Difficulties in unified processing of employee transfers. Sample order for transfer to another position Order for transfer t 5

B) be earlier than the date of transfer (i.e. the order can be issued in advance):


c) be later (i.e. an order legally fixes an event that has actually happened). In this case, a transfer order is obtained, which has retroactive effect:






or the word “temporarily” is written if it is impossible to calculate the moment the transfer ends (by analogy with an employment order), for example, in the case of a transfer to replace a sick employee:


Finally, this cell can be left blank. This in itself shows that the exact end date of the temporary transfer period is unknown:




The case depends not only on the desire of the personnel officer, but also on the way the unified form is filled out: manually (then most likely an entry will be made in the accusative case) or using a computer program (which generates orders in the nominative case).
The personnel number is indicated if employees of the organization are assigned personnel numbers. Otherwise, this cell is left blank or a dash is put in it.
2.6. Next, you must specify whether the employee is permanently or temporarily transferred to another job:


Entering this information into the unified T-5a form is very problematic due to the lack of a special column in which the words “permanently” or “temporarily” could be entered. In this unified form, only the start and end dates of the transfer are “normally” entered:

However, you still need to specify the type of translation in some way. The most acceptable options are listed below.
If necessary, the words "permanently" and "temporarily" can be shortened so that the text with a font size of 12 pt fits into the cells:




To avoid these difficulties, you can simply not use the T-5a form, making out all transfers only with orders in the T-5 form.
Finally, it is possible to introduce an additional column into the unified form T-5a, which, apparently, is the most successful solution to the problem*:


2.7. It is especially necessary to take revenge that a situation is quite possible when a temporary worker with whom a fixed-term employment contract is concluded is constantly transferred to another job. A permanent translation is a translation “forever”, i.e. in this case, the employee does not retain his former place of work (position) and he will not be returned to this job at the end of the transfer period. This can happen with a temporary worker, and his employment contract remains fixed-term.
However, the end of the transfer here is determined by the end of the term of the employment contract, and if this date is not indicated in the order, a labor dispute may arise: the employee will argue that if he was already transferred permanently without specifying a period, then he now works in the organization on an ongoing basis .
Therefore, the fact that both the start date and the end date of the transfer are indicated in the order does not mean “by default” that the transfer is temporary. This may be a permanent transfer until the expiration of a fixed-term employment contract. Therefore, it is imperative to indicate the type of transfer as in the order prepared on the basis of the T-5 form:




2.8. The structural unit and position (for an employee) or profession (for a worker) are entered in the order in strict accordance with the organization's staffing table, taking into account the following rules:
a) if the employee is transferred to another unit and to another position (profession), all data will be different:


b) if the employee is transferred to another unit for the same position, this position name is indicated twice - both as the previous one and as the new one:


c) if the employee is transferred to another position (profession) in the same division, the name of this division is indicated twice - both as the former and as the new one:


d) in cases where other terms of the employment contract change - not the position / profession and not the structural unit - the same names are indicated both as “former” and as “new”:


2.9. When discussing the procedure for issuing transfer orders, students of seminars and the “HR School” ask the most questions about filling in the “reason for transfer” line.
In order to understand what entry should be made on this line, it is necessary to answer the question why the employee was transferred. The reasons may be the following.
1) The employee, knowing that there is an interesting vacancy for him, asks for a transfer himself:
a) if he expressed his desire orally and the management agrees to the transfer, it is the desire of the employee that is recorded in the order:


b) if the employee wrote an application for transfer, then a reference is made to this document:


In this case, the surname and initials of the employee may be indicated (which is not mandatory, since this information is already in the order):


2) The initiator of the transfer of an employee to another job may be the head of the structural unit:
a) the head of the department can also express his opinion orally to the head of the organization and, having received his consent and also enlisting the oral consent of the employee, offer the personnel department to draw up documents for translation. After that, the personnel officer prepares an additional agreement with the employee and a draft transfer order. The line "reason for transfer" in this case again reflects the true state of affairs:






3) In addition, the idea of ​​the transfer could have come from the CEO himself (the head of the organization). Then the entry in the line in question will look like this:*


