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

The transfer 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 to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract.

The circumstance is also not considered a transfer if the structural unit in which the employee works is not specified in the employment contract.

All translations are divided into:

• temporary,
• permanent,
• mandatory transfers.

In turn, temporary transfers can be divided into those carried out with the consent of the employee and transfers without consent. Let's look at all types of translations in order.

Permanent transfers of an employee to another job

A permanent transfer is issued 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 changes (for example, the manager of the purchasing department is transferred to the sales department);
• the employee is transferred to work in another area ( locality) 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 an agreement has been reached between the employee and the employer. It is mandatory to obtain the written consent of the employee. If the employee does not object to the transfer, he expresses his consent either on the proposal of the employer, or in a separate document (application).

What an employer needs to do:

1. Conclude 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 in connection with the transfer. The agreement is drawn up in two copies for each party, on the copy of the employer, the employee puts a mark in receiving his own. 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.
2. Issue an order to transfer to another position and to another unit (form N T-5 or arbitrary).
3. Make a record of the transfer to another job in the work book. In column 4 of the work book, you must specify the details of the transfer order. The entry must be made within a week from the date of issuance of the order (clause 10 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, hereinafter referred to as the Rules).
4. Enter 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 re-qualification of an open-ended contract into an urgent one is not regarded as an infringement of the rights of an employee, it is better to terminate the previously concluded employment contract and conclude a new fixed-term one.

5 situations when the employer is wrong

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

Answer: According to Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, 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 reduced without the consent of the employee. Is it legal?

Answer: Changing the terms of the employment contract, in particular wages, 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 incorrectly.

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

Situation 3: The employee holds the position of chief specialist. The position of head of 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 an 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 working in an 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 issue a temporary transfer of the employee to another position.

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

Answer: hiring a foreign citizen to work not in the specialty specified in the work permit is not legal. 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 Federal Migration Service and the courts to work without a permit (Decision of the Moscow City Court dated 12.12.2011 N 7-2678; Resolutions of the Federal Antimonopoly Service of the North Caucasus District dated 05.21.2012 N A53 -16050/2011, Supreme Court RF dated September 23, 2011 N 18-AD11-15). And entails the imposition of significant penalties or suspension of the organization, 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 on her transfer to a lower position and a decrease in wages. Is the employer legally acting, motivating the specified transfer by the need to reduce the expenses of the organization?

Answer: The employer is acting illegally. An employee cannot be recalled from vacation without her consent and transferred (Article 125 of the Labor Code of the Russian Federation). Transfer without the consent of this employee is only allowed on the basis of a medical report. Thus, her former 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 makes the 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 against the actions of the employer, thereby being reinstated in her previous position.

Temporary transfers to another job

Temporary transfer to another job is made for a certain period. At the same time, the employee’s labor function and (or) structural unit is temporarily changed, if it was indicated 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 before 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 with temporary transfers, the entry in work book employee is not issued, regardless of the reason and term for such a transfer. If the deadline is not known, they write "until the temporarily absent employee leaves." And already on the basis of the agreement, an order for a temporary transfer is issued.

When such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained, then it is valid until the employee returns to 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 transfer period has expired, and the employee was not provided with the previous job and he did not demand its provision 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 it states the fact that the transfer, which was originally issued as temporary, is now considered permanent. And in this case, it becomes necessary to make an entry in the work book of the employee.

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Transfers with the consent of the employee

The employer may also temporarily transfer the employee with his consent for the period of suspension of work due to an administrative suspension of activities or a temporary ban on 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, the place of work (position) and average earnings(Article 220 of the Labor Code of the Russian Federation).

Transfers without the consent of the employee

The period of 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 or man-made disasters, industrial accidents, industrial accidents, fire, flood, famine, earthquake, epidemics or epizootics and any exceptional cases that endanger the life or normal living conditions of the entire population or part of it (part 2);
• downtime (temporary suspension of work due to economic, technological, technical or organizational reasons);
• 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 emergency 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 part of it. It is strongly not recommended to transfer an idle employee to another job if he does not agree to this. If no emergency circumstances are identified, then the transfer of the employee will be declared illegal.

A transfer without the consent of the employee is executed by order of the employer, indicating the circumstances that caused such a transfer. If an employee is transferred to a position requiring a lower qualification, he should be asked to written agreement. At the same time, payment is made in an amount not lower than the average earnings for the previous job.

