Additional agreement for translation. How to draw up an additional agreement to an employment contract on the transfer of an employee to another position

Often, the employer needs to amend the employment contract with the employee. There can be many reasons for this (for example, transfer to another position, job or change in wage conditions). Is it necessary to conclude with employees supplementary agreement to employment contract? Is there a universal template for such an agreement? Is it possible to conclude an additional agreement to change salaries? You will find answers to these and other questions in our article.

Introductory information

What can be changed

In an employment contract, you can change both mandatory (parts 2, 3 of article 57 of the Labor Code of the Russian Federation) and additional conditions of an employment contract (parts 4.5 of article 57 of the Labor Code of the Russian Federation). In any case, you need to draw up an additional agreement to the employment contract. Let us explain what can be related to mandatory, and what to additional conditions labor.

Mandatory conditions

Additional terms

place of work; labor function; date of commencement of work; when concluding a fixed-term employment contract, the term of its validity and the circumstances that served as the basis for its conclusion; terms of remuneration; working hours and rest time (if different from those generally established in the organization); compensation for hard work and work with harmful and (or) hazardous conditions labor; conditions that determine the nature of work (mobile, traveling, on the road, other nature of work); working conditions in the workplace; condition of compulsory social insurance.

information about the clarification of the place of work and the workplace; about the test; on non-disclosure of legally protected secrets (state, official, commercial and other); on the obligation to work after training for at least the period established by the contract, if the training was carried out at the expense of the employer; on the types and conditions of additional employee insurance; on improving the social and living conditions of the employee and his family members.

See also "".

About the additional agreement

To change the employment contract, you need to draw up a written agreement between the employee and the employer. There is no standard form for such an agreement. Therefore, the employer has the right to issue it in any form in the form of an additional agreement to the employment contract.

The supplementary agreement is an integral part of the employment contract. Therefore, an additional agreement must be drawn up in two copies: one for the employee, the other for the employer.
If the organization maintains a journal of accounting for additional agreements to employment contracts, then make a record in it about the issuance to the employee of his copy of the additional agreement.
See also "". It is not necessary for the employee to sign this journal. After all, his signature will already be on the supplementary agreement itself.

Special situations

The legislation defines a number of cases and situations in which, before drawing up an additional agreement to an employment contract, it is necessary to fulfill a number of conditions and take into account some restrictions. These situations are described in more detail in the Labor Code, in the relevant articles:

It is also worth noting that there are a number of restrictions on changing the employment contract when working conditions change (for example, the production technique changes). The employer is obliged to notify the employee of such changes, as well as the reasons that necessitated such changes, against signature (Article 74 of the Labor Code of the Russian Federation). And only if the employee agrees, then it is already possible to conclude an additional agreement to the employment contract with him.

Read the above articles if you need to conclude an additional agreement in the cases listed. They all describe in some detail what and in what time frame the employer needs to do.
If we are talking about general cases of concluding additional agreements, we suggest that you familiarize yourself with the samples.

Sample Additional Agreements

As we have already said, there is no single model of an additional agreement to an employment contract. It is compiled for each specific case. Here are some of the most common samples in Word format that you can download and correct for yourself.

Additional agreement on salary changes

Sometimes employers change salaries in organizations. Such a change also requires the consent of the employee. However, you do not need to receive it specifically. The additional agreement signed by the employee itself will be a confirmation of such consent.

So, suppose that the salary of a sales manager increases from 35 to 40 thousand rubles. An additional agreement might look like this:


As you can see, nothing needs to be described in detail (in particular, it is not necessary to indicate the previous salary). It is enough to establish that from the specified date the salary of the employee is the amount agreed with the employee.

Additional agreement on changes in working conditions

Additional agreement on transfer to another position

In order to transfer an employee to another position, you can draw up an additional agreement and indicate in it which position the employee is being transferred to and from what date this change begins to take effect.


Also keep in mind that the employer will need to issue an order to transfer the employee to another job.

