I know how to correctly... transfer an employee from branch to branch

The company has opened a branch in another region and plans to transfer an employee to it. Let's consider what documents need to be drawn up, what costs the company will incur, what taxes and fees will have to be charged.

Transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which he works in accordance with the terms of the employment contract (Part 1 of Article 72.1 of the Labor Code of the Russian Federation). When transferring, such terms of the employment contract change.

The area to which the transfer is carried out is considered different if it is located outside the administrative-territorial boundaries of the corresponding locality (clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

Note. Moving

Moving an employee from the same employer to another workplace, to another structural unit located in the same area, or assigning him work on another mechanism or unit, which does not entail a change in the terms of the employment contract determined by the parties (Part 3 of Article 72.1) is not considered a transfer. Labor Code of the Russian Federation).

Save your job

The obligation to retain the employee’s previous job depends on the duration of the transfer.

Temporary transfer. During a temporary transfer, the employee retains his previous job. If, at the end of the transfer period, he did not demand a return to his workplace and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation).

Constant translation. In the case of a permanent transfer, the employer is not obliged to maintain the employee’s previous job.

Transfer of an employee from one branch to another

If an employee is transferred from one branch to another, located in a different area, then the registration takes place according to the same rules that are established for transfers within the same organization.

Important! If an employee moves from one branch to another and his position is retained, then the registration is registered as a transfer.

An entry about the transfer of an employee is made in the work book no later than 1 week from the date of transfer. After this, the entry is made in the employee’s personal card, in which the latter is introduced to the employee’s signature.

Compensate for moving expenses

If a move to another area is due to a transfer to a new place of work, the employer is obliged to bear the following expenses (Articles 165 and 169 of the Labor Code of the Russian Federation):

- relocation of the employee and his family members;

— transportation of property (except for cases when the employer provides the employee with means of transportation);

- settling into a new place of residence.

A commercial company independently determines the amount of compensation and the procedure for its payment (Part 2 of Article 169 of the Labor Code of the Russian Federation).

Note.
Family members include only spouses, parents (adoptive parents) and children (adopted) (Article 2 of the Family Code of the Russian Federation).

Transfer and relocation of employee

Introduction

In practice, quite often there is a need to transfer an employee. The reasons for the transfer may also be production needs, leading to changes in the staffing table; expansion of the organization’s activities or, conversely, reduction; solving problems of professional and career growth of employees; certification results that led to the promotion or demotion of an employee, etc.

Part 3 of Article 72.1 of the Labor Code of the Russian Federation states that “ It does not require the consent of the employee to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, if this does not entail entails changes in the terms and conditions of the employment contract determined by the parties .” This means that the employee moves to another structural unit, but his position, job responsibilities, salary and other mandatory terms of the employment contract do not change. The problem arises due to the fact that in Article 57 of the Labor Code of the Russian Federation “Content of an employment contract”, among the mandatory conditions of an employment contract, the place of work comes first, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization, located in another area, indicating the structural unit and its location. The structural unit is a mandatory condition of the employment contract. A change in a structural unit is considered a relocation only if , when concluding an employment contract, it (the structural unit) was not specified, and the employment contract did not provide for a condition on working in this particular structural unit. If a structural unit was specified , then a change in the structural unit is considered a transfer and the written consent of the employee is required . In practice, there are cases when movements after some time can actually be perceived as a transfer. For example, an employee was transferred to another structural unit without changing his job function, but in the process of working in the new structural unit it turns out that there are certain specifics that automatically lead to an expansion of the range of job responsibilities, an increase in the volume of work, etc. The transferred employee begins to be indignant, demand changes to the employment contract and, as a result, increase wages - a conflict situation arises. Since it can sometimes be quite difficult to calculate changes in a job function at the stage of moving an employee from one structural unit to another, it is better to play it safe in order to avoid a conflict situation in the future. The procedure for registering the transfer of an employee is the same as for transfer. If the employment contract indicates the name of the structural unit in which the employee was hired, changes should be made to it.

