How to make up an add. agreement to the employment contract for the transfer to another position? Transfer to another position: sample supplementary agreement

Date: 15.10.2019

An employment contract is a document that defines the working conditions for an employee. After the expiration of time, situations arise that require adjustments to the contract.

When changing the size of the salary, when transferring to another position and combining work, the employer and the employee draw up an additional agreement. How to correctly draw up an auxiliary act, in more detail in the material.

Details of the question of what constitutes a supplementary agreement to labor contract about combining positions, you can find out in the article at the link.

How to draw up a supplementary agreement to an employment contract?

A special agreement is drawn up if there are compelling reasons: change in salary, transfer to another workplace, combination of posts. Based on the provisions of Article 72 of the Labor Code, it is necessary to draw up a legal model in case of a mutual decision of the parties.

Based on the consent of the employee and the employer, an auxiliary agreement is drawn up in a free form in two copies. One sample remains with the boss, the second is provided to the employee. Documentation has legal force only after the signature of the ward and the manager (then the corresponding entry is made in the register of labor contracts and additional agreements).

If the organization has an accounting journal, then it needs to be added to it that labor contract has a supporting document. It has such legal functions as an employment contract.

If drawing up an agreement requires a change a large number aspects that relate to changing salaries, extending the term of work, combining positions, then it is written: "The changed conditions of the labor act are enshrined in a special agreement to the contract."

There are two types of conditions for an agreement: mandatory and optional.

The obligatory ones include:

Changes that relate to working conditions. If the employer decides to deform the employee's work schedule. You need to issue a notice no earlier than two months in advance, relying on Article 74 of the Labor Code.
Changes that relate to an increase or decrease in the employee's salary.
Modernization of the employee's working regime.

Additional circumstances are:

Clarification of the place of work.
Term of working off.
Availability of an insurance policy.
Improving the level of living conditions.

A number of important situations that the employer must take seriously include: transfer to another department or another place, extension of the term of the contract, combination of positions and career demotion of an employee due to illness.

Based on Articles 72.1, 72.2, 73 and 73 of the Labor Code of the Russian Federation, a special agreement on the above points is drawn up only by mutual agreement of the parties.

Supplementary agreement to the employment contract on the change in salary

Changing the salary is a condition that is prescribed only by mutual decision of the boss and the ward. In any form, the employer draws up a document on the change in wages.

Only after the signature of the employee is the subsidiary agreement considered legal. To correctly draw up a standard sample of an additional agreement on changing the salary, you can download this example:

Supplementary agreement to the employment contract on the combination of positions

If the employee has the necessary qualification level to fulfill temporary obligations, the employer draws up a supporting document for combination, based on paragraph 2 of Article 60.

You can combine work if the positions are in the same department and there is free time to perform temporary part-time functions.

To make an agreement, you need to write an application for a temporary transfer job functions to a new employee, draw up an auxiliary act and sign an order for combination.

For more detailed information on how to draw up a document correctly, you can download a typical sample here:

Additional agreement to the employment contract on transfer to another position

Transfer to another position is made out with the consent of the employee. In the conditions of the supporting document to the contract, the name of another job vacancy and the date of the start of the transfer are prescribed.

Prescribing changes in an additional document is carried out only after the execution of an order to transfer the employee to another job.

How to draw up a transfer agreement correctly, you can find out in detail here:

Additional agreement on the extension of the term of the employment contract

During the period of work, the contract expires. The functionality of the document itself depends on the type of transaction, urgent or indefinite. A temporary contract can be drawn up for a day, a month, a year, but without overstepping the bar above five years.

Permanent is for the entire period of work. If the ward so desires, an open-ended contract can be changed into a fixed-term one.

There are two renewal options working term: you can dismiss the employee and, on the basis of this, conclude a new agreement or draw up an additional legal act to the contract.

On the basis of the agreement of the two parties, the extension of the validity period, possibly taking into account the provisions of Article 72. If the employer sees that the contract expires, the ward must be notified of this no earlier than three days in advance.