Agreement on an employment contract in a new edition

As we have already said, it is possible to conclude an additional agreement on the statement of the employment contract in new edition. This is the only correct option. After all, labor legislation does not allow "renegotiating" employment contracts anew. Here is an excerpt from such an additional agreement, according to which you can understand the algorithm of actions.

Transfer is a permanent or temporary change in the labor function of an 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 locality together with the employer (Article 72.1 of the Labor Code of the Russian Federation).

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

• moving it from the same employer to another workplace,
• moving it to another structural unit located in the same area,
• entrusting him to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract.

The circumstance is also not considered a transfer if the structural unit in which the employee works is not specified in the employment contract.

All translations are divided into:

• temporary,
• permanent,
• mandatory transfers.

In turn, temporary transfers can be divided into those carried out with the consent of the employee and transfers without consent. Let's look at all types of translations in order.

Permanent transfers of an employee to another job

A permanent transfer is issued in the following cases (Article 72.1 of the Labor Code of the Russian Federation):

• the labor function of the employee changes (for example, an engineer becomes a chief engineer);
• the structural unit specified in the employee's employment contract changes (for example, the manager of the purchasing department is transferred to the sales department);
• the employee is transferred to work in another locality (settlement) in connection with the relocation of the employer.

Permanent transfer is possible both at the initiative of the employee and at the initiative of the employer, but is allowed only after an agreement has been reached between the employee and the employer. It is mandatory to obtain the written consent of the employee. If the employee does not object to the transfer, he expresses his consent either on the proposal of the employer, or in a separate document (application).

What an employer needs to do:

1. Conclude an additional agreement with the employee to the employment contract. In it, write down the name of the new position, the amount of remuneration and other conditions that have changed in connection with the transfer. The agreement is drawn up in two copies for each party, on the copy of the employer, the employee puts a mark in receiving his own. Give one copy to the employee, the second copy remains with you, the employee must sign on it that he received his copy of the agreement.
2. Issue an order to transfer to another position and to another unit (form N T-5 or arbitrary).
3. Make a record of the transfer to another job in the work book. In column 4 of the work book, you must specify the details of the transfer order. The entry must be made within a week from the date of issuance of the order (clause 10 of the Rules for maintaining and storing work books, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, hereinafter referred to as the Rules).
4. Enter information about the transfer in sect. III of the employee's personal card and familiarize him with this entry against signature.

If the employee is transferred to a position for which the conclusion of a fixed-term employment contract is provided. So that the re-qualification of an open-ended contract into an urgent one is not regarded as an infringement of the rights of an employee, it is better to terminate the previously concluded employment contract and conclude a new fixed-term one.

5 situations when the employer is wrong

Situation 1: The organization has free rates. The employee asked the boss to transfer her to one of them, but he refused. Are the boss's actions legal?

Answer: According to Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. Thus, yes, the boss has the right to refuse an employee.

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

Answer: Changing the terms of the employment contract, in particular wages, allowed by general rule only with the consent of the employee and is drawn up by an additional agreement to the employment contract. Therefore, the employer acted incorrectly.

It is not uncommon for an employer to transfer an employee to a higher position, and in order to check the employee, he establishes probation:

Situation 3: The employee holds the position of chief specialist. The position of head of department was vacated in the department. The employer wants to offer this position to the chief specialist, but he is not sure whether the employee will be able to cope with the assigned duties. Can an employer set a probationary period for an already employed employee? Can an employer conclude a fixed-term employment contract for three months?

Answer: Establishing a probationary period for an employee performing labor activity in the organization is not provided. The test is established only at the conclusion of an employment contract, that is, for a new employee (Article 70 Labor Code RF). The conclusion of a fixed-term employment contract when transferring to another position will also be illegal. In this case, the employer can issue a temporary transfer of the employee to another position.

Situation 4: The employer hired a foreign citizen for a position in accordance with the permit. However, due to operational necessity, this employee was transferred to another position not specified in the permit. Is the employer right?

