When reducing the state offered a vacancy. How to make an appointment for a review agreement on the translation into the lower paying bit?

Unfortunately, labor legislation does not provide for unilaterally abandoning the agreement reached by the Parties, including agreements for changing conditions labor contract (translation).

Even if you have not yet signed a separate document - an additional agreement to Tr. Agreement, but gave consent in writing, the courts believe that the agreement is already concluded. You can only terminate it with the consent of the employer to "return" back to the reduction procedure. If the employer refuses, only dismiss in general order, own willing.

the collective agreement is spelled out that the employer cannot dismiss a young specialist in connection with the reduction of state for three years from the date of the conclusion of the contract. I am a young specialist for two years

in this case, you need in judicial order Recognize the state reduction procedure conducted with respect to you, including the transfer of your consent to the lower work, illegal.

is it paragraph 10.3.6 of the collective agreement to the grounds to defend its rights and argue that a decrease in posts illegally?

of course, if the CD is valid.

What is needed to withdraw a statement about transfer to another position?

At the request of the chief wrote and signed an application for transfer to another position with a decrease in the bet. Do I have the right to pick up a statement if you changed my mind? There is no order for the translation yet. What is it necessary for this to withdraw the application?

Hope, good afternoon. In accordance with Article 72 of the Labor Code of the Russian Federation, changing the conditions of the employment contract defined by the parties, including the translation to another work, is allowed only by agreement of the parties to the employment contract, except in the cases provided for by the TK RF. The Agreement on Changes by the Terms-specific Terms of the employment contract lies in writing.

Thus, if you do not agree with the translation to another position, do not sign the translation agreement.

Translation of the employee in connection with the reduction of state

Good day. The company has a reduction in staff, in connection with this, the company offers a position, but the salary in this position below that I receive at the moment is. Please explain how the labor code should be transferred to another post in connection with the state reduction and what conditions should be observed if the employee falls under the reduction.

Good afternoon, Alexander!

In accordance with Article.81,180 of the Labor Code of the Russian Federation, when carrying out activities while reducing the number or staff of employees of the organization, the employer is obliged to offer an employee with another available work (vacant position). At the same time, the employer is obliged to offer an employee with another available work (as a vacant position or work, relevant employee qualifications and a vacant position or lower job), which the employee can perform according to his health status. The employer is obliged to offer an employee all vacancies available in this area. Offering vacancies in another area, the employer must, if provided for by the collective agreement, agreements, an employment contract. Dismissal on such a basis as a reduction in the number or staff of workers is possible only when the above condition is met.

With such circumstances, your written consent is required for the translation. At the same time, labor payment occurs at the work performed. That is, if you agree to the translation to the lower job, then earnings on the work that you performed before the translation by the employer will not be saved.

In case of your refusal to transfer to another job, the employment contract can be terminated on the basis of paragraph 2 of Article 81 of the Labor Code of the Russian Federation (reduction in the number or staff of employees of the organization, individual entrepreneur). When dismissing this basis You can pay the day off according to Article 178 of the Labor Code of the Russian Federation, that is, in the amount of your average monthly earnings with the preservation of the average monthly earnings for the employment period, but not over two months from the date of dismissal (with a testing of the day off). If you are working in the area of \u200b\u200bthe Far North or the area equal to it, then when terminating the employment contract in connection with the liquidation of the organization or a reduction in the number or staff of employees of the organization: a) the average monthly earnings remain for the employment period, but not over three months from the date of dismissal ( Exciting the output allowance). b) In exceptional cases, the average monthly earnings remained during the fourth, fifth and six months from the date of dismissal to solve the employment service authority provided if within a month after dismissal you contact the employment service and will not be employed.
If you disagree with dismissal, you have the right to challenge the last in court. At the same time, the term of appeal to the court on dismissal disputes is, according to Article 392 of the Labor Code of the Russian Federation, 1 month from the date of presenting a copy of the order of dismissal or from the date of the issuance of an employment record.

Is it possible to refuse to transfer to another job and achieve reduction?

good evening. Problem I work in one settlement. Cashier in housing and communal services. Collectability from payments Pala. I thought I will reduce me. But the bosses made an order in connection with the production need to translate to work in another locality for 50 km. Trains will not carry the transport of the enterprise either will not be available. I will not have an hour 3-4.Mo Do I refuse and ask for me to reduce me?