Transfer to another locality

Transfer to another locality 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, however, there are nuances and the employer needs to know about it.

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

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

In a situation where the organization's legal address has changed and the executive body has changed its location, but the actual place of work of employees has remained the same, it is not necessary to issue a transfer.

Employees who refuse to be transferred to another locality must be dismissed under paragraph 9 of part 1 of 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 ordinary dismissal, form No. T-8 (or form No. T-8a), approved by Resolution No. 1, is used to formalize the termination of employment relations with employees.

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

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

Employers should not forget important point: if the employee agrees to move to work in another area, he will have to reimburse:

• expenses for the relocation of the employee himself, his family members and the transportation of property (except for cases when 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).

Mandatory transfer to another job

Situations in which the transfer is mandatory occur both at the initiative of the employee (when he has the right to require the employer to transfer to another job), and at 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 while the danger is eliminated (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 with a medical certificate;
• reduction in the number or staff of employees in the organization;
• in case of suspension of a special right;
• a 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.

1. The employee provided a medical report 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 02.05.2012 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 he has, 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 remove the employee from work for this period while maintaining the place of work (position). In this case, during the period of suspension, wages are not accrued to the employee. 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 the appropriate job, 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 for medical reasons, 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 within one month from the date of transfer. If the transfer is related to an industrial injury, occupational disease or other damage to health associated with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation). Arbitrage practice this confirms. The judges ruled that the employer’s obligation to maintain 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 (Appeal ruling of the Vologda Regional Court of September 13, 2013 N 33-4301 / 2013).

1. 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 a job corresponding to qualifications, and a vacant lower position or a lower-paid job). If the transfer cannot be made, the employee will have to be fired on the basis of paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. About the upcoming dismissal due to a reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal (Article 180 of the Labor Code of the Russian Federation).
2. If an employee has lost the opportunity to perform duties under an employment contract in the event of suspension of the employee’s special rights (licenses, the right to drive a vehicle, the right to carry weapons, etc.) for a period of up to two months, the employer is obliged to transfer the employee to another available job (as a vacant a position or job corresponding to qualifications, as well as a vacant lower position or lower-paid job) that an 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 required to offer all relevant specified requirements vacancies 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 the employee 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 a 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 paragraph 9 of part 1 of Art. 83 of the Labor Code of the Russian Federation.
3. In accordance with the medical report, the employer must transfer the pregnant employee to another job that excludes the impact of adverse production factors, while maintaining the average earnings from the previous job. A statement is required from the employee. Until other work is provided, a pregnant woman is released from work. She retains the average earnings for all missed working days as a result of this 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 perform their previous work, they are transferred at their request to another job with wages for the work performed, but not lower than the average earnings at the previous place of activity until the child reaches the age of one and a half years (Art. 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:

1. The parties conclude an additional agreement to the employment contract
2. The manager issues an order to transfer to another job
3. The personnel officer makes entries about the transfer in the work book and personal card in the form No. T-2

A situation may arise when an employee does not want to interrupt her vacation or go on part-time work time. In this case, there is no need to force her to interrupt the vacation. It is enough to invite her to drive to work to draw up an additional agreement to the employment contract or send a courier to her. True, it is recommended that the employee be familiarized with the new job description against signature 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 issuing an additional agreement:

1. Date of change of labor function - indicate the date from which the employee will perform a new labor function (work in a new position or in another department). This may be the current date (in the case when the structure of the company changes) or the actual date of her return to work from parental leave.
2. In the additional agreement, it is possible to indicate (optionally) that the employee began her new duties after leaving parental leave.
3. If, when transferring to another position (in a department), the salary of an employee changes, then these changes should also be made to the supplementary agreement.

Instruction

First of all, ask the employee to write an application for a permanent transfer. This document must be completed before the end of the temporary contract. An application is made in the name of the head of the company. The main text should read as follows: “Please transfer me to permanent job to the position (specify which) in the department (name) from (date)”. At the end of the document must be the signature of the applicant and the date of preparation of the document.

Based on this document, issue an order to transfer an employee to another job (form No. T-5). In this document, indicate the full name of the employee, the type of transfer, the previous and new place of work. In the "reason for transfer" column, indicate that the employee is being transferred from a temporary basis to a permanent one. Be sure to indicate the number of the previously concluded employment contract, the date of its signing and expiration. Sign the order, give it to the employee for signature.

