Dismissal when the organization moves to another city, change of employer's address

Obtaining the employee’s consent The situation when an employee refuses to sign an additional agreement related to the transfer of an office out of town is rare, but you still need to be prepared for it.

Secondly, it should be remembered that an employee who refuses a transfer will have to be fired on the basis of paragraph 9 of Article 77 of the Labor Code of the Russian Federation due to refusal to be transferred to work in another locality together with the employer. We register those who have agreed. To do this, follow the link in the letter sent to.

Due to the expiration of the lease, the employer was forced to move to another office within the same city, as well as move the employee’s workplace to another premises

At the same time, the employer did not ask the employee whether he agreed to move his workplace. The employment contract does not specify the employer's location address. The employee was notified in writing of a change in the employer's address, but he refuses to go to work at the new address. What is the procedure for notifying an employee of a change in the employer’s address if it is not specified in the employment contract?

In such a situation, is the employee obliged to go to work at the employer’s new address? Having considered the issue, we came to the following conclusion: From parts two and four of Art. 57 of the Labor Code of the Russian Federation it follows that indicating the address of the employer’s location constitutes a clarification of the place of work.

Office relocation order

From this article you will learn:

how to distinguish a move from a transfer to another area;
How to write an order to move an office.
what to do when moving an office;

Moving or transferring to another location?

a general order for the office with familiarization against the signature of each employee.
personal notification to each employee against signature;

In this matter, it is not the form that is important, but the communication of information to all employees and obtaining a personal signature from them as confirmation of the fact of familiarization with the company’s move.

Office relocation HR documents that need to be completed when changing the location of the office include: created in free form.

Notification of an employee about the employer's move to another area (filling sample)

Similar forms Notification of the employer's move to another area (filling out sample) Employee's application for reimbursement by the employer of expenses when the employee moves to another area Order (instruction) to transfer the employee to another job.

Transfer of an employee to another job due to the relocation of the organization to another location. Unified form No. T-5 (sample of filling) An employee’s application for reimbursement of expenses when moving to work in another area (sample of filling) Statement of claim to a court of general jurisdiction for the recovery of monetary compensation when an employee moves to work in another area Order (instruction) for transfer employee to another job. Transfer of an employee to work in another area.

Registration deadlines

Typically, dismissal occurs 2 weeks after the application is written. However, with remote access the period will be longer. It will take time to send applications, orders and permits. The deadline will depend on the remoteness of the sending and receiving points, and the speed of processing of the received information by the parties. Therefore, you should not expect that everything will be resolved in 2 weeks. It will take at least 3 - 4 weeks.

When moving, the employer must formalize the transfer or dismissal of employees. A certain procedure has been established for this, which includes the following actions:

Delivery of a written notice (warning) about the upcoming move to another city to each employee. In this warning, the employer must offer employees a transfer to work in another city.

It is recommended to send such a written warning 2 months in advance. before upcoming events (in relation to Article 74 of the Labor Code of the Russian Federation).

Receiving a written response from each employee to the transfer proposal.
Registration of the transfer of employees who agreed to move by drawing up an additional agreement.
Registration of dismissal of employees who refused the offer to move in writing.
Settlements with dismissed employees, issuing them a work book and other related documents (for example, 2-NDFL certificates, etc.).

We suggest you read: Is the consent of the trade union body required for dismissal
? In addition to resolving personnel issues, the employer must provide financial assistance when moving to the employee, and, if necessary, to all members of his family. This is evidenced by Art. 169 Labor Code of the Russian Federation. This article provides for reimbursement and compensation for expenses by the employer, which:

are directly related to the relocation of the employee and his family (fare, baggage allowance, etc.);
concern the arrangement in a new place.

The amount of such compensation, as is customary, is determined on the basis of the provisions of the collective (labor) agreement, local acts, and norms of applicable legislation. This compensation is not subject to personal income tax or general mandatory contributions. It should also be noted that an employee who agrees to move and receives such compensation assumes certain obligations, which are usually specified in an additional agreement.

For example, quite often such an obligation is a requirement to work at a new workplace for a specific period of time, determined by an additional agreement. If this obligation is not fulfilled or violated, the employee will have to return the money that the employer paid him (as compensation) when moving.

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Sample order for moving an office within the city

The company moves to another city. Painless ways to transfer employees to a new place How to change the terms of an employment contract without asking the employee In what document to justify organizational changes What vacancies to offer to a replacement employee A decrease in sales and a deterioration in the financial situation of the company are not reasons for changing the terms of an employment contract unilaterally.

Notification of changes in the terms of the employment contract Employees must be notified of changes in organizational or technological working conditions in writing two months before the change of location of the company (Article 74 of the Labor Code of the Russian Federation). Fourthly, you need to indicate the date from which the place of work will change, as well as in what form and within what time frame the employee must inform about his decision.

Dear Oleg Valerievich!

We offer you a transfer to work in another area at the above address without changing the other conditions of the previously concluded employment contract with you dated January 15, 2005 N 177.

According to Art. 169 of the Labor Code of the Russian Federation, if you agree to the transfer, you will be reimbursed for the costs of moving you and your family members, transporting property and settling into a new place of residence in the amount of actual documented costs. We notify you that in accordance with Part 1 of Art. 72.1 of the Labor Code of the Russian Federation You have the right to: - agree to a transfer to another location together with the employer; - refuse to be transferred to another location. In case of your refusal, the employment contract with you will be terminated on the basis of clause.

We process it correctly: transfer of an employee to another location

Anna Manaenkova lawyer
Any company may need to transfer employees to other regions. Anna Manaenkova, a legal lawyer, found out what actions an employer needs to take in order to correctly process such a transfer in accordance with the law.

The transfer of an employee to work in another location together with the employer is regulated by Article 72.1 of the Labor Code of the Russian Federation. Transfer should be understood as a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee is employed (if the structural unit was specified in the employment contract), while continuing to work in the same company, as well as transfer to work in another location together with the employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation (such as fire, industrial accident, industrial accident, flood, famine, etc.). According to the law, if a company decides to move to another location, it must take certain actions. Let's look at what steps you need to take.

