Labor relations in modern society are complex and ambiguous. They include many nuances that must be considered by both the employee and the employer.
A common practice in production is the transfer of an employee to another position for any reason. All changes in matters of labor relations are required by the current legislation to be documented.
Legislative regulation of the issue
In order for such a major change in the employment relationship to take place legally, it is required to draw up transfer order- a special document fixing the rearrangements that have occurred in production.
The issue of transferring employees within the framework of divisions or labor functions of one enterprise is regulated by the labor legislation of the Russian Federation, in particular, articles 30, 35, 40, 73, 77 of the Labor Code of the Russian Federation and other regulatory documents.
From a legal point of view, this procedure means changing the essential conditions of the previously concluded. In this regard, the employer instructs the employee to perform work in accordance with another profession, specialty, qualification or position. The only exception is a change in the name of the profession of this employee, then this is not considered a transfer.
The regulation of this procedure is described in the following video:
General order of transfer
An employee of an enterprise or organization may be transferred to another position on his own initiative, on the initiative of the employer, or for health reasons. In addition, said transfer may be temporary or permanent.
Permanent and temporary transfers differ in time frames and design features. In the first case, with a permanent transfer, an irreversible change in the labor function follows, for which it is mandatory to conclude with the employee, and a corresponding entry is also created in. In the second case, changes are recorded only in the order.
When transferring to another permanent work grounds may be:
If carried out temporary transfer to another position, the date of completion of the work may not always be known. As a rule, the main reason for the temporary transfer of an employee is the replacement of another employee who will not work in this production for an unknown period of time (maternity leave, child care, etc.).
In cases where the transfer of an employee within the enterprise is related to his state of health he may be offered easier working conditions. The same applies to the transfer to another position of an employee in connection with her pregnancy.
The Labor Code of the Russian Federation prescribes in a number of cases, when an employee is transferred for health reasons to a position with a lower salary, to leave him (established for the position he previously held) within one month from the date of transfer.
When the reason for the transfer is an occupational disease or an injury received at work, the employee retains the old salary for the entire period of his professional duties in this position.
An employee can be transferred to another position in an organization at the initiative of the employer or in connection with his own interests and plans. The order also formalizes the movement of an employee to a new workplace in a branch or territorial subdivision of the organization.
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Compilation and execution of the necessary documentation
In case of transfer to another position at the initiative of the employer, the employee is provided notification
from the management of the enterprise about the proposed changes in his work biography.
If the transfer is made at the initiative of the employee, then it is required to supply statement or memorandum , where the real prerequisites are indicated that justify the upcoming transfer.
An application or a memorandum requesting a transfer to another position, an amendment to an employment contract, a medical report and other types of documents act as the basis documents for the transfer procedure and drafting employee transfer order to another position.
The corresponding order draws up the procedure for transferring an employee to another position and is issued by the management of the organization. This document can be submitted in any form, or it can be approved using a form specially created for it (both cases are allowed by law).
The unified form of the order is contained in the T-5 form (used if one employee is transferred to another position), or in the T-5a form (if a group of employees is planned to be transferred). As a rule, the uniform drawing up of an order is more convenient and is used most often. Filling out the order can be done by hand or using a computer set on electronic means.
If the order is drawn up according to ready-made forms - T-5 and T-5a, then it already has ready-made details for the transfer, and you only need to enter the missing information: the name of the organization, its number and date of the document, as well as the date the employee was transferred to another position within the organization.
If a temporary transfer is carried out, then it is necessary to indicate the end date of his labor activity in this position.
IN the main content of the order on the transfer of an employee in an organization to another position, the following data must be entered:
- Full name of the employee in respect of whom the document is being approved;
- the date from which he must be transferred to another position;
- previous place of work or position of the employee;
- what type of transfer is carried out (temporary or permanent);
- information about the new place of work and position;
- the basis (reason) for such a decision;
- the amount of salary, tariff rate, as well as allowances and bonuses (if any) of the employee.
Responsibility for drawing up the order lies with the specialist of the personnel department of the enterprise. The document is signed by the head of the organization, and the employee who is transferred to another position puts his signature after reading the order.
A change in the terms of an employment contract when an employee is transferred to another position is fixed in the execution of a special additional agreement. In particular, working conditions are subject to change, etc. After signing by the employee and the employer, the document being drawn up becomes part of the employment contract concluded by the two parties to the employment relationship.