Permanent transfers of employees are possible in the following four types: • transfer within the same organization at the initiative of both the employer and the employee; • transfer to another organization for permanent work; • transfer to another location together with the organization; • transfer of an employee with his consent based on a medical report. The types of permanent transfers specified in the Labor Code differ not only in their reasons, but also in the legal consequences of the employee’s refusal to transfer: if he refuses a transfer offered by the employer within the same organization, the employee remains at his previous job, and if he refuses in the other three cases, he is fired , but for three different reasons. The most common situation is a transfer within the same organization. An employer can transfer an employee to work in another profession, specialty, position, qualification, as well as to work in another location, for example, to a branch located in another municipality. As a rule, the transfer of an employee is allowed only with his consent (Articles 72 - 74 of the Labor Code of the Russian Federation); the transfer can be permanent or temporary . It is not allowed to transfer or move an employee to a job that is contraindicated for him due to health reasons. If an agreement has been reached with the employee on the transfer, there is no need to postpone changing the terms of the employment contract for 2 months. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

“In accordance with Articles 60 and 72.1 of the Labor Code of the Russian Federation, the employer does not have the right to require the employee to perform work not stipulated by the employment contract, except in cases provided for by the Code and other federal laws, and also to transfer the employee to another job (permanent or temporary) without his written consent , except for the cases provided for in parts two and three of Article 72.2 of the Code.

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

Structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc., and other areas should be understood as areas outside the administrative-territorial boundaries of the corresponding locality.

When applying parts two and three of Article 72.2 of the Code, which allow the temporary transfer of an employee to another job without his consent, the obligation to prove the existence of circumstances with which the law connects the possibility of such a transfer rests with the employer.

The courts take into account that in accordance with parts one and four of Article 72.1, part one of Article 72.2 of the Code, an employee can be temporarily transferred to another job only with the same employer with whom he has an employment relationship, and the work should not be contraindicated for him due to his condition health.

If, when transferring to another job in the event of downtime, the need to prevent destruction or damage to property, or replacing a temporarily absent employee, the employee will have to perform work of a lower qualification, then such a transfer, by virtue of part three of Article 72.2 of the Code, is possible only with the written consent of the employee.

When resolving cases related to transfer to another job, it is necessary to keep in mind that refusal to perform work during a transfer made in compliance with the law is recognized as a violation of labor discipline, and absence from work is considered absenteeism.” (Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2, paragraphs No. 16-19).

Article 74 of the Labor Code of the Russian Federation regulates changes in the terms of an employment contract determined by the parties for reasons related to changes in organizational or technological working conditions. At the same time, it is allowed to change the terms of the employment contract determined by the parties at the initiative of the employer while continuing work without changing the labor function. Article 74 of the Labor Code of the Russian Federation actually legalizes this type of transfer, which does not entail a change in the labor function, and all other terms of the contract, including salary, work and rest hours, etc., can change without the consent of the employee. If a change in organizational or technological working conditions may lead to mass layoffs of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the organization’s trade union body, to introduce part-time work for a period of up to six months. And finally, an important guarantee is that changes to the terms of the employment contract introduced in accordance with Article 74 of the Labor Code of the Russian Federation cannot worsen the employee’s position in comparison with the terms of the collective agreement and agreement. In such cases, the employee is provided with certain guarantees: the employee must be notified in writing by the employer of the introduction of these changes no later than two months before the innovations. If the previous working conditions cannot be maintained and the employee does not agree to continue working in the new conditions, the employer is obliged in writing to offer him another job available in the organization that corresponds to his qualifications and state of health, and in the absence of such work - a vacant lower-paid position or a lower-paid position work that an employee can perform taking into account his qualifications and health status. If the proposed work does not suit the employee or the employer does not have such work, the employment contract is terminated in accordance with paragraph 7 of Article 77 of the Labor Code of the Russian Federation. Termination of an employment contract on this basis is possible only in the event of a real significant change in working conditions in the organization, which requires the employer to pay careful attention to such situations.

Transfer to another job in accordance with a medical report

In some cases , the employer is obliged to transfer the employee to another, easier job with his written consent and in accordance with a medical report issued in the manner established by federal laws and other regulations of the Russian Federation. The transfer should be carried out for employees who need light work due to health reasons; pregnant women and women with children under the age of one and a half years; workers who were injured or otherwise damaged at work. In these cases, the transfer order is issued on the basis of the employee’s application and the corresponding medical report . When transferring an employee who, in accordance with a medical certificate, needs to be provided with another job, to another lower-paid job with a given employer, he retains the average earnings for his previous job for one month from the date of transfer, and when transferring due to a work injury, occupational disease or other work-related health damage - 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). If an employee who, in accordance with a medical report, needs a temporary transfer to another job for a period of up to four months, refuses the transfer or the employer does not have the corresponding job, then the employer is obliged to suspend the employee from work for the entire period specified in the medical report while maintaining his job ( positions). During the period of suspension from work, the employee’s wages are not accrued, except in cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, and employment contracts. If, in accordance with a medical report, an employee needs a temporary transfer to another job for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the corresponding job, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code.

