Sample report on transfer to another position. Sample application for transfer to another position

When needed

Military personnel, unlike civilians who are subordinate to the Labor Code of the Russian Federation, are assigned to positions and released from them according to a special procedure provided for in Art.
43 Federal Law “On Military Duty and Military Service” and Section IV “Regulations on the Procedure for Military Service”. Based on the provisions of these regulations, an officer may be transferred to a new duty station for the following reasons:

• business necessity;
• career advancement;
• in connection with organizational events;
• in connection with enrollment in postgraduate studies, military doctoral studies, or another military educational institution and expulsion from it;
• in connection with a planned replacement;
• if a punishment is imposed in the form of a restriction on military service;
• for health;
• for family reasons and personal request.

At the same time, the serviceman’s consent is not required for movements at the initiative of the command, and he does not need to submit a report on transfer to another unit.

But there are cases when an officer can be transferred to another place only with his consent:

• the health status of the employee or family members living with him does not allow him to live in the climate of the new duty station;
• the officer's family members cannot move with him;
• There are relatives who require care, which makes moving impossible.

If the initiative to move to another position comes from the serviceman himself, then he must present his request to the command and obtain permission from him. For this purpose, a corresponding report is drawn up.

In addition to changing duty stations, a service member may want to take another position, either equivalent or higher. In this case, he must submit a corresponding petition, and the decision on the advisability of such a move is made by the command of the unit based on the results of the certification, which is carried out by a specially assembled commission.

The transition to another position can be either permanent or for a limited period. If it is temporary, the report on transfer to another military unit must include information about its duration.

Although employees of the Ministry of Internal Affairs are subject to other laws and regulations, if they wish to change their place of work, they must submit a corresponding petition. It is formalized according to approximately the same rules as for the military.

https://youtu.be/I9a0hOuEGTg

Procedure for transfer to another position

A transfer is considered to be a change in the functions performed by an employee. Sometimes it involves repurposing an entire department, and sometimes it is only a temporary measure. The transferred subordinate still reports to the same employer

.

There are temporary and permanent types of transfers.

The following cases are not considered a transfer:

• change of workplace (office, transition to remote work) with the same boss while maintaining the same functions;
• change of a working tool, machine, mechanism, machine tool, if it does not require a change in the employment contract.

The indicated cases do not require preliminary familiarization with the employee’s signature, so management has the right to present him with a fait accompli.

Each real transfer with a change of duties has a number of conditions that must be observed by both parties, and therefore must be agreed upon with the employee.

Constant

A permanent translation can be called:

The transfer can be initiated by both the boss and his subordinate. But its implementation is possible only after achieving complete mutual understanding between the parties.

Permanent transfer without the written consent of the employee is impossible!

Consent can be expressed in free form either in a separate statement from the employee, or directly on the boss’s proposal document.

To transfer a subordinate, the employer must complete several mandatory steps.

1. As working conditions change, the employment contract must also change. There is no need to rewrite it completely; it will be enough to conclude an additional agreement between the parties. The new document should indicate the full name of the new position, changed working conditions, requirements and responsibilities, as well as the amount of payment. The employer makes sure that the agreement is in the form of two originals. One remains with the boss, the second with the employee. The subordinate is obliged to confirm receipt of his document by signing a copy of the superior
   .
2. Issue an order in Form N T-5.
3. Within a week after the order is issued, write down its details in column 4 of the work book. Indicate the fact of the transfer there.
4. Enter the data in the personal card, section 3. Take a signature from the subordinate stating that he is familiar with this information.

Sometimes a transfer requires the signing of an employment contract with a certain validity period. To avoid possible problems due to the fact that the new contract has limited validity, the best option is to terminate the existing one and sign a new one with the employee.

Temporary

With this type of job change, a person changes work functions for a certain period of time.

Such translations imply:

• changing from one job to another. Consent of both parties is required. If a person works or plans to work in another position for more than a year, the transfer loses the right to be called temporary;
• transfer to replace an employee who is temporarily unable to perform his duties (for example, is on maternity leave). In this case, a specific period may not be specified; instead, the wording “until employee N goes to work” is used;
• translation according to medical or other indicators, recorded by relevant reports. This type of transfer may subsequently become permanent.