4) Finally, the transfer could be made for a reason provided for by labor law. In many cases, according to the Labor Code of the Russian Federation, the dismissal of an employee both on general grounds (clauses 7 and 8 of article 77), and on the initiative of the employer (clauses 2 and 3 of article 81) or due to circumstances beyond the control of the parties ( 2, 8, 9, 10) is possible only after the employee is offered another job suitable for him (of course, if there are such vacancies in the organization). If the employee agrees to the proposed vacancy, then the wording of the reason for the failed dismissal is used in the transfer order in the line "reason for transfer":









5) Translation under Art. 74 of the Labor Code of the Russian Federation (for reasons related to changes in organizational or technological working conditions) can be, in particular, drawn up as follows:




If the employee refuses to continue working in the new conditions, he is subject to dismissal under paragraph 7 of Art. 77 of the Labor Code of the Russian Federation in connection with the refusal to continue work in connection with a change in the terms of the employment contract determined by the parties. However, such a dismissal can be carried out only after the employee is offered another job (both a vacant position or a job corresponding to the employee’s qualifications, or a vacant lower position or a lower-paid job), taking into account the state of his health (if there are corresponding vacancies in the organization’s staffing table). At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other areas if it is provided for by the collective agreement, agreements, labor contract (part 3 of article 74 of the Labor Code of the Russian Federation).
If the employee agrees to the offered job, the line "reason for transfer" in the transfer order can be formatted, for example, as follows:


6) Other changes in the terms of the employment contract must also be clearly, clearly and unambiguously reflected in the line "reason for transfer":




7) In relation to an employee who has concluded a fixed-term employment contract with the employer and continues to work after the expiration of this contract, since none of the parties demanded the termination of the employment relationship, a transfer to a permanent job must be issued. In accordance with Part 4 of Art. 58 and paragraph 2 of Art. 77 of the Labor Code of the Russian Federation, the condition on the urgent nature of the employment contract in this case becomes invalid and the employment contract is considered concluded for an indefinite period and, as for some reason, many believe, it is extended “automatically”. However, this is the wrong approach: the actual extension of the contract must be formalized legally, i.e. documented. An additional agreement to the employment contract must be signed with the employee on recognizing the employment contract as concluded for an indefinite period, and on the basis of this additional agreement it is necessary to issue an order to transfer to a permanent job. In this case, you can make an order in an arbitrary form (like this: “Consider such and such a person accepted for permanent work in such and such a position in such and such a department”). However, it is much easier to make an order based on the unified T-5 form, in which the reason for the transfer should be recorded:


8) The reason for the temporary transfer must also be indicated in the order. Temporary transfer is made by the employer on the basis of Art. 72.2 and 73 of the Labor Code of the Russian Federation. In the title and in the text of Art. 72.2 states that a temporary transfer is possible if it is necessary due to extraordinary circumstances in the cases listed in parts 2 and 3 of this article. Thus, the reason for the transfer must be stated clearly, clearly and unambiguously. It should be clear which fact or which particular event of those provided for in the law made the employer decide to transfer the employee.
8.1) The vague expression "production necessity", used earlier, before the adoption of amendments to the Labor Code of the Russian Federation, does not make it clear whether the transfer was made within the framework of the law, or the employer exceeded his authority. Therefore, it is necessary to describe the situation in detail.
Thus, the following method of issuing a temporary transfer related to an emergency can be considered incorrect:


The correct execution of an order can be recognized only in cases where one of the following situations is indicated as the reason for the transfer:
. prevention of destruction or damage to property due to:
. disasters of a natural or man-made nature (specify which one);
. industrial accident (indicate which equipment or in which department);
. accident at work (specify which one);
. fire;
. floods;
. hunger;
. earthquakes;
. epidemics or epizootics;
. the occurrence of these emergency circumstances;
. downtime (temporary suspension of work due to economic, technological, technical or organizational reasons) under the above emergency circumstances (indicate the reasons and possible consequences of downtime); any exceptional cases that endanger the life or normal living conditions of the entire population or part of it (specify what exactly happens).