Also, in connection with the transfer, a special mark is made in the work book and in the personnel department. The basis for such marks is the order to transfer the employee to another position.
When does translation become mandatory?
Mandatory grounds to transfer an employee to a new position in the organization are:
This type of personnel transfer must be carried out with the mandatory consent of the staff.
Refusal to transfer and what to do in this case
An employee, even if there are sufficient grounds for transferring him to another position, has the right to refuse him. Sometimes situations arise when the employer himself cannot find a suitable place for his employee that would correspond to the new working conditions:
The rules for conducting personnel movements in 1C are presented in the following video lesson:
It is used in personnel records management for paperwork when transferring an employee to another job, serves as the basis for making appropriate entries in other personnel documents.
About forms T-5 and T-5a
The order in the form T-5 on the transfer of an employee to another job refers to the album of unified forms of primary accounting documentation for accounting for labor and its payment, form code according to OKUD 03010004.
A variation of such an order is an order in the form T-5a, which is used in the case of the transfer of several employees within one organization at the same time (for example, when changing the staffing table).
Instructions for filling out the T-5 form can be found in the Decree of the Goskomstat of Russia dated 01/05/20014 No. 1.
An order in the form T-5 is issued to transfer an employee to another job, both permanent and temporary. The main columns contained in the order relate to the following information about the transfer:
- description of the previous and new places of work (department / structural unit, position (specialty, profession), category, class (category) of qualification), tariff rate, salary;
- the reason for the transfer (for example, an employee's statement, a change in staffing);
- the basis for the transfer (order of the head of the organization);
- details of an employment contract or an additional agreement that defines the relationship between the employee and the employer as its parties.
In the case when we are dealing with a permanent change in position, it becomes necessary to sign an additional agreement to the employment contract, which will record these changes.
Form T-5
Basis for transfer
The documentary basis for the transfer of an employee, reflected in the transfer order in the T-5 form, may be:
- Permanent transfer to a new job within the organization at the request of the employee, expressed in the application, as well as with the consent of the manager;
- Permanent transfer to another position on the basis of local documents issued and accepted in the organization (memo, order of the head);
- Temporary transfer to replace a temporarily absent employee (vacation, prolonged illness). The end of such a transfer is the return to work of the main employee;
- Temporary transfer to another position on the basis of a medical report (for example, for a pregnant woman for a period before the start of maternity leave). The deadline for such a transfer is indicated in the conclusion itself.
Such a basis serves to confirm the transfer, indicates the initiator of the transfer (employee or employer), as well as the informed consent of the other party to the employment relationship (the signature of the parties indicates voluntary consent and awareness).
We fill out the T-5 form, make an entry in the work book
The employee must be familiarized with the transfer order T-5 against signature within three days. Article 66 of the Labor Code of the Russian Federation provides a rule that, on the basis of an order to transfer an employee to another job, an entry is made in the employee's work book, if it is a permanent transfer.
An entry in the work book about the transfer is made on the basis of an order (instruction) of the employer no later than a week and must exactly correspond to the text of the order (instruction) (clause 10 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by the Decree Government of the Russian Federation dated April 16, 2003 N 225 "On work books").
The record of the transfer is brought to the attention of the employee by familiarizing the employee against the signature in his personal T-2 card, in which the entry made in the work book is repeated.
Sample filling form T-5
Sample filling form T-5a
The company carries out its activities under the influence of a large number of different factors, so it periodically has to coordinate its work. Each of the parties to the employment relationship may propose to change the job responsibilities of the employee. In accordance with the law, this will be a transfer to another job. It happens at the initiative of the employer or employee, permanent or temporary, requiring the mandatory consent of the employee or without it.
There are also transfers of personnel to another organization, as well as to another locality. In all cases, the enterprise must draw up employee transfer order.
This document is drawn up on the basis of a memorandum or memo, an additional agreement,. The organization has the right to apply a unified labor accounting document form T-5 or a free-form order for.
In the latter case, it must contain all mandatory details provided by law. The order is issued by the personnel department in one copy, recorded in the book of orders. After that, it is signed by the head, and the employee is familiarized with the signature.