Lawyers Answers (3)

none- reduction is the right to employer and not his duty

another thing is that such a translation without consent can only be in the aisles of 1 settlement (one locality) - here you need to deal with the labor contract

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In accordance with Article 72.1 of the Labor Code of the Russian Federation:

Transfer to another job - permanent or temporary change in the employment of the employee and (or) structural unitwhich operates an employee (if the structural unit was indicated in the employment contract), with the continuation of the work of the same employer, as well as the translation to the other locality together with the employer. The translation to another job is allowed only with the written consent of the employee, with the exception of cases provided for in the second and third paragraphs 72.2 of the Labor Code of the Russian Federation, namely:

1) case of a catastrophe of a natural or technogenic nature, a production accident, an accident in production, fire, flooding, hunger, earthquake, epidemic or epizootia and in any exceptional cases that threaten life or normal life conditions of the entire population or its part, employee can be translated without its consent for a period of up to one month to the work of the same employer to prevent the work contract specified cases or eliminate their consequences.

2) the translation of the employee without its consent for a period of up to one month to the work that is not affected by the workforce, the same employer is also allowed in cases of downtime (temporary suspension of work for the reasons for economic, technological, technical, or organizational nature), the need to prevent the destruction or damage to the property or Substitution of a temporarily absent employee, if the simple or need to prevent the destruction or damage to the property or replacement of a temporarily absent employee is caused by the extraordinary circumstances specified in the part of this article.

In the event of a refusal of an employee from transfer to work to another locality, an employment contract may be terminated due to the refusal of the employee from the transfer to work to another locality together with the employer (paragraph 9 of Part 1 of Article 77 of the Labor Code of the Russian Federation), or in connection refusal to the employee from continuing work in connection with the change in the working contract defined by the parties (paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation).

Reducing the number or staff of employees is an independent basis for termination of the employment contract. The decision to reduce the number or staff of employees takes the employer.

TK RF, Article 74. Change
determined by the parties the conditions of the employment contract for the reasons associated with
with a change in organizational or technological working conditions

IN
case when for reasons associated with changing organizational or
technological conditions of labor (changes in machinery and technology
production, structural reorganization of production, other reasons),
the working contract defined by the parties cannot be
preserved, allowed their change on the initiative of the employer, for
except for changing the employment of the employee.
ABOUT
upcoming changes to the working conditions defined by the parties
contracts, as well as the reasons that caused such changes,
the employer is obliged to notify the employee in writing no later than
than in two months, unless otherwise provided by this Code.
If a
the employee does not agree to work in the new conditions, the employer is obliged to
in writing to offer him another work available at the employer
(as a vacant position or work appropriate qualifications
employee and vacant subordinate position or lower paying
work) that the employee can perform according to its condition
health. At the same time, the employer is obliged to offer an employee
responding to the specified vacancies available in this
terrain. Offer vacancies in other locations, the employer must
if it is provided for by the collective agreement, agreements, labor
contract.
For
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 part of the first article 77 of this Code.

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Can I refuse this translation (how to do it)?

I pass military service under the ship on the ship. I stand in position with the second tariff discharge. I have technical I. higher education. The head of the personnel department proposed a position on another ship with the sixth tariff discharge. I agreed. I sent a request to the Institute for confirmation of the authenticity of my diploma. So far, a letter has passed from the institute. The commander appoints me to the DVKVD Mistral ship, on the second tariff rank. Can I refuse this translation (how to do it)? Orally said that who would write a report on the refusal to be fired. Preferably a more specific answer with the lifting of laws and articles.

6 Replies to the question from lawyers 9111.ru

If it is impossible to pass military service in the area where it is translated, in accordance with the conclusion of the military-medical commission.

Translation of this serviceman to the new place of military service with the appointment to an equal military office is made without its consent, except for the following cases:

"On the procedure for military service"

Article 15. Translation procedure for the new place of military service

1. The soldier can be translated to the new place of military service from one military unit to another (including those in another area) within the Armed Forces Russian Federation (other troops, military formations or bodies, military units of the State Fire Service) in the following cases (paragraph has been complemented from April 22, 2003 by the Decree of the President of the Russian Federation of April 17, 2003 N 444, which applies to legal relations arising from January 1, 2002, - See previous edition):

a) for official need;

b) in the order of promotion;

c) as a state of health in accordance with the conclusion of the military-medical commission;

d) for family reasons for the personal request (for military personnel passing the military service under the contract);

e) for a personal request (for servicemen passing military service under the contract);

e) due to organizational and staff activities;

g) due to a planned replacement (for servicemen undergoing military service under the contract);

h) due to enrollment in military school, adjuncture, military doctoral studies;

and) in connection with the deduction from military-educational institution, adjunctures, military doctoral studies;

k) If, taking into account the nature of the crime, a soldier who has been punished in the form of a restriction on military service cannot be left as a position related to the leadership of subordinates.

2. The serviceman undergoing military service under the contract can be transferred to the new place of military service for the appointment with the appointment to an equal military office.

