Translation is a permanent or temporary change labor function employee and (or) structural unitin which it works (if the unit was indicated in the employment contract), with the continuation of the work of the same employer, as well as the translation to work into another locality together with the employer (Art. 72.1 of the Labor Code of the Russian Federation).

The translation is not considered and does not require the consent of the employee:

• moving it from the same employer to another workplace,
• move it into another structural unit located in the same area
• ordering to work on another mechanism or unit, if it does not entail changes in the conditions of the employment contract.

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

All translations are divided into:

• temporary
• constant
• transfers made at mandatory.

In turn, temporary transfers can be divided into employee and translations without consent. Let's consider all kinds of translations in order.

Permanent worker transfers to another job

The permanent translation is issued in the following cases (Art. 72.1 of the Labor Code of the Russian Federation):

• the labor function of the employee changes (for example, the engineer becomes the main engineer);
• the structural unit specified in the employment contract of the employee (for example, the procurement department manager is translated into the sales department);
• the employee is transferred to the other locality ( locality) In connection with the relocation of the employer.

Permanent translation 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. In mandatory, it is necessary to enlist the written consent of the employee. If the employee does not mind the translation, he expresses his consent or on the employer's proposal, or in a separate document (statement).

What you need to make an employer:

1. Excludes an additional agreement with the employee to the employment contract. In it, you will write the name of the new position, the amount of remuneration and other conditions changed due to translation. The agreement is drawn up in two copies for each side, an employee puts a mark on the employer's instance of the employer. One copy to give the employee, the second copy remains with you, the employee must sign on it that he received his copy of the agreement.
2. Make an order for transfer to another position and to another unit (form N T-5 or arbitrary).
3. Make a record of transfer to another job in the employment book. In column 4 of the Labor book, you must specify the details of the order of the translation. The recording must be made within a week from the day the order of the order (paragraph 10 of the rules of conducting and storing labor books, approved by the Decree of the Government of the Russian Federation of 16.04.2003 No. 225 "On Labor Books", hereinafter - the rules).
4. Add information about the sect. III personal employee card and familiarize him with this record under the painting.

If the employee is translated to a position, which provides for the conclusion of an urgent employment contract. In order for the perfection of an indefinite agreement to urgent, it is better to terminate the previously improved employment contract and conclude a new urgent.

5 situations where the employer is wrong

Situation 1: There are free bets in the organization. An employee asked the chief to translate her to one of them, but he refused. Are the actions of the chief legitimate?

Answer: According to Art. 72 of the Labor Code of the Russian Federation Changes in the Terms of Labor Conditions, including the transfer to another work, is allowed only by agreement of the parties to the employment contract, except for the cases provided for by the TK RF. Thus, yes, the boss has the right to refuse the employee.

Situation 2: The employee was transferred to another department to the same position and with the same amount of work performed, but the salary was reduced without the consent of the employee. Is it legitimate?

Answer: Changes in the terms of employment contract, in particular wages, allowed by general rule Only with the consent of the employee and is issued by an additional agreement to the employment contract. Therefore, the employer did not legitimately.

The situation is not rare when the employer translates the employee to a higher position, and to check the employee, establishes it a trial period:

Situation 3: The employee holds the position of chief specialist. The post of the head of the department was released in the department. The employer wants to offer this position to the chief specialist, but he is not sure if the worker can cope with the duties. Can an employer already working as an employee establish a trial period? Can an employer conclude an urgent employment contract for three months?

Answer: Establishment test period For an employee who carries out employment in the organization is not provided. The test is established only when concluding an employment contract, that is, for a new employee (Art. 70 of the Labor Code of the Russian Federation). The conclusion of an urgent employment contract when transferring to another position will also be unlawful. At the same time, the employer may arrange a temporary translation of the employee to another position.

Situation 4: The employer accepted a foreign citizen to work in accordance with the resolution. However, according to the production need, this employee was transferred to another position not specified in the resolution. Is the employer right?