Draw up a new employment contract. Specify the working conditions (position, salary and other factors), the rights of both parties and obligations. Make two copies of the document (one for the employer, the second for the employee). Sign, affix the seal of the enterprise, give it to the employee for signature.

Draw up a job description, make a note in the employee's personal card. In the work book, make an entry indicating the position, date and number of the order. Issue a change order staffing and holiday schedules. Make changes to these documents.

You can also register an employee for a permanent job by terminating temporary contract. But in this case, the employee's experience,. You will have to issue a new order, fill out a new card, form a case. This procedure is carried out in the event that in advance, before the end of the term of the temporary contract, they did not manage to draw up all the documents necessary for the translation.

Transfer to a permanent place of work can be carried out within the organization, as well as from one employer to another. Permanent transfer implies a change in the employee's labor function. With an internal transfer, an order is issued and an entry is made in the work book, with an external transfer, the employee must go through the dismissal procedure with one employer, and the reception with another.

You will need

• - employee's documents;
• - documents of enterprises;
• - seals of enterprises;
• - forms of relevant documents;
• - pen;
• - Labor Code of the Russian Federation.

Instruction

If a transfer is made to another employer, then the director of the enterprise who wants to hire in his organization writes an invitation letter addressed to the director of the company where the employee is currently working. In the document, the employer indicates the surname, name, patronymic of the employee, the position he holds, the date from which the manager intends to hire this specialist. Assigns a number and date to the letter, certifies it with the seal of the company and the signature of the first person of the organization.

The current employer writes a letter of representation to the new employer about the transfer and attaches a reference to the employee if necessary. The director of the enterprise, who wants to hire this employee, writes a response letter of his consent, certified by the seal of the organization and the signature of the head of the enterprise.

Make a notice of the transfer of this specialist to another employer two months before the transfer. Obtain the written consent of the employee in the form of familiarization with this notice.

Draw up a dismissal order by transfer, referring to article 77 Labor Code RF. Certify the document with the seal of the enterprise, the signature of the director of the enterprise. Familiarize the employee with the order against signature.

After two months, make an entry in the employee's work book about dismissal by transfer to another organization, issue cash for settlement, close the personal card for the employee.

Having received a work book in his hands, the employee writes an application for employment from another employer, an employment contract is concluded with him without establishing a probationary period, an order is issued for hiring by transfer from another organization. A corresponding entry is made in the work book of a specialist, a personal card is entered for a citizen.

If the transfer is in-house, you must notify the employee in writing of the impending transfer two months prior to the expected transfer date. The employee can write his consent in the form of a statement or familiarization with the notice with the date and signature.

Conclude an additional agreement to the contract on changing the duties of the employee. Based on the agreement, draw up an order in which indicate the position of the employee, his last name, first name, patronymic, as well as the name of the position, the structural unit where the specialist is, indicate the amount of salary.

Make an entry in the employee's work book about the transfer, indicating the position and structural unit where the employee will work. In the grounds, enter the number and date of the transfer order.

Sources:

• Transfer to another job in 2019

Tip 3: How to transfer an employee from one position to another

If you need to transfer an employee from one position to another, you should receive an application from him. On its basis, an additional agreement is drawn up, the director issues an order. The personnel officer needs to make a mark in the employee’s personal card and make an entry in the specialist’s work book.

You will need

• - enterprise documents;
• - seal of the organization;
• - application form for transfer;
• - labor contract;
• - order form in the form of T-8;
• - labor legislation;
• - employee's documents.

Instruction

If the initiator translation but is an employer, then he should write an offer addressed to the employee. The document is drawn up in any form, where the following items will be mandatory details: name positions, the amount of wages on it, other working conditions. The employee needs to familiarize himself with the proposal and put his signature in the appropriate field.

If the specialist agrees to translation then he should make an application. The "cap" of the document should consist of the name of the enterprise, surname, initials and positions manager, as well as personal data of the employee. The content contains a request for translation e from one positions to another. The application is signed and dated by the employee. The director must endorse the document.

If the initiator of such translation and the employee speaks, then he needs to write a statement in which he should indicate the reason why such a procedure is necessary.

Draw up an additional agreement to the contract () with the employee. In it, specify the working conditions for positions, on which translation. Familiarize the employee with the instructions in advance. Certify the agreement with the signature of the director, the seal of the company. It should be borne in mind that the salary of a specialist with translation can not be set lower than the one he received on the previous positions. When concluding an additional agreement, the specialist signs it, thereby expressing his agreement with the conditions.