Answer: hiring a foreign citizen to work not in the specialty specified in the work permit is not legal. Such a situation, when the work actually performed by a foreigner does not correspond to the type of activity specified in the permit, is equated by the Federal Migration Service and the courts to work without a permit (Decision of the Moscow City Court dated 12.12.2011 N 7-2678; Resolutions of the Federal Antimonopoly Service of the North Caucasus District dated 05.21.2012 N A53 -16050/2011, Supreme Court of the Russian Federation dated September 23, 2011 N 18-AD11-15). And entails the imposition of significant penalties or suspension of the organization, which in any case is an unjustified risk for the employer.

Situation 5: the employer demanded that the employee, who is on parental leave, go to work for one day to familiarize herself with the order for her transfer to a lower position and a decrease in wages. Is the employer legally acting, motivating the specified transfer by the need to reduce the expenses of the organization?

Answer: The employer is acting illegally. An employee cannot be recalled from vacation without her consent and transferred (Article 125 of the Labor Code of the Russian Federation). Transfer without the consent of this employee is only allowed on the basis of a medical report. Thus, her former position should be retained for her (Article 256 of the Labor Code of the Russian Federation). Thus, the order issued by the employer will worsen the position of the employee in comparison with the established labor legislation and be illegal. In accordance with Part 4 of Art. 8 of the Labor Code of the Russian Federation, it cannot be applied. If the employer nevertheless makes the transfer without such consent and applies an order that worsens the rights of the employee, then she can resort to protecting her labor rights in legislative ways and appeal against the actions of the employer, thereby being reinstated in her previous position.

Temporary transfers to another job

Temporary transfer to another job is carried out on certain period. At the same time, the employee’s labor function and (or) structural unit is temporarily changed, if it was indicated in the employment contract. Temporary transfers include (Article 72.2 of the Labor Code of the Russian Federation):

• transfer to another job, carried out by agreement of the parties for a period not exceeding one year;
• transfer to another job, carried out by agreement of the parties to replace an absent employee for a period before his return to work;
• transfer to another job due to objective reasons(for example, for up to 4 months in accordance with the medical opinion).

The procedure for issuing a temporary transfer is similar to that for permanent transfers. The exception is that with temporary transfers, the entry in work book employee is not issued, regardless of the reason and term for such a transfer. If the deadline is not known, they write "until the temporarily absent employee leaves." And already on the basis of the agreement, an order for a temporary transfer is issued.

When such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained, then it is valid until the exit this employee to work. As a general rule, at the end of the term, the transfer is terminated, and the employee is provided with the work provided for by the employment contract.

But it may well be that the transfer period has expired, and the employee was not provided with the previous job and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent. In such a situation, it is advisable for the parties to fix these agreements in writing by drawing up an additional agreement to the employment contract. Further, the employer, on the basis of such an agreement, issues an order on personnel, in which it states the fact that the transfer, which was originally issued as temporary, is now considered permanent. And in this case, it becomes necessary to make an entry in the work book of the employee.

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Transfers with the consent of the employee

The employer may also temporarily transfer the employee with his consent for the period of suspension of work due to an administrative suspension of activities or a temporary ban on activities in accordance with the legislation of the Russian Federation due to violation of state regulatory requirements labor protection through no fault of the employee. At the same time, the place of work (position) and average earnings(Article 220 of the Labor Code of the Russian Federation).

Transfers without the consent of the employee

The period of temporary transfer at the initiative of the employer, that is, without the consent of the employee, cannot exceed one month.

In addition, this can be done only in certain cases, which are indicated in Part 3 of Art. 72.2 of the Labor Code of the Russian Federation:

• natural or man-made disasters, industrial accidents, industrial accidents, fire, flood, famine, earthquake, epidemics or epizootics and any exceptional cases that endanger the life or normal living conditions of the entire population or part of it (part 2);
• downtime (temporary suspension of work due to economic, technological, technical or organizational reasons);
• the need to prevent destruction or damage to property;
• the need to replace a temporarily absent employee (part 3).

All of the above cases must be caused by emergency circumstances specified in Part 2 of Art. 72.2 of the Labor Code of the Russian Federation. These include any circumstances that endanger the life or normal living conditions of the population or part of it. It is strongly not recommended to transfer an idle employee to another job if he does not agree to this. If no emergency circumstances are identified, then the transfer of the employee will be declared illegal.

