Transfer to a vacant position sample. Transfer of an employee to another position within the organization

In the event of a production need, the manager may decide to transfer the employee to another structural unit within the same organization. Such a change is formalized by a translation, which involves the issuance of an order and the signing of an additional agreement to the employment contract.

What is job transfer

Under the transfer to another job, the Labor Code of the Russian Federation implies a number of changes:

change in the functionality of the employee (that is, the labor function established in his employment contract - work according to the position in accordance with the approved staffing, profession, specialty, indicating qualifications or specific type work assigned to the employee);
change structural unit(also established in the signed employment contract: it can be a branch, representative office, department, department, etc.);
transfer to work in another locality together with the organization (outside the original administrative-territorial point).

Such changes are assumed only in the case of continuing work in the same organization, even if it moves to another locality with its employees (Article 72.1 of the Labor Code of the Russian Federation).

In addition, such changes can be either permanent (in this case we are talking about a permanent transfer) or temporary (temporary transfer).

Thus, transfer to another department without changing the position is one of the types of transfers and can be both permanent and temporary.

The procedure for transferring an employee to another structural unit

Regardless of whether the transfer is supposed to be permanent or temporary, first of all, it is necessary to obtain the consent of the transferred employee (with the exception of certain cases provided for in Parts 2 and Part 3 of Article 72.2 of the Labor Code of the Russian Federation), otherwise the company's actions will be recognized illegal.

The exceptions are:
1. temporary transfer (up to one month) to prevent or eliminate the consequences of cases that endanger the life of the population (fire, accidents, natural disasters and similar cases);

2. if the above extreme cases have occurred, a temporary transfer is allowed (up to one month) in cases of downtime, protection of property or replacement of a temporarily absent employee (except when it is expected to perform work requiring lower qualifications - then the employee’s consent to the transfer is mandatory).

The main thing is that consent to transfer to another department must be obtained before the actual execution of the transfer, that is, before the issuance of the corresponding order.

Wherein unified form consent is not established, it can be as a separate written agreement employee (for example, an application for transfer to another department), and the corresponding entry on the transfer order issued by the employer or the signing by the employee of an additional agreement to the employment contract.

If the transfer to another structural unit is permanent, then information about it must be entered in the work book (an entry is made on the basis of the transfer order no later than a week after its publication).

The entry is duplicated in the employee's personal card, the employee must be familiarized with it against signature.

How to write an application for a transfer to another job within the organization?

I have been working in the organization for several years, but not in my specialty. The employer offered me to transfer to another job within the organization. New job will correspond to the specialty received earlier and be better paid. The personnel department was asked to write an application for transfer to another job. How to make such a statement?

Transfer to another position or work within the organization is a change in the labor function of an employee, provided for employment contract. can be both temporary and permanent. In any of these cases, the terms of the employment contract change, so the written consent of the employee himself is required for the transfer.

For reference
temporary transfer, for a period of up to one month, is allowed without the consent of the employee, but only in cases expressly established by labor law. The list of such cases is listed in parts two and three of Article 72.2 Labor Code RF.

Personally, my opinion is that the written consent of the employee does not have to be expressed through a personal application for transfer to another job. For translation, an additional agreement to the employment contract is sufficient. With his signature, the employee, as one of the parties to the employment contract, expresses his consent.

Writing an application for transfer to another job

The initiator of the transfer to another job can be either the employer or the employee himself. Therefore, the application for transfer to another job will be somewhat different.

If the employer is the initiator of the transfer, then in the application it is necessary to agree with his proposal for the transfer.

If the transfer is initiated by an employee, then the application must ask the employer to transfer to another job.

In any case, the application for transfer to another job must contain the following elements:

name of company;
position and setting data of the head of the organization;
position and setting data of the employee;
the position to which the employee is being transferred;
transfer date;
the nature of the transfer (temporary or permanent);
the reason for the transfer (if necessary);
date and signature of the employee.

Summarizing
An application for transfer to another job is submitted to the name in a simple written form. Both the employee and the employer may refuse to transfer. However, labor legislation provides for cases when an employee cannot refuse a transfer. On the other hand, there are categories of workers to whom the employer cannot refuse to transfer to another job.

Each company in a certain period of time is faced with a situation where an employee needs to change his function in the organization.

This may be a transfer to another position or to another structural unit. The reasons may be different: production necessity, reduction or expansion of staff, personal request of the employee, or other compelling circumstances. Employee personnel service or authorized person must know how to transfer an employee to another position.

General translation rules

The transfer can be temporary or permanent, but in any case, it is necessary to pay attention to the employee’s medical record.

