How often can a temporary transfer be issued? Temporary transfer within the organization at the initiative of the employer. Maximum period of temporary transfer to another job

Sometimes an employee has to be transferred to another job for some time. Such a need can be caused by a number of reasons - medical indications, production needs, etc. However, not everything is so simple with the transfer procedure. For example, some people confuse a transfer with a transfer and do not formalize it properly or underpay wages when transferring to a lower-paid position. You will learn in what cases temporary transfers are possible, how to distinguish them from transfers, in what amount to pay the temporarily transferred employee and how to document all this by reading the article.

Instead of a preface

Please note that a change in a structural unit will be considered a transfer only if its name was fixed in the employment contract (for example, in the form of the phrase “The employee is hired as an accountant in the financial and economic department”).

Since today we are considering temporary transfers, it is worth noting that they can be carried out either with or without the employee’s consent.

Temporary transfer with the consent of the employee

And first of all, let's talk about the timing of such a transfer. A temporary transfer to another job with the same employer is possible 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.

Note that due to Part 4 Art. 72.1 Labor Code of the Russian Federation It is prohibited to transfer or relocate an employee to work that is contraindicated for him due to health reasons. That is, if there are no medical contraindications and the employee agrees, then he can be temporarily transferred to work even with harmful or dangerous conditions labor.

When concluding a transfer agreement, fix in it the basis for the transfer, its duration, the employee’s new responsibilities, as well as other conditions that differ from those established by the employment contract.

Let's talk separately about the wording of the transfer deadline. If a temporary transfer is carried out to a vacant position, you can determine a specific end date for the transfer, and if to replace a temporarily absent employee, it is better to indicate the condition upon the occurrence of which the employee returns to his position. workplace, because an absent employee may return to work later (for example, when extending vacation or sick leave). For the latter case, the wording may be as follows: “This additional agreement is valid until the date of the leading specialist E. D. Gulkina’s return to work from maternity leave.”

Based on the agreement signed by the parties, an order for transfer is issued according to unified form T-5 1] (T-5a). It is important to indicate in the “Type of transfer” line that the transfer is temporary. The employee must be familiarized with such an order against signature.

The next step in registering a temporary transfer will be to make an entry about it in section. III personal card “Hiring and transfers to another job” (form T-2 or T-2 GS (MS)).

But in work book no record of temporary transfer is made. This rule has been established Part 4 Art. 66 Labor Code of the Russian Federation And clause 4 of the Rules for maintaining and storing work books, according to which only entries about permanent transfers are made in the work book.

note

If an employee is transferred to another job or position, he must be familiarized with job description and other local regulations, relevant to the performance of this work. In addition, you may need to conduct safety training or enter into a liability agreement.

Note that the employer should control the end of the temporary transfer, since due to Part 1 Art. 72.2 Labor Code of the Russian Federation, 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 on the temporary nature of the transfer loses force and the transfer is considered permanent. In this regard, the question arises: is it necessary to somehow formalize the provision of the previous job? Labor legislation does not contain requirements for processing the return of an employee. In the meantime, we recommend doing this. Usually, for this purpose, an order (instruction) is issued to terminate the performance of duties in a temporary position and return to the performance of duties in the main position. He might look like this.

State autonomous institution Arkhangelsk region

"Sports Training Center"

Arkhangelsk

Due to the expiration of the temporary transfer period by agreement of the parties

I ORDER:

1. Olga Viktorovna Pshenitsyna, who temporarily, by agreement of the parties dated 04/04/2014 No. 2, held the position of deputy head of the sports teams support department, to begin work stipulated by the employment contract dated 06/12/2010 No. 10-06, as the chief specialist of the sports teams support department teams, since August 21, 2014

2. The accounting department shall accrue O. V. Pshenitsyna’s wages in accordance with the staffing schedule for the position of chief specialist in the department for supporting sports teams.

Director Zlakov I. I. Zlakov

I have read the order. Pshenitsyna, 08/20/2014

It may happen that the main employee quits or the temporarily filled position is completely vacant, and the management of the organization, and himself temporary worker I don’t mind making a temporary transfer permanent. In this case, it is necessary to conclude another additional agreement, indicating in it that the temporary transfer made under the agreement from such and such a date is considered permanent. Based on the agreement signed by the parties, it is necessary to issue an order in any form, which also stipulates that the condition on the transfer period has become invalid.

Note that there is a nuance in this situation. When transforming a temporary transfer into a permanent one, it is necessary to make an entry in the work book. Moreover, the date of transfer will be considered the first day of the temporary transfer.

Example

By agreement of the parties, from February 3, 2014, the employee of the State Budgetary Institution was transferred to the position of foreman of the road maintenance section for six months. After given period the parties signed an agreement that the transfer is considered permanent. How to make an entry in the work book?

*
Temporary transfer order.

**
An order to invalidate the condition on the temporary nature of the transfer.

Please note that if an employee does not start work according to employment contract, that is, wants to continue working in accordance with the order of temporary transfer, the employer has the right to take measures against him disciplinary liability: reprimand, reprimand, dismissal on appropriate grounds, for example, for absenteeism - pp. “a” clause 6, part 1, art. 81 Labor Code of the Russian Federation.

Temporary transfer without employee consent

• natural or man-made disasters;
• industrial accident or accident at work;
• fire, flood, famine, earthquake, epidemic or epizootic;
• any exceptional cases threatening the life or normal living conditions of the entire population or part of it.

Transfer of an employee without his consent to work not stipulated by the employment contract with the same employer is also permitted in the following cases:

• 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.

Plenum of the RF Armed Forces in Resolution No. 2 noted that if, when transferring to another job in case of downtime, the need
to prevent destruction or damage to property or to replace a temporarily absent employee, the employee will be required to perform work of a lower qualification, then such a transfer will take effect Part 3 Art. 72.2 Labor Code of the Russian Federation is possible only with the written consent of the employee.