Answer: Attracting a foreign citizen to work is not a specialty specified in permission to work, it is legitimate. This situation, when the work actually performed by a foreigner does not meet the type of activity specified in the resolution, it is equal to the FMS and the courts to work without permission (the decision of the Moscow City Court of 12.12.2011 N 7-2678; Resolutions of the FAS of the North Caucasus District of 21.05.2012 N A53 -16050/2011, Supreme Court RF dated 09/23/2011 N 18-ad11-15). And entails the imposition of significant penalties or suspension of the organization's activities, which in any case is an unjustified risk for the employer.

Situation 5.: The employer demanded from a female worker on child care, to work for one day to familiarize themselves with the order of its translation to the lower position and decrease in wages. Is the employer actually acts, motivating the specified translation by the need to reduce the cost of the organization?

Answer: The employer acts wrongfully. A worker cannot be recalled from vacation without its consent and translated (Art. 125 of the Labor Code of the Russian Federation). Translation without consent of this female admissible for medical conclusion. Thus, the former position should be preserved behind it (Art. 256 of the Labor Code of the Russian Federation). Thus, the order published by the employer will worsen the position of the employees compared with the established labor legislation and be unlawful. In accordance with Part 4 of Art. 8 TK RF, it cannot be applied. If the employer nevertheless translates without such an agreement and applies the degradation of the rights of the female order, it can resort to the protection of its labor rights to the legislative methods and appeal against the actions of the employer, thereby recovering in the previous position.

Time transfers to another job

Temporary transfer to another job is made for a certain period. At the same time, the employee temporarily changes the labor function and (or) a structural unit if it was indicated in the employment contract. Temporary translations include (Article 72.2 of the Labor Code of the Russian Federation):

• translation to another work carried out by agreement of the parties for a period of no more than one year;
• translating to another work carried out by agreement of the parties to replace the missing employee for a period before his work;
• transfer to another work, due to objective reasons (for example, for up to 4 months in accordance with medical conclusion).

The procedure for typing temporary translation is similar to the one that acts in constant translations. The exception is that with temporary translations records in labor book Employed is conforming regardless of the cause and term of such a translation. If the term is not known, they write "before the exit of a temporary missing employee". And already on the basis of the agreement, an order of temporary translation is published.

When such a translation is carried out to replace the temporarily absent employee, followed by the place of work in accordance with the law, it acts before the release of this employee to work. As a general rule, at the end of the deadline, the translation stops, and the employee is provided with the work provided for by the employment contract.

But it may well be that the transfer period is over, and the staff is not provided to the previous job and he did not require it and continues to work, the condition of the agreement on the temporary nature of translation loses strength and translation is considered constant. In such a situation, it is desirable to parties to fix these agreements in writing by issuing an additional agreement to the employment contract. Further, the employer on the basis of such an agreement issues an order for the personnel in which the fact that the translation was initially issued as temporary, is now considered constant. And in this case there is a need to make a record and an employee's labor book.

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Translations with the consent of the employee

The employer can also temporarily translate an employee with his consent for the time of suspension of work in connection with the administrative suspension of activities or temporary prohibition of activities in accordance with the legislation of the Russian Federation due to violation of state regulatory requirements labor protection is not the fault of the employee. At the same time, the place of work (position) is preserved middle earnings (Art. 220 Tk RF).

Translations without employee consent

The term of temporary translation on the initiative of the employer, that is, without the consent of the employee, may not exceed one month.

In addition, this can be done only in certain cases that are specified in part 3 of Art. 72.2 TK RF:

• catastrophes of natural or technogenic nature, production accidents, industrial accidents, fire, flood, hunger, earthquake, epidemic or epizooty and any exceptional cases that threaten the life or normal life conditions of the entire population or its part (part 2);
• simple (temporary suspension of work for the reasons for economic, technological, technical or organizational nature);
• the need to prevent the destruction or damage of property;
• the need to replace the temporarily absent employee (part 3).

All cases listed above should be caused by emergency circumstances specified in Part 2 of Art. 72.2 TK RF. These include any circumstances that are threatened by life or normal life conditions of the population or its part. It is categorically not recommended to translate an idle employee to another job if he disagrees. If emergency circumstances have not been identified, the translation of the employee will be recognized as illegal.