The statement of the employee and the agreement to the contract are the basis for issuing an order. The administrative document must contain the name of the organization, the city of its location. Number and date the order. Its theme will match translation for a specific position. In the content part, enter the conditions specified in the agreement. Certify the order with the signature of the head, the seal of the enterprise. Familiarize yourself with the document translation imo specialist.

On the employee's personal card, make a note about translation is in its second section. Make an entry in your workbook. Put the number, date. In the job details, indicate the old and new position employee. In the grounds, enter the date, the number of the order on translation e.

Sources:

• How to transfer to another position?

In progress economic activity company executives sometimes hire employees for a fixed period of work. For example, the main employee went on maternity leave or the job is seasonal. One way or another, it is very important to correctly arrange the reception of such personnel.

Instruction

When hiring a temporary employee and paperwork, refer to the Labor Code (Article 59), which states that for such personnel it is necessary to conclude fixed-term contracts with a definite period of validity. To draft legal documents, invite the person to write an application addressed to CEO. Register it in the log of incoming correspondence (if any), assign a serial number to the application and enter it in the appropriate form.

Make copies of all employee documents that are necessary for work: passport, TIN, pension insurance certificate (SNILS), education document, driver's license (if the position requires it), medical certificate.

Draw up a fixed term contract. It must specify the nature of the work, the rights and obligations of the parties. If the employee is temporarily hired to the place of the main employee, indicate the full name. main staff. Be sure to write the term of work, payment procedure. If an employee who is in this position permanently extends his vacation for any reason, draw up an additional agreement to the fixed-term employment contract.

Complete the personal file of a temporary employee and get a personal card, where in the future you will make all changes to labor relations. At the request of the employee, enter information about the new place of work in the work book.

Useful advice

Secure all documents with the seal of the organization and the signatures of both parties - the employer and the employee.

Sources:

• Labor Code of the Russian Federation

When carrying out the economic activities of the enterprise, some managers draw up a schedule work their employees. This document is very convenient to use for those employees who work in shifts. The schedule can only be changed once a month.

Instruction

Schedule work can be drawn up both in an employment contract and in a separate local act. If this condition is spelled out in the contract, changes should be made using an additional agreement. To do this, issue it in duplicate, give one of which to the employee, and keep the other.

Do not forget to notify the employee in advance about making adjustments to the document. To do this, create a notice. Remember that you need to send it no later than one month before the entry into force of the new graphics. Agreeing with the written information, the employee must put his signature and date.

It is possible to transfer a person from a temporary position to a main one only if the employee whose position is being replaced wishes to leave work due to own will or be fired by management. In this case, the procedure for dismissal of the latter is carried out first. The departing employee transfers his affairs to a successor, to whom the management arranges a transfer to another position. From the moment the relevant order enters into force, a new employee may begin his duties.

The dismissed employee has the right to receive paid leave and other social benefits that were not provided to him under the work schedule until that moment. In this case, the applicant can perform his duties during the period agreed with the management, and only after the termination of the procedure for dismissing an employee on vacation or on sick leave is he issued on an ongoing basis.

The employer has the right to transfer an employee working on a permanent basis to another position or to another employer (if the employee himself has no objections to this). In this situation, an appropriate transfer order is drawn up, and at the same time, the preparation of documents (application, management order, employment contract) begins for the registration of another employee working on a temporary basis instead of him. Immediately after the completion of the transfer procedure, the assigned permanent position the employee must immediately begin to perform duties.

You can also make changes to the current staff list by reducing the list of positions or adding a new one. This may be required to release an employee who was appointed to a position on a permanent basis from his previous duties, to eliminate the need to search for new employees, as well as to establish a new position for a temporary employee.

Advice from an Expert - Job and Career Consultant

Related photo

Some employers enter into a temporary contract with employees, for example, when seasonal work. It often happens that the manager is interested in keeping this employee at home, that is, to conclude an agreement with him for indefinite time. Of course, personnel workers may have a question: how to do this, more precisely, how to transfer an employee from a temporary job to a permanent job? Just follow these simple step by step advice and you will be on the right track in your work and career.

Quick step by step guide

So, let's get down to action, tuning in to a positive result.

Step - 1
First, it should be noted that in this case it is not necessary to dismiss, and a transfer is sufficient. Having done this, we move on to the next steps.