Upon request, the employee may be given a copy of this document. If a permanent transfer is carried out, then within 7 days an entry must be made in the work book of the employee on the basis of this order. Unified form T-5 an order to transfer an employee to another job is contained in many specialized programs; you can download the form at the end of the article.
A sample of filling out an order to transfer an employee to another job
The personnel inspector, in strict accordance with the constituent documents, fills in the name of the company (full or abbreviated), and puts down the company code in the statistics. The document receives the next number from the order registration book and the date is filled in.
The corresponding columns indicate the period of transfer. If the change in labor functions occurs on an ongoing basis, then you do not need to fill in the end date. The following lines contain the personal data of the employee (full name), as well as the type of transfer.
Sections "Former Place of Work" And "New place of work" records data on old and new structural units and positions. The order must include the reason for the change in labor duties, which is indicated in the corresponding line.
A change in job duties affects the amount of wages, so the order must reflect the new salary and, if any, allowances.
In Graf "Base" the name of the document on the basis of which the transfer is carried out, as well as its details (date and number) are indicated.
The position of the head is filled in the order, his signature and its transcript are put. After reading it, the employee endorses and indicates the date of familiarization.
Features of filling in some orders for transfer to another job
In the practice of an enterprise, there are cases when a temporary transfer is carried out, but it is difficult or impossible to establish the exact date of its completion. For example, the performance of labor functions of a temporarily absent employee who is undergoing treatment.
In this case, in column "by" the date is filled in after the end of the transfer, and in column "Type of transfer" the event that caused the change in labor functions is indicated.
The Labor Code of the Russian Federation provides for such situations when an employee who, for health reasons, has been transferred to work with a reduced salary, retains the old salary for a certain time. In this case, the personnel department must reflect two salaries in the order. This can be done by adding the appropriate line in the document.
A transfer may involve several employees. In this case, the enterprise has the right to draw up one general order for all employees, either using the unified form T-5a, or in any form.
The transfer of an employee can be carried out to work in another company. In this case, the organizations exchange written requests and cover letters that are attached to the employee's statements. A feature of this change in labor functions is that an order is drawn up to terminate the employment contract with the indication “transfer to another employer” as the basis.
In order to legally transfer someone from the state to another position, it is necessary to take into account the peculiarities of this process and comply with all the rules of the Labor Code of the Russian Federation. The main rule is that the transfer should be carried out only with the consent of the staff itself, so it begins with the employee writing an application for transfer. Based on this document, a memorandum is issued, which indicates the basis for such an action, and then an order to transfer the employee.
There are a number of reasons for transfer, for example:
- Promotion of an employee, transfer to a higher paid position;
- Transfer to a position at a lower level due to failure to pass certification;
- Change in the structural division of the company;
- downsizing;
- Availability of a vacant position in the organization;
- Medical indications for transfer (changes in the health status of an employee, occupational injuries);
- Temporary replacement of an employee who is absent from the workplace (for example, due to vacation or a period of temporary disability);
- Transferring the frame to another area.
Transfer vs Move - What's the difference?
Lawyers recommend drawing up an additional agreement to the employee's employment contract along with the order. Thus, the parties can protect themselves from future possible disputes regarding the voluntary nature of the transfer and new labor duties of the staff.
In addition to the transfer of an employee, there is also the term "relocation". You need to know the nuances of the differences between these processes, since their legal registration takes place in different ways. The transfer of an employee to another position is regulated by Article 72 of the Labor Code of the Russian Federation and means a significant change in the labor function of the frame. Also, the transfer may imply a change in the structural unit or location of work, while the relocation does not imply significant changes in the terms of the contract.
Responsible persons for the preparation of the document
The order is drawn up by an employee of the personnel service, an accountant of an organization or a person performing his duties. This document is published in a single copy and kept for 75 years. It must be certified by the signature of the head of the organization, as well as the person responsible for drawing up the order.
How to correctly arrange a translation in an organization - in the following video:
Its design
This document is being compiled according to the unified form T-5 or T-5a. This requirement is not strict, and a personnel worker has the right to issue it in a free form on the letterhead of the organization. To do this, it is enough to observe the following rules:
- The heading of the document indicates the full name of the organization, just as it is written in the constituent documents. In addition, there you need to specify the address of the company.
- The order itself begins with the word "Translate", there should not be an introductory part. Then the full name of the person being transferred and his position are indicated.