The transfer without the consent of the employee is issued by the order by the employer, indicating the circumstances that served as the cause of such a translation. If the employee is translated to a position requiring lower qualifications, it should be requested from it written agreement. Payment at the same time is made in the amount not lower than the average earnings for the previous work.

Translation into another area

Transfer to another locality with the employer, that is, a change in the location of the organization is considered a permanent translation. He meets not so often, nevertheless there are nuances and the employer need to know about it.

Registration of such a translation should be held in the following sequence:

1. About such a translation, the employer must warn all employees in advance. Since the timing of such a warning is not established, Article should be guided. 74 TK RF and apply a two-month notice,
2. Suggest workers translation. It is not necessary to send an offer to each employee about the translation, but it is enough to publish one order and bring it to the attention of everyone under the painting.
3. Be sure to get the consent of employees,

In a situation where the organization has changed the legal address and the executive body has changed the location, and the actual work of employees remains the same, the translation is not necessary.

Workers who refused to transfer to another locality should be dismissed by paragraph 9 of Part 1 of Art. 77 TK RF - refusal to transfer to another locality together with the employer. The employee is paid output benefit In the amount of two-week earnings (Art. 178 of the Labor Code of the Russian Federation). As with ordinary dismissal, the form No. T-8 (or form No. T-8A) approved by Decree No. 1 is used to decorate the cessation of labor relations with employees.

With employees who expressed the desire to continue working with this employer in another area of \u200b\u200brelations are made as follows:

• an additional agreement is concluded for the employment contract on transfer to another locality,
• based on the agreement with the employee, an order is published,
• an entry is made to transfer to another locality, even if the employee remains in the same position and in the same structural division,
• an entry is entered in the employee's personal card.

The employer should not forget about such an important moment: In case the worker Songlasen on moving to work to another locality, he will have to compensate:

• the cost of moving the worker himself, members of his family and the provision of property (except in cases where the employer provides employee appropriate vehicles);
• the costs of arrangement in the new place of residence.
• The specific dimensions of the recovery of expenditures are determined by the Agreement of the Parties to the Labor Treaty (Article 169 of the Labor Code of the Russian Federation).

Transfer to another job in obligatory

Situations in which the translation is mandatory occur both on the initiative of the employee, (when he is entitled to demand a translation from the employer to another work) and at the initiative of the employer, (according to circumstances that do not depend on the will of the Parties). At the same time, the employee can be translated both on constant and on a 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 to another work at the time of eliminating the danger (Art. 220 of the Labor Code of the Russian Federation).

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

• medical conclusion is provided;
• in the organization Reduction of the number or staff of employees;
• in case of suspension of special law;
• a woman is pregnant or has children under the age of one and a half years.

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

1. The employee provided a medical conclusion issued in accordance with the procedure for issuing certificates and medical conclusions approved by the 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 translate to another work that has its own, not a contraindicated citizen for health. Translation of an employee to another position, where the work is not contraindicated to him by the state of health, is carried out with his written consent (part 1 of Art. 73 of the Labor Code of the Russian Federation).

True, there is one "but" - if an employee who needs a temporary translation for up to four months refuses to transfer (either the relevant work is absent), the employer must remove the employee from working with the preservation of the place of work for this period. At the same time, in the period of removing wages, the employee is not accrued. At the same time, if an employee needs a temporary translation for a period of more than four months or in permanent translation, then when it refuses to transfer or the absence of an appropriate work at the employer, the employment contract is terminated in accordance with paragraph 8 of the first article 77 of the Labor Code of the Russian Federation (st . 73 TK RF).

With leaders (and their deputies) in need of medical testimony, the situation is different. In their case, the employment contract with them may not stop, and the removal period is determined by the Agreement of the Parties.

There are often cases when the employee is translated into the lower job. The employer is obliged to preserve the average earnings in the same job within one month from the date of translation. In case the translation is associated with labor injury, professional disease or other damage to health associated with work - until the rack of professional working capacity is established or before the employee recovers (Article 182 of the Labor Code of the Russian Federation). Arbitrage practice this confirms. The judges decided that the obligation to preserve the employee of the average earnings arises from the employer since the transfer of an employee to the lower-paid position and is terminated with the establishment of a rack of professional working capacity (the appellate definition of the Vologda Regional Court of September 13, 2013 No. 33-4301 / 2013).

