Temporary transfers: types, features and procedure for registration. How is the termination of a temporary transfer formalized? Notice of termination of temporary transfer

Hello! Situation: Employee A is on leave without pay until December 20, 2013. During his absence, employee B was transferred. During the absence of employee B, employee C was hired under a fixed-term employment contract. Employee A quits on the last day of vacation without pay (without going to work). The employer does not want Employee B’s temporary transfer to become permanent, because wants to transfer another employee to this position. Question: On what date and how can the temporary transfer of employee B be canceled and transferred to his previous permanent position. Thank you!!!

Answer

By written agreement of the parties, the employee can be temporarily transferred to any other job. In cases where an employee replaces another temporarily absent employee, the transfer lasts until the other employee returns to work.

If the transfer period for employee “B” is determined - until December 20, 2013 or “for the period of employee A’s vacation”, then employee “B” should be provided with his main workplace at the end of the temporary transfer period determined by the order, that is, from the next calendar day - 12/21/2013 (the day after the end of the transfer period: either the onset of 12/20/2013 or the end of vacation). For this purpose, the employer is recommended to issue an appropriate order to end the temporary transfer. In this case, the employee will actually begin work at the main workplace and familiarize himself with the order after the end of the temporary absence.

If these documents indicate that employee B is transferred for the period until employee A returns to work (and not for the period of the latter’s vacation or for the period until December 21, 2013, which was discussed above), then it turns out that employee A will not return to work (having quit on the last day of his vacation) and there will be no grounds for ending the temporary transfer of employee B, unless, of course, he himself demands it. In this case, there is a possibility that the temporary transfer will be recognized as permanent. In the latter case, it is advisable to conclude an additional agreement with the employee. an agreement to provide him with work in his original position, which will eliminate any risks. And on the basis of additional agreement, issue an order to provide the employee with work at the end of the temporary transfer and make a reference to this agreement.

As for employee C, the term of his employment contract is limited by the temporary absence of employee B from the workplace, and while employee B is absent, it is possible to continue the employment relationship with employee C until employee B returns to work. And only after employee B leaves, it will be possible to fire employee C and transfer another employee to this job.

Details in the System materials:

Answer: How to formalize 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

Temporary transfer without the consent (with the consent) of the employee

Without the consent of the employee, he can be transferred to a job of any qualification in cases where such a transfer is carried out in order to prevent or eliminate the consequences of:

natural or man-made disasters;

industrial accident;

industrial accident;

fire, flood, earthquake;

famine, epidemic, epizootic;

other exceptional cases threatening the life or normal living conditions of the entire population or part of it.

In addition, temporary transfer of an employee without his consent is also permitted in the following cases:

• the need to prevent destruction or damage to property;

  the need to replace a temporarily absent employee.

In this case, two additional conditions must be met:

The duration of the transfer, which is carried out without the employee’s consent, cannot exceed one month. Moreover, the number of such transfers and their frequency are not limited by law.

The employee’s work during the period of temporary transfer (both with and without consent) must be paid upon actual payment, but not lower than the average earnings for the previous job.

Documentary confirmation of the validity of the translation

In the event of a dispute about the legality of a transfer without the employee’s consent, the employer needs to prepare documents that will confirm the availability of the transfer (). As supporting documents, for example, certificates of emergency services employees, emergency incident reports, orders from the head of the organization on measures to eliminate the consequences of the accident, etc. can be used.

Temporary transfer order

Any temporary transfer (by agreement of the parties, without the consent or with the consent of the employee) is issued by order of the manager according to the unified (), approved, or according to.

Record of temporary transfer

Do not make an entry about the temporary transfer in the work book, but it can be made in the employee (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 by a certificate from the employer about the performance of the relevant work, an additional agreement to the employment contract on temporary transfer, etc.