On the site you can download a sample and see how to draw up an additional document to the main agreement, correctly:

Typical form of an additional agreement to an employment contract

Based on the above information, we can conclude that a typical sample of filling out an auxiliary document includes:

Name. Depending on the reason for filling out the auxiliary agreement, the name of the document itself will also change.
The introductory part, which indicates the full name of the organization, the data of the head and the ward.
Main text. The conditions for changing the agreement are prescribed, based on the requirements that are enshrined in the Legislation. Based on the amended clauses, the rights and obligations of each of the parties are designated.
Conclusion. At the end of the legal act, the signatures of the interested parties and the date of drawing up are put.

For the final version of the document, a second copy is made. It is worth noting that to replace the director, contact details of the manager or employee, you do not need to draw up a supporting document to the contract.

Transfer is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer (Article 72.1 of the Labor Code of the Russian Federation).

Translation is not considered and does not require the consent of the employee:

moving it 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.

The fact that the structural unit in which the employee works is not specified in the employment contract is also not considered a translation.

All translations are divided into:

temporary,
permanent,
transfers carried out in mandatory.

In turn, temporary transfers can be divided into transfers made with the consent of the employee and transfers without consent. Let's take a look at all types of transfers in order.

Permanent transfers of an employee to another job

Permanent translation is made out in the following cases (Article 72.1 of the Labor Code of the Russian Federation):

the labor function of the employee changes (for example, an engineer becomes a chief engineer);
the structural unit specified in the employee's employment contract is changed (for example, the purchasing department manager is transferred to the sales department);
the employee is transferred to work in another locality (settlement) in connection with the relocation of the employer.

Permanent transfer is possible both at the initiative of the employee and at the initiative of the employer, but is allowed only after reaching an agreement between the employee and the employer. It is imperative to obtain the written consent of the employee. If the employee does not object to the transfer, he expresses his consent either on the employer's proposal, or in a separate document (statement).

What an employer needs to do:

Enter into an additional agreement with the employee to the employment contract. In it, write down the name of the new position, the amount of remuneration and other conditions that have changed due to the transfer. The agreement is drawn up in duplicate for each party, on the copy of the employer the employee puts a mark in the receipt of his. Give one copy to the employee, the second copy remains with you, the employee must sign on it that he received his copy of the agreement.
Issue an order for transfer to another position and to another department (Form N T-5 or any).
Make a record of the transfer to another job in work book... In column 4 of the work book, you must indicate the details of the transfer order. The entry must be made within a week from the date of publication of the order (clause 10 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation No. 225 "On work books" dated 04.16.2003, hereinafter referred to as the Rules).
Enter the information about the transfer in sect. III of the employee's personal card and familiarize him with this entry against signature.

If the employee is transferred to a position for which the conclusion of a fixed-term employment contract is provided. So that the retraining of an open-ended contract into a fixed-term one is not regarded as an infringement of the employee's rights, it is better to terminate the previously concluded labor contract and conclude a new fixed-term one.

5 situations when the employer is wrong

Situation 1: The organization has free bets. The employee asked the boss to transfer her to one of them, but he refused. Are the actions of the boss lawful?

Answer: according to Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. Thus, yes, the boss has the right to refuse an employee.

Situation 2: The employee was transferred to another department for the same position and with the same amount of work performed, but the salary was lowered without the employee's consent. Is this legal?

Answer: Changes in the terms of the employment contract, in particular wages, are allowed by general rule only with the consent of the employee and is drawn up by an additional agreement to the employment contract. Therefore, the employer acted unlawfully.

It is not uncommon for an employer to transfer an employee to a higher position, and in order to check an employee, sets a probationary period for him:

Situation 3: The employee holds the position of chief specialist. The position of the head of the department was vacated in the department. The employer wants to offer this position to the chief specialist, but he is not sure whether the employee will be able to cope with the assigned duties. Can the employer set a probationary period for an already employed employee? Can an employer conclude a fixed-term employment contract for three months?

Answer: Establishment probationary period for an employee carrying out labor activities in the organization is not provided. The test is established only at the conclusion of an employment contract, that is, for a new employee (Article 70 of the Labor Code of the Russian Federation). The conclusion of a fixed-term employment contract when transferring to another position will also be illegal. In this case, the employer can arrange for a temporary transfer of the employee to another position.

Situation 4: The employer hired a foreign citizen for the position in accordance with the permit. However, due to production needs, this employee was transferred to another position not specified in the permit. Is the employer right?