The Labor Code does not limit the number of such transfers of an employee during a calendar year, since in these cases unforeseen and urgent work is performed. But if, due to emergency circumstances, it becomes necessary to transfer an employee for a period of more than one month, the transfer is still possible only with the consent of the employee.

We emphasize: if the employer cannot prove the existence of circumstances with which the law connects the possibility of a transfer without the employee’s consent, such a transfer will be considered illegal ( clause 17 of Resolution No. 2 ). Thus, T. has worked as a cardiovascular surgeon at the Pskov Regional Hospital since 1999. By order of the chief physician, he was temporarily transferred without his consent to the clinic of the regional hospital to the position of cardiovascular surgeon, citing the need to replace vacant position and in order to prevent threats to the life and health of the population. Believing the employer’s decision to be illegal, T. refused to perform his duties at the clinic, for which he was subjected to disciplinary action in the form of a reprimand. The court declared illegal both the order to impose a disciplinary sanction and the order of temporary transfer. The State Budgetary Institution of Health did not provide evidence of the existence of extraordinary circumstances that necessitated the temporary transfer of the employee without his consent to a job not stipulated by the employment contract. The translation was carried out under the pretext of production necessity in the absence of exceptional cases indicating the real need for such a translation, and therefore the specified translation is illegal (Appeal ruling of the Pskov Regional Court dated October 2, 2012 in case No. 33-1580).

note

Refusal to perform work during a transfer in case of emergency, carried out in compliance with the law, is recognized as a violation labor discipline, and absenteeism is truancy ( clause 19 of Resolution No. 2 ). It should be taken into account that, due to para. 5 hours 1 tbsp. 219, part 7 art. 220 Labor Code of the Russian Federation an employee cannot be subject to disciplinary action for refusing to perform work in the event of a danger to his life and health due to violation of labor protection requirements, except for the cases provided for federal laws, until such danger is eliminated or from performing heavy work and work with harmful and (or) dangerous working conditions not provided for by the employment contract. Since the Labor Code of the Russian Federation does not contain rules prohibiting an employee from exercising this right even when the performance of such work is caused by a transfer on the grounds specified in Art. 72.2 Labor Code of the Russian Federation, the employee’s refusal to temporarily transfer to another job for the above reasons is justified.

A temporary transfer without the employee’s consent must also be formalized. To do this, a transfer order is issued indicating the reasons (catastrophe, industrial accident, etc.). And of course, it is better to support such an order with relevant documents, otherwise the employee may refuse the transfer.

Translation or relocation?

Before moving, carefully check the terms of the employment contract - whether it indicates the workplace, structural unit, and whether the employee’s job function will change. Otherwise it can't be avoided labor disputes. Thus, G., working at the State Unitary Enterprise as a senior accountant, was transferred to the position of accountant. The PMU believed that these positions had similar job functions. Considering the dispute about declaring the transfer order illegal, the court noted: from the employer’s order it follows that in fact there was not a transfer, but a transfer of G. to another position, which entailed a change in the employee’s labor function. These actions were carried out without the consent of G., therefore, the order to move is illegal ( Appeal ruling of the Yaroslavl Regional Court dated April 25, 2013 in case No. 33-2536/2013).

Remuneration for temporary transfer

For transfers made without the employee’s consent (in the cases mentioned in part 2, 3 tbsp. 72.2 Labor Code of the Russian Federation), wages are paid according to the work performed, but not lower than the average earnings for the previous job. That is, if the employee’s wages for the work performed are lower than his previous average earnings, then he is paid the previous average earnings, determined in accordance with the established procedure.

Well, if wages are new job exceeds the average salary of the employee, then he is given an additional payment up to his salary for the new job. Thus, the demands for recovery of lost wages were satisfied by the court: during the period of temporary transfer to another position, the plaintiff performed the duties of an employee of a higher position, therefore, the difference in salary is subject to recovery in his favor ( Ruling of the Perm Regional Court dated September 25, 2013 in case No. 33‑8092).

When a temporary transfer is carried out by agreement of the parties, wages are also determined by agreement of the parties, however, usually when transferring the employee, the salary of the new position is set. If he is transferred to a less qualified job, the parties can agree to maintain the previous salary or to assign an additional payment up to the previous salary.

Temporary transfer for medical reasons

For your information

A medical report is issued in the manner established by Order of the Ministry of Health and Social Development of the Russian Federation dated May 2, 2012 No. 441 “On approval of the Procedure for issuing medical organizations certificates and medical reports." A certificate of temporary incapacity for work is not considered a medical report.

When receiving a medical report from an employee, first of all you need to pay attention to the transfer period indicated in the certificate, since the employer’s further actions depend on this.

If an employee is indicated for a temporary transfer to another job for a period of up to four months, the employer must offer him another job that is suitable for health reasons. In the absence of such or the employee’s refusal, the employer is obliged to suspend him from work while maintaining his place of work (position) for the entire period specified in the medical report. To do this, the employer issues an order in any form. The order should indicate the period for which the employee is suspended; if the period is still not specified, upon admission to work, an order should be issued on the employee’s admission.

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 by clause 8, part 1, art. 77 Labor Code of the Russian Federation- the employee’s refusal to transfer to another job, necessary for him in accordance with the medical certificate issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work. Upon dismissal due to this basis the employee is paid severance pay in the amount of two weeks' average earnings ( Part 3 Art. 178 Labor Code of the Russian Federation).

For your information

According to Art. 254 Labor Code of the Russian Federation pregnant women, in accordance with a medical report and at their request, are transferred to another job that excludes exposure to adverse production factors, while maintaining the average earnings from the previous job. Before being given another job, a pregnant woman is subject to release from work with the preservation of average earnings for all working days missed as a result at the expense of the employer. A similar guarantee is provided for women with children under the age of one and a half years.

Temporary transfer of an athlete

During the period of temporary transfer of the athlete to another employer, the validity of the initially concluded employment contract is suspended, but the validity period is not interrupted.

note

If an athlete, during a temporary transfer to another employer, wants to work part-time, permission for such work must be obtained both from the employer at the place of temporary work and from the employer with whom the employment contract was originally concluded ( part 2Art. 348.7 Labor Code of the Russian Federation).