An employment contract with the heads of organizations (branches, representative offices or other separate structural units), their deputies and chief accountants who, in accordance with a medical report, need a temporary or permanent transfer to another job, if the transfer is refused or the employer does not have the corresponding job, is terminated in in accordance with paragraph 8 of part one of Article 77 of the Labor Code. The employer has the right, with the written consent of these employees, not to terminate their employment contract, but to remove them from work for a period determined by agreement of the parties. During the period of suspension from work, wages are not accrued to these employees, except for cases provided for by the Labor Code of the Russian Federation, other federal laws, collective agreements, agreements, and employment contracts.

In accordance with Article 169 of the Labor Code of the Russian Federation, when transferring to another location, the organization is obliged to reimburse the employee for moving expenses. Expenses for moving the employee, members of his family and transporting property (except for cases where the employer provides the employee with appropriate means of transportation), expenses for settling into a new place of residence are reimbursed. The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract.

If an employee refuses to move to another area, then he can be fired (clause 9, Article 77 of the Labor Code of the Russian Federation) with the payment of severance pay equal to his two-week average earnings (Article 178 of the Labor Code of the Russian Federation).

Procedure for completing a translation

If an employee continues to work in the same organization, but his job function or the essential terms of the employment contract change, then the following steps must be taken. To begin with, the interested parties - the employee, the head of the structural unit and the head of the organization - negotiate in order to reach an agreement on the transfer. If the decision is positive, the employee writes a transfer application addressed to the head of the organization. The application can be considered as the employee’s consent to the transfer (Article 72 of the Labor Code of the Russian Federation).

Many employers believe that the employee’s signature on the transfer order “I have read the order...” is his consent to the transfer. It is not right. The employee's consent to the transfer must be obtained before, and not after, the order is issued . In addition, familiarization with the document does not mean agreement with its contents. If necessary, the employee may express his disagreement or dissenting opinion below his signature. A transfer to another permanent job can occur at the initiative of the employee or at the suggestion of the employer. Having learned about the availability of a vacant position and having compared his capabilities with the requirements imposed by the employer on the applicant for the vacant position, the employee can submit an application to the employer in any form with a request for a new appointment. The head of the structural unit stamps his consent to the transfer on this application. Sample application for transfer Sample application for transfer

To the director ____________________ from the head of the financial department S.Yu. Vorobyova

STATEMENT Please transfer me to the position of chief economist due to the vacant nature of this position from March 14, 2012.

signature ______________ S.Yu. Vorobyov March 12, 2012

The head of the structural unit in which the employee works prepares a request for transfer or draws up a memorandum addressed to the director of the organization with a request for transfer and justification for this request. This document must include the employee’s last name, first name, patronymic, name of profession (position), rank, qualification category, name of the structural unit in which the employee currently works. In addition, the presentation includes an assessment of production activities and information on improving professional levels. The basis for the transfer, the new position, the new structural unit (if the employee is transferred to another structural unit) and the date of the transfer are also indicated.

Sample memorandum

To the director ____________________ from deputy director V.V. Eremenko

REPORT on the transfer of S.Yu. Vorobyov to the position of chief economist

Dear ____________________________!

I ask for your instructions on the transfer of the head of the financial department S.Yu. Vorobyov from March 14, 2012 to the position of chief economist. In connection with the dismissal of V.P. Ivanteeva on February 17, 2012. this position is vacant. Vorobyov Stepan Yuryevich has a higher education in economics; in 2000 he graduated from the Faculty of Economics of the SibUPK with a qualification as an economist; he has been working as the head of the financial department since 2006. I am sure that S.Yu. Vorobyov will successfully and fully cope with the work of the chief economist, since during the absence of Ivanteeva V.P. due to vacation or illness, he replaced her several times and successfully.