Answer: attraction of a foreign citizen to work not in the specialty specified in the work permit, it is lawful. Such a situation, when the work actually performed by a foreigner does not correspond to the type of activity specified in the permit, is equated by the FMS and the courts to work without a permit (Decision of the Moscow City Court of 12.12.2011 N 7-2678; Resolution of the FAS of the North Caucasus District of 21.05.2012 N A53 -16050/2011, The Supreme Court RF dated 09/23/2011 N 18-AD11-15). And it entails the imposition of significant penalties or the suspension of the organization's activities, which in any case is an unjustified risk for the employer.

Situation 5: the employer demanded that the employee, who is on parental leave, go to work for one day to familiarize herself with the order to transfer her to a lower position and reduce her wages. Is the employer acting legally, motivating the specified transfer by the need to reduce the costs of the organization?

Answer: The employer is acting unlawfully. An employee cannot be recalled from vacation without her consent and transferred (Article 125 of the Labor Code of the Russian Federation). Translation without the consent of this employee is permissible only on the basis of a medical opinion. Thus, her previous position should be retained for her (Article 256 of the Labor Code of the Russian Federation). Thus, the order issued by the employer will worsen the position of the employee in comparison with the established labor legislation and be illegal. In accordance with Part 4 of Art. 8 of the Labor Code of the Russian Federation, it cannot be applied. If the employer nevertheless carries out a transfer without such consent and applies an order that worsens the rights of the employee, then she can resort to protecting her labor rights in legislative ways and appeal the actions of the employer, thereby reinstating in her previous position.

Temporary transfers to another job

Temporary transfer to another job is carried out for a specified period. In this case, the employee temporarily changes his labor function and (or) structural unit, if it was specified in the employment contract. Temporary transfers include (Article 72.2 of the Labor Code of the Russian Federation):

transfer to another job, carried out by agreement of the parties for a period not exceeding one year;
transfer to another job, carried out by agreement of the parties to replace an absent employee for a period until his return to work;
transfer to another job due to objective reasons (for example, for up to 4 months in accordance with a medical report).

The procedure for issuing a temporary transfer is similar to that for permanent transfers. The exception is that in case of temporary transfers, an entry in the employee's work book is not made, regardless of the reason and term of such a transfer. If the term is not known, they write "until the temporarily absent worker leaves." And already on the basis of the agreement, an order is issued for a temporary transfer.

When such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, a place of work is retained, it is valid until this employee leaves for work. As a general rule, at the end of the term, the transfer is terminated, and the employee is provided with the work provided for by the employment contract.

But it may well be that the term of the transfer has expired, and the employee has not been provided with the previous job and he did not demand it and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent. In such a situation, it is advisable for the parties to fix these agreements in writing by drawing up an additional agreement to the employment contract. Further, the employer, on the basis of such an agreement, issues an order on personnel, in which states the fact that the translation, which was originally drawn up as temporary, is now considered permanent. And in this case, it becomes necessary to make an entry in the employee's work book.

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Translations with the consent of the employee

The employer can also temporarily transfer the employee, with his consent, during the suspension of work due to the administrative suspension of activities or a temporary ban of activities in accordance with the legislation of the Russian Federation due to violation of state regulatory requirements labor protection through no fault of the employee. At the same time, he retains his place of work (position) and average earnings(Article 220 of the Labor Code of the Russian Federation).

Translations without the consent of the employee

The term for a temporary transfer at the initiative of the employer, that is, without the consent of the employee, cannot exceed one month.

In addition, this can be done only in certain cases, which are indicated in Part 3 of Art. 72.2 of the Labor Code of the Russian Federation:

natural disaster or technogenic character, industrial accidents, industrial accidents, fire, flood, hunger, earthquake, epidemics or epizootics and any exceptional cases that endanger the life or normal living conditions of the entire population or its part (part 2);
downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature);
the need to prevent destruction or damage to property;
the need to replace a temporarily absent employee (part 3).

All of the above cases must be caused by the extraordinary circumstances specified in Part 2 of Art. 72.2 of the Labor Code of the Russian Federation. These include any circumstances that endanger the life or normal living conditions of the population or its part. It is strongly discouraged to transfer an idle employee to another job if he does not agree to this. If no extraordinary circumstances are identified, then the transfer of the employee will be recognized as illegal.