In case of early termination of an employment contract concluded for the period of temporary transfer of an athlete to another employer, on any of the grounds provided for by the Labor Code of the Russian Federation, the initially concluded employment contract is valid in full from the next working day after the calendar date with which the termination of the employment contract concluded on period of temporary transfer.

If, after the expiration of the temporary transfer to another employer, the athlete continues to work for the employer at the place of temporary work and neither the athlete, nor the employer at the place of temporary work, nor the employer with whom the employment contract was originally concluded, demand termination of the employment contract concluded for the period of the temporary transfer , and renewal of the initially concluded employment contract, then the latter is terminated and the validity of the employment contract concluded for the period of temporary transfer is extended for a period determined by agreement of the parties, and in the absence of such an agreement - for an indefinite period.

Finally

As you can see, there are plenty of types of temporary transfer and each has its own characteristics. Let us outline the main points again. Firstly, temporary transfers are carried out only within the organization (with the exception of athletes). Secondly, such a transfer is carried out with the consent of the employee. But the Labor Code of the Russian Federation establishes exceptions: the employer can make a temporary transfer for a period of up to one month in the event of preventing emergencies and disasters or eliminating their consequences. And thirdly, the remuneration of workers temporarily transferred without their consent cannot be lower than the average earnings for their previous job.

Approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and payment.”

The first question arose regarding the timing of payment wages in connection with Federal Law No. 272-FZ dated July 3, 2016, which comes into force on October 3, 2016. Our deadlines for paying wages are set by internal rules. labor regulations(PVTR) 15th and 30th of every month. If we determine a new deadline for paying wages for the second half of the month (final payment) - the 13th day of the month following the reporting month, then what date should we have for paying wages for the first half of the month? 2. Is it possible to set a fixed amount for the salary amount for the first half of the month (advance)? For example, a clock tariff rate 6th category - 100 rubles. The size of the fixed amount for the fully worked first half of the month is determined as follows: 100 rubles * 168 hours = 16,800 rubles / 2 = 8,400 rubles.3. An employee under an employment contract is hired as a mechanic of the 6th category with a 40-hour working week. There was a need to temporarily, during the employee’s vacation, transfer him to shift work and change the terms of remuneration, transfer him to the 5th grade. In this case, wages will be paid according to the work performed, but below the average earnings at the main place of work. Is it possible to do without an additional conclusion? agreement to the employment contract, but to issue an order with the written consent of the employee. Since such situations can be repeated often, is it possible to make an additional agreement to the employment contract and state the following: “in the case of a temporary transfer to a lower-paid job, wages should be paid according to the work performed, but below the average salary at the main place of work.” We are waiting for an answer.

Answer

Answer to the question:

According to the general rule established by Article 72.2 of the Labor Code of the Russian Federation, the temporary transfer of an employee to another job is carried out by agreement of the parties, concluded in writing.

During a temporary transfer, the terms of the employment contract change (temporarily): labor function, work schedule. Therefore, to formalize a temporary transfer, it is necessary to draw up and sign an additional agreement to the employment contract. The additional agreement should also reflect the term of the transfer.

A single order for temporary transfer in such a situation will not be enough.

An additional agreement to the employment contract will be required each time an employee is temporarily transferred to another position. Drawing up a single (universal) additional agreement in this situation is impossible, since labor legislation requires obtaining a written agreement from the employee upon temporary transfer, i.e. in each case of temporary transfer.

Details in the materials of the Personnel System:

Situation 1. How to arrange a temporary transfer of an employee to another job

Types of temporary transfers

The temporary transfer is . Among the temporary transfers we can roughly highlight:

In addition, () has its own characteristics.

Temporary transfer by written agreement

Record of temporary transfer

Do not make an entry about the temporary transfer in the work book, but do not make it (Rules, approved, instructions, approved).

If temporary work is of a special nature and is important for confirming the employee’s preferential length of service, for example, temporary work as a doctor, then such work experience can be confirmed with a certificate from the employer about the performance of the relevant work, an additional agreement to the employment contract on temporary transfer, etc.

The courts take a similar position. See, for example,.

Termination of temporary transfer

After the end of the transfer period, it is advisable to issue an order to provide the employee with the previous job, since 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, the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (). Such an order does not have a unified form, so draw it up in .

If the condition of the agreement on the temporary nature of the transfer has lost force and the transfer is considered permanent, then to document this situation it is recommended to draw up a new agreement between the employee and the employer regarding the change in the nature of the transfer and issue a corresponding document. Among other things, you will need to make records of the permanent transfer to and employee (approved).

It should be taken into account that if, upon completion, it is impossible to provide him with his previous job, then he must be ().

Ivan Shklovets,

Deputy Head Federal service on labor and employment

Situation 2. Temporary transfer of an employee. Three golden rules of design

Evgeniya Koroleva, deputy general director By legal issues legal? "Alternative Solution" company

If, after the expiration of the temporary transfer, the employee continues to work at another job for at least a day, this will give him the right to demand that the transfer be recognized as permanent. Therefore, it is important to record in writing the provision of previous work. To do this, you need to issue an order.

But first things first. 99% of transfers require the employee's consent. Wording in documents about production needs, important tasks and urgent measures will not correct the situation. They play in favor of the workers. With such reasons it is quite easy to challenge a temporary transfer. Employers also make mistakes in additional agreements. It specifies the new position, salary and other changing conditions. But they intentionally or accidentally forget about the deadline for the translation. Or they indicate a completion date when this is not necessary. We are talking about replacing maternity workers. Here it is better to limit ourselves to a reference to the event - the main employee going to work. After all, if it appears earlier, the employer will be left with two employees in one position. It is not a fact that the employee will challenge the return to his previous position, but he can divert the employer’s resources to the process.

Rule 1: for a transfer due to production needs, the employee’s consent is required

Temporary transfers to another job are used for different purposes. For example, to replace a key employee who has gone on long annual, educational or parental leave. This absence can last up to 3 years. A temporary transfer is also suitable for filling a vacant position. At least until hiring a permanent specialist.