A transfer without the consent of the employee is executed by order of the employer, indicating the circumstances that caused such a transfer. If an employee is transferred to a position requiring a lower qualification, written consent should be requested from him. At the same time, payment is made in an amount not lower than the average earnings for the previous job.

Transfer to another locality

Transfer to another locality together with the employer, that is, a change in the location of the organization, is considered a permanent transfer. It does not occur so often, however, there are nuances and the employer needs to know about it.

The execution of such a transfer should take place in the following sequence:

1. The employer must notify all employees of such a transfer in advance. Since the timing of such a warning is not established, one should be guided by Art. 74 of the Labor Code of the Russian Federation and apply a two-month notice period,
2. Offer employees a translation. It is not necessary to send a transfer proposal to each employee, but it is enough to issue one order and bring it to the attention of everyone against signature.
3. Be sure to obtain the consent of employees,

In a situation where the organization has changed its legal address and executive agency changed the location, and the actual place of work of the employees remained the same, it is not necessary to issue a transfer.

Employees who refuse to be transferred to another locality must be dismissed under paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation - refusal to transfer to another locality together with the employer. The employee is paid a severance pay in the amount of two weeks' earnings (Article 178 of the Labor Code of the Russian Federation). As with ordinary dismissal, form No. T-8 (or form No. T-8a), approved by Resolution No. 1, is used to formalize the termination of employment relations with employees.

With employees who have expressed a desire to continue working with this employer in another locality, relations are formalized as follows:

• an additional agreement is concluded to the employment contract on transfer to another locality,
• on the basis of an agreement with the employee, an order is issued,
• a record is made of the transfer to another locality, even if the employee remains in the same position and in the same structural unit,
• an entry is made in the employee's personal card.

The employer should not forget about such an important point: if the employee agrees to move to work in another area, he will have to reimburse:

• expenses for the relocation of the employee himself, his family members and the transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);
• expenses for settling in a new place of residence.
• The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract (Article 169 of the Labor Code of the Russian Federation).

Mandatory transfer to another job

Situations in which the transfer is mandatory occur both at the initiative of the employee (when he has the right to require the employer to transfer to another job), and at the initiative of the employer (due to circumstances beyond the control of the parties). At the same time, an employee can be transferred both on a permanent and temporary basis. For example, if an employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide such an employee with another job while the danger is eliminated (Article 220 of the Labor Code of the Russian Federation).

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

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

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

1. The employee provided a medical report issued in accordance with the procedure for issuing certificates and medical reports, approved by Order of the Ministry of Health and Social Development of the Russian Federation of 02.05.2012 N 441n. According to the document, the employee needs to be transferred to another job. In this case, the employer is obliged to transfer to another job he has, which is not contraindicated for this citizen for health reasons. The transfer of an employee to another position, where work is not contraindicated for him for health reasons, is carried out with his written consent (part 1 of article 73 of the Labor Code of the Russian Federation).

True, there is one “but” - if an employee who needs a temporary transfer for up to four months refuses to transfer (or there is no corresponding job), then the employer must remove the employee from work for this period while maintaining the place of work (position). In this case, during the period of suspension, wages are not accrued to the employee. At the same time, if an employee needs a temporary transfer for a period of more than four months, or permanent translation, then if he refuses to transfer or if the employer does not have a relevant job, the employment contract is terminated in accordance with paragraph 8 of the first part of Article 77 of the Labor Code of the Russian Federation (Article 73 of the Labor Code of the Russian Federation).

With managers (and their deputies) in need of translation medical indications, the situation is different. In their case, the employment contract with them may not be terminated, and the period of suspension from work is determined by agreement of the parties.

It is not uncommon for an employee to be transferred to a lower-paid job. The employer is obliged to keep the average earnings from the previous job within one month from the date of transfer. If the transfer is associated with a work injury, occupational disease or other damage to health associated with work - until a permanent loss of professional ability to work is established or until the employee recovers (Article 182 of the Labor Code of the Russian Federation). Arbitrage practice this confirms. The judges ruled that the employer’s obligation to maintain the average salary for the employee arises from the moment the employee is transferred to a lower-paid position and terminates with the establishment of a permanent loss of professional ability to work (Appeal ruling of the Vologda regional court dated 13.09.2013 N 33-4301/2013).