Temporary transfer of a professional athlete

A temporary transfer of a professional athlete to another employer is possible if the following conditions are simultaneously met:
- the transfer is due to the inability to provide the athlete with participation in sports competitions;

• the transfer is carried out by agreement of the parties and with the written consent of the athlete;

  the transfer period does not exceed one year.

During the transfer with the athlete. In this case, the validity of the employment contract at the original place of work is considered suspended until the expiration of the fixed-term employment contract (i.e., the exercise of rights and obligations under the originally concluded contract is suspended). The original employment contract is renewed upon expiration of the temporary transfer period. During the period of temporary transfer, the validity period of the originally concluded employment contract is not interrupted.

The employer at the place of temporary work cannot transfer the athlete to another employer. If a fixed-term employment contract concluded for the period of temporary transfer of an athlete is terminated early, the initially concluded contract is valid in full from the next working day after the termination of the fixed-term employment contract.

If, after the expiration of the fixed-term employment contract, the athlete continues to work at the place of temporary transfer, the validity of the original contract is terminated. This rule applies only in the absence of demands for termination of a fixed-term employment contract on the part of the athlete, the employer at the place of temporary work and the previous employer. In this case, the validity of the employment contract concluded for the period of temporary transfer is extended for a period determined by agreement of the parties (in the absence of such an agreement - for an indefinite period).

This procedure for the temporary transfer of a professional athlete is established in the Labor Code of the Russian Federation.

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).

Ivan Shklovets
Deputy Head of the Federal Service for Labor and Employment

Situation: From what date should the employee be provided with his main workplace if the end of the temporary transfer period occurred during the employee’s illness

Transfer to the main place at the end of the temporary transfer period is also possible during illness.

The illness of an employee during the period of temporary transfer does not increase the period of transfer, including in a situation where the end of the temporary transfer falls directly on the period of illness. Therefore, the employee should be provided with his main workplace at the end of the temporary transfer period determined, that is, from the next calendar day. For this purpose, the employer is recommended to issue an end to the temporary transfer. In this case, the employee will actually begin work at his main workplace and familiarize himself with the order after the end of his illness. There will be no violation in this order. Such conclusions follow from the totality of provisions
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Is it possible to terminate the temporary transfer of an employee early?

Answer

The Labor Code of the Russian Federation does not determine the procedure for early termination of a temporary transfer. At the same time, by virtue of Art. 72 of the Labor Code of the Russian Federation, the terms of the employment contract determined by the parties can be changed by agreement of the parties. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.

Therefore, in order to formalize the early termination of a temporary transfer, it is necessary to conclude an additional agreement to the employment contract and issue an order to provide the employee with his previous place of work (see example below). After this, you can issue a new transfer according to the general rules.

If desired, you can combine the two procedures into one and draw up a single additional agreement and a single order, which will provide for both early termination of the temporary transfer and a new transfer to position B (permanent or temporary, always indicating the type of transfer).

Details in the System materials:

1. Answer: How to register 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 it can be made in the employee (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).

Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment

2. Forms: Order for early termination of temporary transfer

ORDER No. ______

________ ________2014

About early termination of temporary transfer ***

Based on the additional agreement dated ________ No. _____ to the employment contract dated _______ No. _____

I ORDER:

1. *** start work provided for by the labor contract

Agreement dated ___________ No. _____, in the position of ______________ since ___________2014.

2. The chief accountant *** with __________ shall accrue ***

Salary by position ____________

Registration of early termination of a temporary transfer to replace a vacationer 09/27/2016

The employee was issued a temporary transfer to replace a temporarily absent employee who is on parental leave. The main (temporarily absent) employee has not yet left, but there is a need for the replacement employee to return to his previous job. He agrees. How to arrange this?