A temporary transfer is convenient as a test for an employee in a new promising position. This is usually how potential managers at different levels are tested. After all, the test is established only when hiring (). A transfer for a certain period will allow you to achieve a similar result, but with long-term employees.

The general rule is: temporary transfer is possible by agreement of the parties. It is concluded in writing (). Moreover, the employee’s consent is required for any type of transfer (permanent, temporary). Basis - art. 72.1 Labor Code of the Russian Federation.

The initiators of temporary transfers are employees and their managers. Prepare the submission in the form of a statement or memo. They are not required, but will be useful in companies with well-functioning document flow. Moreover, the decision to transfer may require approval. An employee’s desire to move to another position does not always coincide with the manager’s plans.

A temporary transfer is not necessarily associated with a promotion. Demotion will also be legal. For example, if a woman wants to work according to the schedule that is used in a lower-paid position.

In this case, it is advisable to play it safe and take a statement from her. There is only one requirement for its content - the clear intention of the employee to move to another job on her own initiative. Such a statement will exclude accusations of coercion against the employer. It is drawn up in addition to the agreement, which specifies the details of the temporary transfer.

Despite the existing rule, sometimes a temporary transfer is issued without the employee’s consent. The employer issues an order because it considers the reason for such a decision to be compelling and significant. The most common reasons are production necessity and business interruption.

But by doing so, the employer actually signs for violating the law. The court will be on the employee's side. This is confirmed by the appellate rulings. The company also faces a fine from the GIT inspector ().

Moreover, you cannot fire an employee who disagrees with the transfer for absenteeism. Additional costs for its restoration by the company are guaranteed ().

Rule 2: the transfer ends with the provision of the previous job, and not with dismissal

A temporary transfer entails a change in the terms of the employment contract: position, remuneration, and possibly work hours. These nuances are recorded in the additional agreement. It also sets the validity period of the transfer. If the employee is replacing a colleague, the transfer will be completed after he returns to work.

In other cases, a specific date is indicated. A year is the maximum allowed by Art. 72.2 Labor Code of the Russian Federation. In other words, the employer can close a free rate for a month, quarter, half-year or year, for example, from 01/01/2016 to 12/31/2016. An agreement without an end date is considered by the courts to be one of the shortcomings that allows a temporary transfer to be declared illegal ().

If the manager is not confident in the newcomer, then it is better to make the transfer period as short as possible. Then you won’t have to negotiate with him to reduce this period. It will not be possible to cancel the transfer by order, as is allowed when combining professions ().

An order is issued based on the additional agreement. A form developed by the company will do. Information from it is transferred to a personal card; that's the picture labor activity the employee will be full. But there is no need to enter information from the order into the work book. It is intended only for permanent transfers (Rules, approved).

Some employers, when arranging a temporary transfer, expect to part with the replacement employee after the transfer ends. The fact that they initially signed an open-ended employment contract with him is being circumvented this way. In the additional agreement, in addition to other conditions, the following phrase is written: “This agreement is concluded for a certain period and is valid until the departure of the main employee, M.I. Ivanova.” After this event, the replacement employee is fired under Part 1 of Art. 77 of the Labor Code of the Russian Federation (expiration).

How to temporarily transfer an employee to another position

It would seem that the problem has been resolved, since the parties agreed to change the employment contract in terms of its validity period. In addition, the employee signed the agreement voluntarily. But this is a mistake.

Such decisions indicate one thing - the temporary nature of work should be agreed upon with employees upon hiring, and not during the work process.

Interest Ask

How is translation different from displacement?

The employee's consent is almost always required for a transfer. It is not required when moving ().

Transfer is characterized by a change in labor function. Let's assume the driver becomes warehouse manager (). When moving, the unit and cabinet change, but the functionality remains the same ().

For example, a secretary moves from the chief accountant's reception room to the director's reception room. But her duties—receiving phone calls, writing letters, greeting visitors—will remain unchanged.

A transfer affects the terms of the employment contract, but a relocation does not. Thus, an employee will not be able to challenge the replacement of a car with a different brand or carrying capacity if these criteria were not specified in the contract (appeal determinations).

Rule 3: return to the previous place must be formalized by order

Let us remind you that the period of temporary transfer is limited by the date or departure of the main employee. Moreover, he can also return after a temporary transfer. A chain of transfers is used when several workers go on maternity leave at once. Then more experienced ones are appointed to higher positions. The remaining positions are occupied by less qualified personnel.

At the end of the temporary transfer of an employee, the employer is faced with the following situations.

The employee returns to his previous duties. In most cases, returning to your original position goes without problems. It is enough for the former or current manager to talk with the employee. From the date he begins his regular duties, he begins to be reported in his old department. At the place of temporary transfer, the timesheet is interrupted by the previous day.

The employee refuses to return to his previous position. Sometimes temporary work turns out to be more attractive than standard duties. For example, by working hours, pay or location of the workplace. And then the employee can declare that the temporary transfer has become permanent. The main argument is that the employer did not provide the previous job, and he continues to work under new conditions ().

If the employee goes to court, the employer will have to prove otherwise. That is, to confirm the fact that the employee has returned to his previously held position. Timesheets, work plans and correspondence, as well as witness statements, will help with this.

Such manipulations will be nullified by an order to complete the temporary transfer. Moreover, it is advisable to publish it regardless of whether the employee is loyal or not. A unified form is suitable for the order. It includes the full name of the employee, the date of provision of the previous place of work and the position to which he is returning.

It is better to issue the order a couple of days before the end of the transfer. At worst, the day before. After all, conflicts arise even because of one day of delay. If the employee does not want to sign the order, then a refusal act is drawn up. After fixing the provision of the previous job, it will become easier for the employer to refute any claims against him (). This also applies to inspections based on complaints to the State Tax Inspectorate.