Informing

First, the company must notify all employees about the transfer of operations to another location and offer employees the transfer together with it. Let us note that the Labor Code of the Russian Federation does not specifically and accurately determine in what time frame and in what form the company must notify about the decision made and offer employees to transfer to another location. Therefore, in practice, many employers, guided by Article 74 of the Labor Code of the Russian Federation, warn their employees about the move two months in advance. However, judicial practice shows that such a judgment is erroneous. For example, according to the Appeal ruling of the Nizhny Novgorod Regional Court dated December 13, 2020 in case No. 33-14997/2016: “The actions of an employer who has decided to move to another area are not regulated by the Labor Code of the Russian Federation. Since the procedure for informing employees about the employer’s relocation to another location while maintaining the previous terms of the employment contract is not defined by law and differs from the procedure provided for in Article 74 of the Labor Code of the Russian Federation, the employer determines the timing and mechanism for resolving this issue with employees independently.”

Due to the fact that the period for informing employees about the employer’s relocation to another location is not fixed at the legislative level, the company must independently determine this period based on the principle of reasonableness.

In my opinion, notice of a company moving to another location must be given at least one calendar month before the expected date. During this period, in case of consent to the move, the employee will be able to make an informed decision, as well as carry out all the necessary preparatory measures for the further move, or, in case of refusal to move, the employee can begin looking for a new job.

Preparation of notification

The notification must be in writing and must contain the following information: the new address of the company's location; the period within which the employee must notify the employer of consent to the transfer or refusal of it; date the employee started working at the new location; guarantees provided to the employee in connection with the move; the consequences of the employee’s refusal to be transferred together with the employer to another location (in this case, the dismissal of the employee on the basis provided for in clause 9, part 1, article 77 of the Labor Code of the Russian Federation). The notice must be delivered to each employee of the company against signature, and in case of refusal to receive the notice, the employer must draw up a corresponding act of refusal.

Formatting a response

The second important action of the employer is obtaining consent. It must be in writing. Receiving a specific answer (consent or refusal) from the relocation employee is extremely important for the employer, since in the future the employee can sue and challenge the company’s actions, and this document will serve as proof of the legality of the company’s actions.

Let's consider a case from practice: an employee filed a lawsuit to have his dismissal declared illegal under subparagraph “a” of paragraph 6 of part 1 of Article 81 of the Labor Code of the Russian Federation for absenteeism and to be reinstated in the position of Deputy General Director. In support of his claims, he indicated that he had been given a notice of transfer from the city of St. Petersburg to work in another area together with his employer. He had questions that he outlined in his written request to management.

Due to the fact that there were no answers to them, he decided that he might not go to work at the new address of the enterprise. Having studied the evidence presented in the case materials, the court came to the conclusion that the employer did not receive consent to the transfer, nor a refusal from it, and the employment relationship between the parties was not terminated on the date of the actual relocation of the enterprise - September 1, 2012. Under such circumstances, the plaintiff continued to be subject to the terms of the employment contract regarding compliance with discipline and internal labor regulations. Meanwhile, as can be seen from the case materials, the plaintiff did not show up for work both in the city of St. Petersburg and at the new location of the employer, which is confirmed by the acts available in the case materials and is not denied by the plaintiff himself. No explanation was received from him regarding his absence from work; he did not present documents confirming valid reasons for his absence. Based on the foregoing, the court concluded that the plaintiff actually committed absenteeism and was rightfully dismissed by the employer. In connection with the above, the court refused to satisfy the claims for recognition of illegal dismissal and reinstatement at work (Appeal ruling of the Moscow Regional Court dated September 30, 2013 in case No. 33-19 078/2013).

Refusal or consent

When the employee has been given a notice and has received a refusal or consent to be transferred to another location, the company can proceed to further steps to formalize the labor relationship provided for by the Labor Code of the Russian Federation.

If the employee refuses to move with the employer to another location, the company must issue an order to dismiss the employee on the grounds provided for in paragraph 9 of part 1 of Article 77 of the Labor Code of the Russian Federation, but not earlier than the period specified in the notice. In addition, the employer is obliged to pay the employee severance pay in the amount of two weeks' average earnings, unless a different amount is provided for in the labor or collective agreement (Article 178 of the Labor Code of the Russian Federation). If the employee agrees to the transfer - in accordance with Article 169 of the Labor Code of the Russian Federation, when moving, by prior agreement with the employer, to work in another area, the company is obliged to reimburse the employee: the costs of moving the employee’s family members and transporting property, as well as the costs of settling in a new place residence.

In this case, the procedure and amount of reimbursement of expenses are determined by a collective agreement or a local regulatory act or by agreement of the parties to an employment contract for employees of other employers, unless otherwise established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation (Part 4 of Article 169 of the Labor Code of the Russian Federation) . Today, the procedure and amount of compensation for moving, in addition to the Labor Code of the Russian Federation, is also regulated by Resolution of the USSR Council of Ministers of July 15, 1981 No. 677 “On guarantees and compensation when moving to work in another area,” in part that does not contradict Article 423 of the Labor Code of the Russian Federation. Expenses for transporting property by rail, water and road transport (public) are paid in an amount of up to 500 kilograms per employee and up to 150 kilograms for each moving family member. By agreement of the parties, the actual costs of transporting property in larger quantities may be paid.

Misinterpretation

Please note that in practice there are often cases of incorrect application of labor legislation when an employer, when changing the location of a company, tries to fire an employee due to refusal to continue working due to a change in the terms of the employment contract determined by the parties (Clause 7, Part 1, Article 77 of the Labor Code of the Russian Federation). However, moving a company to another area does not fall under the above article of the Labor Code of the Russian Federation. A change in organizational or technological working conditions should be understood as a change in the structure of the organization, the regime of work and rest, the introduction of new production technologies, the improvement of workplaces, etc. Thus, in one case from practice, a case was considered where the court found that an employee was dismissed legal and reasonable, but with incorrect wording. When moving a branch to another area, the employer fired an employee who refused the transfer under clause 7 of part 1 of Article 77 of the Labor Code of the Russian Federation. However, in this case, the grounds for dismissal provided for in paragraph 9 of part 1 of Article 77 of the Labor Code of the Russian Federation were to be applied - the employee’s refusal to be transferred to work in another location together with the employer. The court, by its decision, changed the wording to the correct one, without nevertheless recognizing the dismissal itself as illegal (Decision of the Novy Urengoy City Court of the Yamal-Nenets Autonomous Okrug dated January 13, 2012, Appeal ruling of the Yamalo-Nenets Autonomous Okrug dated March 22, 2012 No. 33-550/2012 ).