Deputy Director signature V.V. Eremenko March 05, 2012

The application and presentation (memorandum) are submitted to the director for resolution. If the manager gives his consent to the transfer, then the interested parties, including the organization’s personnel service, begin negotiations on amending the employee’s employment contract. In some organizations, if an employee is transferred to another position or to another structural unit, the current employment contract is canceled and a new one is concluded. This procedure is unacceptable and needs to be changed, since the employment relationship between the employee and the employer in the event of a transfer to another permanent job is not interrupted, but only some mandatory conditions of the employment contract change. In addition, in such cases, the question arises as to what served as the basis for terminating the old employment contract. After all, the employee was not fired. The consent of the parties to the employment contract is formalized in the form of an additional agreement to the employment contract, which is drawn up in writing in two copies. Amendments to the employment contract are signed by both parties (employee and employer) and are the basis for issuing an order (instruction) on the transfer. Based on the order, an entry is made in the work book and in the personal card (form T-2) indicating the new position. A copy of the order is sent to the personal file and to the accounting department.

Transfer to a permanent job in another organization

The employee may be transferred to permanent work with another employer. An employee can transfer to work in another organization either at his own request or at the initiative of one of the employers. In each of these situations, one employment contract is terminated and a new one is concluded. To transfer to a permanent job in another organization, the employee’s consent is, of course, required. An employee’s written application for dismissal in connection with transfer to another organization (clause 5 of Article 77 of the Labor Code of the Russian Federation) can be considered as consent to a transfer. The question is often asked: why “transfer” if you can simply quit one job and get another? Suppose that a person has already left his old job, and the institution that previously offered him a vacancy changed its mind and refused to hire him. That is why the Labor Code provides citizens with the opportunity to protect themselves from such troubles. To do this, it is necessary, firstly, that the invitation to another job be drawn up in writing, and secondly, the employee should start a new job within a month from the date of dismissal. Then, in contrast to simple dismissal, when transferring, the new employer is obliged to conclude an employment contract with him (Article 64 of the Labor Code of the Russian Federation). In addition, the new management does not have the right to set a probationary period for an employee transferred from another organization. This follows from Article 70 of the Labor Code. If you simply quit one organization and get a job in another without transfer, then a probationary period will most likely be assigned.

Translation due to production needs

As a general rule, an employer should not require a subordinate to perform work that is not stipulated by the employment contract (Article 60 of the Labor Code of the Russian Federation). However, there are exceptions for certain cases. All these cases are associated with temporary transfer to another job due to production needs. Article 72.2 of the Labor Code of the Russian Federation is devoted to this special type of translation. The administration has the right to temporarily transfer its employee to another job, even if this is not provided for in the contract. The main condition for such a translation is production necessity. Such a transfer is permitted in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it. An employee may be transferred without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer in order to prevent these cases or eliminate their consequences.

Also, the transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is allowed in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or replacement a temporarily absent employee, if downtime or the need to prevent destruction or damage to property or to replace a temporarily absent employee is caused by emergency circumstances. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.

The Labor Code limits the employer's rights

for the temporary transfer of an employee without his consent under the following conditions.

1. An employee cannot be transferred to a job that is contraindicated for him due to health reasons.
2. be transferred to another job for no more than one month, which is why such transfers are called temporary. At the same time, during the year, management can temporarily transfer an employee from position to position as many times as desired. The only exceptions are transfers to replace an absent colleague.
3. Transfer of an employee to another job due to production needs is possible only within the same organization with which the employee has an employment relationship. It is worth considering that a branch is not an independent legal entity; it can be classified as a structural subdivision of an institution. Therefore, you can easily transfer workers from the main institution to a branch or move personnel between branches.
4. If the job to which the employee is temporarily transferred pays higher than his permanent job, the salary will have to be paid based on the conditions at the new place of work. If temporary work is paid lower, then the salary should not be lower than the average earnings of the employee at his previous place of work. 5. Since, as a general rule, a transfer for operational reasons does not depend on the employee’s consent, it is enough to notify him of the decision made and prepare a draft transfer order. There is one exception to this rule - to transfer an employee to a job requiring lower qualifications, you must obtain his written consent.

What to do if an employee refuses to obey the administration’s order to transfer to another job due to operational necessity?