1. When carrying out measures to reduce the number or staff of the organization's employees, the employer is obliged to offer the employee another available job (both a vacant position or a job corresponding to qualifications, and a vacant lower position or a lower-paid job). If the transfer cannot be made, the employee will have to be fired on the basis of paragraph 2 of part 1 of Art. 81 of the Labor Code of the Russian Federation. About the upcoming dismissal due to a reduction in the number or staff of the organization's employees, employees are warned by the employer personally and against signature at least two months before the dismissal (Article 180 of the Labor Code of the Russian Federation).
2. If an employee has lost the opportunity to perform duties under an employment contract in the event of suspension for a period of up to two months of the employee’s special right (license, right to manage vehicle, the right to bear arms, etc.), the employer is obliged to transfer the employee to another available job (both a vacant position or job corresponding to qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his state of health. Of course, in this case, the employer must obtain the written consent of the employee. In addition, the employer is required to offer all relevant specified requirements vacancies available to him in the area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract. If the employee refused or there is no vacant position, he is suspended from work without pay (Article 76 of the Labor Code of the Russian Federation). If the period of suspension of the special right exceeds two months or the employee is deprived this right, the employment contract with him is subject to termination in accordance with paragraph 9 of part 1 of Art. 83 of the Labor Code of the Russian Federation.
3. A pregnant employee, in accordance with a medical report, the employer must transfer to another job that excludes the impact of adverse production factors, while maintaining the average earnings in the previous job. A statement is required from the employee. Until other work is provided, a pregnant woman is released from work. She retains the average earnings for all missed working days as a result of this at the expense of the employer (Article 254 of the Labor Code of the Russian Federation).

Meanwhile, women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred at their request to another job with wages for the work performed, but not lower than the average earnings at the previous place of activity until the child reaches the age of one and a half years (Art. 254 of the Labor Code of the Russian Federation). Also, pregnant women and women with children under the age of three cannot be involved in work performed on a rotational basis (Article 298 of the Labor Code of the Russian Federation).

In this situation, the transfer to another job is carried out as follows:

1. The parties conclude an additional agreement to the employment contract
2. The manager issues an order to transfer to another job
3. The personnel officer makes entries about the transfer in the work book and personal card in the form No. T-2

A situation may arise when an employee does not want to interrupt her vacation or go on part-time work time. In this case, there is no need to force her to interrupt the vacation. It is enough to invite her to drive to work to draw up an additional agreement to the employment contract or send a courier to her. True, it is recommended to acquaint the worker with the new job description in order to avoid refusal to perform duties that may come as a surprise to her. This must be done before signing an additional agreement to the employment contract.

The procedure for issuing an additional agreement:

1. Date of change of labor function - indicate the date from which the employee will perform a new labor function (work in a new position or in another department). This may be the current date (in the case when the structure of the company changes) or the actual date of her return to work from parental leave.
2. In the additional agreement, it is possible to indicate (optionally) that the employee began her new duties after leaving the parental leave.
3. If, when transferring to another position (in a department), the employee’s salary changes, then these changes should also be made to the supplementary agreement.

12.08.2018, 2:49

The employer and employee may enter into an additional agreement on the transfer to another position in order to fix the change in the states with all the corresponding rights and obligations of the parties.

Such an agreement is concluded voluntarily, while the initiative can be put forward by both the employer and the employee himself. Also, the head of the enterprise must issue an order drawn up in the form of T-5. This document is required to confirm the fact of the transfer.

How to draw up an agreement

During official employment, an entry is made in the work book about which position and in which unit the employee is accepted. If this information needs to be changed, an additional agreement is drawn up to the employment contract on the transfer of the employee.