As follows from the question, the period of temporary transfer has not yet come to an end, the replaced employee has not returned to work - according to Part 1 of Art. 72.2 of the Labor Code of the Russian Federation “by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with According to the law, the place of work is preserved until the employee returns to work.” Accordingly, this transfer does not end with the departure of the replaced employee. But the parties - the employer and the replacement employee - by mutual agreement can arrange a new independent transfer to the previous job. In this case, they will probably prefer to arrange a permanent transfer. The parties have the right to do this on the basis of Art. 72 and art. 72.1 Labor Code of the Russian Federation.

According to Art. 72 of the Labor Code of the Russian Federation “changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, except for cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.”

According to Part 1 of Art. 72.1 of the Labor Code of the Russian Federation “transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location with an employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code.”

So, for the early return of the employee to his previous position, the parties need to sign a written agreement to the employment contract. Then an order for transfer to another job is issued, which the employee is familiarized with in writing against signature.

The publication covers in detail the topic of transfers and movements of workers (permanent and temporary transfers, transfer to another job in accordance with a medical report, transfer of an employee together with the employer to another area and other features of the movement of workers). Everything is "laid out on the shelves." A lot of practical issues are considered, examples from personnel and judicial practice are given. The authors tried to cover as many questions as possible on the topic. The manual also provides numerous sample documents on the topics covered.

Benefit available only in electronic form with the possibility of self-printing.

Price 150 rubles

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In the previous issue of the Personnel Officer's Handbook, we examined the procedure for temporary transfer by agreement of the parties. In the current issue we will dwell on the consequences of its expiration. So, the period of temporary transfer, by agreement of the parties, ended with the arrival of the calendar date determined when the transfer was made, or with the event - the return to work of an absent employee, who, in accordance with the law, retained his place of work if the transfer was carried out to replace this employee. At the end of the transfer period, the employer must provide the employee with the previous job. A situation is possible when the employer wants the employee to continue working in the position to which the transfer was made, but for some reason the employee is not satisfied with this. In this case, he has the right to demand the provision of his previous job. Let's consider both of these options.

At the end of the transfer period, there are two options for providing the previous job. If the transfer period has expired and the parties have no reason or desire to continue the employment relationship for the job to which the employee was temporarily transferred, then the employer provides him with the previous job. If the transfer period has expired, but the employer for some reason does not provide the employee with the previous job, the employee himself may demand that it be provided.

Stage 1. Receiving an employee’s application for the provision of his previous job in the case when the work is not provided, and the employee demands its provision

The employee does not need to write an application when the period of temporary transfer expires when the main employee returns to work and the employer provides the employee with the same job. Also, this stage is absent in the case when the period of temporary transfer expires on a certain calendar date and the employer provides the employee with the same job.

In the event that, after the expiration of the temporary transfer period, the employee’s previous job is not provided for some reason, and he demands its provision, he can make a corresponding request to the employer. In large organizations, where it is customary to draw up internal documents on all issues, and also to ensure that his request is definitely considered, an employee can express his desire to be given his previous job in writing.

The employee’s application in this case is not a mandatory document. An employee can make an oral request to the employer to provide him with his previous job.

By the way

Step 1. Receive and register the employee’s application

An employee’s application for a previous job must be properly registered in a special accounting form designed for registering internal documents, for example in the Employee Application Register

Note! If an employee, at the end of the transfer period, demands that he be given his previous job, the employer is obliged to do so.

The application is registered on the day of receipt. The assigned registration number is indicated on the application.

Step 2. Send the employee’s application to the manager

To make a decision on the merits of the stated request, the application is sent to the head of the organization or other official who has the right to make a decision on changing employment contracts.

Step 3. We receive the employee’s application with the manager’s resolution

The resolution of the head of the organization or other authorized official on the employee’s application identifies the employee who is entrusted with drawing up a draft order on the provision of the previous job.

Step 4. Submit the employee’s application to the case

After the employee responsible for drawing up the draft order has familiarized himself with the employee’s application and the employer’s resolution, a mark is placed on the application to send it to the case. The mark includes the words “For file” and the file number in which the document will be stored. The note must be signed and dated by the employee filing the document.