The parties agree on a permanent transfer. Not all temporary transfers cause conflicts. Employees who have proven themselves with the best side, remain in their new position permanently. Formally, the parties do not need to do anything for this (). The employee continues to work in the new place. The employer does not provide him with his previous position. In other words, the transformation of a temporary transfer into a permanent one occurs by itself.

But you still have to fill out the documents. It is necessary to sign an agreement that excludes from the employment contract the term for the transfer (). An order is also issued. Firstly, it will be useful for filling out a work book. Secondly, to inform interested parties (accounting, timekeeper, etc.) about a change in the employee’s status.

What the entry in the work book should look like is not stated in the approved Instructions. You can do it like this. After the serial number, in column 2 indicate the start date of the temporary transfer. Column 3 reflects the position and division that have become permanent. Column 4 is reserved for details. It is advisable to reflect two orders in it: about the transfer and that the transfer has become permanent.

By the way

A transfer without the employee’s consent is only possible due to an accident, fire, or flood.

There are 4 emergency situations when the employer has the right to transfer an employee to another position without his consent. But three of them have significant limitations.

Natural and man-made disasters can cause harm a large number citizens. Then workers participate in preventing accidents, fires, floods or eliminating their consequences. In this case, the transfer (even to a lower position) without the employee’s consent will be legal. It can last a whole month ().

There are also temporary transfers during downtime, to replace an absent colleague and prevent destruction or damage to property (). But the employee’s consent is not asked only when these events are caused by disasters. Thus, downtime due to a burnt workshop allows carpenters to move from making furniture to restoring it. But it is no longer possible to direct them to clean up the territory. Temporary transfer with a reduction in qualifications requires written consent ().

So, the list of situations for temporary transfer without the employee’s consent is very limited and is not suitable for ordinary work situations.

With respect and best wishes comfortable work, Elena Karsetskaya,

Prohibited documents in the personnel service
Inspectors from GIT and Roskomnadzor told us what documents should now under no circumstances be required of newcomers when applying for employment. Surely you have some papers from this list. We have compiled a complete list and selected a safe replacement for each prohibited document.

In any organization, whether large or small, there may be a need to temporarily transfer an employee to another job. How to properly formalize a transfer, in which cases the employee’s consent is required, in which it is not, what are the various consequences of incorrect translation and execution - we will look into this article.

Temporary transfer of an employee to another job should not be confused with part-time and part-time work. Let's first consider the difference between temporary transfer, part-time and part-time.

Part-time job

The concept of “part-time work” is contained in Art. 282 Labor Code of the Russian Federation. Part-time work is the performance by an employee of other paid work in his free time, and the number of such part-time jobs is not limited, the main thing is not to the detriment of the main job. Part-time work is reflected in the employment contract indicating that it is not the main one. There are two types of part-time work:

• internal part-time work is working for the same employer, in the same organization;
• external part-time work is working for other employers, in other organizations.

Combination

The concept of “combination” is contained in Art. 60.2 Labor Code of the Russian Federation. Combination is the performance by an employee of a larger amount of work, for example, fulfilling the duties of an absent employee. At the same time, the employee is not released from his main job and works part-time not in his free time, but during the main working hours. In other words, the employee is under a lot of workload. At the same time, the employee can perform additional work in both one and another profession. When combining, it is not necessary to conclude a new employment contract, unlike part-time work.

Temporary transfer to another job

Temporary transfer of an employee to another job occurs by agreement of the parties, concluded in writing. The concept of temporary transfer is contained in Art. 72.2 Labor Code of the Russian Federation. An employee may be temporarily transferred to another job with the same employer for a period of up to one year. A situation may arise that a transfer is required during the absence of another employee and its duration does not fit into one year, then the deadline will be set with the wording “until the main employee returns to work.”

If, after the expiration of the temporary transfer period, the employee does not demand to be returned to his previous job, the “old” job is not provided by the employer and the employee continues to work, then the transfer is automatically considered permanent.

That is, in contrast to part-time and part-time work, with a temporary transfer there is no additional burden beyond the main job (neither from your employer nor from another), it does not bring additional income to the employee and, accordingly, is often simply not interesting to him.

Let's consider three cases of temporary transfer: by agreement with the employer, by production necessity and forced transfer.

Temporary transfer by agreement of the parties

Temporary transfer by agreement of the parties is probably the simplest transfer. It seems like nothing complicated, but the employer needs to pay attention to the correct execution of such a transfer.

Let's consider a situation where the main employee either got sick, or went on a business trip for a couple of months, or went on a long vacation, or on a regular vacation, and there was a need to replace such an employee. Here it is possible to temporarily transfer an employee to an absentee position, since, for example, there are urgent unfinished issues, production will stop without signing any documents, or the employee has quit altogether, and while a replacement is found, certain work needs to be done.

Unlike part-time work, the temporary transfer of an employee is not displayed in the work book; everything happens solely by agreement of the parties. Although, on the other hand, it is necessary to display the temporary transfer in personnel documents, namely in the employee’s personal card in form T-2 (clause 4 of the Rules for maintaining and storing work books, approved by Government Decree Russian Federation dated April 16, 2003 No. 225).

Before transferring a temporary employee to another job, you must inform him about this. For what period is not established by law, so there is no need to wait certain days or weeks. Such a message (notification) can be either in writing or orally, the main thing is to obtain the employee’s consent that he is not against it.

After obtaining consent, an additional agreement to the employment contract is concluded between the employer and the employee, in which it is necessary to indicate the basis for the transfer, for how long the transfer is carried out, the level of wages, if it is subject to change, work time, if it is different from the present one. The level of wages is also not determined by law and remains at the discretion of the employer and employee, i.e. by agreement.

It is advisable to clearly indicate the time of temporary transfer in such an additional agreement. For example, if this is a business trip for another employee or a production need, you can specify a certain date by which the transfer will be made; if before a certain event, this event is indicated, for example, an employee returning from vacation, accepting a new employee for this position, etc.

After completing the additional agreement, the manager issues an order for the temporary transfer of the employee in form No. T-5 or T-5a (these forms are approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). In such an order, the employer should indicate the reasons for the temporary transfer, the work performed, the period and wages.

