Transfer and promotion in the state civil service. Transfer to a higher civil service position

Is it possible to transfer an employee to a lower position who is on regular leave? Due to staff reductions, employees were notified two months in advance of transfer to a lower position. According to the vacation schedule, vacation of this employee fell on the transfer date.

Answer

Answer to the question:

During the transfer, the essential terms of the service contract () change. That's why transfer is allowed only with the written consent of a civil servant ().

Attention : On January 1, 2013, the Law of July 27, 2004 No. 79-FZ comes into force. This article provides for positions in the “managers” category in territorial bodies of federal executive authorities that carry out control and supervisory functions.

Differences between translation and displacement

How does transferring a civil servant to another position differ from relocation?

It is necessary to distinguish between a transfer to another position within one government agency and a transfer to another position in the civil service, without change job responsibilities, installed and . In both cases, the civil servant remains employed within the same government agency. However, these concepts are not identical. When a civil servant is moved to another position, his job responsibilities established by the service contract and job regulations do not change. That is, a civil servant does the same job. In this case, it is not necessary to obtain consent to move the civil servant himself. This is stated in Article 28 of the Law of July 27, 2004 No. 79-FZ.

Transfer initiator

On whose initiative can a civil servant be transferred within one government agency?

Transfer to permanent work within one government agency is possible on the initiative of:

Transfer at the initiative of the employee

How to arrange a permanent transfer to another position at the initiative of a civil servant

If the initiator of the transfer is a civil servant, then first he needs. An exception is the case when a civil servant requests to be temporarily transferred by concluding a fixed-term service contract to the position of a temporarily absent civil servant. At the same time, he can be accepted back into the civil service for an indefinite period only through a competition.

Transfer at the initiative of the employer

How to formalize the permanent transfer of a civil servant to another position at the initiative of the employer’s representative

If the initiative to transfer comes from a representative of the employer, then the head of the structural unit needs to prepare. In this document, the head of the unit must characterize the professional and business qualities civil servant and justify the reason for the transfer. At the presentation, the head of the government agency (representative of the employer) puts forward his resolution.

After this, you must obtain the written consent of the civil servant for the transfer. To do this, you need to notify the civil servant about the transfer no later than two months in advance (). There is no unified form of notification, so it can be issued in. On it, the civil servant must express in writing his consent or disagreement with the transfer.

Employment history

How to make an entry in the work book about the permanent transfer of a civil servant to another position

Make an entry about the transfer in the civil servant's work book no later than a week from the date of transfer (Rules approved).

Personal card

How to make an entry on a personal card about the permanent transfer of a civil servant to another position

At the end of the procedure, make an entry about the transfer in the personal card of the civil servant, approved by the resolution. Introduce it to the civil servant against his signature. This procedure is provided for in the approved.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and personnel policy in healthcare of the Russian Ministry of Health

2. Answer: How to fire a civil servant when reducing positions

Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

The employer's representative notifies personally and under the signature of all employees who are subject to reduction about the upcoming dismissal in connection with the reduction of civil service positions. Notification must be sent at least two months before the planned reduction (dismissal date). This is stated in Article 31 of the Law of July 27, 2004 No. 79-FZ.

Further, the employer’s representative, within two months from the date of notice of dismissal, is obliged to offer those being laid off all available vacant positions civil service in the same government agency, taking into account the category and group of the position being filled by the civil servant, his level of qualifications, vocational education, length of service in the civil service or work in the specialty. If there are no suitable vacancies, then the employees being laid off may be offered vacant positions in the civil service in other government agencies in an approved manner. This is stated in parts of Article 31 of the Law of July 27, 2004 No. 79-FZ.

In addition, during the two-month warning period about layoffs, a government agency may have civil servants. Based on its results, employees who have a preferential right to fill a civil service position may be provided with other civil service positions to fill, including in another government agency. This follows from the provisions of Article 31 of the Law of July 27, 2004 No. 79-FZ. In this case, the employee with more highly qualified, level of professional education, longer length of experience in the civil service or work (service) in the specialty, as well as higher professional results official activities ().

If there are no vacant positions in the state civil service in the government agency in which positions are being reduced, the personnel service of this government agency, no later than 30 days before the day of the employee’s upcoming dismissal, searches for vacant positions in other government agencies, taking into account the category and group of the position being filled by the civil servant, his level of qualifications , professional education, civil service experience or work in the specialty. The compiled list of vacant positions includes positions in government agencies located in the same area, and in their absence, located in other areas within Russia.

A notice of an offer to an employee of vacant positions in the state civil service in other government agencies, with a list of these positions attached, signed by a representative of the employer, is given to the employee against signature no later than 25 days before the day of the upcoming dismissal. Within two working days from the date of reading the notification, the employee must write an application with a request to send his application form to the selected government agency or refuse the offered vacancies.