1. When carrying out measures to reduce the number or staff of employees of the organization, the employer is obliged to offer an employee of another available work (as a vacant position or work, appropriate qualifications and a vacant substrait position or lower job). If the translation is impossible to implement, the employee will have to be fired on the basis of paragraph 2 of Part 1 of Art. 81 TK RF. About the upcoming dismissal due to the reduction in the number or staff of employees of the organization, employees are presented by the employer personally and under the painting at least two months before dismissal (Article 180 of the Labor Code of the Russian Federation).
2. If the employee has lost the possibility of executing duties under the employment contract in case of suspension of the action for a period of up to two months of the special right of an employee (licenses, the right to managing the vehicle, the right to carry weapons, etc.), the employer is obliged to translate an employee to another work available (as a vacant Position or work, appropriate qualifications and a vacant subordination post or the lower job), which the employee can perform according to its health status. Of course, in this case, the employer must enlist the written consent of the employee. In addition, the employer is obliged to offer all responding specified requirements Jobs available in this area. Offering vacancies in other locations, the employer is obliged if it is provided for by the collective agreement, agreements, an employment contract. If the worker refused or there is no vacant position, it is removed from work without salary preservation (Art. 76 of the Labor Code of the Russian Federation). If the period of suspension of special rights exceeds two months or an employee is deprived of this right, an employment contract with it is subject to termination in accordance with paragraph 9 of Part 1 of Art. 83 TK RF.
3. A pregnant employee in accordance with medical conclusion, the employer must translate to another work, eliminating the impact of adverse production factors, while maintaining the average earnings for the same work. The employee requires a statement. Before granting another work, a pregnant woman is freed from work. It remains average earnings for all missed due to this working days at the expense of the employer (Art. 254 of the Labor Code of the Russian Federation).

Meanwhile, women with children under the age of one and a half years, in case of the impossibility of performing the previous work, they are transferred to their application for another work with pay for work on the work performed, but not lower than the average earnings at the same place of activity before reaching the child of the age of one and a half years (Art. 254 TK RF). Also, pregnant women and women who have children under three years old cannot be involved in the work performed by the Watching method (Art. 298 of the Labor Code of the Russian Federation).

In this situation, the translation to another work is carried out like this:

1. The parties conclude an additional agreement to the employment contract.
2. The head publishes an order to transfer to another job
3. Personnel makes records of transfer to the employment record and personal card in the form No. T-2

A situation may arise when a worker does not want to interrupt vacation or go to incomplete working time. In this case, there is no need to force her to interrupt vacation. It is enough to invite it to drive up to work for registration of an additional agreement to the employment contract or send courier to it. True, it is recommended to familiarize the worker to the painting with a new job description in order to avoid refusing to fulfill the responsibilities that a surprise may be for it. It is necessary to make it before signing an additional agreement to the employment contract.

The procedure for issuing an additional agreement:

1. The date of change of labor function - we indicate the date with which a worker will implement a new labor function (work in a new position or in another department). This may be the current date (in the case when the company's structure is changing) or the actual date of its access to the childcare leave.
2. In an additional agreement, it is possible to indicate (not necessarily) that a worker has begun to their new duties after leaving the childcare leave.
3. In case, when transferring to another position (in the department), wages of workers are changing, it should also make these changes in the Additional Agreement.

Instruction

First of all, ask the employee to write a statement on the translation to the permanent basis. This document must be issued until the end of the time contract. The application addressed to the company's head. The main text should sound as follows: "Please translate me to permanent job to the position (indicate what) to the department (name) with (date). At the end of the document, the applicant's signature must be standing and the date of drawing up the document.

Based on this document, lay an order for the transfer of an employee to another job (form No. 2). In this document, specify F. I. O. Officer, type of translation, former and new job. In the column "Reason for Translation", specify that the employee is translated from the temporary basis for permanent. Be sure to specify the number of an previously concluded employment contract, the date of its signing and ending. Subscribe the order, give an employee to the signature.