- Next, it is indicated exactly where the employee is being transferred (name of the unit and new position).
- Then the date of entry of the personnel into a new position, his salary and working conditions in a new place should be prescribed.
- The reason for the transfer should be indicated below (the document on which the transfer of the employee is carried out).
- In the lower part, the order is endorsed by the signature of the head of the organization, and the phrase “I am familiar with the order”, confirmed by the signature of the transferred frame, should also be placed.
- Company seal.
When applying for a unified form, it is enough just to fill in the ready-made fields of the form. This is done as follows:
- "Name of the organization" - as indicated in the constituent documents;
- OKPO code;
- Registration number of this order;
- "Date" - it is allowed to specify in Arabic numerals (06/17/2014) or in a verbal-numerical way (June 17, 2014);
- "C": date of entry of the frame in a new position;
- “To”: when transferring to a permanent job, the column remains empty, with a temporary transfer, the last working day of the frame at this place is indicated;
- Personnel number of the employee;
- His full name;
- Type of transfer - temporary or permanent;
- Department and position at the previous workplace;
- The document that is the basis for the transfer;
- Structural unit and position to which the staff is transferred;
- Salary or tariff of an employee in a new position, allowance (if any);
- Date and number of the supplementary agreement to the contract with the employee;
- Signature with a transcript of the head of the organization;
- Signature of the employee confirming familiarization with the document, date.
The same data is indicated in the T-5a form, but it has the form of a table in which data on the transfer of an employee is entered. Regardless of the form of the order, the above information must be written in it.
The transfer of an employee to another job (to another position, to another division) can be made at the initiative of the employee himself or the employer. In any case, the consent of both parties must be present, as well as an order in the T-5 form.
The final decision on the transfer is fixed in the order, which is approved by the head and signed as a sign of familiarization by the employee. Thus, both parties express their consent and awareness in the order.
If the transfer of an employee is not related to making changes to the employment contract, for example, it is transferred from one structural unit to another, while the contract does not indicate where the employee was accepted, in this case it can be issued without obtaining the consent of the employee.
An order to transfer an employee to another job can be issued using a standard form - T-5 or T-5a. Moreover, to move a group of employees within an organization, it is convenient to use the T-5a form, which allows you to list all employees to be transferred in one form. This significantly reduces the company's paperwork.
Unified forms are not required to be filled out, therefore it is allowed to issue your own form of an order for transfer to another position within the same organization, which will be convenient for a particular organization.
In order to transfer an employee, there must be a basis document - it can be an employee if this is his initiative. It can also be the written consent of the employee to the changes, if the employer offers to make it.
Forms of standard forms of the order T-5 and T-5a are presented for free download at the bottom of the text. For example, we suggest downloading a sample of filling out the T-5 form when transferring one employee to another position within the same organization. If an employee is transferred to another enterprise, then he should be fired at his current job and hired at a new one. The basis for dismissal is clause 5 of article 77 of the Labor Code of the Russian Federation.
If an employee is transferred from full-time to part-time, then an order must be issued by.
Instructions for filling out the T-5 order when transferring to another job
The document has a standard structure for unified personnel orders. Above - the name of the company, OKPO, document number, day, month, year of registration.
In the "transfer to another job" field, the date of transfer is written - the first working day in a new position. If the transfer is carried out for a specific period, then the date is also put in the “to” field.
Full name of the employee, personnel number is filled in the relevant lines of the order. Next, you need to specify for how long the transfer is being made - forever or for a limited period.
In the “former place of work” field, you need to indicate in which position and in which unit the employee worked, as well as indicate the reason for the transfer, this can be, for example, an industrial injury or a promotion.
In the subsection of the order “new place of work”, a new position is written within this organization, a unit and the amount of remuneration in a new place. Often, a gradual increase or decrease in salary is introduced within a month, especially if the reason for the transfer is an injury received in the course of performing work duties.
Information about the new position and the new place of work must be reflected in the employment contract. In order not to conclude a new contract, an additional agreement is drawn up to it, which spells out all the changes, obligations and other points of the parties in connection with the transfer to another position within the organization
If there is another document explaining the reason for the transfer, then it is also indicated in the order.
After the order is issued, it must be approved according to the established rules, after which the document comes into force and an entry is made in
