Sample order for transfer to a permanent place of work from a temporary one

Home/Working hours/Transfer from temporary to permanent work

Employees of institutions can receive temporary status for a number of reasons. One of them is replacing another specialist in a position if he went on administrative leave, maternity leave, etc. But the former employee may subsequently quit. In this case, the question will certainly arise of how to transfer a previously accepted person from a temporary position to a permanent job. The procedure does not imply a complex scheme of actions. It is not necessary to draw up a statement asking to be fired, and then follow it with a demand to be hired again. However, there are some nuances that are worth considering. They are related to paperwork.

Transfer from a temporary position to a permanent one according to the Labor Code of the Russian Federation

Article 58 of the Labor Code of the Russian Federation presupposes the presence of certain requirements. A fixed-term employment contract may become invalid if neither the employee nor the employer has previously requested termination of the document due to its expired date. At the same time, the specialist continues to perform his functions after the contract has expired.

Attention

After a fixed-term employment contract has expired, it automatically becomes concluded for an indefinite period. Additional agreement will be required. It will indicate that the contract is of unlimited duration, and the work changes in nature from temporary to permanent.

Order on transfer to a permanent place of work in the same position

Attention
The procedure for registering a transfer to another position The algorithm for registering a transfer depends on its type. To assign a person to perform another job on a permanent basis, the employer must follow the following procedure:

1. Conclude an additional agreement.
2. Issue an order for transfer to another position.
3. Make an appropriate entry in your work book.
4. Enter information about the appointment in the employee’s personal card.

The additional agreement specifies all new conditions offered to the employee. In particular, the title of the position, salary, work schedule, and so on.

Sample order for transfer to another position

Then the employer, upon a written application from the employee, can extend the term of the employment contract until the end of the pregnancy (Part 2 of Article 261 of the Labor Code of the Russian Federation). In some cases, a fixed-term employment contract with a pregnant employee can be terminated;

• An employee is elected through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract (Part 8 of Article 332 of the Labor Code of the Russian Federation).

Thus, in the general case, an organization does not have the right to draw up an additional agreement to a fixed-term employment contract to change its validity period for a certain period. An organization can only conclude a new employment contract after dismissing an employee. The legitimacy of this position is confirmed by the Supreme Court of the Russian Federation in its ruling dated June 27, 2014 No. 41-KG14-10.

How to transfer a temporary employee to a permanent job?

If the employer, with the consent of the employee, intends to extend the employment relationship indefinitely, then this can be done without going through the dismissal procedure.

To do this, at the end of the fixed-term contract, neither party should demand its termination; the employee must continue to work.

Then the contract becomes indefinite and can be extended by drawing up an additional agreement and order.

This follows from Article 58 of the Labor Code of the Russian Federation and is confirmed by letter of Rostrud dated November 20, 2006 No. 1904-6-1.

275 Labor Code of the Russian Federation). In any case, they need to be fired and accepted for a new term, defined in the statutory documents.

Internal transfers: done correctly

Important

An exception is the case when there are also grounds for concluding a fixed-term employment contract for a new job (for example, the main employee is temporarily absent, etc.).

Under these circumstances, the condition of urgency of the relationship may be maintained. 2.

If the term of the employment contract has expired (in the event of the main employee’s absence from work), but neither party has demanded its termination, then the urgency condition loses force, and the employment contract is considered concluded for an indefinite period (Part.

4 tbsp. 58 Labor Code of the Russian Federation). However, if you still want to record the fact of changing the term of the employment contract (since the term is a mandatory condition of the employment contract (Article 57 of the Labor Code of the Russian Federation)), then in this case you can draw up an additional agreement and order. This follows from the provisions of Article 58 of the Labor Code of the Russian Federation and is confirmed by letter of Rostrud dated November 20, 2006 No. 1904-6-1. At the same time, we must not forget that an employee who is on maternity leave retains her place of work (position) and, if you again hire an employee to replace her, a fixed-term employment contract will be concluded. If by “rate” you mean another vacant position, then a transfer will take place (Article 72.1 of the Labor Code of the Russian Federation). In this case, it is necessary to conclude an additional agreement on changing the employee’s labor function and other terms of the employment contract (if such a change occurs) and issue a transfer order on its basis. In the event of a permanent transfer to another job (position), the previously concluded condition on the temporary nature of the work loses force, since in relation to the new job the previous grounds for the urgent nature of the labor relationship no longer apply (Part 2 of Article 58, Part 1 of Article 72.1 of the Labor Code of the Russian Federation ).

Order to transfer an employee to another job The order is issued on the basis of the unified form T-5, which is approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. It is a form in which all the necessary information about the employee, his previous and new place of work and on the basis of a change of position. At the end, the document is certified by the signatures of the manager and employee.

It is worth remembering that in the Order you need to indicate the type of transfer in the appropriate line. When applying for a temporary one, you must also indicate the start and end date of work in the new position. If the end date is not known, then a condition is entered under which the employee will return to his job.

For example, until your colleague returns. A sample order for transfer to another position is presented below.

Step-by-step instructions.

• When re-registering externally, the new employer draws up a written application using the full name of the head of the previous institution where the employee is employed. The invitation indicates the specialist’s initials, his position, as well as the date of planned admission to the new organization. The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director.
• The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal.
• Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification.
• The dismissal-transfer order is drawn up with reference to Article 77 of the Labor Code of the Russian Federation.

Sample order for transfer to a permanent place of work in the same position

In this case, it may be a statement written on behalf of the employee himself (with justification for this desire) or a memorandum from the head of the structural unit, which must indicate compelling arguments for carrying out this procedure. If the transfer occurs at the initiative of the employer, then the employee must first be notified of the upcoming changes in his career. Who is involved in drawing up the document Typically, writing this kind of orders is the responsibility of a specialist in the personnel department, a lawyer, the head of a structural unit, or, in extreme cases, the secretary of the enterprise. But, regardless of who is filling out the document, it must be approved by the director, as well as by the transferred employee himself.

Legal assistance!

Moscow and region

St. Petersburg and region.

Federal number

Source: https://vrkadoverie.ru/prikaz-o-perevode-na-postoyannoe-mesto-raboty-v-toj-zhe-dolzhnosti/

Required documents

List of documents required to obtain permanent employment status within the organization:

• Application from a specialist with a request to apply for a permanent position. It should be written before the temporary contract expires. The document is drawn up in the name of the first person of the company.
• An order to transfer an employee from temporary to permanent work, issued on the basis of an application. It indicates the following data: -type and reasons for re-registration; - initials of the specialist; -previous and new places of employment; - number, date of signing and completion of the previously concluded labor document.

• New agreement. It must reflect the position, salary, rights and obligations. Drawed up in two copies. Signed by both parties and sealed with the company's seal.
• Job description. You will also need a note in the work book indicating the position, date and order number.
• An order stating that the employee’s staffing table and vacation schedule have changed.

Please note
: There is an alternative way of registration - to terminate the temporary contract. But in this case the period of service is interrupted. A new order, card, file will be required. This procedure is a necessary measure. They resort to it only when the necessary papers for re-registration for permanent work have not been prepared before the expiration of the temporary document.

All documents require signatures of both parties and are certified by the seal of the organization.

Transfer from maternity leave to permanent pay: concepts and mechanisms of interaction

Business lawyer > Labor law > Transfer from maternity leave to permanent: basic provisions and rules

The topic of maternity pay becomes relevant when we are closely faced with the search for a job, as well as at the stage of discussing the proposed working conditions with a potential employer.

Unfortunately, not everyone fully understands the mechanisms of action and the provisions of the concept, such as the maternity rate.

After all, this definition does not exist, it is not spelled out in Russian law, and the phrase flowed into modern circulation from the Soviet period.

However, the meaning and meaning, taking into account all the changes in legislation, have not changed since that time. In order to understand the principles of this type of employment, it is necessary to study the regulatory framework in detail so as not to get into trouble.

What is maternity rate?

Maternity pay is a position in an organization occupied by an employee before pregnancy and childbirth. For the entire duration of this situation, the boss has the legal opportunity to hire another employee to fill the vacancy under a fixed-term employment contract (TD). Such an agreement can be concluded for the entire period of absence of the first employee with a guaranteed possibility of retaining his position.

It is important to remember that work of this type is only temporary and continues only until the former employee expresses a desire to return to her previous place.

Early maternity leave

The features of this process are very broad and should also be taken into account when considering this employment option. Working women go on maternity leave at the 30th week of pregnancy, and in case of twins, already at the 28th week.

The sick leave cycle for pregnancy and childbirth is 140 days when expecting one child and 194 days if there are several. Postpartum leave can last up to three years.

Return to the workplace is carried out both after the end of the sick leave and after a longer period of time before the end of the young mother’s maternity leave.

Being forced to look for a replacement for a colleague who is temporarily absent for a valid reason, management often looks for a potential candidate in their environment. For an employee who is on the staff list and receives an invitation to replace someone who has left, an addition must be drawn up to the contract already concluded with him. This process is completed using an urgent TD.

The document states that the transfer or admission was carried out temporarily and loses force with the return to duty of the maternity leaver.

This form of labor relations has a number of negative aspects, as well as some advantages.

Positive aspects for an employee on a temporary basis:

• an excellent option to prove yourself and subsequently be hired for a permanent position
• invaluable experience
• right to legal leave
• salary is not inferior to the salary of the main employee
• payment of all compensations
• benefits and social insurance

Negative sides:

• not the longest period of work in the position
• not knowing the exact date of the proposed dismissal
• legal insecurity

Rules for the transition from maternity pay to a permanent basis

The temporary function of transferring an employee to replace an employee after a period of time can be transformed into a permanent form, both in a planned and random version.

There are several reasons for this: the replacement does a good job, the salary is quite satisfactory, the maternity leaver wanted to quit, etc.

Under such conditions, there is a logical desire to keep the employee on a permanent basis.

Full time work

As a result, the entire nomenclature and legal framework is drawn up and the translation is legalized. It is necessary to strictly monitor the period of temporary transfer in order to avoid legal troubles.

Basic translation rules:

• a replacement in a maternity position can be laid off due to the first employee returning from vacation, and then hired again on a permanent basis
• a competently executed and accepted application and order in its entirety, indicating the term, position, number, actual date, marks in the work book
• registration of an addition to the TD (Article 72 of the Labor Code of the Russian Federation)
• Article 72.2 of the Labor Code of the Russian Federation indicates that if the performer continues to work in the position being replaced even after its expiration date, then the transfer automatically becomes permanent

Step-by-step translation instructions

The specificity of the procedure for transferring an employee to a permanent job is that it can be carried out both within the organization and with a transfer to another employer. For internal transfer, an order and an entry in the work book are sufficient. For an external one, you will need to leave one employer and apply for employment with another.

Step-by-step instructions.

• When re-registering externally, the new employer draws up a written application using the full name of the head of the previous institution where the employee is employed. The invitation indicates the specialist’s initials, his position, as well as the date of planned admission to the new organization. The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director.
• The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal.
• Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification.
• The dismissal-transfer order is drawn up with reference to Article 77 of the Labor Code of the Russian Federation. The document is certified by the seal and signature of the manager. In addition, the employee also signs it.
• Part of the procedure ends with an entry in the labor report about dismissal and transfer to another institution. After this, the fired person receives money against payment and his personal card is closed.
• The specialist who has received the book draws up an application with demands to accept him for permanent employment, and a contract is concluded with him that does not imply a probationary period. An order document on admission to a position through transfer from another institution is also generated. A new personal card is issued.
• When re-registering internally, the specialist is notified in writing of the procedure for transferring an employee from temporary to permanent work two months before the start of registration. The employee confirms consent with a dated signature or statement.
• An additional agreement to the contract is concluded taking into account the changed responsibilities. Based on the agreement, an order is created. The position, initials, transfer department, and salary amount are discussed.
• The relevant data is recorded in the work book.

Temporary transfer

So, temporary transfer means a temporary change in a job function or structural unit. During a temporary transfer, the employee retains his previous place of work.

By virtue of Part 1 of Art. 72.2 of the Labor Code of the Russian Federation, an employee may be temporarily transferred to another job with the same employer by agreement of the parties, concluded in writing, for a period of up to one year. If the transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his place of work, the transfer period will end when this employee returns to work.

The employee himself can propose a transfer when, for example, another position in the same department or a position in another department is vacated. As a rule, a desire to transfer on a permanent basis is expressed. If the employer does not object, the employee is transferred. However, the Labor Code establishes cases when an employee is entitled to a temporary transfer to another position for certain reasons and the employer cannot refuse him.

In accordance with Art. 254 of the Labor Code of the Russian Federation, such guarantees are provided:

1. Pregnant women, if, in accordance with a medical report, they cannot perform the work of their position. Based on the pregnant woman’s application, the employer must reduce her production standards, service standards, or transfer her to another job that eliminates the impact of adverse production factors.

2. Women with children under the age of one and a half years, if they are unable to perform their previous work. This should be understood as cases where such work is incompatible with feeding the child and properly caring for him or when such work has a certain working hours, relates to work with a traveling nature or remote from the place of residence, etc. (paragraph 3 p. 22 Resolution of the Plenum of the Armed Forces of the Russian Federation dated January 28, 2014 No. 1 “On the application of legislation regulating the labor of women, persons with family responsibilities and minors”).

If these women are transferred to lower-paid positions, they retain the average earnings for their previous jobs.

However, the initiator of the transfer is often the employer. And here the Labor Code establishes cases when:

1. The employer is obliged to offer the employee a transfer.

2. An employer may transfer an employee without his consent.

If, according to a medical report, an employee cannot hold his position at all, or if he has been deprived of special rights, he is offered not a temporary, but a permanent transfer. There are many other cases where a permanent transfer should be offered. For example, if an employee refuses to work under new conditions when there is a change in organizational or technological working conditions, resulting in a change in the terms of the employment contract (Article 74 of the Labor Code of the Russian Federation), a reduction in the number or staff of employees (Part 2 of Article 81 of the Labor Code of the Russian Federation), or the employee’s inconsistency with the job positions (part 3 of article 81), etc.

Please note: in cases where the employer is required to offer an employee a temporary transfer according to the table, the employee will be required to transfer to the offered position. Otherwise, the employer will have to remove him, since he can no longer perform the work of his position.

In other cases, in addition to these and those listed in Art. 72.2 of the Labor Code of the Russian Federation (for example, production necessity), the employee’s consent to a temporary transfer is required.

Transfer of an employee from a permanent job to a temporary one

The placement of a temporary employee occurs with reference to Article 59 of the Labor Code of the Russian Federation. According to its requirements, a fixed-term contract is drawn up with the employee, implying a certain period of validity.

Translation stages.

• The applicant draws up an application letter with an assigned serial number addressed to management personnel.
• Copies of the documents of the future temporary worker are taken - passport data, SNILS, INN, diploma. A driver's license and medical record may be required.
• An acceptance order is issued. In the “conditions” line, “temporarily” is written with the dates indicated. Signed by both parties.
• An urgent labor document is drawn up, which specifies the rights, responsibilities and nature of employment. If it is intended to temporarily fill the place of the main specialist, then the initials of the main person are indicated. The payment procedure and working hours are prescribed. In certain cases, a fixed-term contract requires additional agreements. Usually we are talking about situations where key personnel extend their vacation for various reasons.
• The temporary worker’s personal file is completed and a personal card is created.

Order temporary worker becomes permanent

You will need

• — employee documents;
• — documents of enterprises;
• — seals of enterprises;
• — forms of relevant documents;
• - pen;
• — Labor Code of the Russian Federation.

Instruction 1 If a transfer is made to another employer, the director of the enterprise who wants to hire him in his organization writes a letter of invitation addressed to the director of the company where the employee currently works. In the document, the employer indicates the last name, first name, patronymic of the employee, the position he holds, and the date from which the manager expects to hire this specialist. Assigns a number and date to the letter, certifies it with the seal of the company and the signature of the first person of the organization. 2 The current employer writes a letter of representation to the new employer about the transfer and attaches a reference for the employee, if necessary.

Nuances

The nuances of re-registering a temporary specialist for a permanent job are important for those who want to minimize the number of errors. You need to know the exact wording of the terms of the Labor Code of the Russian Federation, as well as the process of drawing up documents, the number of required samples and other information.

• Transfer is an appointment to a specific position that requires consent from the employee.
• The agreement on re-registration includes the main points of the procedure, is drawn up in two copies, signed by both the employee and the manager.
• The transition period is the time period during which this procedure occurs. Negotiated individually with the employee.
• An employment contract reflects data on rights, responsibilities, and salary.

Comments Showing 2 of 2

• Lyudmila 14:08 09/20/2018
  Hello. Please tell me who has priority for a permanent place of work (when a permanent place becomes vacant): the one who was previously hired for a temporary place of work or the employer can leave this employee in a temporary place and accept a new employee for a permanent place?

  Answer

• Ayagma 09:27 10/18/2018

  Hello! Please tell me how to add. agreement to do correctly when transferring from a temporary place of work to a permanent place for the same position as a methodologist?

  Answer

If a temporary employee becomes permanent

Hello, I need your help, the situation is as follows: an employee has been hired for the period of parental leave of the main employee. The main employee quits. How to transfer a temporary worker to a permanent basis? It is advisable to order samples and additional information. agreements. Thank you. Answer: No additional agreement is needed here. Upon expiration of the fixed-term employment contract, if neither party declares the expiration of the employment contract, it is considered extended indefinitely. That is, it automatically turns into an indefinite employment contract. Read carefully article 58 of the Labor Code of the Russian Federation. As for the order, if, when filling the position of a temporarily absent employee, an order was issued for temporary appointment to the position, then from the moment the contract is automatically extended, it is necessary to issue an order for the approval of a permanent employee in the position. The order is drawn up in any form.

Briefly about translations

In accordance with 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 he works (if the unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job to another location with the employer.

1. Transfer can be temporary or permanent.

2. The translation consists of:

• in changing the employee’s labor function;
• or change of structural unit;
• or moving to work in another area with the employer.

3. A change in the structural unit will be a transfer only when this unit was indicated in the employment contract.

The most common type of transfer deserves special attention – in connection with a change in job function.

The labor function is understood as working in a position in accordance with the staffing table, profession, specialty, indicating qualifications, and the specific type of work assigned (Article 15 of the Labor Code of the Russian Federation). Labor functions are determined by employers on the basis of qualification reference books and professional standards and are established in job descriptions and employment contracts.

We invite you to familiarize yourself with the Adaptation period at work

That is, it is not enough to simply change the employee’s job function; he must be transferred to a position with a different name. To do this, you need to make changes to the staffing table:

• introduce a new position into it;
• transfer an employee to it;
• reduce the old position.

If the job duties remain the same, but the title of the position changes, the transfer is not formalized - the position is simply renamed. Then changes are simply made to the staffing table and the employment contract.

In both cases, you need to make entries in the work book. In the first case - about transfer, and in the second - about renaming the position.

Let us note that when transferring to another structural unit, the employer is not obliged to indicate in the employment contract which unit the employee works in, unless it is a separate unit (branch or representative office) (Article 57 of the Labor Code of the Russian Federation). Therefore, even if the employer, in violation of this rule, did not indicate a separate division in the employment contract, then if the employee’s place of work changes, for example to the head office, a transfer must be completed.

And the rarest case of processing a transfer is when the employer moves to another area and the employees agree to the move.

We arrange a permanent transfer

So, if the main employee does not return to work and quits or is transferred, or the temporary position was vacant, then the employer can offer the temporary employee to remain in it on a permanent basis. In addition, if the employer did not offer the employee to return to his previous place, and he did not demand, the transfer will automatically become permanent. In all cases, a permanent transfer must be formalized accordingly.

1. It is necessary to conclude a new agreement to the employment contract stating that the condition on the temporary transfer has lost force and the employee’s transfer has become permanent. Let's give an example.

2. Based on the agreement, a corresponding order is issued.

3. Unlike a temporary transfer, information about a permanent transfer is entered into the work book within a week from the date of issue of the order (clause 10 of the Rules for maintaining and storing work books). How this recording is made is not established by law, so opinions differ. However, we believe that in column 2 the date from which the employee was transferred temporarily should be entered, in column 3 write “Transferred to position...”, and in column 4 indicate the details of both orders - on temporary and permanent transfers (see sample) .

4. The employer is obliged to familiarize the owner with each entry made in the work book about the transfer of an employee to another permanent job, against the signature in his personal card, where the entry made in the work book is repeated. Information about employee transfers is entered in section. III personal card “Hiring and transfers to another job” in form T-2.

Column 1 records the date of the employee’s transfer to another job, namely the date corresponding to the beginning of his temporary transfer. Columns 2 and 3 indicate the structural unit and position in the new job. Column 4 shows the salary for the new job. Further, by analogy with the work book, in column 5, as the basis for the transfer, the details of the order that issued the temporary transfer are reflected, then the order recognizing the temporary transfer as permanent.

transfer to a job with lower qualifications with the consent of the employee

Agencies are different, some provide honest, conscientious workers, others may provide personnel that does not meet the requirements of the organization. Some companies complain that the provider does not provide employee services on time.

Question: The employer issued an order to temporarily transfer an engineer to the position of head of a department for a period of 1 year. Later, but before the expiration of this period, a decision was made to appoint him to this position on a permanent basis.

The exact date of termination of the contract is rarely written; more often they refer to some event - depending on why the temporary worker was needed.

Translation process within one organization

To transfer an employee from a temporary job to a permanent position within the company, you will need to comply with regulations. Registration of a new status involves collecting and drawing up the following papers:

1. A written request from an employee requesting a change in the format of the position. A document is generated before the expiration of the temporary contract and submitted to the head of the company.
2. An employee of the personnel department generates an order for appointment to permanent employment and endorses it from the director. The paper must contain information:

• grounds for re-registration;
• information about the citizen;
• old and new places of work;
• document serial number, date.

1. The new contract reflects the position, salary and bonuses, powers and obligations of the parties. The paper is produced in 2 copies. It is endorsed by the parties and secured with the company’s stamp.
2. Job description and note in the work book.
3. Orders to adjust schedules and vacations.

Read also: How to leave a child with his father after a divorce

Note: when a temporary contract is terminated, a person’s work experience is interrupted, which will negatively affect the calculation of a pension. However, such a procedure may become forced, for example, if, at the end of the agreement, the employee did not provide the necessary papers for registration for a permanent position.

When internally relocating a staff unit, a notice is sent to the employee’s address. The notice period is 2 months. before initiating the procedure. The employee draws up a written consent - signs and dates it. Additionally, this can be done in the form of a statement about receipt of the notification and familiarization with the text of the notification.

The responsible person then enters into an additional agreement taking into account the new responsibilities. Based on this, a decree is formed, which stipulates the position and amount of remuneration. The relevant information is entered into the work book.

Basic provisions

The grounds for concluding a fixed-term employment contract are specified in Art.
59 Labor Code of the Russian Federation. At the same time, there are grounds when a fixed-term employment contract is concluded without fail - employment relations cannot be established for an indefinite period (Part 1 of the article) - and when such an agreement can be concluded by agreement of the parties (in the cases listed in Part 2 of the Article ). A fixed-term employment contract must indicate its validity period and the circumstances (reasons) that served as the basis for its conclusion for a certain period (paragraph 4, part 2, article 57 of the Labor Code of the Russian Federation).

Relations under a fixed-term employment contract are terminated (by virtue of Article 79 of the Labor Code of the Russian Federation) upon the expiration of its validity period. Moreover, the agreement concluded:

• for the duration of certain work, - terminates upon its completion;
• for the duration of the duties of an absent employee - terminates when he returns to work;
• to perform seasonal work during a certain period (season), - terminates at the end of this period (season).

The employee must be notified in writing of the termination of the employment relationship due to the expiration of the contract at least three calendar days before dismissal, except in cases where the contract concluded during the performance of the duties of the absent employee expires.

Translation processing

The sequence of actions for the internal transfer of an employee is characterized by maximum simplicity and a short deadline. The algorithm of actions is reduced to the following stages:

1. The employer must request a statement from the employee. It is written by hand in free form, respectively, addressed to the head of the enterprise. The main essence should be a request to be transferred to a specific position (indicate its name according to the staffing table) in a department (indicate its name) from the date (specify the date and month). At the end there must be a signature and the number of writing.
2. Based on the received application, the employer forms an order (No. T-5). The document must indicate the full name of the new employee, the type of transfer and the basis. It is necessary to indicate the number and details of the previously concluded employment contract.
3. The completed order is signed by the current employee and the employer.
4. Based on the order, a new employment contract is formed with updated working conditions, terms, procedure and amounts of remuneration, and the rights of each party. The document is drawn up in two versions - one for the employee, the other remains with the employer.
5. Preparation of job descriptions. Due to the fact that a person’s professional status changes, the instructions need to be updated. It will update the rights and obligations of the parties, and a note will be made about this in the work book.
6. At the same time, an order is being prepared to change staffing levels and establish a vacation schedule.

A variety of situations are possible related to the transfer of a worker under a fixed-term employment contract. Let's look at the most common ones.

Situation 1. An employee is hired under a fixed-term employment contract, the expiration date of which has been established.

During the work process, it became necessary to transfer the employee temporarily to another position, to take the place of the absent employee.

However, while he was working in another position, his employment contract expired. Will the contract period be automatically extended for the duration of the temporary transfer?

Of course not. If you do not notify the employee of the end of a fixed-term employment contract at least three calendar days in advance, it will become indefinite and upon the departure of the second employee you will have to provide the first with the same place of work, but as a permanent one.

In this case, there are two options.

1. Conclude an additional agreement to a fixed-term employment contract to change its expiration date.

If the contract cannot be extended, only the second option remains.

2. Terminate a fixed-term employment contract with an employee at the end of its validity period and conclude a new fixed-term employment contract for a second position.

Situation 2. An employee working under a fixed-term employment contract is temporarily transferred to another position. But after the transfer was completed, the employer did not offer the employee his previous position and he remained working in the new one. Is it legal to dismiss at the end of the employment contract?

By virtue of Part 1 of Art. 72.2 of the Labor Code of the Russian Federation, 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, then the condition of the agreement on the temporary nature of the transfer loses force and it is considered permanent.

We invite you to familiarize yourself with How to correctly conclude a GPC agreement?

If we turn to judicial practice, the courts, for example, believe: when an employee working under a fixed-term contract is permanently transferred to another position, then he can be dismissed at the end of the contract term only if there are grounds for concluding a fixed-term employment contract in the new position in accordance with with parts 1 and 2 art.

59 of the Labor Code of the Russian Federation or other federal laws (see Appeal ruling of the St. Petersburg City Court dated February 15, 2015 No. 33-207/2015). We believe that a similar approach is also applied in the case when the condition of the agreement on the temporary nature of the transfer loses force and the transfer becomes permanent.

Situation 3. An employee with whom an employment contract has been concluded for an indefinite period is temporarily transferred by the employer to another position in place of a temporarily absent employee, with whom, in turn, a fixed-term employment contract was concluded. Is it possible to dismiss a transferred employee at the end of a fixed-term contract for a temporary position?

Dismissal due to the expiration of the employment contract (clause 2, part 1, article 77 of the Labor Code of the Russian Federation) in this case is illegal due to the same article. 72.2 Labor Code of the Russian Federation.

Transfer of a permanent employee transferred temporarily to the same position permanently

Questions and answers on the topic

• In what cases is it possible to extend a temporary transfer?
• How to register an employee when the transfer deadline expires
• How to transfer employees to part-time work?
• What is the procedure for transferring from 0.5 rates to 0.25?
• Is the employee required to agree to a transfer of 0.5 rates?

Question: Tell me how to properly formalize a temporary transfer to another position for a permanent transfer to the same position? The employee was temporarily transferred to another position during the absence of the main employee, then the main employee quits without going to work, and the temporary employee continues to work in the same position. Is it necessary to formalize this with an order for transfer to permanent work or is it enough to change the terms of the employment contract? And how to correctly enter information about transfer to this position in the work book, because

Registration of transfer from temporary to permanent work

There are two types of part-time work:

• internal part-time work is working for the same employer, in the same organization;
• external part-time work is working for other employers, in other organizations.

Combination The concept of “combination” is contained in Art. 60.2 Labor Code of the Russian Federation. Combination is the performance by an employee of a larger amount of work, for example, fulfilling the duties of an absent employee. Attention In this case, the employee is not released from his main job and works part-time not in his free time, but during the main working hours. In other words, the employee is under a lot of workload.

Internal transfers: done correctly

At the end, sign, hand the document to the employee for signature, then certify the accuracy of the above information with a blue imprint of the organization’s stamp. Draw up the employment contract in two copies, one of which is given to the HR department, the second one is given to the employee himself. 5

Next, you need to make an entry in the employee’s work book. To do this, enter the serial number and date. Next, write that the employee has been transferred to permanent work, then enter the order number.

6 After this, you need to issue an order to change the staffing table and vacation schedule. Based on this document, make changes to the above forms.

7 If an employee worked for you as an external part-time worker, he must quit his previous job or transfer to you.

To do this, you can write a certificate stating that you agree to hire this employee for permanent employment.