Translation of this serviceman to the new place of military service with the appointment to an equal military office is made without its consent, except for the following cases:

a) If it is impossible to pass military service in the area where it translates, in accordance with the conclusion of the military-medical commission.

Supplement to the answer.

In other cases, you can only translate with your consent.

on the procedure for the passage of military service

IV. Translation order, secondary servicemen and suspending military service

Article 15. Translation procedure for the new place of military service

Change information:

Decree of the President of the Russian Federation of April 17, 2003 N 444, paragraph 1, amendments were made to legal relations arising from January 1, 2002

See the text of the point in the previous edition

1. The soldier can be transferred to the new place of military service from one military unit to another (including those in another area) within the Armed Forces of the Russian Federation (other troops, military formations or bodies, military units of the State Fire Service) in the following cases :

a) for official need;

b) in the order of promotion;

c) as a state of health in accordance with the conclusion of the military-medical commission;

d) for family reasons for the personal request (for military personnel passing the military service under the contract);

e) for a personal request (for servicemen passing military service under the contract);

e) due to organizational and staff activities;

g) due to a planned replacement (for servicemen undergoing military service under the contract);

h) due to enrollment in military school, adjuncture, military doctoral studies;

and) in connection with the deduction from military-educational institution, adjunctures, military doctoral studies;

k) If, taking into account the nature of the crime, a soldier who has been punished in the form of a restriction on military service cannot be left as a position related to the leadership of subordinates.

By the decision of the Supreme Court of the Russian Federation dated January 21, 2005 N CPI04-111, left unchanged by the definition of the cassation board of the Supreme Court of the Russian Federation of March 29, 2005 N CAS05-69, paragraph 2 of Article 15 of this Regulation recognized as not contrary to current legislation

2. The serviceman undergoing military service under the contract can be transferred to the new place of military service for the appointment with the appointment to an equal military office.

Translation of this serviceman to the new place of military service with the appointment to an equal military office is made without its consent, except for the following cases:

a) if it is impossible to pass military service in the area where it translates, in accordance with the conclusion of the military-medical commission;

b) if it is impossible to stay members of the military personnel (wife, husband, children under the age of 18, children-students under the age of 23, children with disabilities, as well as other persons who are dependent on a military personnel and living together with him) where it is translated, in accordance with the conclusion of the Military Commission;

c) if it is necessary to continuously care for those living separately by the father, mother, his own brother, his native sister, grandfather, grandmother or adopter, not in full state security and needing in accordance with the conclusion of the authority public service Medical and social expertise in their place of residence in constant unauthorized care (help, supervision).

3. The serviceman who has a military service under the contract can be transferred to the new place of military service in the order of promoting the appointment with its consent to the Higher Military Office.

4. The serviceman passing by military service is translated to a new place of military service without its consent.

5. Translation of the serviceman passing by the military service under the contract, to the new place of military service for family reasons is made in the following cases:

a) if it is impossible to resolve members of the military personnel (wife, husband, children under the age of 18, children-students under 23 years old, children with disabilities, as well as other persons who are dependent on a serviceman and living together with him) in this terrain in accordance with the conclusion of a military medical commission;

b) if it is necessary to continuously care for those living separately by the Father, Mother, his brother, his native sister, grandfather, grandmother or adopter who are not in full state security and needed in accordance with the conclusion of the body of the State Service for Medical Social Expertise upon their place of residence in constant unauthorized care (help, supervision).

6. If, when transferring a military service under the contract, the place of residence of his family changes to the new place of military service, and the husband (husband) of this soldier also hosts military service under the contract, then simultaneously with the decision on the transfer of a serviceman to the new place of military The service is resolved by the issue of translation into this area of \u200b\u200bhis wife (husband).

If it is impossible to simultaneously appoint spouse-soldiers to military positions within one settlement (garrison) and in case of refusal of dismissal from the military service, one of them is not transferred to the new place of military service.

7. The serviceman in the case of translation to the new place of military service is sent there after putting the affairs and liberation from military position, but no later than a month from the date of receipt by the military unit of the order or written notice of his translation, except when the soldier is on vacation, On a business trip or treatment.

8. Male soldiers expelled from military educational institutions For undisciplining, noticeability or reluctance to learn, as well as for refusing to conclude a contract, if by the time of the deduction from the specified educational institutions they have reached the age of 18, did not heal the established period of military service and do not have the right to dismissal from military service, liberation or delay From calling for military service, sent to the passage of military service.

Dismissal when refusing to transfer

In accordance with the requirements of labor legislation, the employee has the right not to comply with the conditions not provided for in the labor agreement. But the nature and place of work can be changed on the production necessity or for other reasons. How to arrange this without violating legislation? In the article, we will tell about dismissal if you refuse to transfer, consider the causes and basic errors of employers.