Advice: to search for vacant positions, use the federal government information system"Federal portal of management personnel" . In the list of vacant positions, include positions posted on the specified portal, as well as other positions about which information is available in the personnel service. This is stated in the Rules approved.

If the employee agrees to the proposed positions, the personnel service, no later than two working days from the date of receipt of his application, sends letters to government agencies with a request to consider the employee’s candidacy for filling a vacant position in the state civil service and to submit relevant information to the government agency in which the positions are being reduced. The letter is sent using fax, Email or other means of communication. The letter indicates the vacant positions selected by the employee, as well as the planned date of dismissal. A civil servant in the form approved is attached to the letter.

After receiving the letter, the personnel service of the government agency in which there are vacant positions, no later than three working days from the date of its receipt, sends a response indicating its readiness to consider the employee’s candidacy, indicating the place and time of the interview, or a refusal with justification of the reason. This information is communicated to the employee within one working day following the day of its receipt.

This procedure is provided for in paragraphs of the Rules approved by.

The decision made by the representative of the employer of the government agency based on the results of the interview with the employee is sent in writing to the personnel service of the government agency in which the positions are being reduced no later than three days from the date of the interview. Within one working day, the personnel service informs the employee of this decision against signature. This is stated in the Rules approved.

In case of a positive decision based on the results of the interview to provide the employee with a vacant position public office in another government agency, the employee will need to be dismissed by transfer on the basis of Part 1 of Article 33 of the Law of July 27, 2004 No. 79-FZ (Rules approved).

If the employee being laid off agrees to the proposed vacancies and positions in the government agency that is conducting the layoff, then the public-office relationship continues. Such consent must be recorded in writing. This procedure is provided for in Article 31 of the Law of July 27, 2004 No. 79-FZ.

If the employee being laid off refuses existing offers (including in other government agencies), he is released from the position he is replacing and dismissed from the civil service. In this case, the service contract is terminated under Part 1 of Article 37 of the Law of July 27, 2004 No. 79-FZ (). Upon dismissal due to reduction, a civil servant is paid compensation in the amount of four months' salary in the manner established by the Rules approved. Severance pay no payment required. This follows from the provisions of Article 37 of the Law of July 27, 2004 No. 79-FZ.

If the government agency in which the reduction is taking place is located in the Far North or equivalent areas, then the former employee has ().

On the day of dismissal, a civil servant is required to hand over his service certificate to the department of the government agency for civil service and personnel matters ().

It should be noted that with the written consent of the employee, it is possible to terminate the service contract with him before the expiration of the two-month warning period. In this case, the employee must be paid additional compensation in the amount of salary, calculated in proportion to the time remaining before the expiration of the two-month warning period. This follows from the provisions of Article 31 of the Law of July 27, 2004 No. 79-FZ.

3. Answer: Is it possible to transfer an employee to another position during his vacation: annual, without pay, educational

Ivan Shklovets, Deputy Head Federal service on labor and employment

It is possible, but only with the employee’s consent to such a transfer.

Transfer is allowed from the employee for (). At the same time, labor legislation does not provide for any restrictions on changing the terms of the employment contract during the employee’s vacation period. Therefore, with the employee’s consent, it is possible even during his vacation, subject to the requirements for documentation. This procedure applies to all types of vacations, not just annual paid ones.

The requirement to retain the employee’s place of work and position during the vacation, which, in particular, is specified in Labor Code RF in relation to annual leave, is only a minimum guarantee that prohibits the employer, on his own initiative, from changing any working conditions during the employee’s absence, regardless of the duration of the vacation. At the same time, if the employee himself agrees to move to a new place, then approval of such a transition, as well as documenting can be carried out at any time, including during vacation, if necessary.

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Is it possible to notify an employee of the upcoming reduction of his position in less than two months if his position is changed to a higher one? Ours is not exactly a transfer... This is an appointment to a position that has been newly introduced. And according to the law on civil service, a competition must be announced for the newly opened position... The appointment is planned from personnel reserve, where a civil servant is included based on the results of certification... The certification took place yesterday. We want to introduce the position from June 1st. We do not violate the rights of a civil servant if the notification is dated May 11 that the position will be reduced on June 1 and a higher one will be introduced on June 1, which we will offer her...

Answer

Answer to the question:

The employer's representative must notify the civil servant of the upcoming dismissal due to the reduction of civil service positions at least two months before the planned reduction (dismissal date). This is stated in Article 31 of the Law of July 27, 2004 No. 79-FZ.

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This requirement does not depend on what vacancies are offered to the civil servant during layoffs.

At the same time, the law does not prohibit the transfer of a civil servant to the proposed position (with his consent) before the expiration of the notice period for layoffs.

