According to clause 4 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, only information about transfer to another permanent job is entered into the work book.

Also, in particular, an entry is made in the personal card of Form N T-2, changes are made to the Time Sheet.

Transfer to another job without the written consent of the employee is possible only in cases provided for in Part 2, 3 of Art. 72.2 Labor Code of the Russian Federation. Thus, if emergency circumstances arise in which the normal course of economic activity becomes impossible, the employee may be transferred without his consent to work not stipulated by the employment contract with the same employer, but only to prevent these cases or eliminate their consequences, and for a period of up to one month.

In cases of downtime, as well as when it is necessary to prevent destruction or damage to property or to replace a temporarily absent employee, but only in cases where this is caused by emergency circumstances, the transfer of an employee without his consent to work not stipulated by the employment contract with the same employer is also allowed for a period up to one month. And even in such cases, transfer to a job requiring lower qualifications can only be carried out with the written consent of the employee.

6. At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer.

Actually, here we are talking about termination of the employment contract, and not about changing it. Part 5 Art. 77 of the Labor Code of the Russian Federation provides as grounds for termination of an employment contract the transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position). This is possible if an agreement has been reached with another employer on hiring the employee (). Article 64 of the Labor Code of the Russian Federation in this case provides employees with the following guarantee: a new employer is prohibited from refusing to conclude an employment contract to employees invited in writing to work as a transfer from another employer, within one month from the date of dismissal from their previous place of work.

7. Moving him from the same employer to another workplace, to another structural unit located in the same area, or assigning him work on another mechanism or unit, if this does not entail changes determined by the parties, is not a transfer and does not require the consent of the employee. terms of the employment contract.

There is some dissonance here. Part 1 of the commented article states that a permanent or temporary change in the structural unit in which the employee works (if the structural unit was specified in the employment contract) is a transfer to another job. At the same time, as already mentioned, in the case where the employer has allocated structural units, and the employee was hired in one of them, an indication of such a structural unit in the employment contract is mandatory by virtue of Art. 57 Labor Code of the Russian Federation.

However, in Part 3 of the same article, the legislator indicates a move to another structural unit located in the same area, without changing the terms of the employment contract determined by the parties, which is not a transfer.

We can assume a case where the structural unit was not initially specified in the employment contract with the employee (for example, due to the fact that at the time of concluding the employment contract the structure of the enterprise had not yet been formed). Subsequently, when the employee is “assigned” to the emerging structural unit, none of the other terms of his employment contract will change (only a change in the address at which the employee will carry out his activities is possible, while the location must remain the same). In this case, the issue of formalizing the transfer will not arise, although it will be necessary to make adjustments to the current employment contract indicating the structural unit in which the employee must perform his labor functions.

The same applies to the movement of an employee from the same employer to another workplace - for example, to another office or another building located in the same area. This may be due, in particular, to the employer renting another office or production premises and occurs quite often.

The peculiarity of movement and its difference from transfer is based, first of all, on the invariability of the area in which the employee must carry out his labor functions.

Firstly, the new place of work must be located within the administrative-territorial boundaries of the same locality that was originally specified in the employment contract. And in this case, in order to avoid disputes, it is advisable to take into account the peculiarities of transport accessibility for the employee of the new place of work.

Secondly, as a result of the relocation, the employee’s labor function and other terms of the employment contract determined by the parties should not change. This implies the presence in the employment contract of all essentials, taking into account the fact that the place of work ( required condition) is still subject to change.

Assigning an employee to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties, is also a relocation, not a transfer, and does not require the consent of the employee, which is quite justified. For example, in the event of a breakdown of a bus on which an employee - the driver of a vehicle was performing his assigned duties, the employer - a motor transport enterprise can quickly move him to another serviceable bus by issuing an order for relocation, and not for transfer. The employee must also familiarize himself with this order against signature.

The Labor Code of the Russian Federation does not establish the period within which the employer is obliged to notify the employee about the upcoming relocation. However, where possible, the employer should provide advance notice of the employee's upcoming relocation.

8. In all cases, it is prohibited to transfer, and equally, to move an employee to a job that is contraindicated for him due to health reasons.