The employer should not forget that this order, like others, must be familiarized to the employee against signature. This familiarization and signing of the order by the employee will constitute the official receipt of his consent to the temporary transfer.

Employers should also take note of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, which clearly states that an employee can be temporarily transferred to another job only with the same employer with whom he is affiliated labor relations, and work should not be contraindicated for health reasons. It is also stipulated that 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 3 of Art. 72.2 of the Labor Code of the Russian Federation is possible only with the written consent of the employee (clause 18 of this Resolution).

An error would also be the action of the employer if, for example, an employee was temporarily transferred to another job and then fired because the employer took another employee to take his previous place. Do not forget that during a temporary transfer, the employee retains his job and he can safely return after the agreed period. This situation was considered by the Constitutional Court of the Russian Federation, and this conclusion is contained in the Determination of the Constitutional Court of the Russian Federation dated December 24, 2013 No. 1912-O: “The court explained that Art. 72.2 of the Labor Code of the Russian Federation provides for cases of temporary transfer to another job, and by written agreement of the parties, an employee can replace a temporarily absent employee, who, in accordance with the law, retains his place of work until this employee returns to work. At the end of the transfer period, the employee is guaranteed the provision of the previous job, but if the employee is not provided with the previous job, 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. Such regulation also cannot be considered as violating the constitutional rights of citizens.”

Temporary transfer due to production needs

The concept of temporary transfer in case of production necessity is also contained in Art. 72.2 Labor Code of the Russian Federation. Two cases are considered:

• 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, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer to prevent these cases or eliminate their consequences;
• 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 also permitted 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 temporary replacement 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.

It is also clarified that temporary transfer to a job requiring lower qualifications is permitted only with the written consent of the employee. And also in case of temporary transfers on the above grounds, the level of wages is determined according to the work performed, but not lower than the average earnings for the previous job.

When making such a transfer in the event of a production necessity, the employer should take into account that if disputes arise with employees, he will be required to prove the existence of circumstances that led to a temporary transfer due to these circumstances. This is directly stated in paragraph 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

Consider, for example, the following situation: some kind of disaster (accident) occurred at work, the employer issued an order for the temporary transfer of workers to eliminate the consequences of the disaster (accident) and did not indicate the reason for the transfer, and the employee did not agree to transfer, even temporarily, to work to eliminate a disaster (accident). Subsequently, due to the fact that the employee refused to temporarily transfer to another job, the employer fired him. Is it legal in this situation to dismiss an employee because of his refusal to temporarily transfer?

To resolve this issue, let us turn to the Determination of the Kemerovo Regional Court dated February 29, 2012 No. 33-1817: “...When considering the case, the court came to the conclusion that the employer had grounds for transferring the employee, that is, circumstances that jeopardize life and normal living conditions population or part thereof. The court included the deformation of the support, which can lead to rock collapse and death, as well as the piling of the conveyor belt, which can lead to smoke, fire and fire, as such circumstances.

However, when considering the case, the defendant (employer) did not provide evidence of the existence of extraordinary circumstances that necessitated the temporary transfer of the employee without consent to work not stipulated by the employment contract.

About the presence of any emergency circumstances that allow the transfer of workers in accordance with Part 2 of Art. 72.2 of the Labor Code of the Russian Federation, not mentioned in the order.

In addition, such involvement of an employee in work by the employer was not properly formalized, since the order applies to miners, and he worked as a mining machine operator, and therefore an order must be issued in form No. T-5 indicating the reason for his transfer. In this case, the basis for the transfer is of fundamental importance; the order must be supported by relevant documents, otherwise the employee may refuse the transfer.

Russian legislation does not establish an employee’s obligation to be at the workplace in the event of an illegal transfer. Under such circumstances, his refusal to transfer illegally could not be considered a violation of labor discipline, and therefore imposing a disciplinary sanction in the form of dismissal on him was illegal.

In paragraph 40 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation Labor Code Russian Federation" it is prescribed that when considering the case of reinstatement at work of a person transferred to another job and dismissed for absenteeism due to refusal to start work, the employer is obliged to provide evidence indicating the legality of the transfer itself (Articles 72.1, 72.2 of the Labor Code of the Russian Federation). If the transfer is declared illegal, dismissal for absenteeism cannot be considered justified and the employee must be reinstated at his previous job.

Taking into account the above circumstances of the case and the requirements of the law, what is significant for resolving the case is whether the employer complied with the law when transferring the employee to a job not stipulated by the employment contract.

Having established these circumstances, the court of first instance came to the conclusion that there was a case provided for in Part 2 of Art. 72.2 of the Labor Code of the Russian Federation, endangering the life or normal living conditions of the entire population or part of it, and therefore considered that the employer had the right to transfer workers without their consent to work not stipulated by the employment contract in order to prevent this incident.”

Based on the analysis of this case, employers should think about the fact that for a correct temporary transfer in case of production necessity, they should either obtain the employee’s consent to the temporary transfer, or independently issue an order for the temporary transfer of the employee/employees with a mandatory indication of the reason for such transfer. At correct design an order for a temporary transfer indicating the reason, timing or specific event, the employer will be able to avoid misunderstandings on the part of employees, as well as protect itself from litigation.

It should also be taken into account that the employee has the right to refuse the transfer if it is dangerous to his life and health. An employee’s unreasonable refusal of a temporary transfer in these situations will be regarded as a disciplinary offense, and absence from work will be regarded as absenteeism. This is clearly stated in paragraph 19 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”

However, by virtue of para. 5 hours 1 tbsp. 219, part 7 art. 220 of the Labor Code of the Russian Federation, an employee cannot be subject to disciplinary action for refusing to perform work if a danger to his life and health arises due to violation of labor protection requirements, except in cases established by federal laws, until such a danger is eliminated, or from performing work with harmful and ( or) dangerous working conditions not provided for in the employment contract. Since the Labor Code of the Russian Federation does not contain rules prohibiting an employee from refusing to perform such work even when they are caused by a transfer on the above grounds, the employee’s refusal to temporarily transfer in accordance with Art. 72.2 of the Labor Code of the Russian Federation for the reasons mentioned above is justified.