Wherein new job should not be contrary to medical contraindications. Although this document is issued in free form, it must contain the following information:

• date of conclusion and name of the settlement;
• name of the document - the name is indicated, as well as the date of execution of the main employment contract;
• information about the parties that entered into the agreement (full name of the organization and full name of the employee);
• new conditions that are included in the employment contract (name of the new position, indication of a new structural unit at the enterprise, description of new duties and other significant working conditions);
• signatures of employer and employee.

Any additional agreement on transfer to another position or to another structural unit must be drawn up in two copies - one remains in the employer's personnel department and is invested in a personal file, the second is transferred to the employee. Also, the manager must fix the adopted changes by order - a new position, duties, salary and other essential conditions fit into it.

How to apply for a permanent job transfer

Often, the employee and the employer initially enter into an agreement on temporary employment, in which case the contract specifies the validity period. If it comes to an end, and the parties are going to continue labor Relations, it is necessary to draw up an additional agreement on the transfer to a permanent job.

It should state that the provision on the duration of the employment contract is excluded, and employment becomes permanent. Changes to the contract must be confirmed by the order of the head.

Often situations arise when the term of the temporary employment contract has expired, and the employee simply continues to work in the organization. In this case, the contract simply automatically becomes permanent, and the employee continues to work on the same terms. This allows not to draw up an additional agreement on the transfer to a position for constant conditions, however, the employer still needs to issue an official order.

Is it possible to make a transfer without the consent of the employee

In almost all cases, the transfer is made only on voluntary terms. The consent of the employee is required. An exception is made only for emergency production needs and emergencies– accidents, catastrophes, fires, explosions, etc.

To exit dangerous situation the employer can send the employee to another unit without his consent, but the validity period of such a transfer should not exceed one month. After that, the employee either returns to his previous position, or you need to draw up a formal additional agreement.

Especially for readers, our specialists have prepared an additional agreement on the transfer to another position.

Transfer to another position is one of the most common personnel procedures. Usually they resort to it with an increase, structural changes within the organization, a deterioration in the health of the employee, etc. At the same time, the transfer procedure established by law must be observed: conclude an additional agreement with the employee to the employment contract, issue an order, make an entry in the work book (if necessary ) and a personal card.

Types of transfers to another position

Transfer to another position can be permanent or temporary. A permanent transfer is of an unlimited nature, a temporary one is always determined by some period or event.

When a temporary transfer is carried out by agreement of the parties, its term cannot exceed one year. But if you need to replace a temporarily absent employee (for example, on maternity leave), the end of the transfer period is determined by the moment this employee enters work ( part one, art. 72.2 of the Labor Code of the Russian Federation).

If the employer temporarily transfers an employee to another job without his consent due to downtime, the need to prevent a natural or man-made disaster, an industrial accident, an industrial accident, etc., then the period of such a transfer cannot be more than one month (part 1 of Art. second, third article 72.2 of the Labor Code of the Russian Federation) 1 .

There are situations when an employee needs to be transferred to another position for medical reasons 2 . In this case, it can be issued (Article 73 of the Labor Code of the Russian Federation):

Temporary transfer for up to four months;
- temporary transfer for a period of more than four months;
- permanent translation.

When transferring to another position, the labor function of the employee changes, that is, the range of his duties. The initiator of the transfer can be both an employee and an employer.

Translation by agreement of the parties. Since when transferring to another position, the labor function and the terms of the employment contract change, this is allowed, as a general rule, by agreement of its parties (Article 72 of the Labor Code of the Russian Federation). If the employee and the employer have no disagreements regarding the terms of the transfer, it can be formalized directly by concluding an additional agreement. It is not necessary to receive a statement from the employee.

If the employee has only read the order, then this cannot be considered a written consent to the transfer. Consent must be obtained before issuing an order in the form of a signature on a notice or supplementary agreement.

Transfer initiated by the employee. When the employee himself proposes to transfer to another position, he writes a corresponding application and sends it to the employer. If the manager agrees, they draw up an additional agreement to the employment contract (Article 72 of the Labor Code of the Russian Federation). Then they issue an order, make an entry in the work book (on a permanent transfer), a personal card.