A new position and working conditions should not be contraindicated for him for health reasons.

Appointment can only be made with the consent of the employee. He must submit an application for transfer to another position.

Without the approval of the employee, only temporary transfers are possible without changing the terms of the employment contract.

An employee can be moved both within one enterprise and sent to another locality or to another employer.

If the employee does not agree with the transfer, he has the right to challenge it. In the event that the movement is found to be illegal, the employee must be reinstated in the previous position. Authorized body may assign an amount of compensation for the period while the new duties were carried out.

Translation on an ongoing basis

In this case, the change in the function performed is permanent. The employee must submit an application for transfer to another position, indicating the structural unit. Any employee has the right to submit such a document. If the request is granted, then they conclude an additional agreement and attach it to the employment contract.

Without fail, an employee of the personnel service or an authorized person must make changes to the employee's personal card and (if necessary) to the personal account. This is done on the basis of a transfer order.

Sometimes an employee does not know how to write an application for transfer to another position. A sample will help you understand the key points.

Is it necessary to draw up an additional agreement?

In the employment contract, the clauses "Place of work" and "Labor function" are mandatory, therefore, in case of their changes, it is necessary to conclude an addition to the main contract. It is signed by the employer and the employee, since it is impossible to change the terms of the contract without the consent of the employee.

When placing an order, in the line "Basis" you must specify the details of the additional agreement. In the event that an agreement has not been concluded with an employee, it is necessary to enter specific documents that serve as the basis for moving, including an application for transfer to another position. The line "Base" is not required.

Where is the permanent performance of a new labor function displayed?

All permanent transfers must be recorded in work book. The entry must be made no later than ten days from the moment the order was drawn up. Changes are made in accordance with the generally accepted rules for filling out this document.

Temporary transfer

By agreement of the parties, a temporary change in the function performed or a change in the structural unit is possible. The employee continues to work for the same employer. All changes must be recorded in writing, therefore, first of all, the employee must write an application for transfer to another position.

It is important to know that in the event that the agreement has expired, and the employee was not given the previous position, and he did not demand the return of his labor function, the transfer is considered permanent.

If the transfer is necessary for the time of replacement of another employee, then the agreement becomes invalid after his return to work. Temporary performance of duties in the work book is not entered.

When is translation required?

There are certain circumstances when an employer does not have the right to refuse an employee temporary transfer. If there is a threat to the health and life of a person at the workplace, he is obliged to provide another job until the danger has passed.

Women in a position for medical reasons may be excluded from those types of work where adverse conditions are present. factors of production. Wherein average earnings must be preserved. Pregnant women, as well as those who have children under three years of age, cannot be involved in rotational work.

Employer-initiated transfer

In order to, according to all the rules, draw up an application for transfer to another position, the form should be something like this.

The organization allows changes in technological or organizational working conditions due to production needs. In this case, the employer may unilaterally change the terms of the employment contract (with the exception of the employee's work function).

Download application form for transfer to another position

The company in its activities involves employees who perform specific labor functions. The organization has a certain list of positions in which employees work. Sometimes some professions become free. Responsibilities for a vacant position can be taken over by one of the employees this enterprise by writing an application for transfer to another job.

Transfer to another job is at the initiative of the employer or employee. The grounds for issuing this order may be various documents. The change of labor functions at the initiative of the employee takes place on the basis of the employee's application. An application for transferring an employee to another job is drawn up by him in a derivative form.

A pre-made template can also be used. The document must contain visas of the heads of structural divisions of the former and future places. Make sure the employee is familiar with the terms and conditions. future work.

The application is registered in the journal, it is assigned the number of incoming documentation. Sometimes it is necessary to additionally attach a number of other supporting documents to it: characteristics for an employee, documents on education, results attestation commission, medical reports.

All of them are needed for the manager to make a correct decision, which is drawn up with an inscription on the application and contains an instruction to the personnel department to either refuse or draw up. Then this document is filed into the employee's personal file, which, in the event of his dismissal, is transferred to the archive and stored there for 75 years.

Sample application for transferring an employee to another job

The application for transfer to another job, despite the free form, includes a certain set of mandatory details. The position, name of the company, full name are indicated in the upper right corner. the head of the organization, as well as the person filling out this document.

The form must contain the word "STATEMENT". Next comes a request for a transfer, which indicates the structural unit of the future place of work and position.

It is imperative to indicate the date of the transfer, the type of transfer, and that the employee is familiar with and agrees to the terms of work. The application is signed by the employee and dated. In some cases, the document may contain a reason for changing labor functions, as well as the amount of remuneration.