The question may arise as to how an employer can identify whether an employee has medical contraindications to perform this or that work. Article 65 of the Labor Code of the Russian Federation, which establishes a list of documents that an employee is obliged to provide to the employer when concluding an employment contract, does not contain a condition for providing a medical certificate. According to this article, in some cases, taking into account the specifics of the work of the Labor Code of the Russian Federation, other federal laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract. For example, in accordance with Part 3 of Art. 16 Federal Law "On municipal service in the Russian Federation" upon admission to municipal service the citizen submits, among other things, a conclusion from a medical institution confirming the absence of a disease that prevents entry into municipal service.

If the employer was not aware that the employee was contraindicated for health reasons new job, such a transfer will be considered illegal.

For an employee, if there are contraindications for a particular job, it is advisable to provide the employer with a corresponding certificate from a medical institution. In turn, for the employer, even if the employee agrees to the transfer, it will not be superfluous for him to provide a receipt confirming that this work is not contraindicated for the employee for health reasons.

9. In cases of illegal transfer of an employee to another job (for example, an employee is transferred to another permanent job without his written consent), the following should be remembered.

If a transfer to another job is declared illegal, the employee must be reinstated to his previous place of work.

At the same time, Art. 237 of the Labor Code of the Russian Federation provides for compensation for moral damage caused to an employee. Any unlawful actions or inaction of the employer may result in compensation for moral damages to the employee in monetary form, including in case of illegal transfer.

The rules for compensation for moral damage caused to an employee, established by Art. 237 of the Labor Code of the Russian Federation, differ from general civil ones. It provides that moral damage caused to an employee by unlawful actions or inaction of the employer is compensated in cash in amounts determined by agreement of the parties to the employment contract. In essence, evidence of moral damage is the established fact of violation of the employee’s rights.

Also, in all cases of damage to the employee’s property due to unlawful culpable actions (inaction) of the employer, material liability employer, including when the employer’s violation of the law deprived the employee of the opportunity to work. In accordance with the law, forced absenteeism is paid in the amount of the employee’s average earnings for the entire time during which the employee did not work due to the fault of the employer (this also applies to cases where the employee refuses another job to which he was illegally transferred).

At the same time, in the case of a transfer carried out in compliance with the requirements of the law, the employee’s refusal to perform work is recognized as a violation of labor discipline, and absence from work is considered absenteeism, according to paragraph 19 of the resolution of the Plenum of the Armed Forces of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation.

Another comment to Art. 72.1 Labor Code of the Russian Federation

1. Transfer to another job is a special case of changing an employment contract, and the concept of “transfer” is associated with a change in the terms of the employment contract determined by the parties (see Article 72 of the Labor Code and the commentary thereto). In other words, translation is, first of all, an innovation in the content of the employment contract.

By virtue of the commented article of the Labor Code, transfer to another job is understood as a change in: a) the employee’s labor function and (or) b) a structural unit (if this unit was determined by the parties as a condition of the employment contract). In this case, there is a transfer to another job associated with the innovation of one or two conditions that make up the content of the employment contract.

The transfer of an employee to another location together with the employer is also recognized as a transfer to another job. Based on the definition of the concept of “place of work” as a condition of an employment contract (see Article 57 of the Labor Code and the commentary thereto), it should be recognized that in this case there is a change in one of the conditions constituting the content of the employment contract.

Finally, a transfer is the transfer of an employee to another employer. However, since in this case there is a change in the subject composition of the contract, such a transfer means the termination of one employment relationship and the emergence of a new one.

So, transfer to another job means either a change in the type of work stipulated by the employment contract (type of labor and its qualifications), or a change in the place of application of labor agreed upon by the parties. Accordingly, as stated by the RF Armed Forces, a transfer to another job should be considered a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area together with the employer. In this case, structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc., and by other locality - an area outside the administrative-territorial boundaries of the corresponding locality (part 2 - 3 paragraphs. 16 Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

Such a change can be either permanent or temporary. A change in the subject composition of an employment contract, strictly speaking, is not a transfer, since it is associated with the termination of the employment contract as a whole due to the transfer of the employee to another employer (see Article 77 of the Labor Code and the commentary thereto).

2. When characterizing this type of transfer as “transfer to another locality together with the employer,” it should be borne in mind that the employer’s business activities may not be limited to any one locality (for example, organizations practicing shift method organization of work, logging, construction organizations). Since the specifics labor relations in such cases, the employee performs his job duties at sites located in different locations; the movement of an employee from one site to another cannot be considered a transfer.