Step - 2
Ask the employee to write an application addressed to the manager with a request to transfer to a permanent job. He must also indicate in the document the position, the period of work. The application must be submitted before the end of the term of the temporary employment contract. Otherwise, you will have to apply the dismissal procedure, which means that the length of service for vacation will be calculated from scratch. Having done this, we move on to the next steps.

Step - 3
Then issue an order to transfer the employee to a permanent basis, also indicate in the document the period of his temporary work, the expiration date, the conclusion and the number of the employment contract. Having done this, we move on to the next steps.

Step - 4
After that, conclude an employment contract for an indefinite period. Write down the position, salary, working conditions and details of both parties. At the end, sign, give the document to the employee for signature, then affix the accuracy of the above information with a blue imprint of the organization's stamp. Draw up an employment contract in two copies, one of which is transferred to the personnel department, the second - give to the employee himself. Having done this, we move on to the next steps.

Step - 5
Next, you need to make an entry in the employee's work book. To do this, put down the serial number, date. Next, write that the employee has been transferred to a permanent job, then put down the order number. Having done this, we move on to the next steps.

Step - 6
After that, you need to issue an order to change the staffing and vacation schedule. Based on this document, make changes to the above forms. Having done this, we move on to the next steps.

Step - 7
In the event that an employee worked for you as external part-time worker, he must quit his previous job or transfer to you. To do this, you can write a certificate stating that you agree to accept this employee for a permanent job. The second employer will make a transfer based on it.
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Employees of institutions may be given temporary status for a number of reasons. One of them is the replacement of another specialist in a position if he went on administrative leave, decree, etc. But the former employee may subsequently quit. In this case, the question will certainly arise how to transfer the previously adopted from a temporary position to a permanent job. The procedure does not complex scheme actions. It is not necessary to draw up an application with a request to dismiss, and after it - with a requirement to accept again. However, there are some nuances that are worth considering. They are related to paperwork.

How to translate

The procedure for transferring an employee from temporary to permanent work is regulated by Article 58 of the Labor Code of the Russian Federation. According to it, a fixed-term employment contract concluded with a citizen when hiring on a temporary basis automatically acquires the status of "indefinite" after the expiration of the period of validity prescribed in it, if none of the parties (employee, employer) receives an initiative to complete the labor cooperation.

In order for a fixed-term employment contract to officially accept the status of an open-ended one, it will be necessary to conclude an appropriate additional agreement, which will indicate this.

Features of the transfer of a subordinate from temporary work to permanent work is that it can take place both inside and outside the organization. To carry out an internal transfer, you will need to draw up an order and make an appropriate entry in the work book. For an external transfer, you will first have to remove the employee from his position with one employer and then apply for a job with another.

The step-by-step translation procedure is as follows:

• With an external transfer, the new boss draws up an application addressed to the previous employer, where this moment time the transferred employee works. The document contains the details of the employee, his position, as well as the date of his potential entry into a new position. After the petition is numbered, sealed and signed by the authorities;
• Next, the current employer draws up an appeal to the future boss of the subordinate. There is an exchange of answers-consent, certified by the seal and signature of organizations;

An application for an external transfer from temporary to permanent work must be made at least 8 weeks before the transfer itself. So you will need to obtain written consent from the subordinate.

• Next, an order is drawn up for dismissal-transfer (in accordance with Article 77 of the Labor Code of the Russian Federation). The document is also certified by the seal and signature of the employer. In it, the employee himself affixes a personal signature;
• In the work book, an entry is made about the dismissal in connection with the transfer to another organization. The dismissed employee receives a salary calculation;
• After the employee submits an application for employment in a new institution, concludes a permanent employment contract. An order is also drawn up for employment in a new position in connection with the transfer from another organization. A new personal employee card is opened.

If we are talking O internal translation, within the same firm, it is carried out as follows:

• The pre-transferred employee is notified of the potential transfer at least two months in advance in writing;
• In case of consent, the employee puts down the date and personal signature in the notification;
• After that, an additional agreement is drawn up, which indicates the fact of changing the nature of duties, from temporary to permanent;
• Next is the order. A position is assigned, the amount of wages, place of work and other nuances are negotiated;
• At the end of the internal transfer procedure, a corresponding entry is made in the work book.