Substantial changes in the employment contract

In the daily work of the Organization, it is often faced with the need to transfer an employee for various reasons. If, as a result of this, the terms of the employment agreement change, it does not matter what caused (production necessity, reorganization legal entity, expansion or reduction of the enterprise, certification or employee health condition). The fact of change is important.

If they affect:

• labor duties,
• place of work,
• wages,
• schedule,
• other conditions specified in this document.

In this case, the translation can be carried out only by written consent of the employee. A comprehensive list of significant changes in the conditions of the employment agreement is not established by law. The degree of materiality is estimated differentiated for each case.

Causes and types of translation

If, when translating an employee to another place of work, there was no significant changes in working conditions, this action can be attributed to the movement that does not require his written consent. In this case, earnings remain, duties, position and place of work.

Moving an employee by various branches of one business entity means changing the place of work. Consequently, if the employee on the initiative of the employer moves from one structural unit of the organization to another, then this should be regarded as substantive changes in the employment contract and translation, not moving. This is especially true when in the work agreement is clearly spelled out the place of work (site, workshop, structural unit, etc.) to which an employee is accepted.

The need for translation arises due to the change of address by the legal entity, the production necessity, medical testimony.

Not always the employee agrees with the proposal. In some cases, the rejection of translation does not allow the employer to dismiss the employee. But more often such disagreement leads to legitimate dismissal, even if we are talking about a pregnant worker or a single mother. Read also an article: → "Translation of an employee to another job (temporary and permanent translation)."

Dismissal when refusing to move to another locality

A change in the legal entity of its location should be informant to employees in 2 months in writing. This document must contain information about the new address of the employer, moving time, about the start date of work, guarantees and compensatory payments related to its translation. As a rule, the translation associated with moving the company to another locality entails reimbursement of costs:

• to move to the place of work as the employee himself and the members of his family;
• on transportation of his property;
• on the device in the new area.

In a written message, it is possible to reflect the procedure and nature of compensation, as well as to establish a period during which the employee is obliged to notify the employer about his decision. If at the specified period from the employee, do not enter the application for consent, then this is regarded as a refusal of translation.

With the disagreement of the employee, it is leaving. This also applies to pregnant women, and to women raising children under 14, and to other preferential categories. Such an action does not apply to the category of dismissal at the initiative of the employer. This is issued by an order in which the reference to the decision to move the company and the rejection of the employee for the translation. Employee introduce him to the painting.

The employee's dismissal relies not only salary, compensation payments, but also a day off allowance for the calculation of the average earnings in two weeks. The employment record is made on the dismissal with reference to Article 77 of the Labor Code of the Russian Federation. Read also an article: → "Dismissal in connection with the translation of the employee."

Dismissal

Cases of severe employee disease are possible, as a result of which, on the recommendation of the Medical Commission, it requires a translation to another job in more appropriate conditions. Despite the recommendations of the Commission, the employee may not agree with the transfer to the post allowed to him for health.

In this situation, the employer has the right to terminate the employment agreement in accordance with Art. 77 TK RF.

At the same time, the next nuance must be observed. It concerns the case when an employee needs a temporary transfer for a period not exceeding 4 months. In this case, it can not be fired before the expiration of 4 months, even if the employee does not agree to the translation. He may not work, the salary will not be accrued, but the place of work behind it will remain. When the limitation period is over, the employee has the right to return to his place unhindered.

Dismissal by court decision

If a court decision on the ban entered into force on the employee to occupy a certain position to them, the employer may offer a new place to which the restriction does not apply. An employee may not agree with the proposal about the translation. In this case, the employer has the right to terminate the employment contract unilaterally.

Dismissal while reducing working time

As a result of industrial and technological transformations, the employer may have the need to introduce incomplete working time. As a rule, this forced measure is entered for a period of half a year in order to save jobs. Labor legislation is installed only the upper limit of the duration of working time.

Work week It can not be longer than 40 hours. The minimum duration is not spelled out in the TC, nor in other regulatory acts.

When the abbreviated working time mode is entered, it is necessary to inform the staff about the upcoming changes no later than 2 months. The notice of this needs to be written. Failure to comply with the employer of the established deadlines allows the employee to dispute the decision to reduce the time of labor in court, to recover the incomplete earnings and compensation for moral damage. Any changes regarding this issue should be fixed in the work agreement.

An employee may not agree to new working conditions. In this case, the employer offers it vacant places. If there are no such, and the employee refuses to work on the conditions of the abbreviated work week, the employer has the right to terminate the employment agreement unilaterally.

Dismissal when changing the owner or reorganization of a legal entity

When changing the employer, dismissal occurs as follows:

Dismissal when changing essential conditions

In certain cases, employer may be made significant changes in the provisions of the employment contract. To those can be attributed:

• labor place;
• date when you should start executing your professional duties;
• title of position, profession;
• rights, duties of the parties to the contract;
• working conditions, payment, compensation payments, social insurance.

