Each company in a certain period of time is faced with a situation where an employee needs to change his function in the organization.
This may be a transfer to another position or to another structural subdivision. The reasons can be different: production necessity, reduction or expansion of the staff, personal request of the employee or other compelling circumstances. The personnel officer or authorized person must know how to arrange for the transfer of the employee to another position.
General translation rules
The transfer is temporary or permanent, but in any case, it is necessary to pay attention to the medical record of the employee.
A new position and working conditions should not be contraindicated for health reasons.
Appointments can only be made with the consent of the employee. He must provide an application for transfer to another position.
Without the approval of the employee, only temporary transfers are possible without changing the terms of the employment contract.
An employee can be relocated both within one enterprise and sent to another locality or to another employer.
If the employee does not agree with the transfer, he has the right to challenge it. In the event that the transfer is deemed illegal, the employee must be reinstated in a previous position. The authorized body may appoint the amount of compensation for the period when new duties were performed.
Permanent translation
In this case, the change in the function performed is permanent. The employee must submit an application for transfer to another position, indicating the structural unit. Any employee is entitled to submit such a document. If the request is satisfied, then enter into an additional agreement and attach it to the employment contract.
Without fail, the personnel officer or authorized person must make changes to the employee’s personal card and (if necessary) to the personal account. This is done on the basis of a transfer order.
Sometimes an employee does not know how to correctly write an application for transfer to another position. The sample will help you deal with key points.
Is it necessary to draw up an additional agreement?
In the employment contract, the clauses “Place of work” and “Labor function” are mandatory, therefore, in case of changes, an addition to the main contract should be concluded. It is signed by the employer and employee, since without the consent of the employee it is impossible to change the terms of the contract.
When filling out the order, in the line “Basis” you need to specify the details of the additional agreement. In the event that a contract with the employee was not concluded, it is necessary to enter specific documents that serve as the basis for the transfer, including a statement on the transfer to another position. The “Base” line does not need to be filled.
Where is the constant performance of a new labor function displayed?
All permanent transfers must be recorded in the work book. A record must be made no later than ten days from the moment the order was drawn up. Changes are made in accordance with generally accepted rules for filling out this document.
Temporary Transfer
By agreement of the parties, a temporary change in the function performed or a change in the structural unit is possible. At the same time, the employee continues to work with the same employer.All changes must be recorded in writing, therefore, first of all, the employee is obliged to write an application for transfer to another position.
It is important to know that in the event that the agreement has expired and the employee was not provided with the previous position and he did not demand to return his labor function, the transfer is considered permanent.
If the transfer is necessary at the time of replacement of another employee, then the agreement expires after it goes to work. Temporary performance of duties is not recorded in the work book.
When is a translation required?
There are certain circumstances when an employer does not have the right to refuse an employee a temporary transfer. If the workplace poses a threat to the health and life of a person, they are obliged to provide him with another job until the danger passes.
Women in a medical condition may be excluded from those types of work where adverse production factors are present. At the same time, average earnings should be maintained. Pregnant women, as well as those who have children under three years of age, cannot be involved in shift work.
Employer-initiated translation
In order to make an application for transfer to another position according to all the rules, the form should be something like this.
The organization allows changes in technological or organizational working conditions due to production needs. In this case, the employer may unilaterally change the terms of the employment contract (with the exception of the employee’s work function).
Download application form for transfer to another position