The registration procedure is almost no different from permanent translations. Required:

• order form N T-5;
• two certified copies of the addendum to the agreement concluded between the boss and the subordinate at the beginning of the latter’s work;
• mark in the third section of the employee’s card.

However, it is not necessary to record changes in labor

.

Situations cannot be excluded when the approved period has come to an end, but the person does not want to return to the previous position

.
If the subordinate is satisfied with everything, but there are no objective reasons to return him (for example, the employee being replaced decided to quit), the temporary transfer agreement becomes permanent. To avoid legal misunderstandings, it is better to record such changes in an additional agreement to the employment contract
.
On its basis, the boss issues an order in free form, containing a statement of the fact that the temporary transfer is now considered permanent. also need to make an entry in the labor record
.

Often, a new job requires lower qualifications, which require corresponding payment.

For a month from the date of transfer, the subordinate’s salary from his previous position must be maintained.

If such a transfer is associated with temporary disability

caused by a work injury or other work conditions, the previous salary is maintained until the subordinate recovers, or until the loss of ability to work becomes permanent.

If the new job will pay less, the employer is obliged to notify the employee about this under signature

.

The boss is obliged to temporarily transfer a subordinate to another job if:

Sometimes an employee does not have the opportunity to interrupt her leave to care for a newborn or work part-time shifts.

. The employer has no right to force her to interrupt her vacation. You can complete the required documents by sending a courier to the employee. Lawyers also strongly recommend that the woman be familiarized with the new instructions for her position so that additional or changed work responsibilities do not come as a surprise to her. This should be done before the agreement between the parties is signed.

The employment contract is terminated

, if the employee refuses a temporary transfer for four months or longer. If a subordinate requires a transfer for a shorter period of time, he has the right to refuse the position offered by the employer, but the boss cannot fire him. In such cases, the employer retains the position of the person, suspends him from work for the required period and does not pay him a salary.

How to write a transfer report

There is no unified form for such documents. It is customary to include the following information in a report on transfer to another unit:

1. Addressed to: Full name, military rank, position.
2. Officer details: full name, military rank, position, personal number.
3. Date of preparation.
4. The essence of the request: an indication of the position or details (address, number, name) of the unit where the serviceman wants to go, the reasons for the move.
5. Legal justification for such actions (usually Article 15 of the Regulations on the Procedure for Military Service).
6. List of applications.

The report for transfer to another battalion (regiment, division, etc.) may include other information necessary to strengthen the position of the officer wishing to change his duty station.

Sample report on the transfer of the Ministry of Internal Affairs from the region to Moscow

After the case is received at the department of internal affairs, where the employee is transferred, the personnel consider it and, in case of a positive decision, within 3 working days from the date of such decision, they send a request for secondment to the Main Directorate of the Ministry of Internal Affairs.
In case of refusal to transfer the employee, the personal file is returned no later than 3 working days from the date of the decision, of which the employee is notified in writing within the same period.

Perhaps someone will say that the best way to resolve the issue is not to swear, but there are urgent cases when it is necessary to transfer and at the same time teach not very reasonable managers a lesson. Yes, threats of legal action are not equally useful for all managers; this can lead to penalties and other consequences.

Upon his arrival at the new department, the case is studied by personnel. After which, if the employee is satisfied with everyone, the report is agreed upon with a number of managers.

Translation report sample form

Important

In this case, translation is rarely refused. But if this happens, all that remains is to go to court. You can simply talk like a human being with the commander of the unit and the head of the unit, who will most likely be able to meet with the employee or military man, since we are all human and everything human is characteristic of us.

Nowadays, a simple conversation can solve more problems than formal statements and requests processing. Human feelings are stronger than the official bureaucratic process, so no one forbids using them. In this article, you learned what a report for transfer to another department is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave a request on our website and our lawyers will call you back.