In case of violation of the procedure for transferring an employee to work in another locality, the employee can appeal the employer’s actions in court. An employee may ask the court to declare the dismissal illegal and reinstate him at work, at the same time demanding compensation from the company for moral damages, average earnings for the period of forced absence until the day of reinstatement, and compensation for legal expenses. And if the court finds that the company violated the procedure for transferring an employee, this will lead to additional costs.

It is possible to bring the employer to administrative liability for violation of labor legislation (clause 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation). The sanction of this article provides for a warning or the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for legal entities - from 30,000 to 50,000 rubles.

In practice, there are often cases of incorrect application of labor legislation when an employer, when changing the location of the company, tries to fire an employee due to refusal to continue working due to a change in the terms of the employment contract determined by the parties.

Moving or transferring to another location?

A change in the location of an organization cannot but affect employees. For the personnel department in this case, such a factor as moving within one locality or moving to another territorial unit is important. In most cases, personnel documents and employment contracts with employees of an enterprise indicate the city where the organization is located without indicating the exact address.

When moving an office to another locality, we are talking about changing the address of a legal entity, while transferring employees to another location can only be done with prior approval and receipt of the written consent of each employee (Article 72.1 of the Labor Code of the Russian Federation). When changing a locality, the distance between the previous and future location of the organization does not matter; what is important is the fact of moving to another locality. In the case when the office moves outside the city and changes the address, one of the important aspects of the employment contract changes - the place of work (Article 58 of the Labor Code of the Russian Federation).

It is not legally established how long it is necessary to notify employees about the company's relocation; this is explained by the fact that such situations are quite difficult to predict. However, formal notification of employees is a clearly established requirement of labor law. The form of notification may be different:

personal notification to each employee against signature;
a general order for the office with familiarization against the signature of each employee.

Transfer of an employee to another location

For various reasons, the employer has to transfer employees to another position, to another structural unit or to another location. At the same time, the Labor Code of the Russian Federation names cases when an employer is required to offer an employee a transfer. In this article, we recall the rules regarding transfer to another area when changing the location of the institution.

Transfer to another job in accordance with Art. 72.1 of the Labor Code of the Russian Federation recognizes 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 work in another location along with employer.

Let us remind you that transfer to another area together with the institution is classified as permanent.

Transfer to another job is permitted only with the written consent of the employee, with the exception of certain cases. In particular, an employee may be transferred without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer:

- in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it (Part. 2 Article 72.2 of the Labor Code of the Russian Federation);

- in cases of downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or to replace a temporarily absent employee, if the downtime or the need to prevent destruction or damage to property or to replace a temporarily absent employee is caused by emergency circumstances ( Part 3 of Article 72.2).

Transfer to work in another area together with the employer should be distinguished from other movements (relocations) of workers:

— from the movement of employees working on a rotational basis. In this case, moving from one facility to another cannot be considered a transfer, since the fact that the employee works at facilities located in different locations is a condition of his employment contract;

- from the transfer of an employee from one structural unit of an institution to another, located in a different area, if the institution itself does not move, since in this case there is a transfer to another job, and not to another area together with the employer, since the location of the latter does not change. Let us clarify that changing the location of a separate unit is not regulated by Art. 72.1 of the Labor Code of the Russian Federation and cannot be considered as the employer moving to another area. In addition, according to paragraph 3 of Art. 55 of the Civil Code of the Russian Federation, branches, representative offices and other separate structural divisions are not legal entities and, accordingly, cannot be considered employers in relation to employees. That is, a change in their location and transfer to work in another separate unit are not considered a transfer in connection with the relocation of the employer to another location. Therefore, in case of change of address of a branch or representative office, Art. 72 of the Labor Code of the Russian Federation, according to which changes in the terms of an employment contract determined by the parties are allowed only by agreement of the parties. In this case, it is necessary to conclude in writing an additional agreement to the employment contract on changing the terms of this agreement determined by the parties. If an employee refuses to be transferred to another location together with a branch, representative office or other separate unit, the employment contract with him is terminated in accordance with clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work due to a change in the terms of the employment contract determined by the parties);

- from personnel rotation, which is the movement of specialists or management employees from one position to another in the same or another institution, taking into account their level of qualifications, professional education and length of service (service) in their specialty. The purpose of rotation may be to promote an employee to a position with expanded powers and range of job responsibilities; an increase in the level of qualifications, accompanied by the assignment of more complex tasks to a manager or specialist, without promotion, but with an increase in wages; change of tasks and responsibilities due to transfer to an equivalent position without promotion in position and salary. In addition, rotation involves transferring an employee to a new job or position to gain additional qualifications and expand professional experience.

It should also be noted that in accordance with Part 6 of Art. 60.1 of Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation”, a civil service position to which a civil servant is appointed on a rotation basis is filled for a period of three to five years. This is also indicated in the Letter of the Ministry of Labor of the Russian Federation dated September 18, 2012 “On Methodological Recommendations” (together with the Recommendations dated April 30, 2013 “Methodological Recommendations - 2.0. Organization of rotation of federal civil servants in federal executive bodies”).

So, transfer to work in another area together with the employer includes transfer to an area outside the administrative-territorial boundaries of the corresponding locality in which the employer was located (clause 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 “On the application by the courts of the Russian Federation Labor Code of the Russian Federation"). It should be remembered that the employer must inform employees of the decision to transfer the institution’s activities to another location. It is not legally defined when and in what form the employer must offer employees to transfer to another location. Therefore, we believe that it is necessary to be guided by Art. 74 of the Labor Code of the Russian Federation and warn them, in order to avoid problems, two months before the planned move, in writing, for example, in the form of a notice, which will reflect:

— new address of the location where the activity will be carried out;

— the deadline for moving the institution to a new location and, accordingly, the date the employee starts working in the new location (the employer must clearly define the timing of the move; if the employer does not move within the established time frame, then a second notification is given);

— guarantees provided to the employee in connection with the move, including the composition, method and amount of expenses reimbursed to the employee;

— the period during which the employee must notify the employer of consent to the transfer or refusal of it;

- consequences of the employee’s refusal to be transferred together with the employer to another location (in this case, dismissal is formalized in accordance with clause 9, part 1, article 77 of the Labor Code of the Russian Federation).