Thus, the civil servant must be notified of the layoff at least two months in advance, but to formalize the transfer it is not necessary to wait for the expiration of this period - an appointment to a new position can be issued as soon as this position is included in the staffing table and the employee agrees to fill the new position .

Details in the materials of the Personnel System:

1. Answer: How to fire a civil servant when reducing positions?

Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

If there are no vacant positions in the state civil service in the government agency in which positions are being reduced, the personnel service of this government agency, no later than 30 days before the day of the employee’s upcoming dismissal, searches for vacant positions in other government agencies, taking into account the category and group of the position being filled by the civil servant, his level of qualifications , professional education, civil service experience or work in the specialty. The compiled list of vacant positions includes positions in government agencies located in the same area, and in their absence, located in other areas within Russia.

A notice of an offer to an employee of vacant positions in the state civil service in other government agencies, with a list of these positions attached, signed by a representative of the employer, is given to the employee against signature no later than 25 days before the day of the upcoming dismissal. Within two working days from the date of reading the notification, the employee must write an application with a request to send his application form to the selected government agency or refuse the offered vacancies.

Advice: to search for vacant positions, use the federal state information system “Federal Portal of Management Personnel” . In the list of vacant positions, include positions posted on the specified portal, as well as other positions about which information is available in the personnel service. This is stated in the Rules approved.

If the employee agrees to the proposed positions, the personnel service, no later than two working days from the date of receipt of his application, sends letters to government agencies with a request to consider the employee’s candidacy for filling a vacant position in the state civil service and to submit relevant information to the government agency in which the positions are being reduced. The letter is sent using fax, email or other means of communication. The letter indicates the vacant positions selected by the employee, as well as the planned date of dismissal. A civil servant in the form approved is attached to the letter.

After receiving the letter, the personnel service of the government agency in which there are vacant positions, no later than three working days from the date of its receipt, sends a response indicating its readiness to consider the employee’s candidacy, indicating the place and time of the interview, or a refusal with justification of the reason. This information is communicated to the employee within one working day following the day of its receipt.

This procedure is provided for in paragraphs of the Rules approved by.

The decision made by the representative of the employer of the government agency based on the results of the interview with the employee is sent in writing to the personnel service of the government agency in which the positions are being reduced no later than three days from the date of the interview. Within one working day, the personnel service informs the employee of this decision against signature. This is stated in the Rules approved.

In the event of a positive decision based on the results of the interview to provide the employee with a vacant public position in another government agency, the employee will need to be dismissed by way of transfer on the basis of Part 1 of Article 33 of the Law of July 27, 2004 No. 79-FZ (Rules approved).

If the employee being laid off agrees to the proposed vacancies and positions in the government agency that is conducting the layoff, then the public-office relationship continues. Such consent must be recorded in writing. This procedure is provided for in Article 31 of the Law of July 27, 2004 No. 79-FZ.

If the employee being laid off refuses existing offers (including in other government agencies), he is released from the position he is replacing and dismissed from the civil service. In this case, the service contract is terminated under Part 1 of Article 37 of the Law of July 27, 2004 No. 79-FZ (). Upon dismissal due to reduction, a civil servant is paid compensation in the amount of four months' salary in the manner established by the Rules approved. No severance pay is required. This follows from the provisions of Article 37 of the Law of July 27, 2004 No. 79-FZ.

If the government agency in which the reduction is taking place is located in the Far North or equivalent areas, then the former employee has ().

On the day of dismissal, a civil servant is required to hand over his service certificate to the department of the government agency for civil service and personnel matters ().

It should be noted that with the written consent of the employee, it is possible to terminate the service contract with him before the expiration of the two-month warning period. In this case, the employee must be paid additional compensation in the amount of salary, calculated in proportion to the time remaining before the expiration of the two-month warning period. This follows from the provisions
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We need your help again. Article 30 of the Federal Law “On the State Civil Service of the Russian Federation” No. 79-FZ dated July 9, 2004 states that “by agreement of the parties to the service contract, the employer’s representative has the right to appoint a civil servant to a civil service position not stipulated by the service contract, previously filled by a temporarily absent civilian employees, including a higher group of positions, with the establishment official salary salary for a temporarily filled position...." (Part 3 of Article 30). Question: such an appointment entails that the previous position of the person appointed to a higher position is determined as vacant or during the absence of the main civil servant? And what happens when the term Has the performance of duties in a higher position come to an end? Is the civil servant who filled the higher position subject to dismissal or returned to his previous position? Thank you.

Answer

Answer to the question:

In accordance with clause 2, part 4, art. 25 of Law N 79-FZ, in case of filling a civil service position during the absence of a civil servant, for whom, in accordance with Law N 79-FZ and other federal laws, a civil service position is retained, a fixed-term service contract is concluded.