In such cases, it is necessary to distinguish between the place of economic activity and, accordingly, the use of the employee’s labor and the location of the organization, which should be understood as its legal address (as in the case of a transfer in connection with a change of employer, there may be a movement to another location of the employer-organization and the employer-individual ). The concept of “location of the employer” (both an organization - a legal entity and individual entrepreneur- an individual), i.e. its legal address is determined taking into account the norms of civil legislation.

According to Art. 8 of the Federal Law of August 8, 2001 N 129-FZ "On state registration legal entities and individual entrepreneurs" state registration of a legal entity is carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of one - at the location of another body or person authorized to act on behalf of the legal entity without a power of attorney.

State registration of an individual entrepreneur is carried out at his place of residence. By virtue of paragraph 1 of Art. 20 of the Civil Code, the place of residence is recognized as the place where a citizen permanently or primarily resides.

In the case when an employee is employed by an employer - a large legal entity, his place of work is a structural unit (enterprise or institution) as an element of the production and technological structure of this legal entity (see Article 57 of the Labor Code and the commentary thereto). Under such conditions, a transfer together with the organization should be considered the movement of this structural unit to another location (even though the location of the employing organization has not changed).

This type of transfer also occurs if the location of separate structural divisions (branches and representative offices) in which the employees’ labor is used changes.

An employee transferred to work in another area is reimbursed for moving expenses (see Article 169 of the Labor Code and commentary thereto).

If the employee refuses to transfer due to the employer's relocation to another location, the employment contract with him is terminated in accordance with clause 9 of Art. 77 TK.

3. Changing the content of an employment contract is also possible for other reasons.

4. Depending on the initiators of the change in the contract, it is possible to distinguish between changes in the contract carried out at the initiative of the parties to the employment contract and at the initiative of third parties. In turn, the initiative of the parties can be mutual and unilateral (i.e., come from either the employee or the employer).

From general principle contract law - “contracts must be fulfilled” - it follows that a change in the content of an employment contract (its innovation) is possible in the same manner and in the form in which it was concluded. Just as the conclusion of an agreement is an act of will of two parties, so changing it must presuppose the corresponding expression of the will of these parties. Therefore, as a general rule, changing the content of an employment contract is possible if there is mutual will of the parties to the contract. This rule is enshrined in Part 1 of the commented article, according to which transfer to another job is permitted only with the written consent of the employee.

5. The initiative can come from the employee. However, as a general rule, this kind of employee initiative should be considered nothing more than a request that the employer has the right (but not the obligation) to satisfy. There are exceptions to this rule when the employee’s request to change significant working conditions is mandatory for the employer. For example, in accordance with Art. 93 of the Labor Code, at the request of a pregnant woman, one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report, the employer is obliged establish part-time or part-time working week(see Article 93 of the Labor Code and commentary thereto). If an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases provided for by federal laws, the employer is obliged to provide the employee with another job while such a danger is eliminated (see Article 220 of the Labor Code and the commentary thereto).

6. The innovation of an employment contract, carried out at the initiative of the employer, should be assessed from similar positions. As a general rule, an employer’s proposal to change significant working conditions presupposes a counter-will of the employee; unilateral changes by the employer to these conditions are not permitted. However, there are exceptions when the employer’s corresponding order is mandatory for the employee and refusal to comply with it is considered a disciplinary offense. But under such conditions, the principle of stability of the labor legal relationship is called into question and a threat is created that the employee’s labor will be forcibly used, which is a violation of the constitutional principle of individual freedom to dispose of oneself, including the disposal of one’s ability to work. Therefore, the possibility of using an employee’s labor on conditions that go beyond the agreement of the parties is subject to a number of restrictions provided for by law. A transfer without the employee’s consent is possible: a) if there are reasons of an extraordinary nature, the list of which is specified in the law; b) if it is temporary (see Article 72.2 of the Labor Code and commentary thereto). An essential guarantee that excludes the possibility of forced labor is the right of the employee, enshrined in law, to freely terminate the employment contract at his own request.

At the same time, the legislation provides for the possibility of permanent changes to the essential terms of the employment contract by the employer unilaterally. Such a change is allowed only by certain categories of employers. For example, an employer has the right to unilaterally change the terms of an employment contract - individual(see Article 306 of the Labor Code and commentary thereto) and the employer - religious organization(see Article 344 of the Labor Code and commentary thereto) subject to written warning to the employee at least 14 and 7 calendar days, respectively, before the introduction of new working conditions.