The transfer without the consent of the employee is drawn up by order of the employer indicating the circumstances that caused such a transfer. If an employee is transferred to a position requiring lower qualifications, written consent should be requested from him. In this case, payment is made in an amount not lower than the average earnings from the previous job.

Transfer to another area

A transfer to another location together with the employer, that is, a change in the location of the organization, is considered a permanent transfer. It does not occur so often, nevertheless there are nuances and the employer needs to know about it.

The execution of such a transfer should take place in the following sequence:

The employer must notify all employees about such a transfer in advance. Since the timing of such a warning has not been established, one should be guided by Art. 74 of the Labor Code of the Russian Federation and apply a two-month notice period,
Offer employees a translation. It is not necessary to send each employee a transfer proposal, but it is enough to issue one order and bring it to the attention of everyone against signature.
It is obligatory to obtain the consent of the employees,

In a situation where the organization has changed its legal address and executive agency changed the location, but the actual place of work of the employees remained the same, there is no need to draw up a transfer.

Employees who refuse to be transferred to another locality must be dismissed under clause 9, h. 1, Art. 77 of the Labor Code of the Russian Federation - refusal to transfer to another locality together with the employer. The employee is paid severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation). As with a regular dismissal, to formalize the termination labor relations with employees, Form No. T-8 (or Form No. T-8a), approved by Resolution No. 1, is applied.

With employees who have expressed a desire to continue working with this employer in another locality, relations are formalized as follows:

an additional agreement to the employment contract is concluded on transfer to another locality,
on the basis of an agreement with the employee, an order is issued,
an entry is made about the transfer to another locality, even if the employee remains in the same position and in the same structural unit,
an entry is made on the employee's personal card.

The employer should not forget about such an important point: if the employee is asked to move to work in another locality, he will have to reimburse:

expenses for the relocation of the employee himself, his family members and the transportation of property (unless the employer provides the employee with appropriate means of transportation);
expenses for settling in a new place of residence.
The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (Article 169 of the Labor Code of the Russian Federation).

Transfer to another job without fail

Situations in which the transfer is mandatory occur both on the initiative of the employee (when he has the right to demand from the employer to transfer to another job), and on the initiative of the employer (due to circumstances beyond the control of the parties). At the same time, an employee can be transferred both on a permanent and temporary basis. For example, if an employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide such an employee with another job for the duration of the elimination of the hazard (Article 220 of the Labor Code of the Russian Federation).

The employer is obliged to satisfy the request of the employee to transfer him to another job in the following situations:

provided a medical report;
the organization has a reduction in the number or staff of employees;
in case of suspension of a special right;
the woman is pregnant or has children under the age of one and a half years.

Moreover, each of these situations has its own design features.

The employee provided a medical certificate issued in accordance with the procedure for issuing certificates and medical reports, approved by Order of the Ministry of Health and Social Development of the Russian Federation of 05/02/2012 N 441n. According to the document, the employee needs to be transferred to another job. In this case, the employer is obliged to transfer to another job available to him, which is not contraindicated for this citizen for health reasons. The transfer of an employee to another position, where work is not contraindicated for him for health reasons, is carried out with his written consent (part 1 of article 73 of the Labor Code of the Russian Federation).

True, there is one "but" - if an employee who needs a temporary transfer for up to four months refuses to transfer (or there is no corresponding job), then the employer must suspend the employee from work for this period while retaining the place of work (position). At the same time, during the period of suspension, the employee's wages are not charged. At the same time, if an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses to transfer or if the employer does not have appropriate work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation (Art . 73 of the Labor Code of the Russian Federation).

With managers (and their deputies) who need translation on medical indications, the situation is different. In their case, the employment contract with them may not be terminated, and the period of suspension from work is determined by agreement of the parties.

It is not uncommon for an employee to be transferred to a lower-paid job. The employer is obliged to keep the average earnings from the previous job for one month from the date of transfer. If the transfer is related to a work injury, occupational disease or other damage to health related to work - until a permanent loss is established professional ability to work or until the employee recovers (Article 182 of the Labor Code of the Russian Federation). Judicial practice confirms this. The judges ruled that the obligation to preserve the average earnings for the employee arises from the moment the employee is transferred to a lower-paid position and terminates with the establishment of a permanent loss of professional ability to work (Appellate ruling of the Vologda Regional Court of 13.09.2013 N 33-4301 / 2013).