A note about sending the application to the file is also made in the registration form.

By the way

Stage 2. Issuing an order to provide the employee with his previous job

Note! The procedure for providing previous work is not regulated by labor legislation.

At the end of the transfer period, the employer can provide the employee with the previous job. Obviously, the provision of previous work must be done in writing, otherwise in the event of a dispute, the employer will not be able to prove that the employee was provided with the work provided for in the employment contract.

Step 1. We draw up a draft order

The order (instruction) of the employer to provide the employee with the previous job is drawn up in any form. The order states that from a certain date the employee must begin to perform the duties stipulated by his employment contract in connection with the expiration of the temporary transfer to another job.

Step 2. Sign the order

An order to provide an employee with his previous job is signed by the head of the organization or another authorized person.

Step 3. Register the order

An order to provide an employee with his previous job must be registered in a special accounting form, for example, in the Register of Orders for Personnel.

The corresponding registration number and registration date are indicated on the order.

Step 4. Introduce the employee to the order for signature

The employee must be familiarized with the employer's order to provide the previous job against signature. Employees to whom the instructions in the text of the order are addressed should also be familiarized with the order.

Step 5. We send the order to the case

An order to provide an employee with his previous job is an order for personnel, which is stored separately from orders for the main activity. A note is made in the lower left corner of the order regarding the sending of the order to provide the previous work to the file. A note about sending the order to the case is also made in the registration form.

Stage 3. Providing the employee with the previous job

The employee is provided with the work provided for in his employment contract on the day specified in the employer’s order.

Stage 4. Recording information about the employee in the work time sheet

The employer is required to keep records of the time actually worked by each employee.

To record the time actually worked by the employee, a timesheet for recording working time and calculating wages (form No. T-12) or a timesheet for automated processing of accounting data (form No. T-13), approved. Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Labor Code of the Russian Federation, if the notice of changes in the terms of the employment contract does not list all upcoming changes? — Is dismissal legal under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation, if the reasons of an organizational or technological nature that led to the need to change the terms of the employment contract were not indicated in the notification? — Is dismissal legal under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation, if an employee refused to continue working due to a decrease in the scope of job responsibilities and the amount of remuneration? — Is dismissal legal under clause 7, part 1, art. 77 of the Labor Code of the Russian Federation, if the employee refused to continue working due to clarification (specification) of job responsibilities? — Is dismissal legal under clause 7, part 1, art.

Is it possible to terminate the temporary transfer of an employee early?

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower paid job), which the employee can perform taking into account his health conditions; at the same time, the employer is obliged to offer the employee all vacancies that he has in the given area that meet the specified requirements; The employer is obliged to offer vacancies in other localities if this is provided for in the collective agreement, agreements, or employment contract (part three of Article 74). In the absence of suitable work or the employee refuses the offered work, the employment contract is terminated according to clause 7 of part one of Art.

Ivan Shklovets: the labor code will be amended in the interests of companies

Labor Code of the Russian Federation, if an employee’s refusal to continue working is associated with an increase in the scope of job responsibilities carried out in accordance with the qualification characteristics of the position in the Qualification Directory? In the event that, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be preserved, they may be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. The employer is obliged to notify the employee in writing of the terms of the employment contract determined by the parties, as well as the reasons that necessitated such changes, in writing no later than two months, unless otherwise provided by this Code.

We change the employment contract if working conditions have changed

Registration date: 02/09/2015 Messages: 17,882 Re: Dismissal of women on maternity leave Article 74 The employing organization was reorganized and “moved” to another area (to another region of the Russian Federation). At the time of these changes, one of the employees was on maternity leave to care for her first child, and then, without going to work, she gave birth to her second child and is now on maternity leave.

Attention

There is no branch of the company in the city where the employee lives. How can I terminate my employment contract with her? First of all, we note that in accordance with part five of Art.

