In some cases, the employer offers the worker to fulfill previously unrequited duties or moving to another location. This case is described in the Labor Code of the Russian Federation. “Transfer to another job” is the name of article 72.1. It describes the conditions that should be observed in such changes. Let's look at what the legislator requires from the head when transferring to another job. The Labor Code of the Russian Federation rather strictly regulates the process itself and its subtleties. We will try to disassemble them.
The content of our article
It should be noted right away that the Labor Code of the Russian Federation considers transferring to another job in the form of several options. It is carried out, firstly, temporarily or on an ongoing basis. Secondly, transfer to another job (Labor Code of the Russian Federation, clause 1 of article 72.1) cannot be made without the written consent of a person. We are talking about all cases of changing the duty station, except those that do not entail changes. working conditions. The transfer can take place within one enterprise. In this case, the terms of the contract change. When “transferring an employee to another job” (Labor Code of the Russian Federation, clause 2 of article 72.1) is carried out to another production, the contract in this organization is terminated. In a new place, a different contract is concluded. Paragraph 3 of this article refers to the case when the transfer does not entail changes in the contract. It is carried out without a written statement by a person. The last provision of this paragraph is prohibitive. If a person’s state of health prevents him from doing the work that his boss plans to entrust him with, then the Labor Code of the Russian Federation prohibits transferring to another job. Now let's disassemble everything in more detail.
Types of transfers and employment contract
With a person who got a job, conclude a contract. It describes its main functions. It is forbidden to demand that an employee fulfill other duties not officially prescribed. Transfer to another job (article of the Labor Code of the Russian Federation 72.1) implies just such changes. That is, the worker is invited to do what was not previously provided. This should be formalized in a new contract. As a rule, an order is issued at the factory that describes a change in duties and conditions. But this document does not replace the new treaty. That is, if a transfer is made to another place of work (Labor Code of the Russian Federation, Article 72.1), it is necessary to conclude another contract. An exception is cases of temporary changes in the labor function. In addition, if a worker is entrusted with activities similar to those described in the contract, then the new contract is also not concluded. For example, if an employee is entrusted with the management of another mechanism or the fulfillment of the same duties as before, but in a different branch located in the same city. This does not change the conditions of his work. Therefore, it does not require the conclusion of another contract.
The meaning of the translation
It should be noted that the described change in working conditions is used for various purposes. The employer uses the transfer in order to redistribute the labor force and use it more efficiently. In addition, translation sometimes guarantees that the right to work is respected. This happens when there is no business in the production corresponding to the qualifications of people. They are fired with the provision of a job in another production. Translation sometimes acts as a means of labor protection. These are cases when a worker changes his workplace for medical reasons. Translation also acts as an incentive.For example, a specially deserved person can be transferred to a position with a higher salary. Only punish such an event is impossible. TC in the list of disciplinary methods does not contain a transfer to a position with a lower salary.
The procedure for transferring to another job
The Labor Code of the Russian Federation also regulates this issue. Let's look at how the relevant documents are drawn up. It is important that the proposed location is on the staffing table. Sometimes the company needs to perform special functions. They should be reflected in the documents. The place should be free and have a job description different from the one that the employee is currently performing. These documents confirm the change in working conditions. The manager in practice talks with the employee, offering him a translation. Initiatively, without prior approval, this is rarely done. After obtaining general consent, the personnel officer shall request written consent from this person. That is, a person writes a statement. In it, he indicates that he agrees to the transfer to such a position from a certain date. On the basis of a statement endorsed by the head, the personnel officer prepares a draft order. It should indicate the position to which the person is transferred, date, salary, and more. It is important to note whether a person will temporarily or permanently fulfill their stated responsibilities. After signing by the head, the employee becomes acquainted with the order, which this paper concerns. It is necessary that he sign the document.
Temporary transfer to another job
The Labor Code of the Russian Federation considers this case separately. The employer, if necessary, has the right to initiate the transfer of the worker to another place. It is about changing responsibilities. If a person agrees to do new work only temporarily, then this is indicated in the order. At the same time, the former place remains with him. This condition is required. Consequently, the personnel officer must reflect it in the order. In addition, he is obliged to determine the date of transfer. For example, the production need requires that the assistant secretary substitutes an accountant at the time of writing the report. All this is clearly reflected in the order. Previous duties are removed from the person, he must only perform new ones. And when the time comes, he returns to his place.
In addition, there are also conditions that are presented by the Labor Code of the Russian Federation. The transfer to another job at the initiative of the employer is considered in terms of remuneration. If the salary in the new position is less, then the person is paid the same within a month. When he had to do other work as a result of an injury, illness, injury, earned at the enterprise, then the salary remains at the same level until he is fully restored or has a disability. Each of the situations must be documented.
Health Translation
This type of job change is initiated mainly by the worker himself. The statement should be accompanied by a certificate from the clinic or hospital, confirming that he can not work in the same place. Then the administration offers him other duties. They must be consistent with the qualifications of the worker. If such a place at the enterprise is not available, choose from other free. But for a person it is necessary to keep the previous salary for a month, if a new job is paid lower. If the health of the worker is restored, then by agreement he can be transferred back. This is decided individually, by agreement between both parties.
Errors in the interpretation of legislation
Translation is one of the difficult moments for both parties. The personnel officer should clearly comply with the Labor Code of the Russian Federation. Transfer to another job cannot be carried out without a corresponding application. This must be remembered by the administration and employee. Many were faced with the fact that the leadership instructs to carry out completely not what was prescribed in the contract. And then it turns out that the work is more highly paid and difficult. Without a written order, one should not agree.A document acquires legal force only if confirmed by a personal statement. That is, the legislation is designed in such a way as to complicate the possibility for the employer to exceed his own rights and to protect the working citizen.
At the same time, experts sometimes abuse the opportunities that TC provides. They require the authorities to transfer to a more convenient place, without justifying it. In such a situation, the decision remains with the management. It is recommended to negotiate. It is much simpler and cheaper than understanding the court. Sometimes the administration needs to meet the worker. For example, to transfer pregnant women to a place where the fetus will not be threatened by the environment. Agree, this is correct and useful. They also resort to transfers when it is necessary to reduce staff. This situation is described in labor law separately. It should be remembered that the bosses are obliged to offer the worker available vacancies. And he himself decides whether to agree or refuse.
If the employee is against the transfer
Such cases also happen, and often. A worker may not agree to transfer for various reasons. The administration has no right to punish him for this. You should find out why a person is stubborn, refuses another place. It is likely that the cause will be removable, a person can be convinced. For example, young people often lack work experience, because they are afraid of translation. It is worth explaining in detail to a person the responsibilities, telling about career prospects. In addition, it is recommended to give the employee time to get accustomed, to promise that he will not suffer if he does not cope with the work entrusted to him. Initiatively, the authorities can transfer a person without an application only for a month, and even then in the most catastrophic circumstances. They are described in legislative acts. For example, these include situations where production stops due to an economic or technical crisis, a robbery or other emergency situation.
Conclusion
Labor relations is not an easy topic. It is replete with all sorts of subtleties and pitfalls. Nevertheless, when resolving contentious issues, it should be remembered that we are all human. You know, both sides are much easier to agree than to sue for years. The processes are sometimes delayed for a very long period. The parties are trying to trick to prove their case. And both the worker and the enterprise suffer. Both suffer serious losses, nerves spend, do not develop. Why is this necessary, if you can sit down, talk and make a general decision. Do you agree?