Transfer initiated by the employer. If the transfer is offered by the employer, he sends the employee a proposal (notice) on the transfer, drawn up in any form, and must obtain from him a written consent to the transfer. Most often, the employee expresses his consent in the form of a mark on the notification “I have read the notification. I agree to the translation. The date. Signature". Also, consent can be expressed in the form of a mark on the supplementary agreement.

We conclude an additional agreement on the transfer to another position

After the parties have agreed on the transfer, it is necessary to sign an additional agreement with the employee (sample below). It must indicate the date (1) and place of conclusion (2) of the agreement, the full and abbreviated (if any) name of the employer (3), last name, first name, patronymic of the representative of the employer and the document on the basis of which he acts (4), last name, name, patronymic of the employee (5).

The agreement also indicates the clauses of the employment contract that are being amended (6), the date from which the employee is transferred to a new position (7), the new name of the position and (if necessary) the structural unit (8), the employee's salary (9), new official duties (10) .

The document is drawn up and signed in duplicate. One remains with the employer, the second is given to the employee (11). The parties seal the agreement with their signatures (12) . On the part of the employer, as a rule, the seal of the organization is put on the document (13). To avoid possible disputes, ask the employee to sign and date his copy of the agreement (14) .

We draw up an order for transfer to another position

After signing the supplementary agreement, it is necessary to prepare an order for transfer in a unified form No. T-5 (No. T-5a) or otherwise approved by the head of the organization (sample below). The order must indicate the full and abbreviated (if any) name of the organization (15), number (16) and the date of preparation of the document (17).

If the transfer is permanent, then the order indicates only the date from which the employee is transferred to a new position (18). If the transfer is temporary, then also reflect the expected date of its completion.

When transferring to another position, it is impossible to establish a probationary period for an employee, even if the new position requires more qualifications (Article 70 of the Labor Code of the Russian Federation). If there are doubts about how the employee will cope with the new position, then a temporary transfer can be issued for up to one year (part one, article 72.2 of the Labor Code of the Russian Federation).

Also, the surname, name, patronymic without abbreviations (19) and the employee's personnel number (20) are entered in the order. Then the type of transfer is noted (“permanently” or “temporarily”) (21) , the former structural unit (22) and the old position (23) .

After that, the reason for the transfer is indicated (the employee's initiative, the vacant nature of the position, the replacement of a temporarily absent employee, etc.) (24), then the new department (25), the new position (26) and the new salary (27) of the employee. If filled unified form or created on its basis, in the column "Basis" enter the details of the document that caused the transfer (additional agreement to the employment contract, employee's statement, etc.) (28) . The completed order is signed by the head of the organization (29) and the employee (30).

We make a record of the transfer in the work book and personal card

As noted above, an entry about the transfer is made in the work book if it is permanent ( part four of Art. 66 Labor Code of the Russian Federation) (sample below). The entry is assigned a sequence number (31) . The name of the organization does not need to be repeated. In column 2 of the section "Information about work" enter the date from which the employee is transferred to another position (32). In column 3, you need to make the entry itself, indicating the position to which the employee is being transferred (33). If the structural unit changes, this is also reflected in the work book (34). In column 4 indicate the details of the transfer order (35).

Information about the transfer, regardless of its type, is also entered in section III of the employee's personal card (sample below). The employee must be familiarized with this record against signature (36).

Fixing in practice

Complete the forms using the following conditions.

On March 18, 2015, the secretary of the administrative department of Grand LLC, Nadezhda Anatolyevna Kadina (personnel number 52), on March 18, 2015, gave written consent to the transfer from March 20, 2015 to the position of HR department inspector of Grand LLC with a salary of 25,000 rubles due to the need to replace Maria Shilina Pavlovna, who is on parental leave until July 15, 2016. Amendments were made to Kadina's employment contract dated June 16, 2004 No. 46-TD by an additional agreement dated March 20, 2015.

An additional agreement on the transfer to another position may be necessary in cases where significant changes are made to the employee's employment contract. This document serves as written evidence of the agreements reached between the employer and the employee.