Art. 74 TK RF or “forgot” to translate

Info

Termination of a temporary transfer After the end of the transfer period, it is advisable to issue an order to provide the employee with the previous place of work, 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 (part 1 of article 72.2 of the Labor Code of the Russian Federation). Such an order does not have a unified form, so compose it in any form.

According to the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing. However, the condition on the structural unit specified in the employment contract (provided that a change in the labor function does not occur) can be changed at the initiative of the employer in the manner prescribed by Art.

74 Labor Code of the Russian Federation. However, this is allowed only if there are reasons related to changes in organizational or technological working conditions, when it is impossible to maintain the previous condition on the structural unit in the employment contract (see also paragraph.

If there is no such job, the employer is obliged to offer the employee an existing vacant lower position or lower-paid job that the employee can perform in accordance with his qualifications and health status. In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements.

That is, it is meant that the employer is obliged in this situation to offer the employee appropriate vacancies not only directly in the organization in which the employee is employed, but also in its structural divisions, if they are located in the same area. If there are vacancies in structural units located in other locations (for example, in a branch or representative office of an organization), the employer is obliged to offer them if this is provided for in the collective agreement, agreements, or employment contract.

Ivan Shklovets termination of temporary transfer Article 74 of the Labor Code of the Russian Federation

New mandatory clauses will have to appear in the employment contract. For example, it will need to state that the employee’s work is traveling.

Will such rules have retroactive effect? After all, they will improve the situation of the staff. – As a general rule, new provisions of the code apply only to legal relations that arise after the adoption of the new edition. And if employees are already working, the company will be obliged to introduce new conditions into the employment contract.
After all, they have become essential and mandatory. If previously these conditions were regulated by other legal acts and were not present in the employment contract, this does not mean that they could not be fulfilled. Therefore, if the employer does not change contracts with employees, he will violate labor laws.
– Thanks to the changes in paragraph 3 of Article 68 of the Labor Code, the conditions for employment will change.
In part one of Art. 74 of the Labor Code of the Russian Federation does not disclose what should be understood as reasons associated with changes in organizational or technological working conditions. Instead, the legislator just gives an approximate list of them: changes in technology and production technology, structural reorganization of production, and other reasons.

The Plenum of the Supreme Court of the Russian Federation supplemented this list with the improvement of workplaces based on their certification. However, based on this indicative list, it is quite possible to conclude that the law deals with circumstances that lead to such significant changes in the organization of labor of workers or the technology of the production process itself that the previous terms of employment contracts determined by the parties can no longer be objectively preserved In any case, only the court can ultimately recognize the existence of such reasons, taking into account all the circumstances of the case.

Entry of temporary transfer Do not make an entry of temporary transfer in the work book, but it can be entered into the employee’s personal card (clause 4 of the Rules approved by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225, section 1 of the instructions approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). 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 by a certificate from the employer about the performance of the relevant work, an additional agreement to the employment contract on temporary transfer, etc.

n. The courts take a similar position (see, for example, the ruling of the Perm Regional Court dated August 14, 2013 No. 33-7587).
An analysis of law enforcement practice allows us to conclude that, if there is sufficient documentary evidence, the legality of employers’ application of the procedure established by Art. 74 of the Labor Code of the Russian Federation, when making a decision to move a structural unit to another area, is not refuted by the courts. So, for example, the court, having established that in the case before it there was a change in the terms of the employment contract, namely the plaintiff’s place of work in connection with the relocation of a structural unit to another address distant from the original location, the court changed the wording of the plaintiff’s dismissal to clause
7 hours 1 tbsp. 77

Labor Code of the Russian Federation (cassation ruling of the St. Petersburg City Court dated November 9, 2011 N 33-16705/2011). In the ruling of the Investigative Committee for civil cases of the Moscow City Court dated March 14, 2012 No. 33-7485, the court confirmed the legality of applying the procedure established by Art.