Make a new employment contract. Indicate the working conditions (position, wages and other factors), the rights of both parties and duties. Document Make up in two copies (one for an employer, the second - for the employee). Subscribe, put the printing of the enterprise, give to the signature to the employee.

Tell the job instruction, make a note in your employee's personal card. In the employment record, make a record by specifying a position, date and number of the order. Make a change order staff schedule, as well as holiday schedules. Make changes to these documents.

You can also arrange an employee for a permanent place of work, terminating temporary contract. But in this case, the staff experience ,. You will have to publish 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 deadline, did not have time to issue all the documents necessary for translation.

The translation into a permanent place of work can be carried out within the organization, as well as from one employer to another. Permanent translation implies a change in the employee's labor function. When internal translated, an order is issued and an entry into the employment record is made, with an external one, the employee needs to go through the procedure for dismissal from one employer, reception - in the other.

You will need

• - employee documents;
• - documents of enterprises;
• - printing enterprises;
• - Blanks of the relevant documents;
• - a pen;
• - Labor Code of the Russian Federation.

Instruction

In the event that the transfer to another employer is carried out, the director, an enterprise that wishes to hire into its 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 last name, first name, the patronymic of the employee who occupied the position to them, the date with which the head involves the employment of this specialist. Assigns a letter to a letter and date, assures its printing of the company and signed by the first person of the organization.

The current employer writes a letter to a new employer about the translation and applies the characteristic to an employee as needed. The director of the company, who wants to hire a given employee, writes a letter-response about his consent, certified by the organization and signature of the company's head.

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

Make an order for dismissal by transfer, referring to Article 77 Labor Code RF. Conscribe a document printing document, signature of the enterprise director. Familiarize the employee with an order for painting.

After two months, make an entry in the employment record of the employee about dismissal by transfer to another organization, issue cash For the calculation, close your personal card on the employee.

Having received a labor book in hand, another employer has an employee writes an application for employment, a labor contract is concluded without establishing a trial period, an order for receiving a transfer from another organization is published. An appropriate recording is made in the workshop of the specialist, a personal card on a citizen is started.

If the translation is carried out inside the organization, then you need to notify the employee in writing about the upcoming translation in two months before the intended date of translation. The employee can write his consent in the form of a statement or familiarization with the notice with the date and signature.

Enclose an additional agreement to the contract for the change of employee responsibilities. Based on the agreement, compose an order in which the employee's occupied position, his last name, name, patronymic, and the name of the post, structural unit, where the specialist, indicate the amount of the salary.

Check in the employment record of the employee about the transfer indicating the post and structural unit where the employee will work. In the grounds, enter the number and date of the order of the translation.

Sources:

• Translation to another job in 2019

Tip 3: How to place an employee's transfer from one post to another

If you need to implement an employee with one post to another, you should receive a statement from him. At its basis, an additional agreement is drawn up, the director is published by an order. Personnel needs to make a mark in the employee's personal card and make an entry into the workbook of a specialist.

You will need

• - enterprise documents;
• - Printing an organization;
• - application application form;
• - labor contract;
• - the order form in the form of T-8;
• - labor legislation;
• - employee documents.

Instruction

If the initiator transferand it is an employer, then he should write a supplied applications. The document is drawn up in an arbitrary form, where the following items will be compulsory details: name posts, salary size on it, other working conditions. An employee needs to be familiar with the proposal and put their signature in the corresponding field.

If a specialist agrees to transfer, then he should be a statement. The document "Cap" should consist of the name of the enterprise, surnames, initials and posts supervisor, as well as personal data of the employee. In the meaningful part, a request is prescribed transfere with one posts to another. The application is signed, dates from the employee. The director must depend on the document.

If the initiator of this transferand the worker acts, he needs to write a statement in which to specify the reason for which the procedure should be made.

Make an additional agreement to the contract () with an employee. In it, specify the working conditions for postson which is carried out transfer. Previously familiarize the employee with the instructions. Conduct the rendering of the agreement by signing director, the company's seal. It must be borne in mind that the salary of a specialist when transfere can be set below the one he received on the previous one posts. At the conclusion of an additional agreement, a specialist signs it, thereby expressing his consent to the conditions.