7. The initiative may come from third parties, i.e. entities other than an employee or employer. Such a subject may be, for example, a medical authority, which, based on the results of a medical examination of an employee, gives a conclusion that, due to medical indications, the specified employee needs to be provided with work with easier working conditions. This requirement is mandatory for the employer: he is obliged to offer the employee a job with easier working conditions. In relation to an employee, the conclusion of a medical authority cannot be considered as mandatory. Thus, the employer, in accordance with the medical report, is obliged to offer the employee another job, and the latter, in turn, has the right to give consent to the transfer, but also has the right to refuse it (see Article 73 of the Labor Code and the commentary thereto).

The situation is different when the court acts as a third party and imposes a punishment on the guilty employee in the form of deprivation of the right to hold certain positions or engage in certain activities (Articles 44, 47 of the Criminal Code). Specified legal act The court is obligatory for execution by all persons to whom it is addressed, primarily the employee and the employer. However, this does not exclude the right of the employer to offer the employee a job that is not subject to the restriction imposed by the court, as well as the right of the employee to agree to a transfer to a similar job. A similar approach is possible in the case of appointment to in the prescribed manner administrative punishment in the form of deprivation of a special right (Article 3.8 of the Administrative Code) or disqualification (Article 3.11 of the Administrative Code).

8. The Labor Code provides for the possibility of transfer to another job at the will of the parties to the employment contract and a third party. If an employee is transferred to another employer, in addition to the request or consent of the employee himself, consent to such a transfer from the previous employer and an invitation (or consent to the transfer) from the new employer are also required.

The law prohibits refusing to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work (see Article 64 of the Labor Code and the commentary thereto).

9. Transfers to another job vary depending on the place of transfer: a) within the employer’s organization; b) to another employer in the same area; c) together with the employer to another location. In addition, the possibility of transferring an employee to another employer located in a different area cannot be ruled out.

A transfer to another employer is usually carried out temporarily. If it is permanent in nature, then there is no reason to talk only about transfer: here the subject composition of the employment contract changes (one employer is replaced by another). Accordingly, one ceases to exist labor relationship and something new arises. We are not talking about a transfer as such, but about the termination of an employment contract by way of transfer to another employer. Such a transfer involves coordination of the wills of all interested parties, including the employee.

10. Depending on the timing, transfers to another permanent and other temporary job (or transfers permanent and temporary) differ. Transfers to another permanent job are carried out with the consent of the employee, but temporary transfers are possible without the consent of the employee, i.e. are mandatory for him, and refusal to transfer without sufficient grounds is considered as a disciplinary offense.

11. Transfers vary depending on the reason for the transfer. These reasons may be related to the personal characteristics of the employee, his social status or be of a production nature. For example, the basis for transfer to another job may be the employee’s health condition (see Article 73 of the Labor Code and the commentary thereto); the basis for a transfer of a production nature is the occurrence of cases of an extraordinary nature (see Article 72.2 of the Labor Code and the commentary thereto).

12. Closely related to the concept of “transfer to another job” is the concept of “moving to another workplace.” By virtue of the commented article, the employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties .

If the employment contract provides for the performance of work at a specific workplace, then the assignment of work on another unit, mechanism or machine is a transfer. For example, a driver can be hired either without indicating the brand of the car on which his labor is expected to be used, or with this brand indicated. In the latter case, assigning him work on a car of another brand should be considered as a transfer to another job.

In the same way, the movement of an employee from one structural unit of an organization to another is usually not considered a transfer (unless the terms of the employment contract change). However, this rule applies if structural units are located in the same area according to the existing administrative-territorial division. As shown arbitrage practice, moving from one structural unit to another, even if these units are located in the same area, is interpreted as a transfer if the movement significantly worsens the transport accessibility of the new job for the employee. Therefore, the formal criterion for distinguishing between transfer and relocation in this case can be the criterion of transport accessibility established by the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation” and taken into account when deciding on a suitable or unsuitable job when employing a person recognized as unemployed.

In any case, it is not permitted to assign an employee to perform work that is contraindicated for him due to health reasons.

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