First of all, the employee must be informed that, by virtue of Article 72 of the Labor Code of the Russian Federation, the employer in such a case has the unconditional right to transfer him without his consent to work not stipulated by the employment contract. The subordinate, in turn, cannot refuse such a transfer if it is carried out legally and the employee does not have valid reasons for refusal. If the employee does not start a new job within the prescribed period, then you can prepare a memo addressed to the head of the organization and a draft order to bring the employee to disciplinary liability. By virtue of Article 219 and Part 7 of Article 220 of the Labor Code of the Russian Federation, an employee cannot be subjected to disciplinary action for refusing to perform work if, by performing this work, the employee would risk his life and health. Moving an employee in the same organization to another workplace, to another structural unit, or assigning work to another mechanism, unless the terms of the employment contract determined by the parties are changed, is not considered a transfer and does not require changes to the work book. Whenever evaluating management’s decision to change an employee’s place of work, you need to carefully monitor whether it conflicts with the norms of current labor legislation. And only after being fully convinced of the legality of the management’s decision, prepare an order for personnel.

The most frequently asked questions during translation

1. The employee is hired by the organization on a part-time basis. I worked for some time and told my manager about my desire to move to this organization at my main place of work. How to arrange this? There is a point of view that such a “transition” can be formalized by transfer: an order for transfer to the main place of work is issued - and that’s all. But often this is not enough, because the employee may not have a record of work in this organization in his work book. An entry about part-time work is made at the main place of work, and the procedure for making it is somewhat different from the procedure for making entries about the main place of work. In this situation, the order of registration is as follows. The employee resigns from his main job and part-time job (the personnel employee must warn him so that he carefully monitors the terms of dismissal - it is advisable that they coincide). And then he is re-employed in the organization where he previously worked part-time, but at his main place of work. A new employment contract is concluded, an order is issued, a personal card form No. T-2 and a full package of documents for personnel are drawn up, and an entry is made in the work book. If an employee has reached an agreement with the head of the organization that he is moving to his main place of work, but at the same time continues to work part-time in the same organization (the so-called internal part-time job), then he is dismissed only from his main place of work. At the same time, his appointment at his main place of work in the organization, where he will now be an internal part-time worker, should be properly and completely formalized.
2. How to appoint an acting person? There are two options. 1. If you want to appoint an acting person to replace any employee who is unable to perform his duties, then this is a temporary transfer. 2. The appointment of an acting person for a vacant position is not allowed - the labor legislation of the Russian Federation does not know this type of transfer. If, nevertheless, an employee is appointed acting to a vacant position, then this will be considered a transfer of the employee to another job, and a permanent one.

Example 1 . The employee worked in the organization at his main place of work. Then, by order, he was transferred to another position, but part-time, and an entry about the transfer was made in his work book. At the same time, this employee was offered a position in another organization, inviting him to his main place of work. Since the first organization did not fire him, the personnel officer at the new job refuses to make an entry in his work book about his employment. Are the entries in the work book correct? How to fix the situation? The entries in the work book were made incorrectly. The mistake is that the transition from the main job to a part-time job cannot be formalized by transfer. These are two completely different employment contracts. First, you need to terminate the contract for your main job, and then enter into a new employment contract with the employee for part-time work. It is better to make entries in the work book in the following sequence: an entry about the termination of the employment contract for the main job, then about hiring in another organization, and after that, at the request of the employee, you can make an entry about hiring part-time work in the first organization. This can be corrected by invalidating the transfer entry and making the correct entry.

Example 2 . When transferring an employee to a new position with a promotion, do they have the right to impose a test on him indicating this in the employment contract? If he does not cope well with his new responsibilities and does not complete this probationary period, what can the employer do? Testing an employee in order to verify his compliance with the assigned work in accordance with Part 1 of Article 70 of the Labor Code of the Russian Federation is established by agreement of the parties exclusively when concluding an employment contract. In the described situation, a transfer takes place, which is defined in Article 72 of the Labor Code of the Russian Federation as a change in the labor function or a change in the mandatory conditions of the employment contract, which, in essence, is a change in the existing employment contract with the employee. The Labor Code of the Russian Federation does not provide for the possibility of an employer establishing a probationary period when transferring to another job in the same organization. If the employer nevertheless established a test for the transferred employee, this is classified as a reduction in the level of rights and guarantees established by labor legislation. Ultimately, this will entail the non-application of such a condition of the employment contract as the establishment of a probationary period (Part 2, Article 9 of the Labor Code of the Russian Federation). Let us assume that, while on a probationary period after the transfer, the employee will not properly cope with the performance of his duties. The situation will look like this. The employer, guided by the rules of Article 71 of the Labor Code of the Russian Federation on the consequences of an unsatisfactory test result, will terminate the employment contract with the employee, indicating the reasons that served as the basis for recognizing him as having failed the test. A subsequent appeal by the employee of such a dismissal will most likely lead to the recognition of the dismissal as illegal and his reinstatement in the “higher position” to which he was transferred (Article 394 of the Labor Code of the Russian Federation, paragraph 60 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 city ​​No. 2).