The statement of the employee and the Agreement to the Agreement are the basis for the publication of the order. The administrative document must contain the name of the organization, the city of its location. Number and date the order. His topic will fit transferat a specific position. In the informative part, enter the conditions prescribed in the Agreement. Conduct the order of the approval by the signature of the head, the seal of the enterprise. Read the document transferimaging specialist.

In the employee's personal card, make a mark about transfere in the second section. In the employment record, make a record. Put the number, date. In the information about the work, specify the previous and new position employee. In the grounds, enter the date, the order number about transfere.

Sources:

• How to make a translation to another position?

In the process economic activity Company managers sometimes accept employees for a certain period of work. For example, the main worker went to the decree or work is seasonal. One way or another, it is very important to correctly arrange the reception of such staff.

Instruction

In case of temporary employment employee and paperwork, refer to the Labor Code (Article 59), which states that in relation to such personnel it is necessary to conclude urgent agreements that have a certain period of validity. To compile legal documents, invite a person to write an application in the name general Director. Register it in the magazine in the incoming correspondence (if it is), the application is set to the sequence number and enter into the appropriate form.

Remove copies from all employee documents that are necessary for work: passport, INN, insurance pension certificate (SNILS), education document, driver's license (if the position obliges it to have), medical certificate.

Make an urgent employment contract. It is imperative to indicate the nature of the work, the rights and obligations of the parties. If an employee is taken temporarily to the place of the main employee, specify F. I.O. Main personnel. Be sure to write the term of work, payment procedure. If an employee who is constantly extends to his vacation for any reason, make an additional agreement for an urgent employment contract.

Make a temporary employee and make a personal card where you will make all changes in the future. labor relations. At the request of the employee, information about the new job place in the labor book.

Helpful advice

All documents fasten the seal of the organization and signatures of both parties - an employer and employee.

Sources:

• Labor Code of the Russian Federation

In the exercise of economic activities of the enterprise, some managers make up a schedule work His employees. This document is very convenient to use in relation to those employees who work shifting. The chart can only be changed once a month.

Instruction

Schedule work It can be decorated both in the employment contract and in a separate local act. If this condition is spelled out in the contract, the changes should be made with the help of an additional agreement. To do this, place it in a double instance, one of which give an employee, the other - leave.

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

Translate a person with a temporary position on the main one can only if the employee, whose position is replaced, wishes to go from work on own willing Or will be fired by the manual. In this case, the procedure for dismissing the latter is first. A dismissed employee conveys his business to the successor to whom the leadership issues a translation to another position. From the moment the relevant order entry into force, the new employee can start responsible for him.

The dismissed employee has the right to receive paid leave and other social privileges that were not provided to him by working graphics up to this point. In this case, the applicant can fulfill his duties in the course of the term agreed with the manual, and only after the end of the dismissal procedure on vacation or at the hospital employee, it is issued on an ongoing basis.

The employer has the right to translate an employee who works on an ongoing basis to another position or another employer (if the employee himself does not have any objections against it). In this situation, an appropriate order order is drawn up, and at the same time preparation of documents (statement, order of management, employment contract) on clearance instead of another employee working on a temporary basis instead of it. Immediately after the completion of the transfer procedure appointed to permanent position An employee must immediately begin the execution of duties.

You can also make changes to the current standard schedule, shorting the list of posts or adding a new one. This may be required to liberate an employee who has been issued on a permanent basis, from its previous duties, eliminating the need to search for new employees, as well as agencies of a new position for temporarily acting employee.

Expert Tips - Consultant on Work and Career

Photos on the topic

Some employers conclude a temporary contract with employees, for example, seasonal work. Often happens and this: the head is interested in leaving this employee at himself, that is, to conclude an agreement with him on undefined. Of course, personnel workers may have a question: how to do it, more precisely, how to translate an employee from temporary work permanent? Just follow these simple step by step adviceAnd you will be on the right track in your work and career.

Short step by step guide

So, we will proceed to actions, tuned by a positive result.

Step -1
At first it should be noted that it is not necessary to dismiss in this case, enough translation. After doing this, go to the following actions.