With these changes, the employer will have to fulfill certain obligations:

• notify the written employee about changing the conditions in advance (2 months). Exceptions in terms relate to employers-individuals (for them, the term is 2 weeks) and employers-religious organizations (week). The employee must answer whether he agrees to continue to work in new conditions. The time of reflections is not legally limited, so the employee can answer the end of the two-month period;
• with the intention of further cooperation to make a new employment agreement;
• if you refuse to work in the challenged conditions, to offer an employee vacant places that he can occupy, given his qualifications and professionalism.

Answers to current issues

Question number 1. How to make sure the dismissal of an employee on his own will in the event of a legal entity reorganization?

First of all, an employee who expressed the desire to terminate the employment agreement should write a statement about this. On the basis of the statement, an order is published on the dismissal. As a basis, it is possible to offer such a wording: "... The employment contract is terminated in accordance with Article 77 of paragraph 6 of the Labor Code of the Russian Federation due to the refusal of work in connection with the change in departmental subordination." Read also an article: → "The order of dismissal of workers in the reorganization of the enterprise."

Question number 2. As a result of the reorganization (merger), the employee moves from one enterprise, which is part of the holding, to another. How to make such a translation?

In this case, it is not necessary to make a translation, but dismissal under Article 77 of the Labor Code of the Russian Federation with a further admission to work in a new organization.

Question number 3. Employer, referring to an emergency, transferred an employee to new position For a month. Position is not provided for by the employment agreement. The consent of the translation worker did not sign. Are the employer's legitimate actions?

Yes, the employer's actions are substantiated labor legislation. If he has evidence of the eventual event (accident, catastrophe, etc.), the translation to another post without the consent of the employee for a period of up to the month is allowed.

Question number 4. What compensatory payments can be calculated by an employee who has refused to transfer to another place when dismissal?

To compensate for unused leave and allowance for the calculation of the average two-week salary.

Question number 5. When drawing up a new staff schedule, the position is abolished. The person who occupied it is offered a vacancy, but with a smaller salary. What payments are relying an employee if he does not agree with the new working conditions. Can an employee count on a new position on the previous salary value?

With a reduction in position, the employee must provide vacancies in the organization. In the absence of equivalent on paying position, it is offered all free places. When the employee agreed on the option with a smaller salary according to staffing schedule, I will not be able to demand an increase in payment until the previous level. If the employee refuses the proposed vacancies, then the payments provided for by the legacy of the state are relying.

Can I give up temporary translation to another position?

I work as a teacher-psychologist in Dow. The head threatens to transfer me to educators without my consent on the orders. In the salary I do not lose, but for personal reasons I can not agree! Does it have right and if so, for what time?

Can I refuse?

No one can translate you to another job without your consent.

Labor Code Russia - Article 72.1. Transfer to another job. Move

The translation to another job is allowed only with the written consent of the employee, with the exception of cases stipulated by the second and third paragraphs 72.2 of this Code.

Article 72.2. Temporary transfer to another job

Employee's transfer without its consent for a period of up to one month to the work of the same employer is also allowed in cases of downtime (temporary suspension of work for the reasons for economic, technological, technical or organizational nature), the need to prevent the destruction or damage to the property or subtraction There is a missing employee, if the simple or need to prevent the destruction or damage to the property or the substitution of the temporarily absent employee is caused by the extraordinary circumstances specified in the part of this article.

the actions of the head (employer) are not legal.

if this happens, then you have the right to file a complaint about the work of work. to the prosecutor's office and court

Can the employee refuse to transfer to another position

Can the employee refuse to transfer to another position

You ask: "How to give up this post and stay on the former?"

Very simple - to refuse all.

The translation of the employee to work (position) is possible only with the written consent of the employee. Quote to you for greater persuasive art. 72.1. TK RF:

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Translation to another Position - Consultation of Lawyers

Good evening Anna Nikolaevna. Based on Article 72.1 of the Labor Code of the Russian Federation, the transfer to another job is allowed only with the written consent of the employee, except in cases stipulated by the second and third paragraphs 72.2 of this Code.

Does not require the consent of the employee moving it to the same employer to another workplaceTo another structural unit, located in the same area, instructions to work on another mechanism or unit, if it does not entail the changes to the working contract defined by the parties.

The consequences of the employee's refusal from transfer to another permanent job or the absence of suitable work at the employer

So, in particular, dismissal to reduce (paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation) or due to the inconsistency of the employee of the post (performed work)

If this work is not, then in writing the vacant understanding or lower-paying work, which the employee can carry out according to its qualifications and health status. R A ashant again refuses the vacant downstream and below paying positionNow, now you can, in accordance with paragraph 7 of Article 77 of the Labor Code of the Russian Federation, terminate the employment contract with the employee.