Required documents

We invite you to familiarize yourself with list of documentation, is required to carry out the procedure for transferring an employee from temporary work to permanent:

• A petition from an employee with a request to transfer him from a temporary position to a permanent one. It is drawn up before the expiration of the term of the temporary contract;
• An order to transfer an employee from temporary to permanent work, drawn up on the basis of the submitted application. It contains the following information:

1. Variety and grounds for translation;
2. Details of a specialist;
3. Old and new position (if it changes);
4. Number, date of conclusion of a new and expiration of the old employment contract;

• A new employment contract, which indicates the position agreed with the subordinate, the amount of wages, as well as his rights and obligations. Issued in the format of two copies;
• Job description;
• Employment book, in which a new entry will be affixed;
• Order to change the staffing and vacation schedule of the employee.

Permanent translation: approximate step-by-step procedure (general)

PERMANENT TRANSFER OF AN EMPLOYEE TO ANOTHER JOB:

EXAMPLE STEP-BY-STEP PROCEDURE (GENERAL)

1. One of the parties (employee or employer) comes up with the initiative to permanently transfer the employee to another job.

The initiative may be verbal. And the parties in the negotiations come to an agreement on a permanent translation.

The idea of ​​a permanent translation may also have a written form, but this is not necessary.

Continuation of the first step step by step procedure permanent translation:

1.1. If the employee himself comes up with the initiative to transfer to another job, then he can write an application for transferring him to another job (position). The employee's application is registered in the manner prescribed by the employer, for example, in the register of employees' applications.

1.2. If the employer comes up with the initiative to transfer the employee to another job, he can make a written offer to the employee to transfer to another job (position). The working conditions for the proposed position are usually described in the employer's proposal, a copy job description is attached to the written proposal of the employer so that the employee can get acquainted with the labor duties of the position in order to make a decision on the transfer.

The offer is drawn up in duplicate and registered in the manner prescribed by the employer, for example, in the register of notifications and offers to employees. One copy of the proposal is given to the employee. On the second copy (which remains with the employer), the employee writes that he is familiar with the offer, received one copy, puts the date of receipt, and signs. If the employee agrees to the transfer, then he can put a "consensual note" on the employer's proposal or write a statement of consent to the transfer.

The employee's application is registered in the manner prescribed by the employer, for example, in the register of employees' applications.

2. Familiarization of the employee with his job description(for a new position), other local regulatory legal acts directly related to his new position labor activity, - important step vstep-by-step permanent translation procedure.

The procedure for familiarization with local regulations is not defined by the code, in practice there are various options:

Familiarization sheets are attached to the local regulatory act, on which employees put their signatures confirming familiarization, and the dates of familiarization (such sheets are stitched together with the local regulatory act),

Keeping logs of familiarization with local regulations, in which employees put their signatures confirming familiarization, and indicate the dates of familiarization.

A certain procedure for familiarization with local regulations can be enshrined in one of the local regulations of the employer. Find out your employer's procedure for familiarizing employees with local regulations before you begin to familiarize an employee with them.

3. Signing a transfer agreement between employee and employer.

If there are grounds, an agreement on full liability or an agreement to amend the current agreement on full liability is also signed.

The agreement and contract are drawn up in two copies (one for each of the parties), if large quantity copies are not provided for this employer.

4. Registration of a transfer agreement and an agreement on full liability in the manner prescribed by the employer. For example, an agreement may be recorded in an agreement log for employment contracts with employees, and an agreement on full liability - in the register of agreements on full liability with employees.

5. Handing over to the employee his copy of the transfer agreement.

The receipt by the employee of a copy of the agreement should be confirmed by the signature of the employee on the copy of the agreement, which remains in the custody of the employer. We recommend putting the phrase “I have received a copy of the agreement” before the signature.

If an agreement on full liability is signed with the employee, then one copy of it is also transferred to the employee.

6. Issuance of an order (instruction) on the transfer of an employee to another job.

7. Registration of an order (instruction) in the manner prescribed by the employer, for example, in the register of orders (orders).

8. Familiarization of the employee with the order (instruction) under under writing.

9. Making an entry about the transfer in the work book of the employee.

Information about transfers to another permanent job is entered in the work book (part 4 of article 66 of the Labor Code of the Russian Federation).

10. Reflection of information about the transfer in the personal card of the employee.

According to paragraph 12 of the "Rules for maintaining and storing work books, making work book forms and providing employers with them", approved by Decree of the Government of the Russian Federation of 04/16/2003 N 225 "On work books", with each entry made in the work book about the work performed, translation for another permanent job and dismissal, the employer is obliged to familiarize its owner against the signature in his personal card, in which the entry made in the work book is repeated. Personal card form is approved Federal Service state statistics.