Documentation of translation

The transfer of an employee to another permanent job requires documentation.

Note. What forms of documents to use

According to Article 21 of the Federal Law of November 6, 2011 N 402-FZ “On Accounting,” companies are not required to use the forms of primary accounting documents that are contained in albums of unified forms approved by the State Statistics Committee of Russia. At the same time, Law No. 402-FZ does not limit the right to use those unified forms that have already become familiar.

Offer to an employee to transfer to work in another location

If the head of the company considers it appropriate to change the place of work and residence of a certain employee, he must offer the employee a transfer to work in another location.

The need to obtain the employee’s written consent to the transfer is established by Part 1 of Article 72.1 of the Labor Code. The solution to this issue cannot be unilateral, since it affects the terms of the employment contract determined by the parties.

To obtain such consent, you must first prepare a written proposal to the employee for transfer and relocation to a new place of work.

It is allowed to compose this proposal in any form.

The essence of translation

The Labor Code considers transfer to another job as a temporary or permanent change of functions of an employee of an organization or an entire unit where activities are carried out taking into account the conditions specified in the employment contract (Article 72.1 Part 1 of the Labor Code of the Russian Federation). When organizing a translation, these conditions change significantly.

Transfer to a branch involves the employee moving to another location. Such a locality is considered to be one that extends beyond the boundaries of the organization’s locality (another city, another region, region, etc.).

Attention! A transfer is not considered to be the simple movement of an employee to another place of work or to another unit of the same organization in the same locality, as well as an assignment to work on another unit that does not entail any changes in the employment contract.

Additional agreement to the employment contract

Changes in the terms of the employment contract determined by the parties must be recorded in an additional agreement. It is also appropriate in its text to define the procedure for compensating expenses for moving an employee and his family, transporting property, settling into a new place, as well as other conditions that the parties deem necessary to determine.

In the case of the development of a systematic branch network, it is more convenient to develop a provision on compensation of expenses for employees, where to establish uniform standards for reimbursement of expenses for moving employees to new places of work. If one or two employees move to another location, the conditions for reimbursement of expenses need only be included in an additional agreement to the employment contract.

How to properly prepare a translation

Let's consider the form in which the relevant documents for translation need to be drawn up.

Decision on transfer by the manager

The manager's decision to transfer an employee to a branch must be based on the proposal of the branch manager. This proposal is expressed in a memo.

In the event of a change in the company's strategy and a radical revision of its development, when it is necessary to transfer a group of people to a branch, the founders of the company can decide on the transfer.

The law prohibits the transfer of an employee to a job that may harm his health.

In addition, the employer may take into account certain facts when deciding to transfer an employee:

• health status (perhaps moving or staying in a new territory will negatively affect the employee);
• presence of minor children;
• pregnancy;
• the employee is a minor;
• an employee is caring for an incapacitated relative, etc.

Notification to an employee about transfer to another location

When choosing an employee to transfer to a branch, it is important for an employer to consider not only the question of whether a particular person is suitable, but also the possibility for a person to change his place of residence due to various circumstances.

The manager must obtain the employee’s written consent for the upcoming transfer (the requirement is established by Article 72.1 of the Labor Code of the Russian Federation). To do this, he draws up proposals in any form, indicating the transfer and, accordingly, the move, and sends them to the employee.

The employee, in turn, also sends a response in writing, expressing agreement or refusal of the offer.

Additional agreement

The transfer changes some features of the employee’s activities, therefore, in addition to the employment contract, it is necessary to add a new agreement, fixing important conditions.

The text of the agreement may stipulate the following elements: the procedure for moving to a new place of residence, provided compensation payments for expenses incurred, moving property to a new place of residence, settling in a new place and other conditions that both parties consider significant.

In situations where a network of branches is developing and there is a constant need to transfer someone there, it is better to establish uniform standards for relocating workers, describing all of the above points.

Order for transfer

Only after the agreement is signed by both parties (employee and employer) does the manager draw up an order to transfer the employee to the branch.

Note in the work book

After the transfer order is issued, no later than 7 days, a corresponding entry is made in the employee’s work book. It is similar to the one in the order. In addition, the entry is also made in the employee’s personal card (form T-2).