Transfers can be made for a variety of reasons. This may be an increase in work, temporary fulfillment of the duties of an absent employee, according to a medical report, inconsistency with the position held, due to pregnancy, women with children 1.5 years old, etc.

Features of filling in some applications for transfer to another job

When an employee asks to be transferred to another job for health reasons, the transfer application must contain the reason for the transfer “in accordance with the medical report”, the date, number of the report, the name of the healthcare institution that issued it, as well as information about the work that the employee did not can perform. It also states that a copy of the medical report is attached.

An employee may be transferred to another employer. This statement also has a number of features. It must be submitted along with a letter of request for dismissal from the head of the company in which the employee is supposed to work. The wording of the application must contain the phrase “I ask you to dismiss me in the order of transfer to ...”. AT

if the former employer agrees to such a transfer, a visa is put on the application "Dismiss in order of transfer", as well as an order to terminate labor contract and transmittal letter to the manager of the future place of work.

On the basis of this, an appropriate entry is made in the employee's work book. It must indicate the type of transfer: with the consent of the employee. Then the personal file, along with all the documents, is transferred to the archive.

How to properly transfer an employee

At each enterprise, situations sometimes occur in which an employee is faced with the need to change his labor function, transfer to another functional unit. There are many reasons for this need. And in each specific case, taking into account the type of translation and its reasons, a certain procedure for processing the documentation accompanying the translation is carried out.

Transfer to another job is a change in the labor function of an employee (permanent or temporary) or a structural unit (if the unit was fixed in the employment contract) in case of continued cooperation with the same employer and in case of transfer to other areas (due to moving or regular transfer to a branch) together with the employer.

Types of transfers

temporary and permanent transfers
transfers initiated by the employee/employer
transfer with the consent of the employee / without the consent of the employee.

It should be noted right away that an internal transfer to another job is permissible for implementation only with the written permission of the employee. There are only a few exceptions where written consent is not essential.

You can find out how to correctly draw up an employment order in the T-1 form and download its sample filling in

Exceptions that do not require written consent of the employee

moving an employee to another place or assigning him to another unit when the place of work is geographically located there;
assigning an employee to work on a new unit/mechanism (employee has not previously interacted with this device) in the event that these new duties do not contradict the employment contract concluded between the parties;
in case of emergencies and other exceptional situations that threaten the safety and normal life of the population (up to one month);
temporary transfer for up to a month to work, which is not stipulated by the employment contract (discussed in the section on temporary translation).

It is prohibited to transfer and move to a job that is contraindicated for an employee due to his health.

Temporary translation and its documentation

Temporary transfer of an employee is made in writing. Thus, the employee may be temporarily transferred by his consent for a period not exceeding one year to another position / to another structural unit.

In the case of a transfer in order for this employee to perform the functions of replacing another (temporarily absent) employee, the period for performing duties in a temporary position / in a functional unit lasts until the replaced employee leaves (legally retaining the place of work).

What is the procedure for issuing and filling out an appointment order CEO OOO - read

In the option when, at the end of the transfer period, the employee is not provided with his previous position, and he does not require restoration to previous work and continues it in a temporary position, an agreement on the temporary nature of the transfer is considered invalid, and the transfer begins to be considered permanent.

A sample application for an employee to transfer to another position within the LLC.

In case of natural/man-caused disasters, accidents at work, unforeseen accidents at work, etc. the employee has the right to transfer without his confirmation for up to a month to another job with the same employer to prevent the above and arranged consequences.

Temporary transfer of an employee without his consent is also carried out in the event of a temporary stoppage of the enterprise due to economic, technical, technological or other reasons. So in case of forced replacement of employees in emergency situations, a temporary change in the place of work of an employee is allowed.

In this case, if the forced position is lower than the present one in terms of qualifications, Written confirmation from the employee is required.

In this option, the employee's remuneration will be made according to the work performed, but at the same time it should not fall below the average for the previous job.

Application for a temporary transfer at the initiative of the employee

The starting point for the temporary transfer of an employee on his initiative to transfer to another position. The application indicates the reason for the desired transfer, the date of commencement and completion of work in a new position.
An instruction is being prepared for the position to which the transfer is being made. The employee is introduced to this instruction and other documentation related to his appointment.
In the case of a temporary transfer to work, a separate document is the recording of the employee’s consent / disagreement with the transfer.

An entry in the employment record about the transfer to another position - filling pattern:

Sample entry in the work book about the transfer to another position.