Report on transfer to another unit

Sample of filling out the report and what should be reflected in it:

• At the top, in the header, it is written to whom the report was sent, that is, the commander of the unit or the head of the internal affairs department, his full name, and the number of the unit or unit. In addition, in the same place the position, rank, full name of the person writing the report, date of preparation and signature are indicated.
• In the middle of the document, the word “report” must be written in small letters.
• Next comes the text in which the employee, as well as the military man, asks to be transferred to a unit, repeating the data indicated in the header, as well as indicating the military unit and unit to which he intends to transfer.
• Then, compelling reasons for making the transfer are indicated.
• Next, you need to indicate the legislative basis for the transfer; for the military, this is federal law number 44 adopted in 1998, and Article 15 of federal law number 53.

Relation of the commander of the military unit No. position Full name 3. (other documents) Position, rank signature, full name Note: The report must be submitted to your immediate commander. Be sure to attach documents confirming the need for translation.

Attention

You can attach both medical documents and documents from social services to the report. The reasons stated in the report must correspond to the documents provided.

If the reasons are really compelling, and the command refuses to transfer, especially if there is a relationship from another unit, the refusal can be appealed to a higher command, and then in court.

The second is to write a report in 2 copies and send the 1st copy of the report to the boss through the office, and keep the 2nd copy with the secretary’s record of receiving the first one. Wait for the boss’s response, i.e. his resolution on a report with an official refusal (there is no legal refusal under the above-mentioned family circumstances) and reasons for the refusal.

Appeal the decision to refuse a transfer to court. Along the way, you can write to the Minister of the Ministry of Internal Affairs, file a complaint with the prosecutor’s office about violations of the law by the department’s management and ask to take action against the specific manager who refused the transfer. You can go to your boss personally with a report and demand that he write the reason for the refusal; most likely he will not write it.

It happens that the boss secretly instructs the staff to slow down the sending of personal files as much as possible.

Report on the transfer of the Ministry of Internal Affairs from the region to Moscow

Report on transfer to another military unit (sample and note) Details lawyer Yulia Didukh 93521 To the commander of the military unit No. Full name of the commander From_(position, rank, full name) From Date Report I ask you to petition the higher command for the transfer of me (position, rank, full name , personal number) to military unit No. for the position, due to the fact that (Indicate the reasons why a transfer to another unit is needed. In this case, personal circumstances. For example, the health status of family members, the transfer of a family member to another district, the need caring for incapacitated parents, etc.) Based on Article 44 of the Federal Law “On Military Duty and Military Service” dated March 6, 1998 No. 53-FZ and Article 15 of the Regulations on the Procedure for Military Service. I am attaching to the report the following documents confirming the need for translation: 1. Certificates about the health status of relatives 2.

Source: https://tk-advokat.ru/2018/04/19/obrazets-raporta-na-perevod-mvd-iz-regiona-v-moskvu/

How to submit

In practice, the following procedure for submitting a transfer report has developed:

1. The military man draws up a petition in 2 copies, including all the necessary information. It is also advisable to attach documents confirming the need for relocation.
2. The document is submitted to the immediate superior.
3. After the commander’s resolution, the report is transmitted to the unit’s command, which evaluates the situation and makes a decision. The total review period is 1 month.
4. If the decision is made in favor of the military man, the unit’s command draws up all the necessary documents.

It should be noted that the likelihood of a positive decision directly depends on how convincingly the serviceman was able to justify the need to move, and the place where he wants to go. A report on transfer to another company within one unit will be granted with a higher probability than a request to transfer to another district.

What to do if refused

It should be understood that military service under a contract, in addition to benefits, also carries certain restrictions, including in the choice of place of work.

In accordance with Art. 11 of the “Regulations on the Procedure for Military Service”, officers holding senior positions have the right to independently decide on the appointment of subordinates, i.e., a refusal to a serviceman’s request is possible both from the immediate superior and from the command of the unit.

To reduce the likelihood of such a refusal, it is necessary to independently find a new duty station and obtain the consent of the command of the “new” unit to accept it. For this purpose, a special document is drawn up - a relationship. It records the existence of a vacant position and confirms the possibility of enrolling a serviceman in it.

Sample additional agreement

You can below:

Sample additional agreement to an employment contract

Permanent and temporary transfers differ in that with permanent transfers, the employee not only receives new job functions on a permanent basis, but also appropriate changes are made to his personal documents at the enterprise. As for the temporary change in duties, this will be recorded by means of an order.

Important! The transfer of an employee to another official position must occur if he has no objections and in accordance with the legislative acts of Russia.