If the employee refuses the transfer, then his dismissal is formalized.

The corresponding entry can only be made by persons who have this authority. These include:

• the employer himself;
• personnel worker;
• confidant.

Personal income tax

Employee expenses for relocation and arrangement are not subject to personal income tax. Paragraph 3 of Article 217 of the Tax Code exempts from payment of personal income tax on all types of compensation payments established by the current legislation of the Russian Federation (within the limits established in accordance with the legislation of the Russian Federation), including those related to the performance of labor duties (including moving to work in another area).

Consequently, amounts reimbursed by the organization for the cost of travel of the employee and his family members to the place of work, made in connection with his move to work in another area, are not subject to personal income tax in the amount established by the employment contract. This is confirmed by letters from the Ministry of Finance of Russia dated May 26, 2008 N 03-04-06-01/140 and dated May 30, 2007 N 03-04-06-01/165.

Insurance premiums

For the amount of reimbursement by the employer of expenses associated with the employee's move to a new place of work, in the amounts determined by the employment contract, the amounts of insurance contributions are not accrued:

- on the basis of Part 1 of Article 9 of the Federal Law of July 24, 2009 N 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”;

— subparagraph 2 of paragraph 1 of Article 20.2 of the Federal Law of July 24, 1998 N 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases.”

In what cases is a transfer allowed without the employee’s consent?

The law allows employees to be transferred, even against their wishes:

• to prevent dangerous situations or eliminate their consequences. We are talking about circumstances that threaten the life and well-being of people - accidents, disasters, fires, floods and similar events;
• if an emergency situation has resulted in downtime, the need to save property, or the replacement of a temporarily absent employee is required. In this case, if the position requires lower qualifications, only with the consent of the employee.

Example. If a person gets sick, other team members often worry whether they can transfer him to another place of work without the employee’s consent? No. But if a colleague was hospitalized as a result of an accident at work, they can, to replace a temporarily absent person, for a period of no more than a month.

Another example. A fire at an enterprise is an event that threatens the life or normal living conditions of the population. The sales manager is transferred to workers to eliminate the consequences of the fire. Please note: if the worker’s salary is less than the manager’s, then the manager will receive no less than what he received as a manager. If the worker earns more, the manager will receive as much as the worker.

Another example. A worker was injured in an industrial accident. In this case, it is permissible to transfer the manager to his place only with his consent, since the position of manager requires higher qualifications.

IMPORTANT!

If work is contraindicated for health reasons, you cannot be transferred.

If the work poses a threat to the life or health of the worker, he has the right to refuse.

Temporarily

The term of transfer for production reasons without the consent of the employee, according to the Labor Code of the Russian Federation, is no more than one month. It is important to remember: there are no emergency circumstances - you cannot force a transfer. If an employee is diagnosed with a disability or a woman working at night presents a certificate of pregnancy, employers are obliged to provide another job, but can they transfer to another position without the employee’s consent - no!

Constantly

Temporary transfers are allowed as many times as desired during the year, but labor legislation prohibits permanent transfers of an employee without his or her desire.

To another employer

When discussing whether an employer can transfer an employee to another job without his consent, let us remember another type of transfer - to another organization. Without consent it is impossible under any circumstances. For this, a person is fired from one job and hired to another, which is impossible without the will of the worker.

ConsultantPlus experts discussed how to change the essential terms of an employment contract, including during temporary transfers. Use these instructions for free.

Accounting

We will show the procedure for reflecting in accounting the reimbursement of expenses by an employer to an employee when moving from one region to another using an example.

Example.
The manager of the corporate management department of the Stavropol branch of Rassada LLC, S. T. Pulya, was transferred to work in the Vladimir branch as a senior manager with a salary of 50,000 rubles.
per month. The accounting department of Rassada LLC issued an advance to S. T. Pula for moving in the amount of 35,000 rubles. The additional agreement to the employment contract states that the company compensates the employee for documented expenses:

— travel for an employee and his family from Stavropol to Vladimir in a reserved seat carriage of the train;

— transportation of property;

- daily allowance for travel days.

After the move, the employee contacted the director of the Vladimir branch with a statement in which he stated a request to compensate for the expenses incurred for the move. See below for a sample application.

Sample. Application for reimbursement of translation costs

To the director of the Vladimir branch of Rassada LLC

Matveev P.V.

From senior manager

Vladimir branch of Rassada LLC

Puli S.T.