To optimize documentation, it is more advisable to issue a single order (notification) about moving the organization to another location and bring it to the attention of all employees against receipt. If an employee refuses to sign, an act of refusal to familiarize is drawn up. Consent or refusal of the transfer should be obtained from each employee individually in any written form.

Let us note that if employees carry out labor activities not at the location of the employer’s executive body, then it will not matter to them where this body has moved, since this will not affect the performance of their labor duties in any way. In addition, the location of the organization is not a mandatory condition of the employment contract, unlike the place of work, especially for employees who work in branches, representative offices or other separate structural units (Article 57 of the Labor Code of the Russian Federation).

Let us clarify that the location of the employer is a legal entity in accordance with clauses 2, 3 of Art. 54 of the Civil Code of the Russian Federation is determined by the place of its state registration. The address of its location is recorded in the constituent documents, as well as in the Unified State Register of Legal Entities. That is, after the issue with the address is resolved, it is necessary to make changes to the constituent documents and register the changes in the prescribed manner.

When changing the legal address, it should be taken into account that the address is considered changed from the moment the corresponding entry is made in the Unified State Register of Legal Entities. This is due to the fact that, according to paragraphs. "c" clause 1 art. 5 of the Federal Law of 08.08.2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs” the Unified State Register of Legal Entities contains information and documents about a legal entity, in particular, the address (location) of its permanent executive body (in the absence of one - another body or person having the right to act on behalf of a legal entity without a power of attorney) through which communication with the legal entity is carried out. If a legal entity has a manager or management organization, along with this information, the place of residence of the manager or the location of the management organization is indicated. In addition, a record of a change in the address (location) of a legal entity is subject to mandatory entry into the Unified Federal Register of information about the facts of the activities of legal entities (clause “and” clause 7 of Article 7.1 of the said law).

If an employee agrees to be transferred to another location together with the employer, then the employer needs to discuss with him not only the terms of the transfer, but also the procedure for fulfilling the guarantees established by labor legislation. Let us add that, by virtue of Art. 57 of the Labor Code of the Russian Federation, an employment contract may provide for additional conditions that do not worsen the employee’s position in comparison with those established by law. Such conditions include, for example, the employer’s obligation to reimburse travel and living expenses.

Articles 164 and 165 of the Labor Code of the Russian Federation establish a list of guarantees and compensations (cash payments) related to the reimbursement to employees of expenses incurred in the performance of labor or other duties provided for by the Labor Code of the Russian Federation and other federal laws, in particular, when moving to work in another area . However, such guarantees and compensations are not included in the salary. A similar opinion is presented in resolutions of the FAS UO dated 06/08/2012 N F09-3304/12, FAS MO dated 03/21/2011 N KA-A40/1449-11 and dated 08/21/2008 N KA-A40/7732-08.

For your information. When guarantees and compensation are provided, the corresponding payments are made at the expense of the employer. If it is impossible to accurately determine in advance the amount of expenses to be reimbursed in connection with an employee’s move to work in another area, he is given an advance by prior agreement with the employer (clause 2 of Government Decree No. 187 of the Russian Federation).

They are defined in more detail in Art. 169 Labor Code of the Russian Federation. Thus, when employees move, by prior agreement with the employer, to work in another area, the latter is obliged to reimburse the following expenses:

- for the relocation of the employee, his family members and the transportation of property (except for cases where the employer provides the employee with appropriate means of transportation);

- for settling into a new place of residence.

Specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract; minimum amounts of compensation are not established by law. However, it is still necessary to be guided by Resolutions of the Council of Ministers of the USSR N 677 and the Government of the Russian Federation N 187. In addition to compensation for travel costs and expenses for transporting property, they provide for the payment of daily allowances to employees for each day on the road, a one-time allowance in the amount of a month’s salary at the new place of work and 1/4 of the employee's monthly salary for each moving member of his family.

Due to the fact that Art. 169 of the Labor Code of the Russian Federation does not oblige the employer to pay daily allowances for travel time, and also does not mention the payment of a one-time allowance to the employee and members of his family and wages for the days of preparation for travel and settling in a new place; these amounts are paid to employees only by agreement of the parties.

Note! When hiring a new employee, payment for his travel to the place of work specified in the employment contract is not recognized as compensation, since before the conclusion of the employment contract, the provisions of Art. 169 of the Labor Code of the Russian Federation do not apply.

The condition for compensation for the rental of residential premises should be reflected in the employment contract (additional agreement) with the employee, as well as in the local regulatory act of the institution. In addition, paragraph 3 of Resolution of the USSR Council of Ministers No. 677 establishes that employees who have moved due to their transfer to work in another area, and members of their families, are provided with living quarters on the terms stipulated by the employment contract. This resolution is valid to the extent that it does not contradict the Labor Code of the Russian Federation (Article 423 of the Labor Code of the Russian Federation). And, as we see, there are no contradictions with the Labor Code of the Russian Federation in this provision. And nowhere is it established what the costs of settling into a new place of residence are.

If an employee refuses to be transferred with the employer to another location, he must send the latter a written refusal. Only if you have such a document can you terminate the employment contract under clause 9, part 1, art. 77 Labor Code of the Russian Federation. In this case, the dismissed person must be paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation). In the order to terminate the employment contract, in the line (column) “Grounds (document, number, date)” the following details should be indicated:

— decisions of the authorized body to move the institution to another area;

- refusal of the employee to be transferred to another job.

We will separately dwell on the issue of refusing to move to another area for women with children under the age of three, single mothers raising a child under the age of 14 (a disabled child under 18), and other persons raising such children without a mother.

Let us remind you that it is not allowed to terminate an employment contract at the initiative of the employer with an employee during the period of his temporary disability and while on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation), with a pregnant woman, as well as a woman with a child under the age of three years , a single mother raising a child under 14 years of age (a disabled child under 18 years of age), other persons raising these children without a mother (Part 1, 4 of Article 261 of the Labor Code of the Russian Federation), except for the cases specified in these articles .