Temporary transfer in the cases specified above is allowed only for a period of up to one month and should serve the purpose of preventing these cases or eliminating their consequences.

Conclusion

In conclusion, I would like to note that temporary transfer is carried out by agreement of the parties, but this is at best. Then you just need to formalize it correctly so that there are no future claims against each other.

When temporarily transferring an employee in case of production necessity, it is necessary to indicate in the order itself why such a temporary transfer is necessary. We should not forget that if the functions of the employment contract do not provide for the conditions for preventing the consequences of any disasters or the transfer to work is in no way related to the skills, knowledge, skills of the employee and the transfer will actually threaten his life and health, only in this case the employee will be able to refuse the transfer. I repeat, an employee’s unreasonable refusal of a temporary transfer due to production necessity if there is a real need for it in the organization is not allowed.

Accordingly, by taking into account all the necessary written documentation and understanding when it is possible or necessary to temporarily transfer an employee to another job, the employer will protect itself from disputes with employees.

Irina Chuchkina - legal consultant at IC U-Soft LLC, Regional Information Center of the ConsultantPlus Network. Editorial staff of the magazine "Kadrovik"

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Temporary transfer within the organization at the initiative of the employer.

The employee may betemporarily transferred with his consent for another job for a period up to one year. If the transfer is needed to replace a temporarily absent employee, whose place of work is retained in accordance with the law, - then the translation will be before this employee returns to work . (For example, in place of a person on maternity leave or on sick leave or on vacation.)

If the transfer period has ended, and you were not given the previous job, and you did not demand to return and continue to work, then the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation. Agreement of the parties is concluded in writing)

Remember! In accordance with the Labor Code of the Russian Federation, Art. 72.1 and 72.2 without yours written consent from you Dont Have the right to transfer to a lower position than you previously held (except for the cases specified in Part 2 of Article 72.2 of the Labor Code of the Russian Federation). With your consent, you can be transferred to a lower position, firstly, for a period of up to 1 month, and secondly, your payment must be no less than the average earnings for your previous job.

But! Let's look at situations in which the employer has the right transfer the employee to another job not stipulated by the employment contract, without his consent for a period of up to one month (Part 2 of Article 72.2 of the Labor Code of the Russian Federation).

These are the cases:

— a natural or man-made disaster;

— industrial accident;

- accident at work;

- fire;

- flood;

- hunger;

- earthquake;

- epidemic or epizootic;

- other exceptional cases that threaten the life or normal living conditions of the entire population or part of it.

Also, Part 3 of Article 72.2 of the Labor Code of the Russian Federation provides for a number of situations in which a temporary transfer of an employee is possible without his consent for a period of up to one month, namely:

— 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

You can refuse the transfer. However! If you unreasonably refuse a transfer in the above situations, then this will be regarded as a disciplinary offense, and absence from work - as absenteeism (clause 19 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation "), If:

— a danger to your life and health arose due to a violation of labor protection requirements (except for cases provided for by federal laws) until such a danger is eliminated;

— the transfer is carried out to perform heavy work and work with harmful and (or) dangerous working conditions, and they are not provided for in the employment contract.

Attention! The duration of a temporary transfer of an employee to another job without his consent cannot exceed one month. But during the calendar year, such transfers can be made by the employer more than once .

The employee is paid depending on the work he performs, but not lower than the average earnings that he received at his previous place of work (Part 4 of Article 72.2 of the Labor Code of the Russian Federation for transfers that were made in the cases specified in Parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation ).

Remember! If you are transferred to a job that requires lower qualifications, for the reasons set out in Part 3 of Article 72.2 of the Labor Code of the Russian Federation, then the employer must obtain written consent from you for such a transfer in any case, for example, if in the event of an emergency the accountant is charged with duties clean up the trash, then his consent to this transfer necessary.

How in practice should a temporary transfer be processed in the HR department?.

1. Employer orally or through a Transfer Offer offerstransfer to the employee.

2. The worker gives written agreement for translation (statement of consent to translation or phrase in the Proposal: I agree with the translation - date-signature).

3. The employee is introduced to his job description or other documentation related to his new position for signature.

4. The employer draws up an Addendum (agreement) to the employment contract on the transfer. The addition (agreement) to the employment contract is drawn up in 2 copies, both signed by both the employee and the head of the organization.

5. One copy remains with the employer, the second is given in person employee. In the first copy (which remains with the employer), the employee writes the phrase: “ I received the addition (agreement) to the employment contract - date-signature").

6. The employer issues an order to transfer an employee in the form T-5 (on the transfer of an employee) or T-5a (on the transfer of employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of the concluded Addendum to the employment contract, and its content must strictly comply with the conditions specified therein. The employee gets acquainted with the Order for signature.

The order must contain the number and date of registration of the order, as well as the signature of the manager.

7. If you do not agree with the transfer and refuse to read the order against signature, the employer draws upact of refusal to familiarize yourself with the order.

8. Remember! Information about temporary transfer Not are entered in your work book, so I recommend that you take a duly certified copy of the temporary transfer order so that you can confirm in the future that you performed this work.

9. At the end of the temporary transfer period, the employer must issue an order about the end of the transfer period and the employee returning to work in his previous position. The employee reads the order for signature, the order must contain the number and date of registration of the order, as well as the signature of the manager.

How to arrange a temporary transfer that does not require consent employee.

1. The manager issues an order for temporary transfer in form No. T-5 or T-5a indicating the reason for the transfer in the line called “reason for transfer”. The order must be supported by relevant documents, For example: evidence from eyewitnesses and emergency services personnel, various documents: written statements from employees about downtime due to the employer’s fault due to equipment malfunction, acts of emergency, order from the head of the organization on measures to eliminate the consequences of the accident, etc.

otherwise you may refuse the transfer. You must read the order for signature. The order must have a number registration, date and signature of the manager.