Step -2
Ask an employee to write an application addressed to the head with a request to transfer to a permanent job. He must also register in the document a position, work period. The statement must be issued until the end of the time work contract. Otherwise, you will have to apply the dismissal procedure, which means that the experience will be accrued from scratch. After doing this, go to the following actions.

Step -3
Then make an order about the transfer of an employee for a permanent basis, also in the document, specify the period of its temporary work, the deadline for the end, the conclusion and number of the employment contract. After doing this, go to the following actions.

Step -4
After that, enter into an employment contract for an indefinite time. Push the position, salary, working conditions and details of both parties. At the end, write down, pass the document to the signature employee, then secure the accuracy of the above information in the blue print of the organization's stamp. Labor contract Make up in two copies, one of which transfer to the personnel department, the second - give the employee yourself. After doing this, go to the following actions.

Step -5
Next, you need to record an employee's employment record. To do this, stood the sequence number, date. Next, write that the employee is transferred to a permanent job, then slide the order number. After doing this, go to the following actions.

Step -6
After that, you need to publish an order to change the staffing and vacation schedule. Based on this document, make changes to the above form. After doing this, go to the following actions.

Step -7
In the event that an employee worked with you like external part-timeHe must quit the previous work or go to you. To do this, you can write a certificate that you agree to take on the permanent job of this employee. The second employer on the basis of it will make a translation.
We hope the answer to the question - how to translate an employee from temporary work on permanent - contained useful information for you. Good luck in your work and career! To find an answer to the question you are interested in. Use the form -

Employees of institutions can get temporary status for a number of reasons. One of them is the replacement of another specialist in office, if he went to administrative leave, decret, etc. But the former employee can subsequently quit. In this case, the question will certainly rise, as adopted earlier translate from a temporary position for a permanent job. The procedure does not imply complicated scheme actions. It is not necessary to make a request to dismiss, and after him - with the requirement to take again. However, there are some nuances that should be taken into account. They are associated with paperwork.

How to translate

The procedure for transferring an employee from temporary work to a permanent is regulated by Article 58 of the Labor Code of the Russian Federation. According to it, an urgent employment contract concluded with a citizen when taking a temporary work, automatically acquires the status of "indefinite" after the end of the expiration date registered in it in case of one of the parties (employee, employer) does not enter the initiative to complete the labor cooperation.

In order that the urgent employment contract has adopted the status of a permanent official, it will be necessary to conclude a corresponding additional agreement in which it will be indicated.

The peculiarities of the transfer of subordinate with temporary work permanently is that it can pass as inside, so outside the organization. To carry out internal translations, you will need to make an order and make the appropriate entry in the workbook. For the external translation, you will have to first pass an employee from a position from one employer and after submitting an application for employment to another.

Step-by-step translation procedure looks like this:

• With an external translation, the new boss make out the application for the name of the past employer, where this moment Time is working translated officer. The document registers employee details, his position, as well as the date of its potential intercession for a new position. After the petition is numbered, the seal is assigned and signed by the authorities;
• Next, the current employer draws up an appeal to the future head of the subordinate. There is an exchange of consecutive answers, certified by the print and signature of organizations;

An application for external translating with a temporary permanent job should be carried out at least 8 weeks before the translation itself. So it will be necessary to receive written consent from the subordinate.

• The following is compiled an order for dismissal translated (in accordance with Article 77 of the Labor Code of the Russian Federation). The document also assures the stamp and signature of the employer. In it, the employee himself is affixed;
• The employment record is affixed by the record of dismissal in connection with the transfer to another organization. The dismissed worker receives a salary calculation;
• After the employee submits an application for employment in a new institution, concludes a permanent employment contract. Also compiled an order for employment to a new position in connection with the translation from another organization. A new personal employee card opens.

If a we are talking about internal translated, within the same company, it is as follows:

• The previously translated employee is notified of the potential translation of the minimum in two months in writing;
• In case of consent, the employee has been launched a date and personal signature in the notification;
• After the additional agreement is drawn up, which indicates the fact of changing the nature of duties, with temporary permanent;
• The following is compiled. Assigns a position, the size of wages, place of work and other nuances are specified;
• At the end of the internal translation procedure, the appropriate entry is affixed in the employment record.