8.2) One of the cases under Art. 72.2 of the Labor Code of the Russian Federation, is the temporary absence of any employee in the emergency circumstances discussed above. Very often, when making a transfer to another employee in his place, the order indicates the reason for the transfer incorrectly or too generally, which can lead to labor disputes.
In the memory of the author there was such a case. The secretary, who was transferred to the position of a sales manager with the wording in the order “to replace a temporarily absent employee”, refused to return to her duties as a secretary after returning to work after the illness of this employee. She motivated her refusal by the fact that another sales manager was on vacation at the moment. Consequently, she sincerely believed that the order for her transfer to the position of sales manager during the employee's absence had not ended. Thus, given the vagueness of the wording in the order and the large number of sales managers in the company, it could well turn out that our heroine would work as a sales manager indefinitely. Fortunately, we managed to painlessly solve this problem by finding an opportunity to negotiate with the employee.
So, in order to avoid violations of the law and the occurrence of such conflicts, it is necessary to accurately indicate the reason for the transfer to replace a temporarily absent employee (indicate the possible adverse consequences of the employee’s absence, the reason for his absence, as well as the surname and initials of the absent employee), for example:


8.3) Other cases of replacing an absent employee are provided for in Part 1 of Art. 72.2 and are possible now, with the entry into force of amendments to the Labor Code of the Russian Federation, only by agreement of the parties, concluded in writing.
In particular, subject to the consent of the parties, the employee may be temporarily transferred to another job with the same employer for up to one year. If 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 the transfer period is extended until this employee returns to work. The reason for such a transfer must also be specified specifically, indicating the reasons for the absence, as well as the last name and initials (or full name and patronymic) of the employee in whose place the transfer is made:


It should be remembered about the novel of the Labor Code of the Russian Federation, according to which, if at the end of the transfer period the previous work is not provided to the employee, but 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. Therefore, a written confirmation of the provision of the previous job to the employee is necessary.
It seems that in this case, the employer (personnel department) can get by with a written notification that from such and such a date the employee begins to perform his duties at the previous (before transfer) place of work (position). However, it is well known how difficult it is for an employer to win a labor dispute in court and how important it is for him to protect himself as much as possible by creating a solid evidence base in case of a conflict.
Therefore, at the end of the temporary transfer to replace the temporarily absent employee, we recommend issuing an order for the permanent transfer of the replacement employee to his previous job. In this case, the line "reason for transfer" can be formatted as follows:


As readers have probably already noticed, when considering the line “reason for transfer”, an example was never given using the unified form T-5a. The fact is that there is no such column in the form of an order to transfer several employees:


What to do if you need to transfer several employees with one order? The actions will be similar to those discussed when considering the execution of employment orders in the context of the requisite “Conditions for employment, nature of work”, available in the T-1 form and for some reason missing in the T-1 form a. In other words, we either simply do not use the T-5a form, issuing an order for each employee, or we introduce an additional column * into the T-5a form:


2.10. The next requisite in the transfer order is the “Salary Amount” of the employee (s).
When making a permanent transfer, of course, the personnel officer must indicate in the order the amount of salary or tariff rate and the amount of allowances in accordance with the organization's staffing table:


However, often when making a temporary transfer, the personnel officer does not have all the information necessary to fill in this requisite.
According to part 4 of Art. 72.2 of the Labor Code of the Russian Federation in the event of a temporary transfer due to an emergency, the employee's remuneration is made according to the work performed, but not lower than the average earnings for the previous job, i.e. of the two possible options, the employee should be paid the larger one. It is not possible for an employee of the personnel department to accurately calculate what is more - the salary for the work performed or the average salary for the previous job.
Consider the situation when the loader of the warehouse of finished products is transferred by the stoker to the boiler room. The salary of a stoker, according to the staffing table of the organization, is higher, therefore, in the order for a temporary transfer, the personnel officer will indicate exactly this salary. But the loader in the past accounting year received bonuses, which the accounting department necessarily takes into account when calculating his average earnings and due to which his average salary is higher than the salary of a stoker. Thus, if only the salary of the stoker is indicated in the order for a temporary transfer, then the rights of the employee may be infringed, and the employer organization, as well as the director of the organization who signed the order personally, become violators of labor legislation *.
Of course, it is assumed that the accountant who calculates the wages of employees is aware of the requirements of labor legislation. However, this assumption is not always confirmed in practice. Therefore, in the temporary transfer order, it is necessary to specify exactly how the wages of the transferred employee should be paid in these cases. In the corresponding cells, of course, the amount of salary for temporary work is indicated. However, you can also make a hint for accounting by placing it on the line "reason for transfer", for example:


You can enter this text in the line “position (specialty, profession), rank, class (category) of qualification” at the new place of work, for example:


You can also place this hint in the details of the employee's remuneration:


And then it’s up to the accounting department to make a calculation and pay the employee the correct amount.
You can, of course, go the other way: first request the accounting department to calculate the average salary of the transferred employee and indicate the required amount in the transfer order, but this is unnecessary complexity for both accountants and personnel officers.
In case of a temporary transfer to replace a temporarily absent employee on the basis of Part 1 of Art. 72.2 this problem does not arise, since the transfer is carried out under a written agreement of the parties to the employment contract, which should contain the agreement of the parties on the amount of payment for the period of transfer.
2.11. The last requisite of the transfer order is the “Basis” for issuing the order. This attribute must necessarily contain a reference to a document that confirms the fact or event indicated as the reason for the transfer.
1) Permanent transfer involves changing the terms of the employment contract and therefore is possible only with the consent of the employee, it is necessary for both parties - the employee and the employer - to sign a document that will change the content of the employment contract. This is provided for in Art. 72 of the Labor Code of the Russian Federation, which prescribes that 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 this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
Also, an agreement is concluded in writing between the employee and the employer in the event of a transfer to replace a temporarily absent employee (except for transfer in emergency situations).
In the unified forms, the name of the document "Change to the employment contract" is laid down. Indeed, a document signed by the parties may also bear such a name. In this case, it remains only to enter the details of "Changes" in the order:


However, this document can be called, for example, an "addition to an employment contract." Then it will already be categorized as "other documents":


Most personnel officers have developed the practice of making changes and additions to employment contracts by drawing up additional agreements, which are also considered as “other documents”:


However, it is not so important how this document will be called: “change”, “addition”, “additional agreement” or something else. It is important that only he can serve as a legal basis for issuing a transfer order in the above cases. That is why it is not necessary to indicate any document as the “reason for transfer” in the order for a permanent transfer (employee’s application for transfer, submission for transfer, memo, etc.), but you can also indicate the oral will of both the employee himself and head of a department or head of an organization.
There can be only one exception: a permanent transfer to another job, made on the basis of a medical report. The fact is that a medical report, which states that an employee cannot perform work under an employment contract or is able to work, for example, only part-time, is mandatory for both the employee and the employer.
Therefore, having received such a medical opinion from doctors (after the employee has passed mandatory medical examinations) or from the employee (in other cases), the employer, if there are appropriate vacancies, must offer the employee another job that suits him in terms of qualifications and health status. In this case, the employee is provided with a list of vacancies for a certain date indicating the names of positions (professions), main functional duties, working hours, wages and other mandatory terms of the employment contract (if they differ from the current ones during the transfer). If the employee in writing (in the form of a signature on consent on the list) agrees to be transferred to one of the positions or professions indicated in the list, then drawing up an additional agreement is no longer mandatory:


2) In the case of a temporary transfer, in cases where the consent of the employee is not required, it is enough to provide in the “Reason” the details of the document (or documents), which contains confirmation that the fact or event provided for in Art. 72.2 of the Labor Code of the Russian Federation did take place. The basis for issuing an order may be an act fixing the fact of an accident, an accident and other situations listed in parts 2 and 3 of this article, a memorandum on the threatening state of equipment, etc.




In the event that a temporary transfer requires the mandatory consent of the employee (transfer to a job requiring a lower qualification, or to replace a temporarily absent employee), the employee may be given a transfer offer describing the main conditions of temporary work (position name, main duties, working hours). , the amount of payment and others that are mandatory for the employment contract and change during a temporary transfer), on which he fixes his consent:


Or after oral negotiations with the employee, during which he expressed his consent to the transfer, the personnel officer invites him to write a statement of consent, which should also contain all the conditions of temporary work indicated above:


However, in cases where a temporary transfer cannot be made without the consent of the employee, i.e. when transferring to a job that requires lower qualifications, or when transferring to replace an absent employee, the most convenient and reliable way to formalize the employee's consent to a temporary transfer is, as court practice shows, an additional agreement to the employment contract (as with a permanent transfer):




The basis for issuing an order to transfer to the previous job at the end of the temporary transfer is the order by which the employee was transferred to a temporary job: