Transfer and relocation of an employee, their differences and design features

Transfer to another job

A transfer is considered to be such changes in working conditions that change:

• labor functions (type of work assigned to the employee in accordance with his profession, position, qualifications);
• structural unit in one company (if such a unit was indicated when hiring in the employment contract);
• the employer and the area in which the employee worked.

When moving to another area in connection with a transfer, the employee must be paid the required compensation: the cost of baggage transportation, travel expenses for the employee and his family members, accommodation costs, etc.

The translation could be:

• temporary or permanent;
• at the initiative of the employee or employer;
• for medical reasons.

https://youtu.be/SuWc9qjmVNg

Transfer to another location

It applies in the following cases:

1. If there were negotiations between the manager and the subordinate and the latter expressed consent in writing.
2. When there are special circumstances due to the fact that large-scale disasters have occurred, due to necessity for a period not exceeding a month. At the same time, they talk about performing duties for the same boss. This is done to provide assistance in such situations to combat the consequences or measures to prevent future occurrence.
3. Work in another area may take place under the same director or is possible in another company.
4. Sometimes the question of such a move arises due to the fact that the entire enterprise is moving. However, unless the employee expresses his decision in writing to go with everyone, his boss cannot send him there.

Translation should be distinguished from concepts that are similar in meaning. For example, when using the rotation method, travel is provided for by the concluded labor contract. Therefore, the actions performed are carried out within the framework of the concluded employment agreement.

The difference between translation and displacement

Relocation is a change in which do not change , but:

• the workplace changes;
• the structural unit changes (if the new unit is located in the same area);
• work on a different unit or mechanism is entrusted (in this case, the work performed itself should not change, that is, work on a new unit and mechanism cannot be different from what is specified in the employment contract).

Relocation, like transfer, can be temporary or permanent.

The main condition for relocation, in which the employee’s consent is not required, is the absence of changes to the employment contract. For example, if the employment contract specified a specific workplace, then the employer has no right to force the employee to work in a new workplace without his consent. This also applies to moving to another structural unit. If it was originally specified in the employment contract, then changing it will already be considered a transfer and will require the employee’s consent.

If the employment contract stipulates work on a specific unit or mechanism as a condition, then changing this condition will also require the consent of the employee.

Kinds

There are three types of movements.

Movement of an employee from one workplace to another . Often, in small companies such transfers are not formalized at all. A person moves to another table or continues to work in another office, and rarely any friction arises with the management of the organization. As for large enterprises and factories, this type of movement may be associated with work in another building, about which the employee must be informed in advance.

Moving to another structural unit . A structural unit can be a department, department, service, or branch of an organization. As you know, such structures are not always located at the same address. In order for an employee’s transfer to another organizational unit, or the so-called “job transfer,” to remain a transfer , such a unit must be located in the same area. By “terrain” we mean the entire territory within the boundaries of a populated area.

A populated area can be a city, an urban settlement, a rural settlement (village, village, hamlet, village). Districts and regions are administrative-territorial entities, not populated areas.

An employee is assigned to work on another unit, mechanism, equipment, and so on . For example, the driver of the organization is assigned a new car, in which he will deliver passengers or cargo in the same way as with the old car. His work function will not change in any way.

The main thing is that such a change in the tool of labor does not contradict the list of job responsibilities established by the employment contract and job description.

In the employment contract, the parties can indicate the structural unit or workplace where the employee will work. In the event that these conditions change, it will not be a displacement, but a transfer.

Concepts of translation and movement

As we remember from the previous article in the magazine “I am a personnel specialist”, a transfer is a permanent or temporary change in the labor functions of an employee and/or his structural unit, if specified in the employment contract, while continuing to work for the same employer, as well as a transfer to work to another location with the employer. In most cases, the transfer requires the employee's consent.

When moving, the terms of the employment contract do not change; the employee’s movement within the organization occurs without changing his job function. And, as can be seen from Part 3 of Art. 72.1 of the Labor Code of the Russian Federation, relocation does not require the consent of the employee and is carried out at the discretion of the employer without concluding an additional agreement with the employee.

Moving an employee to another unit without changing the job function and working conditions also does not require the execution of an additional agreement, but only if the structural unit was not initially specified in the employment contract.

Important! An employer does not have the right to transfer an employee to a job that is contraindicated for him due to health reasons.

Conclusions TheDifference.ru

1. Essential terms of the agreement. When translated they change, when moved they remain the same. Thus, the first type of movement may require special skills, education and qualifications, but the second type definitely does not.
2. Labor function. When moving to a new position, it remains the same; when transferred, it changes.
3. Terrain. The movement of an employee involves movement in the same locality. A transfer may involve moving to a new city, which is essential for the vast majority of employees.
4. Employee consent. In all cases of transfer, the consent of the enterprise employee is required. Movement does not require such an expression of will, since in fact horizontal rather than vertical movement is carried out.

What is translation

In accordance with labor legislation, a transfer is a change in the basic working conditions (Article 72 of the Labor Code of the Russian Federation). Changes may be as follows:

• the duties performed, that is, the employee’s labor function, change;
• a division within the organization changes - this is important if it was initially specified in the contract and recorded in the work book;
• the region where the employee worked, as well as the employing company itself (if the employee is sent to another region, the company must bear the costs of moving him and his family, as well as carrying luggage).

A transfer or relocation within an enterprise can be temporary or permanent. They may occur due to changes in the structure of the organization, for medical reasons and for other reasons.

Transfer or relocation of an employee differences and features – Human Resources Management

The concept of transfer and relocation is often confused not only by employees, but also by employers. However, these are different terms, and they have their own characteristics, which are strictly regulated by the Labor Code.

What is translation

The concept of transfer to another job is contained in the first part of Article 72.1 of the Labor Code of the Russian Federation. It refers to a change in the employee’s labor functions. In this case, the employee can change the department, division, branch in which he works, or even the employer.

What types of translations are there?

Additionally

There are also two types of transfers depending on the employer: internal (when the transfer is carried out by the current employer within the company) and external (when the employee goes to work for another employer).

First of all, transfers differ depending on the validity period into permanent and temporary.

A permanent transfer is a change of work activity on an indefinite basis. In this case, the employee’s place in the previous position is not retained.

A permanent translation can be expressed:

• moving with the employer to another location for work;
• in the performance of duties in another position with the same employer;
• in moving to work for another employer, subject to the consent of the previous employer.

Such a transfer can only be made if the employee expresses his written consent and, as a rule, is accompanied by the conclusion of a new employment contract.

If we are talking about moving to another area, the employer must notify the employee at least 2 months in advance of the upcoming transfer. If the employee disagrees, he is dismissed according to clause 9 of Article 77 of the Labor Code.

Temporary transfer to another job is usually limited to a period of 1 year. It can happen:

• by agreement between employer and employee;
• during the absence of an employee for another position;
• due to force majeure circumstances: epidemics, fires, natural disasters, etc.

Types of transfers to another job are also distinguished depending on the initiator: transfer to another job on the initiative of the employee or the employer. Although a transfer at the initiative of the employer is more correctly called a transfer by agreement of the parties, since in almost every case the consent of the employee is also required.

Types of temporary transfer

Additionally

In some cases, it is not possible to make a temporary reshuffle within the company.

Therefore, when there is a need for an employee to perform duties at another company facility, the employer, instead of an order for a temporary transfer, issues an order to send the employee on a business trip.

First of all, temporary transfers are divided into internal and external. The first represents the transfer of an employee to another department, branch, etc. within one organization.

Internal transfers of an employee to another position, in turn, can be:

• within one locality, for example, assigning an employee to another position in the company;
• with moving to another locality together with the employer.

An external transfer involves the temporary transfer of an employee to another employer. In practice it is extremely rare.

Depending on the initiator, transfers are divided into:

• at the initiative of the employer;
• at the request of the employee (read about transfer to another position at the initiative of the employee here).

Whoever initiates the transfer will have to obtain the consent of the other party to carry out this procedure. The only exceptions are transfers related to emergency situations, which we will discuss below.

Transfer to another location

Refusal to move

If an employee refuses to move, the organization is obliged to offer him another job that corresponds to his qualifications and is not contraindicated for health reasons.

If such a position is not available, the employer must offer a lower paid or lower position. If this vacancy is also refused, the employee may be fired in accordance with clause 7 of Art. 77 Labor Code of the Russian Federation.

At the same time, he can count on receiving severance pay in the amount of 2 weeks’ salary.

A transfer within one locality does not involve significant changes in the life of an employee and his family, but if in the interests of the organization it is necessary to transfer an employee to another position within the organization to a branch of the organization located in another locality, the employer is obliged to compensate the employee for losses. In accordance with the Decree of the Government of the Russian Federation No. 187 “On the amount of reimbursement of expenses when moving to work in another area,” the employer must pay the employee the following compensation in case of relocation:

1. Payment for the relocation of the employee and his family members to another locality, which includes compensation for transportation costs, as well as payment for the transportation of all the employee’s belongings.
2. Payment of compensation for the time that the employee and his family will spend on the road.
3. Payment for the days during which the employee will move and settle in a new place, as regular working days.
4. Providing paid time off for an employee to pack items for moving.
5. Payment of a one-time relocation allowance to the employee and his family members in the amount of a month’s salary (for the employee) and a quarter of the monthly salary (for each of the employee’s family members moving).

Additionally, to settle in a new place, the employee may be granted paid leave for no more than six days.

About the types of internal translation and the features of each of them, see the following video

Transfer to another job at the initiative of the employer is possible only with the agreement of the parties, so the employee has the right to refuse the transfer if he is unable to change his place of residence. However, the consequence of refusal to transfer may be the dismissal of the employee on legal grounds.

If the employer violated the procedure for terminating employment relations established by law or the grounds for transfer or dismissal contradicted the list listed in the Labor Code of the Russian Federation, then he will face the legal consequences of illegal transfer and dismissal.

Transfer to a lower paid position

A transfer to another position with a reduction in salary is possible only with the consent of the employee, therefore the employee has the right to refuse the offer of such a transfer, retaining the right to continue his current work activity and the current salary.

A transfer to a lower-paid position at the initiative of the employer is necessarily associated with new job responsibilities that entail less responsibility, so some employees agree to such a transfer if it is difficult for them to cope with their current job responsibilities.

In addition, due to financial reasons, some positions in the organization may be reduced, and if this happens, the employer has the right to offer the laid-off employees to move to a position with a lower salary that is vacant in the organization and suits the employee’s qualification level. If the employee does not agree to such a transfer, he will be forced to agree to dismissal due to a reduction in position and look for another job.

An employee can also initiate a transfer to a position with a lower salary if he receives the employer's consent. Thus, the translation will be made by agreement of the parties.

There are rare exceptions that allow an employer to transfer an employee to a position with a lower salary without obtaining his consent:

1. Natural and technical disasters that threaten the life and health of people if they occurred in the area where work duties are performed (transfer is possible for no more than a month).
2. Suspension of the organization's work due to technical, legal or economic difficulties.

Transfer from temporary to permanent position

In order to transfer from a temporary job to a permanent one, you need to follow a few simple steps.

1. The employee draws up a corresponding statement. It is written in any form and contains a request to transfer the employee to a permanent place of work. The position and date of transfer must be indicated. At the end you need to sign and date it. You need to write an application before the end of a fixed-term employment contract for a temporary position.
2. The employer draws up a transfer order (Form T-5). It indicates: personal data of the employee;
3. type of translation;
4. reason: transfer from temporary to permanent place of work;
5. previously held and new position of the employee;
6. number of the temporary employment contract and the last day of its validity. The employee must read the order and put his signature on it.

Source: https://tr777.ru/perevod-ili-peremeschenie-rabotnika-ot/

What is movement

Unlike transfer to another job, relocation does not imply a change in the employee's responsibilities. With this type of reshuffle, the functions performed remain the same, but the workplace and department within the same enterprise may change. For example, a worker may be assigned to perform operations on a different machine or equipment, but the type of activity itself must remain the same.

When documenting, transfer to another permanent job and relocation have the following differences:

• the employee’s consent is not necessary if there is no need to change the essential terms of the previously concluded agreement. If he has to do the same work, it is not necessary to enter into an additional agreement. If a unit in an organization is immediately specified in the contract, consent must be obtained to change it;
• When moving, fewer documents are completed. There is no need to make entries in the work book, no need to draw up and sign an additional agreement. It is enough for the employer to issue a movement order and familiarize the employee with it against signature;
• working conditions must remain the same. If they change, it is necessary to obtain the employee’s consent; the movement must be voluntary.

If the employment contract stipulated work with a specific machine or tool, then when changing this condition, obtaining the employee’s consent is mandatory. The displacement is temporary. In this case, the order specifies the period during which the employee will work in another department.

What is the difference between movement and translation?

Based on the norms of labor law, we can distinguish three main points that distinguish a transfer from a relocation.

The working conditions stipulated in the employment contract change only upon transfer. Transfer is provided for cases where the provisions of the contract remain unchanged

.

The employee's job function does not change. The labor function consists of fulfilling a certain list of responsibilities assigned to the employee by the employment contract, as well as local regulations.

The law does not require the employer to obtain the employee’s consent to the so-called intra-company transfer

. The employer must notify his employee in advance about the upcoming changes, but he does not have the right to refuse to work in a new place or in a new structural unit.

In what cases can you not translate?

Please note that transfer to another job and relocation of an employee should not pose a threat to his health. For example, pregnant employees cannot be transferred to heavier work, as this can lead to negative consequences.

A transfer is also prohibited if it is harmful for an employee to work in a new place for medical reasons. If an employee's rights are violated, he can appeal to the labor inspectorate and court to restore justice.

Definition of concepts

Transfer is a special reshuffling of personnel, followed by a number of changes in work:

1. The work that was assigned to this employee changes in some way, but in full accordance with his professional skills, assigned position, and qualifications received.
2. The structural unit of a citizen’s work should be replaced if such a team to which the person will be attached has a place in the employment contract.
3. Large-scale changes in the employer along with the territory in which the employee worked.

Also, when moving to another territory, along with the move, the employee must be paid the full cost of transporting his baggage, the costs of settling into a new place and the travel of the person receiving the position.

Redirection has several types:

1. It may be for a period specified by the employer, that is, temporary or permanent.
2. It can be done either on your initiative or by order of the employer.
3. If there are medical indications, you can also transfer.

Another point in the redistribution is payment for the worker’s time during the move, as well as during the process of settling into the new workplace, as standard working days.

A one-time payment is made to a working person when moving in the amount of his monthly salary and a quarter of the monthly salary for each family member. It is clear that this is a rather serious operation that requires legal preparations.

There are replacements for a lower-paid position; they are possible only after personal consent to this transition. Typically, such retraining entails changes in the employment contract, and therefore less responsibility. In some situations, there is also a significant reduction in employees, then the employer takes a step forward and offers a position with a lower salary in the same enterprise.

The maximum possible period for this operation is 1 year; an exception may appear only in the event of a transfer to the position of an employee whose current position must be retained.

There is an important feature that can help many. It consists of obtaining a number of advantages if you want to transfer to another organization and ask the director to formalize this as a transfer, since in this case you are guaranteed to get a job, there will be absolutely no probationary period, and there are no moving costs.

For translation you will need the following documents:

• a certificate from a working person regarding redistribution, if this is the initiative of the director;
• a letter to the employer if the employee wishes to transfer;
• a new temporary contract for the provision of services represented by a new position;
• employee personal card;
• a completed order for temporary transfer with a personal signature from the director.

There are also part-time salary transfers, which can be made both at the initiative of the employee and the employer.

Relocation is an individual reshuffling of personnel, in which there are no changes to the employment contract; the following points are fulfilled:

1. Changes in working conditions and workplace that will entail a change in the employee’s responsibilities.
2. A change in the structural team occurs only if it is located within the same area as the current workplace.
3. Changes are made regarding the working mechanism, which also changes.

The transfer is similar to a transfer, that is, it can be made for a certain period of time or on a permanent basis.

When moving, there are conditions that do not require the agreement of the employee - this is the complete absence of innovations to the employment contract. Otherwise, the employee’s full consent and acceptance of the established conditions and norms of the Labor Code of the Russian Federation are required.

The same rule applies in case of moving to another structural team. If it has been changed, the operation will be accepted as a redistribution - the employee’s consent will be required.

If there is a specific mechanism for performing work, it can be changed only with the consent of the employee. This shows the simplification of the procedure for relocating an employee of distinction.

Documents for processing the translation

Due to the fact that the transfer entails a change in the employee’s job function, the employer needs to draw up a certain list of documents:

• Notifying the employee about the upcoming transfer if the initiator is the employer. The document is a simple letter from the employer, where you must first indicate the responsibilities for the new position and the reasons for the transfer;
• An order for temporary transfer is drawn up in form T-5. It is the employer’s responsibility to familiarize the employee with the order against signature;
• Temporary employment contract for a new position. Considering that the maximum period of temporary transfer to another job is in most cases 1 year, the contract is limited to the same period;
• Employee's personal card. It contains information about the temporary transfer.

Change of workplace

There are three types of employee movement in an organization. The most common is a change of workplace. If the company where the person works is not very large, then such personnel changes are not even reflected in the reporting documentation. This is general information about how the transfer and relocation of an employee occurs; the differences are clearly visible when reviewing this information.

The employee is moved to another desk or assigned an office where he will perform his duties, and problems rarely arise between employees and management. If we are talking about relocation in a large enterprise or factory, the employee may be transferred to another building. In this case, management is obliged to inform him in advance about upcoming changes in his working position.

Types of transfers

There are two main types of transfer - permanent and temporary. The reason for them may be not only a change in the management of the company and its needs, but also the health status of the worker. He may be temporarily transferred to another job until, for medical reasons, he is unable to fully perform his job duties. In addition, the reason for the transfer may be a disaster or any other circumstances of a similar format that temporarily affected the state of the company and employees are not able to continue their activities in the same place.

The main difference between relocation and transfer is that in the second case the employee completely changes his place of duty. Transfers are divided into three groups, the first takes place within the same company, but the employee is trusted to perform completely different duties. In the second case, the person is transferred to another organization, where he will have completely different management. And the third is the transfer of the entire enterprise to another location.

Moving between structural units

An employee can be sent to another branch of the company, change the department in which he works, etc. In most cases, the addresses of such structures are different. To be distinguished from a transfer, the transfer to another job must be carried out within the same locality. This refers to the territory of one settlement; movement should not extend beyond its borders. If an employee is moved outside the boundaries of the administrative-territorial area, then this will already be a full-fledged transfer.

What common

In both cases under consideration, we are talking about the fact that subordinates are entrusted with new work. Displacement means that change is minimal. When translated, the new work may differ significantly from the old one.

Any enterprise evolves to meet new ones. Constantly changing requirements. Therefore, changes related to an employee’s employment are a natural phenomenon. However, they can only occur in such a way that the requirements stipulated by the Labor Code are met.

Translation and relocation have their own important features that those who may encounter them need to know. Knowledge of the provisions of the law related to their design will allow the employee to ensure compliance with his rights and interests in the relevant situation.

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Types and reasons for transfers

When transferred, they receive new responsibilities or working conditions. Each situation has its own characteristics:

1. This happens temporarily or a permanent job is given. In the first case, after the end of his term, the employee returns.
2. This action can be done at the will of the boss or according to a statement written by the employee.
3. Sometimes an employee's health does not allow him to continue his current job.
4. It is prohibited to transfer an employee to a place where he is unable to work due to poor health. If there is a temporary change in the workplace, the end date must be precisely determined.

Transfer from temporary to permanent position

In order to transfer from a temporary job to a permanent one, you need to follow a few simple steps.

1. The employee draws up a corresponding statement. It is written in any form and contains a request to transfer the employee to a permanent place of work. The position and date of transfer must be indicated. At the end you need to sign and date it. You need to write an application before the end of a fixed-term employment contract for a temporary position.
2. The employer draws up a transfer order (Form T-5). It states:
   personal data of the employee;
3. type of translation;
4. reason: transfer from temporary to permanent place of work;
5. previously held and new position of the employee;
6. number of the temporary employment contract and the last day of its validity. The employee must read the order and put his signature on it.

You can find out how to correctly process an employee’s transfer in the video

If the parties did not manage to go through all these stages before the end of the contract, then transfer to a permanent place of work from a temporary one is also possible under a different scenario. After the termination of the temporary contract, the employee is rehired for work by drawing up a new contract, filling out a new personal card and collecting documents for his personal file.

The latter option is unprofitable for the employee, since his work experience in this case is interrupted.

Change of equipment

This is the type of movement that involves the replacement of units, machines and other devices through which the employee performs his duties. For example, the company driver was provided with a car of a more modern brand for transporting goods.

Thus, his work responsibilities at the enterprise have not changed, but there has been a transfer from one vehicle to another. If a machine or any other unit is assigned to an employee and this is reflected in the contract, then a translation will be required. This is another difference between translation and displacement.

Comparison

A permanent transfer of an employee is always documented in the work book, while a transfer does not require such an entry. It is possible to separate one type of movement from another only by studying the employment contract. This affects the actual assessment of a legally significant action. When transferring, an additional agreement is always concluded with the employee, which stipulates the essential conditions of the activity.

Both movement and transfer cannot be carried out if it is dangerous to the person’s health. The larger the organization, the more opportunities it has for horizontal and vertical movement of labor resources. Very often, personnel services use such a technique as terminating the old contract and preparing a new one. This is due to their reluctance to enter into additional agreements between the parties to the labor relationship.