2. You must be familiarized with the job description and safety regulations for signature.

3. You have the right to refuse a transfer if you believe that labor safety requirements have been violated at the new place of work and this threatens your life or health. In this case, you write a statement in free form, in which you provide arguments that serve as the basis for refusing the transfer.

4. Make a copy of the order with your signature.

The employer's procedure for temporary transfer of an employee directly depends on who initiated it. We will tell you how to arrange such a transfer in two cases - by agreement of the parties and without the consent of the employee. Find out how to stop staff changes.

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How to arrange a temporary transfer of an employee to replace an absent employee

If the employer does not have extraordinary circumstances, an employee can be briefly transferred to another job only with his written consent (Article 72.2 of the Labor Code of the Russian Federation). To do this, you need to conclude an additional agreement to the current TD (employment contract). This is important because when moving to another position, a short time the employee changes:

• job position;
• salary size.

When executing a short-term employee transfer to replace an absent employee, it is impossible to predict the exact end date of the event. Therefore, a condition is included in the additional agreement that serves as the basis for ending the temporary personnel reshuffle. In this case, such a basis will be the return to work of the main employee.

The additional agreement is drawn up taking into account the general rules:

1. The document is drawn up in two copies
2. The amended clauses of the TD are included in it, indicating that the remaining terms of the TD remain unchanged.
3. The agreement is signed by the employee and the employer. The service in the Personnel System will help you arrange a temporary transfer in various cases. Get started with master of temporary transfer registration right now.

A temporary transfer to another job by agreement of the parties is formalized not only by drawing up an additional agreement, but also by an order. It states the fact of temporary personnel changes within the organization. In addition to the order, which can be issued using the unified form No. T-5 or No. T-5A, as well as on forms developed by the company independently, you will need to make an entry in section III employee's personal card.

Additional agreement. Temporary transfer of an employee to another position

Information about the transfer is reflected in the work book only if it is carried out permanently. There is no need to make a temporary entry. If in the future the employee needs to confirm the fact of non-permanent work, he can request in writing from the employer a certificate or a copy of the temporary transfer order.

how to temporarily transfer an employee to another job by agreement of the parties. From the article you will learn about the procedure and the features of documentation.

Temporary transfer to another position: distribution of responsibilities among several employees

The labor legislation of the Russian Federation does not oblige employers to resolve issues of replacing absent employees in a single standard way. If the volume job responsibilities The absence of an absent employee is extensive, and the personnel situation makes it possible to distribute his functions among several employees, this can be done. In this case we're talking about not about translation. The transfer of an employee or several employees is also not possible. Everyone will perform their job responsibilities plus additional work that was previously performed by a temporarily absent specialist.

This is formalized through an additional agreement to the employment contract on the temporary replacement of an absent employee. When expanding responsibilities, the following is drawn up:

• an additional agreement, specifying the scope of new responsibilities and the amount of additional payment;
• an order that gives employees additional powers.

There is no need to enter information about the additional amount of work into employees’ personal cards and work books.

When is a temporary transfer to another job possible without the employee’s consent?

You can briefly transfer an employee to another job without his consent only if it is necessary to prevent or eliminate the consequences:

• man-made and natural disasters;
• accidents;
• earthquakes, floods, fires;
• epidemics, epizootics, famine;
• other cases that threaten normal living conditions or the lives of a large part of the population.

Additionally, two conditions must be met:

1. All of these cases must be caused only by emergency circumstances: disasters, accidents, fire, floods, and so on.
2. The job to which the employee transfers must correspond to his skill level or be more qualified.

If the latter condition is not met, written consent must be obtained, either by an entry on the notice provided by the employer or by a separate statement.

Types of transfers to another job under the Labor Code of the Russian Federation

Such transfers are divided into temporary and permanent. Temporary ones are made by agreement of the parties or without the consent of the employee.

The duration of performance of job duties during a short-term transfer to another job is limited by the Labor Code of the Russian Federation to one month if the transfer is made without the consent of the employee.

It is also possible to transfer while the main employee is also temporarily performing other duties.

★ The HR System expert will tell you how to arrange a temporary transfer of an employee to another job. From the article you will learn about the procedure, about transferring to another position by agreement of the parties and without the consent of the employee, the specifics of drawing up an order and documents on the basis of which the transfer is terminated.

How to justify the temporary transfer of an employee to another position b

If a dispute arises about the legality of transferring an employee without his consent, the employer must prepare documents that can be used to confirm the existence of extraordinary circumstances that caused such a transfer (clause 17 of the resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

The following documents are used as such documents:

• reports from emergency services specialists;
• acts on the occurrence of emergency incidents;
• order from the head of the organization about measures taken to eliminate the consequences of an accident, etc.

How to terminate the temporary transfer of an employee to another job: registration procedure

After the transfer period expires, the employer issues an order on the basis of which the employee is given his previous job. The order is drawn up in any form, since a unified form for such a document has not been approved. If, at the end of the transfer period, the employee’s previous job was not provided, and he does not insist on it and continues to work, the terms of the executed agreement lose force, the temporary position becomes permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation).

This situation must be documented by concluding a new additional agreement. After which the employer issues an order, the personnel officer makes an entry in the employee’s personal card and work book.

Order recognizing a temporary transfer as permanent

What is the difference between the movement of an employee according to the Labor Code of the Russian Federation?

Moving an employee to another workplace is not considered a transfer if the conditions of the labor contract do not change and the labor function remains the same. The exception is such situations when the TD specifies a workplace, when it changes, the terms of the TD change, and an additional agreement is drawn up. So, for example, a permanent transfer is possible only with the written consent of the employee. The movement is carried out without obtaining such consent.

An employee can be transferred to another job for a short time only with his written consent, unless there is an emergency. An additional agreement is concluded to the current employment contract. The reason is that when moving to another position, the employee’s job position and salary temporarily changes.

In the event of emergency situations, the employer has the right to transfer the employee without his consent for some time.

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