When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (both a vacant position or job corresponding to qualifications, and a vacant lower position or lower-paid job). If the transfer is impossible, the employee will have to be fired on the basis of clause 2, part 1 of Art. 81 of the Labor Code of the Russian Federation. Employees are notified of the upcoming dismissal due to a reduction in the number or staff of the organization's employees personally and against signature at least two months before dismissal (Article 180 of the Labor Code of the Russian Federation).
If an employee has lost the ability to fulfill obligations under an employment contract in the event of suspension for up to two months of the employee's special right (license, right to drive vehicle, the right to bear arms, etc.), the employer is obliged to transfer the employee to another existing job (both a vacant position or job corresponding to qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. Of course, in this case, the employer must obtain the written consent of the employee. In addition, the employer is obliged to offer all the vacancies that meet the specified requirements that are available to him in the area. The employer is obliged to offer vacancies in other localities if it is provided for by the collective agreement, agreements, labor contract. If an employee has refused or there is no vacant position, he is suspended from work without pay (Article 76 of the Labor Code of the Russian Federation). If the period of suspension of the special right exceeds two months or the employee is deprived of this right, the employment contract with him is subject to termination in accordance with clause 9 of part 1 of Art. 83 of the Labor Code of the Russian Federation.
In accordance with the medical certificate, the employer must transfer a pregnant employee to another job that excludes the impact of unfavorable production factors, while maintaining the average earnings from the previous job. A statement is required from the employee. Until another job is provided, a pregnant woman is released from work. She retains the average earnings for all the working days missed as a result at the expense of the employer (Article 254 of the Labor Code of the Russian Federation).

Meanwhile, women with children under the age of one and a half years, if it is impossible to fulfill previous work are transferred, upon their application, to another job with wages for the work performed, but not lower than the average earnings at the previous place of work until the child reaches the age of one and a half years (Article 254 of the Labor Code of the Russian Federation). Also, pregnant women and women with children under the age of three cannot be involved in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

In this situation, the transfer to another job is carried out as follows:

The parties conclude an additional agreement to the employment contract
The manager issues an order to transfer to another job
The personnel officer makes records of the transfer in the work book and personal card in the form of number T-2

A situation may arise when the employee does not want to interrupt her vacation or go part-time. In this case, there is no need to force her to interrupt her vacation. It is enough to invite her to drive up to work to draw up an additional agreement to the employment contract or send a courier to her. True, it is recommended to acquaint the employee with a new signature. job description in order to avoid refusal to perform duties that may come as a surprise to her. This must be done before signing an additional agreement to the employment contract.

The procedure for drawing up an additional agreement:

Date of change of labor function - we indicate the date from which the employee will perform a new labor function (work in a new position or in another department). This can be the current date (in the case when the structure of the company is changing) or the actual date of its return to work from parental leave.
In an additional agreement, it is possible to indicate (not necessarily) that the employee began her new duties after leaving the parental leave.
If, when transferring to another position (department), the employee's salary changes, then these changes should also be made to the supplementary agreement.

AGREEMENT No.__

to the employment contract No. 16 dated 10.10.2005, concluded

between LLC "Astra" and Petrov Petr Petrovich

on amendments to the employment contract

in connection with the transfer of an employee to another job

Limited Liability Company "Astra" , referred to as the "employer", represented by General Director Anatoly Alekseevich Afanasyev, acting on the basis of the Charter, on the one hand,

and Petrov Petr Petrovich , called "employee" (passport series 1804 No. 333615, issued on 10.02.2003 by Krasnooktyabrsky District Department of Internal Affairs of Volgograd), on the other hand,

in connection with an application received from an employee for the transfer to the position of a legal adviser,

have entered into this agreement to amend the employment contract.

1. To exclude from the employment contract No. 16 of 10.10.2005, concluded between LLC "Astra" and Petrov Petr Petrovich (hereinafter referred to as the Labor Contract) the following points: p. 1.7, p. 1.9.

2. State in a new next edition paragraphs 1.1, 4.1 and 5.1 Labor contract:

"1.1. The employee is recruited to the position of legal adviser in the legal department of the employer.