Required documents

We offer to familiarize yourself with list of documentationrequired to implement the procedure for transferring an employee from temporary work permanent:

• The petition from the employee with a request to translate it with a temporary position for permanent. Is drawn up until the expiration of the time contract;
• Order on the transfer of an employee from temporary work on the permanent, compiled on the basis of a submitted statement. It prescribes the following information:

1. A variety and reason for translating;
2. Details of a specialist;
3. Old and new position (if changing);
4. Number, date of conclusion of the new and end of action of the old labor contract;

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

Permanent translation: approximate step by step procedure (general)

Permanent translation of the employee to another job:

Approximate step by step procedure (general)

1. One of the parties (employee or employer) comes out with the initiative of the permanent translation of the employee to another job.

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

The idea of \u200b\u200bconstant translation can also have a written design, but it is not necessary.

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

1.1. If the employee itself comes to another job with the initiative, he can write a statement about transferring it to another job (position). The employee's statement is registered in the manner prescribed from the employer, for example, in the log of registration of employees.

1.2. If an employer comes out with the initiative of the transfer of an employee to another job, he can make an employee a written proposal for translating to another job (position). Working conditions for the proposed position are usually described in the employer's proposal, a copy job description It is attached to the written offer of the employer so that the employee can familiarize himself with the employment responsibilities for making a decision on translating.

The offer is drawn up in two copies and is registered in the manner prescribed from the employer, for example, in the log of registration of notifications and proposals to employees. One copy of the sentence is awarded to the employee. On the second instance (which remains at the employer), the employee writes that with the proposal acquaintance, one copy received it, puts the date of receipt, signs. If the employee agrees to transfer, he can put the "conciliation record" on the proposal of the employer or write an application for consent to the translation.

The employee's statement is registered in the manner prescribed from the employer, for example, in the log of registration of employees.

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

The procedure for familiarization with local regulatory acts of the Code is not determined, in practice there are various options:

An introductory sheets are attached to the local regulatory act, in which employees put signatures confirming the familiarization, and the date of reference (such sheets are stitched together with a local regulatory act),

Maintaining logbooks with local regulatory acts in which employees put signatures confirming familiarization and indicate the dates of familiarization.

A certain order of familiarization with local regulatory acts can be enshrined in one of the local regulatory acts of the employer. Find out your employer's existing employees with local regulatory acts before you begin to acquaint your employee.

3. Signing Translation Agreement between the employee and the employer.

If there are grounds, there is also an agreement on full material responsibility or an agreement on the change in the current contract of full liability.

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

4. Registration of Translation Agreement and the contract for full material responsibility in the manner prescribed from the employer. For example, an agreement can be registered in the log of registration of agreements towards labor contracts with employees, and a full material liability agreement - in the journal of registration of contracts for full material responsibility with employees.

5. Awarding an employee of its copy of the Translation Agreement.

The receipt of an agreement by an employee of an agreement should confirm the employee's signature on an instance of the agreement remaining on the storage at the employer. We recommend to put the phrase "instance of the agreement I received a phrase".

If an employee signed an agreement on full material responsibility, then its copy is also transferred to the employee.

6. The publication of the order (orders) on the transfer of an employee to another job.

7. Registration of the order (orders) In the manner installed at the employer, for example, in the journal of registration orders (orders).

8. Familiarization of the employee with the order (ordered) underunder letter.

9. Making a record of the transfer to the employment record of the employee.

Information about translations to another permanent job is made to the employment record (part 4 of Art. 66 of the Labor Code of the Russian Federation).

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

According to paragraph 12 "Rules of conducting and storing labor books, making forms of employment books and provision of employers", approved by the Decree of the Government of the Russian Federation dated 16.04.2003 No. 225 "On Labor Books", with each work introduced to the workbook on the work performed, translation An employer is obliged to acquaint its owner to another permanent job and dismissal to sign up in his personal card, which repeats the record entered into the labor book. Personal Card shape is approved Federal Service State statistics.