Part 3 of Art. 30 of Law N 79-FZ provides for a case that is not covered by the provisions of Part 2 of Art. 30 of Law No. 79-FZ (,). It is also noted that Part 3 of Art. 30 of Law N 79-FZ, as follows from its content, regulates one of the cases of temporary transfer of a civil servant by agreement of the parties to the service contract to another (unvacant) civil service position in the same government body for a period of temporary absence (illness, maternity leave a child under the age of three, etc.) holding this position on a permanent basis as a civil servant.

According to Part 3 of Art. 35 of Law N 79-FZ, a fixed-term service contract concluded for the period of replacement of an absent civil servant, for whom, in accordance with this Federal Law, a civil service position is retained, is terminated with the entry of this civil servant into service, the civil servant who filled the specified position is released from the position being replaced positions in the civil service and resigns from the civil service.

The Ministry of Health and Social Development of Russia notes that in accordance with Part 3 of Art. 30 Law No. 79-FZ in the case of a civil servant replacing a civil service position during the absence of a civil servant who retains a civil service position, a fixed-term service contract is concluded with him, and the civil service position being filled by him becomes vacant.

At the end of the period of temporary transfer to another position, determined by the parties to the service contract, the employer’s representative Maybe provide the civil servant with his former position. However, if at the end of the transfer period the previous position of a civil servant is unvacant, the service contract with him is terminated and he is released from the civil service position being replaced. In the future, appointment to a civil service position is carried out on the general basis provided for by Law No. 79-FZ.

If a temporarily absent civil servant resigns from the civil service, and the replacement civil servant continues to perform official duties, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent and the employer’s representative no longer has the right, without the consent of the civil servant, to transfer him to the previous or another job title.

Details in the materials of the Personnel System:

1. Question from practice: how to arrange the transfer of a civil servant for a period of more than a month to replace a temporarily absent civil servant

By agreement of the parties, a civil servant can be transferred to another position (including a higher group of positions), replaced by a temporarily absent civil servant, for whom the position is retained. In this case, the civil servant can be transferred for a period of more than a month. This is stated in Article 30 of the Law of July 27, 2004 No. 79-FZ.

To complete the transfer procedure with a civil servant you need. When concluding a fixed-term service contract, the position previously filled by a civil servant becomes vacant.

If a temporarily absent civil servant is dismissed and the replacement civil servant continues to perform official duties, then the condition temporary transfer becomes invalid and the transfer is considered permanent. In this case, you need to renegotiate with him.

Such explanations are contained in.

Advice: There are arguments that make it possible not to conclude a fixed-term service contract with a civil servant. They are as follows.

Concluding a fixed-term service contract is possible only if it is known in advance that the position will be vacant for a long time (for example, in the event of the departure of a civil servant filling this position in maternity leave, to Army). In addition, the need to conclude a fixed-term service contract may be associated with the performance of control, administrative, and other functions in a new position. In this case, the conclusion of a fixed-term service contract is associated with the transfer of certain powers to the civil servant and giving his actions a legal nature.

In other cases (if it is not known in advance that the civil servant will be absent for a long time), a fixed-term service contract may not be concluded. It is enough for the head of a government body to assign the duties of a temporarily absent civil servant to another civil servant. In this case, the civil servant must establish an additional payment in accordance with the assigned duties.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With respect and best wishes comfortable work, Svetlana Gorshneva,

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How to correctly formalize the temporary transfer of a civil servant to another civil service position in the same government body?

If a temporarily absent civil servant resigns from the civil service, and the replacement civil servant continues to perform official duties, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent, and the employer’s representative no longer has the right to transfer him to his previous position without the consent of the civil servant. or other position.

This position is currently dominant in law enforcement practice.

However, in our opinion, the explanation of the Ministry of Health and Social Development in the part that indicates the mandatory conclusion of a new fixed-term service contract in the event of temporary replacement of another civil service position by agreement of the parties is incorrect. Concluding a service contract for the duration of the duties of a temporarily absent employee means drawing up new official relations regarding a temporarily free (not vacant) position for a certain period. A temporary transfer of a civil servant, formalized by concluding a new service contract, will not actually be a temporary transfer, since the very legal essence of the transfer is lost. Moreover, the question arises: on what basis is the current service contract terminated with a civil servant temporarily transferred to a non-vacant position if a new service contract (and not a transfer agreement) is concluded with him? There is no answer to this question.

In all likelihood, until the legislator or the highest judicial authorities express their position on this issue, it will continue to remain controversial. Until then, when applying the Letter, the employer’s representative should take into account that this document is not normative in nature. In other words, it cannot be relied upon as a normative legal act. In this regard, we recommend that the temporary replacement of another civil service position be formalized by concluding an additional agreement to the service contract and issuing a corresponding order, and at the end of the temporary transfer period, provide the civil servant with the previous position.