The article is written on materials of sites: pravo21vek.ru, pravoved.ru, www.9111.ru, online-buhuchet.ru, Propuskspb.ru.

Hello Irina.

In accordance with Article 57 of the Labor Code of the Russian Federation in the labor contract, the place of work must be indicated, and in the case when the employee is accepted for work in the branch, representation or other a separate structural unit of the organization located in another area - place of work indicating a separate structural division And its location.

Based on this, the wording "city Kazan, as well as the trading points in which the execution is carried out in your question. official duties employee ", from which it follows that your work should be carried out not only in Kazan, but also in other settlements, it is insignificant, i.e. invalid, or it can only be understood as the possibility of performing work in outletsLocated outside Kazan during business trips.

Under such circumstances, the only legitimate reason to transfer you to permanent job In addition, in addition to Kazan, the settlement may be only Article 74 of the Labor Code of the Russian Federation:

Article 74. Changes by the Terms of the Labor Treaty defined by the Parties for the reasons associated with the change in organizational or technological conditions of labor

In the case when for reasons associated with a change in the organizational or technological conditions of labor (changes in the technique and technology of production, structural reorganization of production, other reasons), the conditions defined by the parties cannot be preserved, their change is allowed on the initiative of the employer, with the exception Changes in the employment of the employee.

On the upcoming changes to the conditions of employment contract defined by the parties, as well as the reasons that caused such changes, the employer is obliged to notify the employee in writing no later than two months, unless otherwise provided for by this Code.

If the employee does not agree to work in new conditions, the employer is obliged in writing to offer him another job with the employer (as a vacant position or work, appropriate employee qualifications and a vacant position or lower job) that the employee can carry out that Health status. At the same time, the employer is obliged to offer an employee all responsible for the specified vacancies available in this area. Offering vacancies in other locations, the employer is obliged if it is provided for by the collective agreement, agreements, an employment contract.

In the absence of the specified work or 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.

In the event that the reasons specified in the first part of this article may entail a massive dismissal of employees, the employer in order to preserve jobs has the right to consider the opinion of the elected body of the Primary Trade Union Organization and in the manner established by Article 372 of this Code to take local regulatory acts , enter the incomplete working day (shift) and (or) part-time working week for up to six months.

If the employee refuses to continue working in a part-time work day (shift) and (or) of an incomplete working week, the employment contract is terminated in accordance with paragraph 2 of the part of the first Article 81 of this Code. At the same time, the employee is provided with appropriate guarantees and compensation.

Cancellation of an incomplete working day (change) and (or) part-time working week was previously the deadline for which they were established, is made by the employer, taking into account the opinion of the elected body of the primary trade union organization.

The changes in the conditions defined by the parties of the working contract envisaged in accordance with this article should not degrade the position of the employee compared with the established collective agreement, agreements.

Article 77. General grounds for termination of the employment contract

The grounds for termination of the employment contract are:

... 7) Employee refusal from continuing work due to a change in the working contract defined by the parties (part four of article 74 of this Code).

In this regard, we recommend that you apply for a legal assessment of the employer's actions called in your question to the Prosecutor's Office and the State Labor Inspection Bodies. If they confirm the legality of these actions, you can refuse to transfer the translation to you and in this case the employer has the right to terminate the employment contract with you under paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation, paying you when dismissing the day off a manual in the amount of a two-week average earnings (article 178 TC RF).

If the release date occurs after the declared date declared, the employee can be dismissed on general reasons. Is it possible to cut the employee who is accepted for the time of maternity leave for the child's main employee is impossible. When carrying out activities to reduce the employer reduces the position (a regular unit), and not a specific employee, its occupying (paragraph 2 of Part 1 of Art. 81 of the Labor Code of the Russian Federation). For an employee who is on maternity leave up to three years, a workplace (position) is maintained (part 4 of Art. 256 of the Labor Code of the Russian Federation). At the same time, the adoption of an employee who is on vacation to care for a child, a new, temporary employee, the number of jobs of this employer Does not increase and the emergence of new jobs does not entail (paras. 2 h. 1, Art. 59 of the Labor Code of the Russian Federation). At the same time, a ban on reducing the position of women with children under the age of three years (Article 261 of the Labor Code of the Russian Federation) is established.

Dismissal when refusing to transfer

However, the dismissal of a disabled officer is possible if the percentage of quotas for accepting disabled work is preserved, that is, when a disabled reduction, it is necessary to maintain the total number of jobs for them by introducing new quota places.

Important

In addition, the employer needs to take into account the guarantees, in particular preemptive right For leaving at work, with a reduction in workers who have disability as a result of an accident at work or professional treatment.

How to refuse to transfer to another position?

And only according to medical conclusion after the refusal of an employee from a translation will be required or even a cessation of an employment agreement with it.
Pay special attention to the termination of any employment agreement, but not for refusing to translate, but as a result, any such refusal.
And in accordance with any formal basis, it is approved in the legislation to reduce the number, as well as the staff of employees, in accordance with the necessary record, and only by paying the existence to the legislation.

Attention

In this article you learned about.

Failure to transfer to another position

The procedure for dismissing an employee on the basis of a reduction in the number or state is carried out as follows.

Need:

• publish an order to reduce the number or staff and prepare a new staff schedule;
• determine whether any of the staff has the preferential right to leaving at work;
• form a list of reduced employees (posts);
• notify an employee about the upcoming dismissal (h.

  2 tbsp. 180, Part 2 Art. 292, Part 2 Art. 296 TK RF);

• offer an employee of another vacant position (Part 3 of Art. 81, Part 1 of Art. 180
• place the translation of those employees who agreed to take other positions (art.

  72.1 TK RF);

• notify the trade union on the upcoming reduction (if available in the organization) and report this in the employment service (h.
  1 tbsp. 82 TK RF, paragraph 2 of Art. 25 of the Law of April 19, 1991

How to make a refusal to transfer another position

The time of reflections is not legally limited, so the employee can answer the end of the two-month period;

• with the intention of further cooperation to make a new employment agreement;
• if you refuse to work in the challenged conditions, to offer an employee vacant places that he can occupy, given his qualifications and professionalism.

Answers to topical questions Question No. 1.

How to make sure the dismissal of an employee on his own will in the event of a legal entity reorganization? First of all, an employee who expressed the desire to terminate the employment agreement should write a statement about this.

On the basis of the statement, an order is published on the dismissal. As a basis, it is possible to offer such a wording: "... The employment contract is terminated in accordance with Article 77 of paragraph 6 of the Labor Code of the Russian Federation due to the refusal of work in connection with the change in departmental subordination."

NOT FOUND.

It is forbidden to change the employee's labor function.

This is stated in part 1 of Article 74 of the Labor Code of the Russian Federation. The difference between translating from moving when translating the conditions of the employment contract and the employee's labor function occurs.

The employee is considered translated to a new position in the same organization (without changing the area) when performing at least one of the conditions:

• changing the employment function provided for by the employment contract.

  At the same time, the place of work may change or remain the same;

• changing the structural unit in which the employee works. In the case when the structural unit as a place of work was indicated in the employment contract with an employee.

The translation is allowed only with the written consent of the employee. It is forbidden to translate an employee to work contraindicated by him for health.

Translate to another position

The minimum duration is not spelled out in the TC, nor in other regulatory acts. When the abbreviated working time mode is entered, it is necessary to inform the staff about the upcoming changes no later than 2 months. The notice of this needs to be written. Failure to comply with the employer of the established deadlines allows the employee to dispute the decision to reduce the time of labor in court, to recover the incomplete earnings and compensation for moral damage.

Any changes regarding this issue should be fixed in the work agreement.

An employee may not agree to new working conditions.

In this case, the employer offers him vacant places.

If there are no such, and the employee refuses to work on the conditions of the abbreviated work week, the employer has the right to terminate the employment agreement unilaterally.

How to refuse to transfer to another position

NO77 of the Labor Code of Russia, then with any termination of this employment agreement, one of the universal foundations, an employee under dismissal actions will be paid a certain day off manual in the amount of two-week earnings.

It is envisaged in stat.no178 of the Labor Code of Russia.

A moment may be the moment when the employee himself is dismissed for one reason or another, which was also provided for in accordance with the Labor Code of Russia, including the grounds that own an employee in employment.

Before fully terminate the main labor agreement with an employee, it will be possible to try to translate it to a completely different work activity.

Failure to transfer to another position

Dismissal by a court decision If the employee has entered into force the court's decision to occupy a certain position to them, the employer can offer a new place to which the restriction does not apply.

An employee may not agree with the proposal about the translation.

In this case, the employer has the right to terminate the employment contract unilaterally. Dismissal with a reduction in working time as a result of industrial and technological transformations in the enterprise the employer may need to introduce part-time mode.

As a rule, this forced measure is entered for a period of half a year in order to save jobs.

Labor legislation is installed only the upper limit of the duration of working time. The working week can not be longer than 40 hours.

Refusal to transfer to another position

• family, which contain two and more disabled family members who are on their full content (for example, the employee has two minor children);
• employees in which there are no other people with independent earnings;
• employees who received labor injury in this organization or caregable;
• disabled people of the Great Patriotic War and disabled hostilities on the defense of the Fatherland;
• employees who increase their qualifications in the direction of the employer without separation from work;
• employees affected by the Chernobyl accident;
• employees who were subjected to radiation effects due to nuclear tests at the Semipalatinian landfill;
• employees dismissed from military service, provided that they first got a job.

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Hello. How to refuse to give a temporary translation to the position, provided that before that, an accident occurred in production with the current manual, and it is sharply after that went on vacation.

Answers lawyers

Iskibaeva Elena Yurevna (01/09/2017 at 16:36:19)

Hello, Yaroslav! In accordance with Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job - a permanent or temporary change in the employment of the employee and (or) of the structural unit in which the employee works (if the structural unit was specified in), while continuing to work at the same employer, as well as transfer to work in Other locality with the employer. The translation to another job is allowed only with the written consent of the employee, with the exception of cases stipulated by the second and third paragraphs 72.2 of this Code. (and this is in the case of a catastrophe of a natural or technogenic nature, a production accident, an accident at work, fire, flood, hunger, earthquake, epidemic or epizooty and in any exceptional cases that threaten life or normal life conditions of the entire population or its part The worker can be translated without its consent for a period of one month to the work of the same employer who is not due to the labor contract to prevent these cases or eliminate their consequences.

Employee's transfer without its consent for a period of up to one month to the work of the same employer is also allowed in cases of downtime (temporary suspension of work for the reasons for economic, technological, technical or organizational nature), the need to prevent the destruction or damage to the property or subtraction There is a missing employee, if the simple or need to prevent the destruction or damage to the property or the substitution of the temporarily absent employee is caused by the extraordinary circumstances specified in the part of this article. In this case, the transfer to work requiring lower qualifications is allowed only with the written consent of the employee.)

According to the written request of the employee or with his written consent, the employee can be transferred to a permanent job to another employer. At the same time, the employment contract is still terminated.

Does not require the consent of the employee moving it to the same employer to another workplace, to another structural unit, located in the same area, instructions to work on another mechanism or unit, if it does not entail changes to those defined by the parties to the conditions of employment contract.

It is forbidden to translate and move an employee to work, contraindicated by him for health.

Zaika Igor Vladimirovich (01/09/2017 at 16:46:58)

Good day!

Yaroslav, you can simply give up temporary translation and that's it. The translation of the employee to another job (position) is possible only with the written consent of the employee.

From Art. 72.1.ru Employer, as well as a translation to work to another locality, together with the employer ... Allowed only with the written consent of the employee. "

The law does not require the consent of the employee for such a translation, if it is necessary to eliminate the consequences of the catastrophe, accidents and other emergencies (fire, flood, explosion and others), if the consequences of such an event threaten normal conditions Lifetime of the population. (ie. Only in emergency situations, when the delay may entail serious consequences for citizens).

Article 72.2 paragraph 2 of the Labor Code of the Russian Federation: in the case of a catastrophe of a natural or man-made nature, a production accident, an accident at the production, fire, flooding, hunger, earthquake, epidemic or epizooty and in any exceptional cases that threaten life or normal life conditions of the entire population Or its parts, the employee can be translated without its consent for a period of one month to the work of the same employer to prevent these cases or eliminate their consequences to prevent these cases or eliminate their effects.

Good luck to you and all the best!

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Degtyareva A.G. (01/09/2017 at 16:51:28)

Hello!

The temporary translation of the employee to another work occurs by agreement of the parties to the partition.

The concept of temporary translation is contained in Art. 72.2 TK RF.

An employee may be temporarily transferred to another work at the same employer for up to one year.

In your situation, the translation is required during the absence of another employee if its duration does not meet in one year, then the term will be set with the wording "before the exit of the main employee to work".

Agree or disagree to such a translation - to solve only you, taking into account factual circumstances. Failure Subject in writing.

Also note the following:
According to Art. 72.2. TK RF translation of the employee without its consent for a period up to one month to the work not due to the labor contract, the same employer is allowed if necessary to replace the temporarily absent employee, if the replacement of the temporarily absent employee is caused
Emergency circumstances specified in the second part of this article (in the case of a natural or man-made catastrophe, a production accident, an accident at the production, fire, flood, hunger, earthquake, epidemic, or epizooty and in any exceptional cases that threaten life or normal life The conditions of the entire population or its part).

In this case, the translation to work that requires lower qualifications is allowed only with the written consent of the employee.

If there are more questions - contact. Good luck!
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Technological conditions have changed in the division - equipment automation has been carried out. Employees who have been taken to observe the devices are no longer needed. We offer them a translation to vacant posts In other divisions and other posts. What if the employee refuses to transfer?

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