Under this employment contract, the employer undertakes to provide the employee with work for a specified labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing norms labor law, collective agreement (if concluded), agreements, local regulations and this agreement, timely and in full pay wages to the employee, and the employee undertakes to personally fulfill the obligations specified in this agreement and the employee's job description, to comply with the internal labor regulations, acting for the employer. The employee is familiar with the job description of the legal adviser.

The date of commencement of work, that is, the date from which the employee is obliged to start work as a legal adviser - May 20, 2011 "

“4.1 An employee is assigned a 40-hour working week, a standardized working day.

The start time, end time of work, breaks in work is determined by the following:

The employee is provided with days off: Saturday, Sunday. "

"5.1. The employer undertakes to pay the employee a monthly salary in the amount of 10,000 (ten thousand) rubles."

3. The terms of the employment contract not affected by this agreement remain unchanged.

4. This agreement, and accordingly all the amendments to the employment contract agreed upon by it, shall enter into force on May 20, 2011.

5. This agreement is an integral part of the employment contract.

6. This agreement is drawn up and signed in two copies: one for each of the parties, while both copies have equal legal force.

Details and signatures

When concluding an employment relationship, the parties sign an employment contract (TD), in which the working conditions are indicated. If the employer or employee has a desire or need to change any item in the document, then they can do this only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation).

If the initiative comes from the employer, then he must obtain the written consent of the employee for the transfer. In such a situation, the order of actions will be as follows:

Preparation of a written proposal for a transfer to a new position (2 copies).
Registration of the proposal in the notification log.
Acquaintance of the employee with the proposal against signature.
If the employee gives his consent, then he draws up a written application requesting an appointment.
Registration of the application in the journal.
Preparation (2 copies signed by both parties).
Drawing up an order by the head of the transfer to another workplace.
Acquaintance with the order of the employee against signature.
Registration of the document in the journal of orders of the enterprise.
Making an entry into the employee's personal card.
Filling in the appropriate column in the work book.

If the employee does not want to accept the offer to change the position from the employer, then an act of refusal to receive the offer is drawn up with the signature of the originator and two witnesses.

If the employee himself has expressed a desire to transfer to another workplace, then he independently writes an application addressed to the employer with a request for transfer, in which he indicates the position and department. Further actions in both cases are no different.

How to correctly transfer an employee to another position in the organization?

Do you need the written consent of the employee?

When an employee is appointed to another position, the terms of the employment contract between the parties change. Situations can be as follows:

In other words, during the transfer, the employee's work functionality or the place of work itself changes. If the employer initiates such changes, then he must obtain written consent from the employee. If the transfer is not associated with additional movements, then there is no need to obtain consent (Article 72.1 of the Labor Code of the Russian Federation). Also, a transfer to another position may be associated with the desire of the employee himself or with medical indications.

Actions when making a translation with written consent:

The boss prepares an appropriate document, which indicates the reason and personal data of the employee.
After the consent of the head of the department for the transfer, this proposal goes to the employee.
After signing it, the employee draws up a transfer application.

If the transition is made out for a certain time period, then such information is not entered in the work book.

In what cases is it prohibited and in what cases is it allowed?

If the employee does not give his consent, then transfer is possible only in some cases(Article 74 of the Labor Code of the Russian Federation):

to prevent an accident, eliminate the consequences of an emergency;
in order to prevent downtime of the enterprise and the occurrence of an accident, as well as damage to property;
instead of an employee who did not go to his workplace.

It is forbidden to transfer and transfer an employee to work that is contraindicated for him for health reasons (Article 72.1 of the Labor Code of the Russian Federation).

How to make a change in the terms of the TD and draw up an additional agreement?

As a rule, a responsible employee of the personnel department is engaged in the compilation of the company. The document is drawn up according to the template available in the organization, but the form can be any, since it is not established at the legislative level. The main condition is the availability of all the necessary information.

In addition to the TD, the following information must be indicated:

name of the document and its number;
the number and date of the conclusion of the TD, to which the document on the transfer to another position will relate;
place and date of the agreement;
the name of the company where the employee works;
Name and position of the head;
Full name, position and passport data of the employee.

The text of the agreement indicates the clauses that are subject. In addition, it is imperative to mention which part of the employment contract remains unchanged. The agreement must indicate the date from which the document comes into force, as well as the fact voluntary consent parties.