Report on the transfer of a military personnel

A serviceman who wishes to be transferred to another military unit on one of the grounds provided for by law must submit a report for such a transfer.

The report is submitted to the commander, which must indicate the reasons for which the serviceman is asking for a transfer, and must directly contain the request itself about where the serviceman is asking to be transferred.

You must also provide general details:

• from whom the report is submitted;
• put date and signature;
• describe in detail the reason for the transfer, while you are limited by law to indicate several alternative grounds that you believe can positively influence the decision to transfer the military personnel
• attach documents, indicating them in the list of documents attached to the report.

It is advisable to indicate in the report references to specific rules of law and the name of the legal act. In case of difficulty, our military lawyer will help with its preparation and justification of valid reasons for the transfer.

How to correctly write a report on transfer for family reasons?

I have a sister, but she works and studies, we don’t have a father, and I’m the only man in the family, not counting my sick brother.
I have no idea how to construct a report and in general the line of translation for family matters. Maybe someone can give some good advice on what to focus on and how to write a report. Can he indicate that both his brother and his wife need to be looked after? It is not possible to take them to your outpost since housing is not provided (we live three people per 10 sq.m.) and there are no options for renting since the village is far below and there is nothing to rent and it is unsafe (almost always in the CTO zone) this can be done focus? Moreover, everyone lives without families and came on a rotation basis for 5 years (is this correct? After all, many people almost get divorced). For family reasons, it is easier to resign rather than transfer, and the issue of transfer must either be agreed upon with the command of the unit to which the transfer is being made (the attitude is taken). In my opinion, taking into account the above Resolution of the Plenum of the RF Armed Forces, as well as judicial practice, the grounds you indicated alone (as valid reasons for voluntary dismissal) may not be enough. From N.’s report dated October 14, 2010, addressed to the commander of military unit 00000, it is clear that the applicant wants to resign from military service of his own free will, due to the lack of motivation for further military service and the low financial situation of the family, since his wife is ill for health reasons. does not work, and also due to the lack of opportunity to further improve his medical qualifications.

They are not regulated by Russian legislation, but their writing is subject to the general rules for drawing up procedural documents. You need to start drawing up a report by filling out its details (“header”). To do this, on the right side of the sheet, indicate the details of the head of the body (position, surname, title) to whom it will subsequently be sent.

Next, indicate the name of the document being compiled - “Report”. Then comes the text itself; it can be written in free form, the main thing is that the text is logically consistent and does not contain spelling errors. For example, it may look like this: “In connection with the vacant position (indicate the position), I ask you to transfer me, releasing me from the previously held position (indicate the full position).” If you wish, you can indicate the reasons why such a transfer should be made, for example, moving to another area for permanent residence.

Below on the left edge of the sheet, indicate in full your previous position, on the right edge - your last name and initials (they should be located on the same level). Then sign the report and date it.

Submit a report to the head of your structural unit. He must personally write on it that he gives his consent to the transfer. After which the report is transferred to the head of the personnel department for execution. Based on it, an order for transfer is issued, and the transfer itself is carried out.

Sources:

• how to write a report correctly

The current economic activity of any enterprise is accompanied by the need to issue orders

. The order is signed by the head of the organization or the person who performs the duties of the head on the basis of a power of attorney or order. Orders regulate issues in all areas of activity. Their content may relate to relationships with the workforce, contractors, the procedure for working with documents, the imposition of disciplinary sanctions and rewards. To write an order, you must adhere to a clear structure.

Instructions

Indicate the details of the order - its serial number in the registration journal, date of publication, organizational and legal form and name of the organization.

The descriptive part of the order must contain the necessary legal references. Here, indicate the law or other regulation underlying the order. This may be the Labor Code of the Russian Federation, the Law “On Limited Liability Companies,” the Law “On Accounting. In the order, you can refer to the local regulatory act of the organization, that is, the Regulation on remuneration, a collective agreement.

Indicate the administrative action of the manager: I order.

In the operative part of the order, list the actions necessary to implement this order. In this part, it is necessary to indicate as specifically as possible which official should perform a specific action: perform

One of the most pressing issues for employees of the Armed Forces of the Russian Ministry of Defense is translation. He is interested in conscript soldiers, contract soldiers and employees of other departments. So how do you transfer from one part to another?