Expert group of the magazine "Human Resources Directory"

Municipal employees are a category of workers subject to labor legislation is distributed with the features provided for by the Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in Russian Federation"(hereinafter referred to as Law No. 25-FZ) and other regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation on municipal service (Article 11 of the Labor Code of the Russian Federation).

In this article we will talk about transfers of municipal employees, in particular, what positions such employees can fill, what are the features of transferring them to another position, what structural units are there in local governments and what is considered a transfer to another structural unit.

The concept of transfer to another job is revealed in Art. 72.1 Labor Code of the Russian Federation. It refers to a permanent or temporary change labor function the employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. Let us clarify that the transfer to another locality of a municipal employee with an employer is impossible due to the fact that the authorities local government are created, as a rule, in the locality in which local self-government is exercised. In this regard, we will consider the transfer of a municipal employee in two cases - when there is a change in the labor function and (or) structural unit.

Positions of municipal employees

According to Art. 57 Labor Code of the Russian Federation labor function is work according to a position in accordance with the staffing table, profession, specialty, indicating qualifications; the specific type of work assigned to the employee.

A municipal service position is a position in a local government body, the apparatus of the election commission municipality, which are formed in accordance with the charter of the municipality, with the established range of responsibilities to ensure the execution of the powers of the local government body, the election commission of the municipality or the person holding the municipal position. Such positions are established by municipal legal acts in accordance with the register of municipal service positions in a constituent entity of the Russian Federation, approved by the law of the constituent entity of the Russian Federation.

The system of municipal legal acts includes the charter of the municipal formation, which has higher power, regulatory and other legal acts of the representative body of the municipality and legal acts of the head of the municipality, local administration and other local government bodies and local government officials provided for by the charter of the municipality 1.

Inset

A representative body of local self-government is an elected body of local self-government that has the right to represent the interests of the population and make decisions on its behalf that are valid in the territory of the municipality. The special status of representative bodies of local self-government is primarily associated with their election. Such a body is, as a rule, the city duma or council of deputies.

The names of municipal service positions, provided for in the register of positions, are used when drawing up the staffing table of a local government body, the apparatus of the election commission of a municipal formation ( Art. 6 Law no.  25-FZ).

Qualification requirements for the level of professional education, experience in municipal service (civil service) or work experience in the specialty, professional knowledge and skills necessary to perform official duties are established by municipal legal acts for categories and groups of positions. In addition, depending on the level compliance vocational training municipal employees qualification requirements requirements for positions, employees are assigned class ranks.

Job groups are set Art. 8 Law no.  25-FZ- higher, main, leading, senior and junior. Categories and class ranks of municipal service positions are established by the laws of the constituent entities of the Russian Federation.

Using the example of the Law of the Moscow Region dated July 24, 2007 No. 137/2007-OZ “On Municipal Service in the Moscow Region” (hereinafter referred to as Law No. 137/2007-OZ), we will consider what categories and grade ranks are established for municipal employees of the Moscow Region. So, there are the following categories of employees:

Managers are positions of heads of municipal administrations and their deputies, heads of local government bodies and their deputies, etc. They are divided into the highest, main and leading groups of municipal service positions;

Assistants (advisers) - positions established to directly ensure the execution of the powers of the person holding a municipal position, replaced by municipal employees for a certain period, limited by the term of office of the specified person. They constitute the leading group of municipal service positions;

Specialists - positions established for professional, as well as organizational, information, documentation, financial, economic, economic and other support for the execution of powers of a local government body, election commission of a municipality, replaced without a term limit. Divided into leading, senior and younger group municipal service positions.

For your information

The laws of the constituent entities of the Russian Federation also compare groups of positions in the municipal service and groups of positions in the state civil subject of the Russian Federation. Thus, the highest and main groups of municipal service correspond to main group civil service.

The register of municipal service positions approved by Law No. 137/2007-OZ, for example, for the municipal service in the administration of a municipal entity, establishes the following job titles.

Higher positions - head of municipal administration;

Main positions - first deputy/deputy head of the municipal administration, first deputy/deputy head of the municipal administration, head of the municipal administration body, manager of the municipal administration, first deputy head of the local government, deputy chairman of the control and accounting body, head of the department, Deputy Head of Department;

Leading positions - deputy chairman of the committee, deputy head of the department, deputy head of the department; head of a department as part of a committee, management, deputy head of a department as part of a committee, management; head of a sector as part of a committee, management, department.

for a specified term of office. This includes leading positions in the municipal service - adviser to the head of the municipality, press secretary of the head of the municipality, assistant to the head of the municipality.

Leading position - consultant;

Senior positions - Chief Specialist, Leading Specialist;

Junior positions - specialist of the 1st category, specialist of the 2nd category, specialist.

If a person holding a position in the municipal administration service of the “specialist” category is the chief accountant or his deputy, then a double title of the position is allowed.

In accordance with Art. 8 of Law No. 137/2007-OZ, municipal employees of the Moscow region are assigned the following class ranks:

Holding the highest positions of the municipal service - the rank of “actual municipal councilor of the Moscow region” of the 1st, 2nd and 3rd class;

Those filling the main positions are “municipal councilor of the Moscow region” 1st, 2nd and 3rd class;

Filling leading positions - “adviser of the municipal service of the Moscow region” 1st, 2nd and 3rd class;

For senior positions - “senior assistant of the municipal service of the Moscow region” 1st, 2nd and 3rd class;

Those filling junior positions are “referent of the municipal service of the Moscow region” of the 1st, 2nd and 3rd classes.

For Moscow employees, the period of stay in class rank is from one to two years. Ranks are assigned based on the results of a qualification exam. An exception is for employees who hold positions in the categories “managers” of the highest group of positions, “assistants (advisers)” for a certain term of office: they are assigned class ranks without qualifying examinations 2.

Transfer to another position

Let us remember that due to Art. 72.1 Labor Code of the Russian Federation the transfer can be permanent or temporary.

Constant the transfer is carried out only with the written consent of the employee. If he agrees, an agreement to the employment contract is drawn up, on the basis of which the employer’s representative issues an order for the transfer. Within a week from the date of issue of the order, a record of the permanent transfer is made in the work book 3.

So, a municipal employee can be permanently transferred to another vacant position in the municipal service if he meets the qualification requirements established for this position. However, it can be translated as highest position, and to the lower one. Demotion is carried out based on the results of certification and with the consent of the municipal employee. And if the employee does not agree with the demotion or it is impossible to transfer to another position in the municipal service, the representative of the employer (employer) may, within no more than one month from the date of certification, dismiss him from the municipal service due to the inadequacy of the position being filled due to insufficient qualifications, confirmed by the results of certification. After the expiration of the specified period, the dismissal of a municipal employee or his demotion based on the results of this certification is not allowed ( clause 4, 5 tbsp. 18 Law no.  25-FZ).

note

The class ranks of municipal employees are retained in the event of transfer, including to positions in the state civil service. The procedure for assigning ranks, as well as the procedure for maintaining them during transfer and upon dismissal from municipal service, are established by the laws of the constituent entities of the Russian Federation ( Art. 9.1 Law no.  25-FZ).

It is possible that the employee’s job function has changed, but the position remains the same. In this case, of course, there is no need to formalize any transfer, but the employee should be notified of the changes two months before their introduction. If a municipal employee does not agree to continue working under new conditions, the employer is obliged to offer him in writing another available job that corresponds to his qualifications and state of health, and in the absence of such work, a vacant lower position or lower paid job that the employee can perform taking into account his qualifications and health status. In this case, a transfer is carried out, which is recorded in work book. In the absence of the specified work, as well as in the event of an employee’s refusal of the offered work employment contract terminated in accordance with clause 7 art. 77 Labor Code of the Russian Federation.

Feature temporary transfer is that it can be carried out without the consent of the employee, but at the same time the latter retains his position and place of work. An entry in the work book for a temporary transfer is not made; an order for a temporary transfer is issued, the basis of which will be documents confirming the need for such a transfer.

So, temporary transfer can be carried out:

At the initiative of the employer. Such a transfer can be made without the consent of the employee for a period of up to one month in cases of: a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases threatening life or normal living conditions of the whole population or part thereof; downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature); the need to prevent destruction or damage to property; replacing a temporarily absent employee (if downtime, the need to prevent destruction or damage to property or replacing a temporarily absent employee is caused by the specified emergency circumstances). Transfer to a job requiring lower qualifications is permitted only with the written consent of the employee ( part 2,3 tbsp. 72.2 Labor Code of the Russian Federation);

By agreement of the parties, concluded in writing. Thus, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his place of work - until this employee returns to work. work. Moreover, if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision 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 Art. 72.2 Labor Code of the Russian Federation);

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If the temporary transfer has become permanent, based on the order of the manager, it is necessary to make an entry in the work book. In this case, the date of transfer will be the date from which the employee was temporarily transferred.

At the initiative of the employee. The initiators of such a transfer may be employees with medical conditions, as well as pregnant women and women with children under the age of one and a half years ( Art. 254 Labor Code of the Russian Federation). At the same time, they retain average earnings from my previous job.

Quite often the following question arises: is it possible to temporarily transfer a local government employee who does not hold the position of a municipal employee to such a position? Based on the fact that Art. 72.2 Labor Code of the Russian Federation And Law no.  25-FZ There are no restrictions for temporary transfer; in particular, to replace a temporarily absent employee, an employee who is not a municipal employee may be temporarily transferred to a municipal service position before the municipal employee returns to work. The only thing that needs to be taken into account is the qualification requirements for the corresponding group of positions, which are established by the laws of the constituent entities of the Russian Federation. For example, according to standard qualification requirements, established by Law No. 137/2007-OZ, for the position of the category “assistants (advisers)” you must have a higher professional education and at least two years of experience in municipal service (civil service) or at least four years of work experience in your specialty.

Transfer to another structural unit

The second reason for transfer from those we have named is a change in the structural unit in which the employee performs his duties. Let's determine what structural units may exist in local governments. First of all, they are isolated and non-isolated.

Based on the provisions of the Labor Code of the Russian Federation and the Civil Code of the Russian Federation, separate structural divisions are understood as territorial separate units that are created to perform certain functions of the organization outside its location - branches and representative offices. The activities of branches (representative offices) are carried out on the basis of the regulations on the branch or representative office, and they must be specified in the organization’s charter. As for municipal authorities, they have neither branches nor representative offices.

Non-separate structural units are formed as a result of the internal structuring of the institution’s staff in order to distribute management functions. The structure of local government bodies is established by municipal legal acts.

Local government bodies in which municipal employees work include city and district administrations.

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In the state, in addition to municipal service positions, there are elective positions that are not classified as municipal service positions, as well as employees who provide technical support, but in their activities are guided by municipal regulations.

The structure of the city administration is quite complex and has some specific features. So, in addition to the head of the administration and deputy heads, it includes:

Structural divisions - departments, sectors, for example, departments for economics, mobilization, accounting, public relations sector;

Industry bodies. They are also structural divisions, but at the same time they have the status of a legal entity, an independent balance sheet, a bank account and a round seal. These are various departments, departments and committees: property committee, education department, culture department, etc.;

Territorial bodies - administrations of city districts. They are also legal entities, act on the basis of the charter and regulations on them, approved legal act city ​​administration.

In turn, sectoral and territorial bodies have their own structural divisions. For example, in the Education Department of the Administration there may be personnel and legal support departments, general education, technical, organizational and economic departments, department for the protection of children's rights, etc.

The management of the industry body is carried out by the head of the department (department), appointed and dismissed by the head of the city administration, who represents the interests of the department (department) without a power of attorney, hires and fires employees, approves job descriptions, provisions on structural divisions management (department), staffing table and performs other duties established by the charter of the municipality or other municipal regulations.

The activities of district administrations are managed on the principles of unity of command by the heads of these administrations. The head of the district administration is an official of local government, the deputy head of the city administration and is appointed to the position by the head of the city administration.

Taking into account the structure of such a local government body as the city administration, we can draw the following conclusion: if a municipal employee is transferred from one structural unit of a sectoral body (administration, department) to another unit of the same body for the same position (provided that the structural unit is not specified in the employment contract), this will be a transfer. In this case, the employee’s consent is not requested, only a relocation order is issued.

If an employee is transferred from a structural unit specified in his employment contract to another, his consent should be sought, additional agreement to the employment contract, issue a transfer order and make an entry in the work book.

In the case of a transfer of an employee from one sectoral body (administration, department) of the administration to another, despite the fact that sectoral bodies are structural divisions of the administration, this will be a transfer to another employer. The fact is that these divisions are different legal entities and the employee will have to terminate the previous employment contract with one representative of the employer (employer) and enter into a new one with another. Here you need to be guided Part 2 Art. 72.1 Labor Code of the Russian Federation, according to which such a transfer is carried out on the basis of a written request of the employee or with his written consent. The employee can express his request in a resignation letter. In this case, the decision on the transfer is made by the representative of the employer (employer) - if he agrees, the employment contract is terminated and, on the basis of the order, the following entry is made in the work book: “The employment contract is terminated due to the transfer of the employee, with his consent, to work for another employer, paragraph 5 part one of article 77 of the Labor Code of the Russian Federation.”

For your information

When a municipal employee is transferred to a new place of municipal service, his personal file is transferred to the new place of service 4.

The employer's obligation to transfer the employee

The Labor Code establishes cases when an employer is obliged to offer an employee a transfer to another available job. Let us consider the reasons for such a translation.

1. Medical report on the employee’s health. By virtue of Art. 73 Labor Code of the Russian Federation An employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another available job that is not contraindicated for the employee due to health reasons. If he needs a temporary transfer 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 place of work (position), and if a transfer for a period of time is required more than four months or permanent, then if the employee refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated by clause 8, part 1, art. 77 Labor Code of the Russian Federation.

For your information

For the purpose of early detection of diseases, including those that prevent entry into municipal service and its passage, employees in accordance with the procedure established By Order of the Ministry of Health and Social Development of the Russian Federation dated December 14, 2009 No. 984n 5, undergo annual medical examination. Based on the results of the survey medical institution at the place of observation of the employee, issues him a conclusion about the presence (absence) of a disease that prevents him from entering or completing municipal service. The list of diseases and the form of conclusion are established by this procedure. If an employee has been diagnosed with a disease that prevents him from performing service, a copy of the conclusion is sent to the place of service within 10 days.

2. Changes in organizational or technological working conditions. If, in the event of a structural reorganization of the organization or for other reasons, the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. The employee must be notified of such changes no later than two months in advance. If he does not agree to work under the new conditions, the employer is obliged to offer him a transfer ( Part 3 Art. 74 Labor Code of the Russian Federation).

3. Reinstatement of a person who previously performed this work, by decision state inspection labor or court ( clause 2, part 1, art. 83 Labor Code of the Russian Federation).

4. Disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract ( clause 8, part 1, art. 83). Note that clause 4, part 1, art. 19 Law no.  25-FZ a special basis is provided for termination of an employment contract at the initiative of the employer - the application of administrative punishment in the form of disqualification. Wherein Law no.  25-FZ There is no provision for transferring an employee to another job if he is disqualified. This issue has not been resolved, and we believe that if a municipal employee has been disqualified, the employer must offer him another job, but no longer related to the municipal service, and if the transfer is impossible or the employee does not agree, he should be dismissed on the basis clause 4, part 1, art. 19 Law no.  25-FZ.

5. Termination of access to state secrets if the work performed requires such access ( clause 10, part 1, art. 83 Labor Code of the Russian Federation).

6. Conclusion of an employment contract in violation of the established Labor Code of the Russian Federation, otherwise federal law restrictions on certain activities labor activity. If a violation of these rules is due to the fault of the employee, then the employer is not obliged to offer him another job ( Part 1 Art. 84 Labor Code of the Russian Federation). Similar grounds for dismissal are provided clause 3, part 1, art. 19 Law no.  25-FZ, according to which the employer’s representative can terminate the employment contract in case of non-compliance with the restrictions and prohibitions related to municipal service and established Art. 13, 14 , 14.1 And 15 Law no.  25-FZ.Article13 Law no.  25-FZ restrictions related to municipal service have been established, Art. 14- prohibitions related to municipal service, Art. 14.1 regulates conflicts of interest in municipal service, Art. 15- presentation of information on income, property and property-related obligations of a municipal employee. Based on the foregoing, we can conclude that if, after concluding an employment contract with a municipal employee, circumstances were discovered that prevented the person from occupying a municipal position and established

Art. 14, 14.1 ,15 Law no.  25-FZ that have arisen through no fault of the employee, the employer’s representative must offer him a transfer to a position not related to the municipal one, and if it is impossible or the employee refuses the transfer, dismiss him according to clause 5, part 1, art. 84 Labor Code of the Russian Federation. If non-compliance with the restrictions and prohibitions associated with the municipal service occurred after entering the municipal service, the employee is not offered a transfer and he may be dismissed for clause 3, part 1, art. 19 Law no.  25-FZ.

7. Reduction in the number of employees ( Part 3 Art. 81 Labor Code of the Russian Federation). In all of the above cases, with the exception of transfer for medical reasons, the employer is obliged to offer the employee in writing both vacant positions or work corresponding to his qualifications, and vacant lower positions or lower-paid work that the employee can perform taking into account his state of health. In the absence of the specified work or refusal of the proposed work, the employment contract is terminated on appropriate grounds.

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By virtue of Law no.  25-FZ A citizen’s entry into the municipal service to fill a municipal service position or the replacement by a municipal employee of another municipal service position may be carried out based on the results of a competition. Many municipal acts establish that when transferring municipal employees to another job related to the implementation of organizational and staffing measures in local government bodies in connection with their liquidation or abolition, reduction in the number or staff of employees, changes in structure or staffing, for health reasons in accordance With a medical certificate, the competition is not held.

In conclusion, let’s say a few words about the paperwork when transferring a municipal employee. The transfer order is drawn up according to the unified form T-5 (T-5a), approved Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No.  1 “About approval unified forms primary accounting documentation for labor accounting and payment» . As for other documents (notifications, agreements), they are drawn up in any form. When compiling them, certain requirements must be met. Please note that each region develops its own instructions for office work. In order to improve work with documents and ensure a unified approach to organizing office work and document flow in executive authorities, such instructions are being developed on the basis standard instructions on office work in federal executive authorities. Thus, in local governments Nizhny Novgorod region The Instruction on office work in the executive authorities of the Nizhny Novgorod region and their structural divisions is applied, approved by Decree of the Government of the Nizhny Novgorod region dated October 12, 2011 No. 828. In addition, in order to improve work with documents, ensure a unified approach to the organization of office work and document flow in the sectoral structural divisions of the administration subjects of the Russian Federation are developing their own instructions. So, in accordance with GOST R 6.30-2003"Unified system of organizational and administrative documentation" by order of the administration

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