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Internal movement of employees within the company is a common situation. An additional agreement must be drawn up whenever the position changes in any way, regardless of whether it is an increase or decrease. Even if changes are made only to the title of the position, an additional agreement is a prerequisite for making changes.

Conditions

Article 72 of the Labor Code directly indicates that the employer has the right to change the position of any of the employees of the organization at its discretion. The main thing is to obtain the consent of the employee in writing before this at least 2 months in advance.

Such written evidence may be a statement by the employee himself, his consent, or simply a signature in a document that unequivocally states his consent (such a document may be a separate appointment order).

In the notice of changes in the employment contract, the employer must also indicate the reasons why the position or other conditions of the previously signed employment contract should change. The wording of these changes is meant to be free-form, but might look like this:

• Changes are made in connection with the optimization of the structure of the organization.
• Edits are made due to the reduction of departments or services of the organization.
• The transfer is carried out due to the creation of new structural divisions of the company.

If a unit opens in another city and the employee is transferred there, then his consent is required.

However, if the position is changed temporarily, for no longer than 30 days, then the employer does not need to obtain the consent of the employee 60 days before the event (in accordance with paragraph 2 of Article 72 of the Labor Code).

Exceptions to the rules

If it's about individual as an employer (IP), he has the right to notify his employee 2 weeks before changing his position (as before dismissal). This is stated in Article 306 of the Labor Code. And if the employer is religious organization, then he has the right, according to Article 344 of the same Code, to receive written consent from his employee and 7 days before the change of position. It will be perfectly legal.

If only the location changes

The employer has the right not to warn the employee about the transfer if he remains in the same status (the title of the position does not change) and remains to perform his official duties in the same locality but in a different building. That is, office relocation is not the case to warn employees in advance. This is stated in paragraph 1 of article 72 of the Labor Code.

In case of health problems

If an employee is unable to perform his duties due to a deterioration in his health, the manager is obliged to offer him another job in his organization. And we are talking about any work. If the employee for some reason refused the offered place, then the employer has the right to dismiss him under Article 77 (Part 1, Clause 8) of the Labor Code of the Russian Federation.

In case of non-compliance with the rules

If the employer has not warned his employee about changing his position 2 months in advance and the amendments have come into force, then the employee has the right to file a complaint with the labor protection committee. If the fact of violation of rights is proved, the employer will bear administrative responsibility for violation labor law in the form of a fine (or get off with a warning).

• If for negligence or gross violation of labor laws, executive, then it will be obliged to pay from 1 to 5 thousand rubles. fine. The same rates apply to individual entrepreneurs (employers who are not legal entities).
• If the employer is an LLC, JSC or other form of legal entity, then in case of violation, a fine from 30 to 50 thousand rubles awaits him. for such a breach.

Of course, in most cases, third parties are not contacted, the employer and the employee find a compromise solution.

Components of the additional agreement

The document consists of:

• The full name of the document with the number and date of the employment contract to which it is attached. In the form and sample additional agreement available for download, this information is located at the top, in the middle of the sheet.
• Cities and dates of signing the document.
• The name of the organization where the employee is being moved.
• Name of both parties involved. The head of the institution who is responsible for this appointment is indicated, as well as the data of the transferred employee.
• Enumerations of items to be changed in the employment contract. In particular, the part that concerns the title of the position and everything related to translation. These important points it can be location, wages, hours of work, etc. In paragraphs, you need to write all the text that changes, as well as what it changes to.

Particular attention should be paid to information regarding the date on which the agreement on transfer to another position is valid and when it ends.

The end date can be formulated as "The term of the employment contract until the agreed changes are made."

Regarding the first date, we can only say that it should not be issued earlier than the document on the employee’s consent to the transfer (ideally, the consent or application for transfer should be signed two months earlier) and later than the actual transfer to another position.

Naturally, at the end of the additional agreement, the signatures of the parties must be located (in the attached form of the employer - on the left, the employee - on the right) with transcripts and the seal of the organization.

What other documents need to be changed during translation

If another position is permanent (the employee will be in it for more than 1 month), then changes must also be made to the personal card in the T-2 form and to the work book of the transferring employee. Usually, these issues are dealt with by a personnel officer.