However, the employer’s move to another location actually means the termination of the employer’s activities in this area and we are talking about the transfer not of a specific employee to another job, but of the entire institution to another location. It is no coincidence that the basis for termination of an employment contract is provided not in connection with refusal to transfer at all, but in connection with refusal to transfer to work in another locality (Clause 9, Part 1, Article 77 of the Labor Code of the Russian Federation). Termination of an employment contract on this basis refers to the general grounds for termination and is not the initiative of the employer. Accordingly, these persons, if they refuse to move to another area, can be dismissed on a general basis.

Here is a sample of filling out a work book.

Office relocation

The decision to change the location of the company's office is made by a meeting of founders or a management body having the necessary powers. The decision to change the address of a legal entity indicates the reason and place of the company’s new place of registration. The address of the organization is reflected in the constituent documents and the Unified State Register of Legal Entities, therefore, when moving the office, you will need to make changes to the company documents and submit new data to the state registration authorities.

Even if the move is carried out within one locality, but to another municipal unit, data on the change of location must be transferred to the territorial bodies of the Federal Tax Service of the Russian Federation. A change in office/company address may result in a change in tax authority. This means that it is imperative to deregister the organization with one territorial branch of the tax service and register with a new body of the Federal Tax Service. The list of documents that must be submitted to the Federal Tax Service at the new place of registration is indicated in paragraph 1 of Art. 17 of Federal Law No. 129-FZ of August 8, 2001.

Guarantees for the employee during transfer

Let's look at the stages of this event:

The authorized body of the employer makes a decision on his relocation to another location and formalizes this decision in writing.
Each employee is notified in writing that the company is moving to another city. In the same notice, he may be asked to transfer with the employer. It is advisable to familiarize the employee with the notification against signature.

At the same time, when moving an enterprise to another locality, the employer is not obliged to offer this or that employee a transfer together with the enterprise for subsequent work, since he has the right to dismiss the employee under clause 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation (in connection with a change in the terms of the employment contract determined by the parties), warning him about this no later than two months before the transfer.

Next, each employee decides whether he agrees to be transferred to another location together with the employer. If he refuses, he submits an application to this effect, and the employment contract with him is terminated on the basis of clause 9, part 1, art. 77 Labor Code of the Russian Federation. In this case, the entire dismissal procedure must be followed. According to Part 3 of Art. 178 of the Labor Code of the Russian Federation, upon termination of an employment contract due to the employee’s refusal to be transferred to work in another location, together with the employer, the person who refused is paid severance pay in the amount of two weeks’ average earnings.
The next step: an agreement to the employment contract to change its terms is drawn up. The agreement is signed by each employee who agrees to the transfer. If, when transferring together with the employer to another location, in addition to the location itself, any other conditions change, then these changes should be reflected in the agreement.
If, upon transfer to another location, changes are made to the employer’s local regulations, employees must be familiarized with them in the manner prescribed by law.
Next, an order is issued to transfer workers to another area. Each employee is familiarized with the transfer order against signature.
The order is registered in the appropriate order register.
Information about the transfer is reflected in the personal card (the employee certifies the entry in it with his signature) and other documents.

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Before the move, the employer must notify its employees of the upcoming relocation to another location and offer them a transfer along with it. It is better to do this in writing. There is no special deadline for such notification, so you need to be guided by Art. 74 of the Labor Code of the Russian Federation and give a warning two months before the planned move.

Privolzhskoe interregional Chief specialist of the department of territorial management of the Rostekhregulirovaniya PMTU for technical regulation E.V. Vasilyeva and MetrologyNotification No. 15 dated September 20, 2010

The general rule establishing guarantees for an employee associated with his move to another area, as already noted, is Art. 169 of the Labor Code of the Russian Federation, according to which the employer is obliged to reimburse the employee for the following expenses:

for moving him and his family members and transporting property (except for cases where the employer provides the employee with appropriate means of transportation);
for settling into a new place of residence.

Specific amounts of reimbursement of expenses are determined by an additional agreement between the parties to the employment contract, but in any case they cannot be lower than the amounts established by Decree of the Government of the Russian Federation of April 2, 2003 N 187 “On the amount of reimbursement by organizations financed from the federal budget for expenses to employees in connection with their relocation to work in another area.”

a) expenses for moving the employee and his family members (including insurance premiums) - in the amount of actual expenses, if they are confirmed by travel documents, but not higher than the cost of travel:

by rail - in a compartment carriage of a fast branded train;
by water transport - in the cabin of the V group of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of the II category of a river vessel of all lines of communication, in the cabin of the I category of a ferry vessel;
by air – in the economy class cabin;
by road – in a public vehicle (except taxi).

In the absence of travel documents confirming the expenses incurred, reimbursement is made in the amount of the minimum cost of travel:

by rail - in a reserved seat carriage of a passenger train;
by water transport - in the cabin of the X group of a sea vessel of regular transport lines and lines with comprehensive passenger services, in the cabin of the III category of a river vessel of all lines of communication;
by road – in a public bus;

b) expenses for transporting property by rail, water and road transport (public) in the amount of up to 500 kg per employee and up to 150 kg for each moving member of his family - in the amount of actual expenses, but not higher than the tariffs provided for the transportation of goods (cargo luggage) ) by rail.

In the absence of these types of transport, expenses for transporting property by air from the nearest railway station to the place of work or from the nearest sea or river port open for navigation at a given time are reimbursed. Expenses for moving the employee and his family members and transporting property are not subject to reimbursement if the employer provides the employee with appropriate means of transportation;

c) expenses for settling into a new place of residence: for an employee - in the amount of the monthly official salary (monthly tariff rate) at his new place of work, for each moving member of his family - in the amount of 1/4 of the official salary (1/4 of the monthly tariff rate ) at the employee’s new place of work;

d) daily allowance – in the amount of 100 rubles. for each day of travel to a new place of work.

If it is impossible to determine in advance the exact amount of expenses to be reimbursed in connection with the employee’s move to work in another area, he is given an advance by prior agreement with the employer.

We invite you to read: Refusal of a car in favor of another heir

Expenses for moving members of the employee's family and transporting their property, as well as for arranging them at a new place of residence are reimbursed if the family moves to the employee's new place of residence before the expiration of one year from the date of actual provision of living quarters.

Reimbursement of expenses exceeding the amounts established by the Government of the Russian Federation is carried out by organizations at the expense of savings allocated from the federal budget for their maintenance, as well as at the expense of funds received in the prescribed manner from entrepreneurial or other income-generating activities.

If an employee does not start work on time without a valid reason, or before the expiration of the period established by the employment contract, and in the absence of a period, before the expiration of one year of work, he quit at his own request, or was fired for guilty actions, he is obliged to return the full amount, paid to him in connection with the move.

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If an employee does not show up for work or refuses to start work for a valid reason, he is obliged to return the funds paid to him minus the expenses incurred for moving him and his family members, as well as for transporting property.

The above Resolution does not apply to categories of employees for whom the legislation of the Russian Federation provides for other amounts of reimbursement of expenses when moving to work in another area.

In conclusion, we note that many issues related to the employer’s move to another location remain unregulated by the legislator, and therefore the employer faces many difficulties. For example, in labor legislation today there is no clear definition of what another locality is, and the procedure for registering the transfer of employees performing labor functions at their previous place of work when the employer moves to another locality is not clear.

A.S.Veles

Journal expert

"Human Resources Department

budgetary institution"

Office relocation order

Personnel documents that need to be completed when changing office locations include:

Office relocation order;
Refusal or consent of employees to work in another area;
Orders to dismiss employees who do not agree to move in accordance with clause 9 of Art. 77 Labor Code of the Russian Federation;
Additional agreements with the introduction of new company details to the employment contracts of employees who have expressed consent to the relocation of the employer.

An office relocation order is created in free form. It is necessary to indicate the following information:

Header – company/office name, document type Order, date and registration number
Title – “On change of location... (full name of the organization)”;
The main part - “In connection with a change in location from ... date (certificate of making an entry in the Unified State Register of Legal Entities on a change of address from ...) I order:
1) The head of the office ... (full name) organize work to make changes to the seal stamp and letterheads of the organization;
2) The head of the HR department ... (full name) to make changes about the location of the organization to the employees’ employment contracts.”
Due date… (date);
Signature – head of the organization;
Introduce the order to the head of the office... (full name), head of the personnel department... (full name).

We recommend

Letter notifying clients about moving to a new office

The employee must be familiarized with the order against signature. A record of dismissal is also made in the work book on the basis of clause.

Labor Code of the Russian Federation, under which the signature of the familiarized employee is placed. In addition, a similar entry is made in the employee’s personal card in Form N T-2, in which the employee’s signature is also placed. On the day of dismissal, the employee is issued his work book, and is also paid the wages due to him, compensation for unused vacation (if any) and severance pay in the amount of two weeks' average earnings in accordance with Part.

Office relocation plan (sample)

We decided to make a list of points and, based on it, talk about the most common difficulties.

Before starting, the boss must issue an “Order to move the organization to another premises.” It can require all employees to prepare. Employees can pack their personal belongings in office paper boxes. This is a convenient container that costs nothing. Boxes containing personal items can be labeled with the owner's name, making them easier to identify.
To sort and package equipment and its parts, it is better to allocate employees who understand it. Their task is to competently sort wires and computer parts. They must be properly packaged and labeled with the owner's name. Wires from each computer are packaged separately and are not mixed under any circumstances. For packaging, you can use original (supplied upon purchase) boxes or purchased ones of the appropriate size.
Documentation must also be sorted and packaged separately. It can be divided into sections (for example, accounting, contracts with suppliers, etc.), which will help to quickly identify the documentation when unpacking. All documents can be packed into folders, and those in turn into stationery boxes. Of course, everything should be marked.
If furniture will be transported during the move, it also needs to be packed accordingly. This can be done using polyethylene mica, which will protect the furniture from scratches. It also needs to be marked, which will speed up identification.
All things in the office (without exception) must be packed one day before the appointed date. This will eliminate any losses and will not cause force majeure situations.
It is better to use a separate vehicle to transport furniture. Various things can happen during transport. For example, a poorly packed table may fall onto a computer during transportation. To prevent this from happening, you need to think about this in advance.
After transportation, all things are unpacked, arranged, etc. Of course, unpacking starts with the furniture.

Changing the location of the organization

The legislator provides for a situation when an organization can change its location in the manner prescribed by law.

The location of the employer - a legal entity is determined by the place of its state registration (clause 2 of Article 54 of the Civil Code of the Russian Federation), which is carried out at the location of its permanent executive body (the so-called legal address). The location address must be accurately indicated in the constituent documents of the organization, on the basis of which an entry is made in the Unified State Register of Legal Entities.

The relocation of the employing organization should be understood as a change in the address of the location (location of the executive body). It is possible to move to another street or to another area within a locality, which in practice happens quite often, especially in commercial organizations. Such a change of location, of course, occurs with the mandatory introduction of changes to the Unified State Register of Legal Entities at the tax authority, but this will not be a move to another location.

What kind of locality does the legislator define as “other”? According to paragraph 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 N 2 “On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation”, another locality is understood as an area outside the administrative-territorial boundaries of the corresponding locality.

At the same time, the boundaries of settlements are determined in accordance with the master plans and territorial planning schemes of the municipal district (Article 84 of the Land Code of the Russian Federation and Federal Law of October 6, 2003 N 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation”).

So, moving to another locality will be considered a change in the location of the organization from one locality located within the administrative-territorial boundaries to another locality. In such a move, the employer must offer his employees to move with him, and the employees have the right to accept or refuse this offer.

The transfer of workers to another area is provided for in Art. 72.1 of the Labor Code of the Russian Federation and is allowed only with their written consent. However, in cases of a natural or man-made disaster, industrial accident, industrial accidents, fire, flood, earthquake, epidemic or epizootic, as well as in cases threatening the life or normal living conditions of the entire population or part of it, the employee can be transferred and without his consent. Such a transfer can be carried out to a job not specified in an employment contract for a period of up to one month (Part 2 of Article 72.2 of the Labor Code of the Russian Federation).

It often happens that certain employees carry out labor activities not at the location of the employer’s executive body. For such employees, it will not matter where the employer’s executive body has moved, since this will not affect their performance of work duties.

https://www.youtube.com/watch?v=ytdev

What should an employer do in this situation? Some experts still advise, in case of translation, to draw up documents in accordance with the law. However, according to the author, it is enough for the employer to issue an order to change the location of the organization (executive body) and notify employees of the change in the location of the executive body.

Note. The location of the organization will be considered changed from the moment the entry is made in the Unified State Register of Legal Entities.

A change in the location of an organization should not be confused with a change in the address of a branch, representative office or other separate division. Changing the location of a separate subdivision is not regulated by Art. 72.1 of the Labor Code of the Russian Federation and cannot be considered as the employer moving to another area.

Since branches, representative offices and other separate structural units in accordance with paragraph 3 of Art. 55 of the Civil Code of the Russian Federation are not legal entities and cannot be considered employers in relation to employees, then a change in their location and transfer to work in another separate unit are not considered a transfer of employees in connection with the relocation of the employer to another location (in practice, as a rule, the address branch (representative office) does not change within the administrative-territorial boundaries, and the branch (representative office) is liquidated according to the rules of Part 4 of Art.

81 of the Labor Code of the Russian Federation or a new one is opened). Therefore, in case of change of address of a branch or representative office, Art. 72 of the Labor Code of the Russian Federation - a change in the terms of the employment contract determined by the parties by agreement of the parties, and if the reason for the changes was organizational or technological changes in working conditions, then Art. 74 Labor Code of the Russian Federation.

In any case, it is necessary to conclude in writing an additional agreement to the employment contract on changing the terms of this agreement determined by the parties.

If an employee refuses to be transferred to another location together with a branch, representative office or other separate unit, the employment contract is terminated in accordance with clause 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation (refusal to continue work due to a change in the terms of the employment contract determined by the parties).

We invite you to familiarize yourself with what documents are issued when surveying a land plot

Note! Dismissal of an employee due to his refusal to transfer when changing the location of a branch or separate division under clause 9, part 1, art. 77 of the Labor Code of the Russian Federation (refusal to transfer to work in another location together with the employer) is not allowed.

Transfer to work in another location together with the employer is possible only if the parent organization changes its legal address. The location of a legal entity changes based on a decision of the founders (participants) of the legal entity or its authorized management body. Information about the location of a legal entity must be contained in its constituent documents, and therefore, when the address of the organization changes, appropriate amendments should be made to the constituent documents as soon as possible.

When all documents are completed, changes must be registered.

Since the location of a legal entity is determined by the place of its state registration (clause 2 of Article 54 of the Civil Code of the Russian Federation), the location of the organization will be considered changed from the moment the entry is made in the Unified State Register of Legal Entities (USRLE). This date is indicated in the certificate of registration with the tax authority.

If the address of the organization has changed, the employer first needs to issue an order (see sample). It should indicate:

date of change of location of the organization;
activities that need to be carried out in connection with a change in the location of the organization (for example, order new letterheads and stamps where the address is indicated);
persons responsible for these activities.

Sample

Closed Joint Stock Company "Luch" (CJSC "Luch")Order 05/18/2013 N 75MoscowOn changing the location of CJSC "Luch"In connection with the change of location of CJSC "Luch" from 05/18/2013 (certificate of making an entry in the Unified State Register of Legal Entities on a change of address dated 18.05 .2013)I ORDER:1. Head of the office Kotova E.V. by May 21, 2013, organize work to change letter forms and change the seal of the organization....5. Head of the HR Department Popova A.S. by May 21, 2013, make changes to the information contained in the employment contracts of employees of ZAO Luch. Director A.M. Sergeev. Sergeev The following have been familiarized with the order: Head of the Office Kotova E.V. Kotova05/18/2013Head of HR Department Popova A.S. Popova05/18/2013

Such an order is issued on the order form for the main activity. Responsible employees must be familiarized with the order against signature.

So, changing the location of an organization may lead to the need to prepare various documents, depending on whether the location of the organization is a condition of the employment contract (see table).

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Table

Personnel document	The organization moves to another location
The location of the organization is a condition of the employment contract	The location of the organization is not a condition of the employment contract
Order on the main activity on changing the location of the organization
New letter forms for organizations
New seals of the organization
Notification of employees about a change in the location of the organization

Moving with the help of a moving company

Moving companies provide services for organizing the transportation process during a move. They are responsible for packing, transporting and unpacking the items. It is very important to provide the moving company with all the necessary information, since it is on the basis of it that the manager determines the number of necessary movers and vehicles.

All items that will be transported must be provided with as much information as possible. It would be a good idea to indicate the size and quantity. You can also indicate the number of boxes with personal belongings of employees.

The cost of the moving company's services is also affected by the floor from which and to which the transportation will be carried out. The higher they are, the more expensive the move will cost.

Often, moving companies themselves provide packing and unpacking services. If this service is not provided, then you can contact specific companies that do this. They will disassemble large furniture and pack it. Of course, upon arrival at the new office, the same company will unpack and assemble the furniture.

Dear Elena Vasilievna!

In accordance with the order of the Federal Agency for Technical Regulation and Metrology dated September 10, 2010 N 26/12, PMTU Rostekhregulirovaniya is moving from Nizhny Novgorod to Samara. We invite you to transfer at the same time as your employer to the new location of the employer - Samara.

Head Petrov / A.M. Petrov/Notification received. I agree with the translation. 09/21/2010, Vasilyeva / E.V. Vasilyeva/

When an employee agrees to be transferred to another location, the employer needs to discuss with him all the conditions of the transfer, including the procedure for the employer to fulfill the guarantees established by Art. 169 of the Labor Code of the Russian Federation, draw up an additional agreement to the employment contract and issue an order in the unified form N T-5, approved by Resolution of the State Statistics Committee of Russia dated 01/05/2004 N 1 “On approval of unified forms of primary documentation for recording labor and its payment” (hereinafter referred to as the Resolution).

Note. If the employment contract was terminated with employees who refused the transfer, but the transfer itself did not occur, then the court may reinstate such employees at work.

If the employee refuses to transfer, the employment contract with him is terminated on the basis provided for in clause 9, part 1, art. 77 Labor Code of the Russian Federation. In this case, as with a regular dismissal, the standard order form N T-8, approved by the Resolution, is used to formalize the termination of the employment relationship.

What is important to remember when moving

When packing furniture, it is better to use high-quality materials that will protect it from mechanical damage during transportation.
For packaging equipment, it is better to use original boxes that have appropriate foam fixing molds.
There is no need to use the labor of your workers for loading. It is better to hire professional movers who know a lot about moving and loading furniture and other things.
It is better to entrust the packaging of documentation to employees. They have a better understanding of all this and understand what should be packaged with what. When using the services of a packaging company, there is a considerable probability of losing certain documents, which is associated with the incompetence of the packers.
You can purchase special boxes for packaging. It is better not to use their large versions, as after being completely filled, they become too heavy to lift.
Stretch straps will prevent furniture from sliding around inside the vehicle during travel. They will also help prevent rollovers.
It’s best to start unpacking with the furniture. Next, you can unpack the equipment and documentation. And only then personal belongings of employees.

Results

Moving from one office to another is a rather difficult process, as it takes a lot of time. Most of the time is spent on packing things. That is why it is very important to inform employees about what is coming in advance. This will give them the opportunity to prepare.

You can do it either on your own or contact specialized companies. The first option is not bad in terms of costs, since moving companies are not the cheapest pleasure. The employees themselves can do the packing, and you can hire separate movers for loading. Of course, for transportation, you can also hire transport or use work trucks (if you have them, of course).

Moving companies are a good option. They will perform the entire scope of transportation work for a fee. Of course, this is much more expensive than independent transportation, but it is more reliable. It is recommended to use the services of a moving company when you need to transport a large amount of furniture. Company employees disassemble large furniture to simplify transportation.

It goes without saying that it is better not to entrust the moving company with packing the documentation, as there is a high chance of loss or confusion. They may arise due to low awareness of packers about the importance of certain documents.

For example, it is better to entrust the packaging of accounting documents to accountants. They understand this and can easily sort and pack.

If you follow all the recommendations given in the article, the moving process will be very easy and smooth.

Relocating an enterprise to another location with employees

The relocation of a business or organization is often accompanied by the transfer of employees. In this case, the employer will have to document the transfer, complete a number of other formalities and pay compensation to employees.

Relocating an enterprise to another location with employees

The relocation of an organization to another location, located within the country or abroad, is not so rare. The reasons can be very different: economics, technological problems, social or demographic issues, and so on. Let's figure out exactly how an employer should act regarding personnel, and what employees should expect when moving or leaving the company.

Nuances of relocating an enterprise

Let's start with the fact that the transfer of an enterprise to another area is legally understood as the transfer of an organization beyond the administrative boundaries of a given locality (city, village). Such migration phenomena are considered normal for any economy. At the same time, it is possible that one of the staff will have to change their workplace, even if this is not specified in the employment contract. In addition, as practical experience shows, not all employees agree to move to another location. Some workers will decide to terminate their employment relationship with the employer. The employer will have to settle certain formalities on the basis of the Labor Code of the Russian Federation with both those who decide to move and those who refuse the transfer.

Options are also possible when the employment contract provides for the work of personnel at facilities located in another area. In such situations, the movement of workers does not fall under the category of “transfer” and does not require compliance with relevant formalities. An example is builders or repairmen who work not only in their locality.

How does everything work in practice?

After making the appropriate decision to move the company, the employer must formalize it in writing. In this case, each employee must be notified of the transfer of the enterprise to another location in writing, ideally against signature.

Article 77 of the Labor Code of the Russian Federation does not impose an obligation on the employer to offer staff work in a new place in the event of a transfer of the enterprise to another locality. The employer has the right to dismiss an employee (based on changes in the terms of the employment contract) by warning him in advance - no later than 2 months before the move. If the company expects the employee to move, then he needs to be informed about this in writing in the notice of transfer.

Any employee has the right to independently decide whether he is interested in moving to another locality with his employer. If the transfer is refused, the employee writes a corresponding statement, and the employer will have to pay severance pay consisting of 2 weeks of average earnings.

Each of the employees who decide to move with the company will have to sign an agreement to change the terms of the employment contract. If changes were made to the employer’s local regulations during the move, then employees must be notified in the prescribed manner. Each employee must also familiarize themselves with the transfer order against their signature. In this case, information about the transfer is recorded in the employee’s personal card and other documents.

Guarantees and compensation

Since relocating personnel with an enterprise is quite expensive, labor legislation provides certain guarantees for employees. In particular, based on Article 169 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee and his family for moving expenses, including the transportation of property. Payment of compensation to employees in connection with transfer to another locality for enterprises financed from the budget of the Russian Federation is also enshrined in a number of decrees of the Russian government (No. 187 of 03/02/2003 with amendments and additions of 05/14/2013).

When transferring employees, the employer will have to pay the following compensation:

the cost of travel for an employee and his family by rail, road, air or water transport. The exception is situations when transport for moving is provided by the organization;
the cost of transporting property by rail, road or water transport (per employee - up to 500 kg, for each family member - up to 150 kg);
payment of daily allowance to the employee based on the number of days spent on the road;
one-time benefit for employees and members of their families. For employees - in the amount of the monthly salary at the new place of work, for members of their families - one-fourth of the employee's benefit for each;
wages (at the salary rate at the new workplace) for the time you are on the road, as well as for the time of getting ready for the trip and settling in (up to 6 days in total) at the new place.

It should be noted here that the legislation defines minimum payments only for organizations and enterprises that are financed from the federal budget. In general, compensation payments are determined based on the terms of the employment contract, but cannot be lower than the minimum required by law. For commercial companies, compensation due to the relocation of workers is not specified by law. When transferring employees, a reimbursement agreement must be in place.

Some companies, when transferring personnel, reimburse moving expenses and also compensate for the cost of paying for new housing. These “housing” payments can be considered the employee’s salary, which is issued in non-monetary form. Its size is regulated by Article 131 of the Labor Code, and cannot be higher than one fifth of the salary specified in the employment contract.

Reimbursement of employer expenses

It should be noted that in certain cases, an enterprise may require the return of amounts paid related to the employee’s move to another location. For example, if he did not go to work or refused to work without a good reason. Also, the employee may be required to reimburse relocation expenses if he quit without good reason before the end of the period specified in the contract. If the period is not specified in the documents, then within 1 year. The same applies to cases where the employee was dismissed for actions that may serve as a legal basis for termination of the employment contract.

How to quickly recruit staff when moving?

Another problem that often becomes relevant when businesses move is the recruitment of new employees to replace those who refused to transfer. Recruiting staff on your own can be unnecessarily lengthy, so turning to professional recruitment agencies is often a smart choice. An even more interesting and convenient option is labor rental, employee leasing or personnel outsourcing services. Such services are provided by companies specializing in quickly and effectively solving personnel problems. If this meets the needs of the enterprise, then the services of temporary staff may also be a good option.