Grounds for transfer of a military personnel

Decree of the President of the Russian Federation dated September 16, 1999 No. 1237 contains the grounds for transferring a serviceman to a new location.

In what cases can a serviceman be transferred to a new place of military service?

• Due to business needs.
• Due to promotion.
• For health reasons, subject to a conclusion from a military medical commission.
• At the personal request of military personnel serving under contract, due to family circumstances.
• Just at the personal request of contract servicemen.
• Due to organizational and staffing events.
• During the planned replacement of contract military personnel.
• If a serviceman is enrolled in a military educational institution, postgraduate course, military doctoral program.
• When assigning a punishment to a military serviceman in the form of a restriction on military service, if, due to the nature of the crime committed, he cannot be retained in a position that is associated with the management of subordinates.
• Other grounds for transfer.

ATTENTION : some of the stated grounds are vague and are not clearly related to the circumstances that occurred, which provides grounds for the widespread use of military transfer options.

When might such a statement be needed?

In practice, there is more than one situation when you will need to draw up such a statement.

For example, when it comes to transferring an employee:

• initiated by the employee himself,
• which was initiated by the direct employer,
• to work in another area,
• performed on the basis of issued honey. conclusions,
• due to staff reductions taking place in the organization.

What to do if the employer does not pay into the Pension Fund?

A number of applications often require the attachment of separate additional supporting documents (certificates from hospitals, an order certifying the fact of reduction, etc.). Data on the new position should also be indicated.

The transfer begins only from the moment when the employee has filled out the appropriate application form approved by the organization for transfer to another position, all organizational issues have been agreed upon with the heads of 2 departments (where the employee worked and where he is being transferred) regarding the planned personnel reshuffle in the organization.

The nuances of the procedure for transferring an employee to another job are provided for in Art. 72.1 of the Labor Code of the Russian Federation.

The law allows such personnel changes to be carried out under the following circumstances:

• the employee’s work responsibilities or the functions assigned to him by the terms of the employment contract (EA) concluded between the parties have been changed,
• the department in which the person works is completely changed, but provided that its name was fully described in the terms of the TD,
• when an employee leaves his previous place of work together with the rest of the employees and the employer due to a change in the territorial location of the organization, a complete legal relocation is carried out. persons to another area.

In these circumstances, it is the employer who initiates the transfer. In this case, the application is drawn up by the employee at the request of management, since such a transfer is carried out only by consent.

This point does not affect the situation with medical transfer. indications or due to mass layoffs occurring in the organization.

Watch the video. Registration of transfer of an employee to another position and necessary documents:

https://youtu.be/RZb4OzCMMqQ

The procedure for transferring a military personnel

The procedure for transferring military personnel to a new location is prescribed in the above-mentioned Decree of the President of the Russian Federation.

The procedure contains its own nuances regarding the transfer of contract soldiers, namely, in certain cases, but not in all, their consent is required, the issue of transfer of a wife (husband) who is also a military serviceman is resolved, etc.

Military personnel who are called up for military service are transferred to a new location without taking into account their consent.

When deciding to transfer to a new location, the serviceman must first hand over his cases and be released from his military post.

Elevation allowance for military personnel upon transfer

The move of a serviceman to a new place of work, including with his entire family, is associated with additional financial costs, and therefore the serviceman must be paid a so-called relocation allowance. The payment of this benefit is reflected in Law No. 306 of November 7, 2011.

The specified allowance amounts to one salary per serviceman and ¼ salary for each family member who has moved to a new place of service of the serviceman.

IMPORTANT : benefits are paid based on the order of the commander.

Help from a military lawyer on the transfer of military personnel

If you have any questions related to transfer to another place for military service, you can always contact our military lawyers in Yekaterinburg:

• ♦ for consultation and clarification of the provisions of the current legislation regarding the transfer of military personnel;
• ♦ for the preparation of legal documents, drawing up a report on the transfer of a military personnel;
• ♦ for help in appealing a refusal to transfer, non-payment of allowances, etc.;
• ♦ for other necessary assistance in resolving issues that have arisen.