The wording of the text of the agreement may be different, the legislation does not establish clear requirements. For example, if a translation is initiated by an employee, the text may be as follows: “An employee, at his own request, from April 14, 2018, is transferred to the position of senior engineer. The employee has a salary of 40,000 (forty thousand) rubles. "

The supplementary agreement must be drawn up in duplicate. After signing, one copy is handed over to the employee, and the second remains with the employer. The agreement is endorsed by both the employee and the employer.

How to draw up an order?

Drawing up an order to transfer an employee to another position is the final stage of the personnel procedure. There are special forms of such an order - No. T-5 and T-5a, but their use is not required. The employer can develop his own order form.

The transfer order will be worded as follows:

document test starts with the word "Translate";
then the full name and current position of the employee, as well as the new place and division for the appointment, are indicated;
date of commencement of duties at the new workplace, term, working conditions and wages;
reason for transfer.

The order is issued at the enterprise in one copy. As a rule, it is drawn up by an employee of the personnel department. The document is signed by the head of the enterprise. After reading the document, the employee also puts his signature on it.

How to leave an entry in the work book?

When appointing an employee to another position, a corresponding entry must be made in his work book. This kind of information is entered in accordance with legal requirements. The responsible person is the employee of the personnel department. The entry in the document is made by hand and should not contain errors and blots.

The relevant information is entered in each column of the work book:

serial number of the record;
date of entry in the work book;
transfer information "Transferred to such and such a position";
the date and number of the order of appointment.

In case of internal translation, the name of the organization is not indicated. If the unit changes, then this must be reflected in the record.

The record is certified by the seal and signature of the head. An entry in the work book can be made only on the basis of an order signed by the head on the appointment of an employee to another position.

Below you will see an example of an entry in the work book about the transfer of an employee to another position:

Any of them occur only by agreement of both parties, but any of them can be the initiator.

It is especially necessary to pay attention to the correctness of the entire personnel procedure, since the appointment of an employee to a new position should take place exclusively in accordance with the legislation. The HR department employee is responsible for drafting and preparing all documents required for translation.

If it becomes necessary to transfer an employee to another full-time position, you need to draw up an additional agreement on the transfer to another position. The final stage in the design of the translation is the publication by the head of the corresponding order. Such an order is drawn up according to the standard form T-5.

Transfer to another position

The position for which the employee is accepted must be indicated in the employment contract. She fits in according to staffing table approved by the organization. In this case, the specialty of the employee must contain information about the qualifications and profession. To change the position, if necessary, the consent of the employee is required. To formalize such a change to the employment contract, an additional agreement is drawn up. Transfer to a position involving work that is contraindicated for an employee for medical reasons is not allowed.

Supplementary agreement to the employment contract for the transfer of an employee

The legislation does not provide for a special form according to which an additional agreement must be drawn up when translating. This document is in free form.

The text of such a document must contain:

date and place of preparation of the document;
title, for example: "Supplementary Agreement to the Employment Agreement No. 23 dated November 23, 2012". If this is not the first supplementary agreement, then you need to put its corresponding number;
description of the parties to the document;
the essence of the changes being made: detailed description new responsibilities, new job title and others important points(for example, the term of the transfer);
signatures of the parties.

An additional agreement on the transfer to another position is drawn up in two copies. All two copies are equally valid. One remains with the employer and is filed into the employee's personal file, and the second is given to the employee.

After signing the additional agreement, the head issues an order. It must reflect all the agreed changes:

the name of the new position;
new labor functions;
wages;
transfer time;
other changes that have occurred.

Transfer to a permanent job

An employee in the cases specified in the Labor Code may be hired under a labor contract of limited time. The condition on the temporary nature of the work can be changed by the employer with the consent of the employee. Such a change is formalized by drawing up an additional agreement to the employment contract.

An additional agreement on the transfer to a permanent job must contain a condition that the term of the employment contract is excluded. After this document, the manager issues an order that the employee is transferred to a permanent job.

Labor Code regulates the situation when the employee continues to work in the company after the expiration of the period for which the employment contract was concluded. If, at the same time, the employer has not demanded to terminate the employment contract, then the condition of the urgent nature of the employment relationship automatically loses its force. In this case, an additional agreement need not be drawn up. However, the order to the head still needs to be issued.