Transfer of an employee to another shift schedule at the initiative of the employee, how to register it with the employer

Transfer to another work schedule

When transfers are made in cases provided for in parts two and three of this article, the employee is paid according to the work performed, but not lower than the average earnings for the previous job. Therefore, the initiator is usually the employee himself, who may require relocation in the following cases:

• according to a medical report - deterioration in health does not allow one to cope with job responsibilities or carry them out fully;
• In connection with pregnancy or breastfeeding, women should be freed from heavy physical work and interaction with harmful chemicals. In this case, the procedure is temporary;
• to replace a temporarily absent employee.

How to arrange a transfer to another work schedule?

The period of temporary incapacity for work and other periods when the employee was actually absent from work are not included in the probationary period. Confirmation of consent The transfer agreement can, as you saw above, be confirmed in two ways. Firstly, an application requesting a transfer, signed by the employee, if he was the initiator of the entire procedure.

Attention

Secondly, a signature on a document drawn up to notify workers in advance of changes in working conditions if the transfer occurs due to a reduction in costs or staff. In addition, if we are talking about transferring an employee to another company, according to an invitation letter, then consent can be formalized in the form of an inscription on this letter: “I agree to the transfer,” indicating the date of acquaintance and the personal signature of the employee himself. Or the employee expresses his consent to the transfer in writing.

How to properly arrange a transfer to a shift schedule?

When dismissing an employee due to refusal to work under new conditions, in case of a dispute with the employee, the employer must have evidence that will confirm that the change in the terms of the employment contract was a consequence of changes in organizational or technological working conditions. This is stated in paragraph 21 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. If the employer cannot provide such evidence and connect one with the other, then a change in the terms of the employment contract, and therefore the dismissal of employees who refused to continue working in new conditions, may be declared illegal (see, for example, the ruling of the Moscow City Court dated July 6, 2010 No.

in case No. 33-19889). Ivan Shklovets, Deputy Head of the Federal Service for Labor and Employment 2.

Transfer to another class: pros and cons

The transfer of a child to another class is organized exclusively for good purposes. But at the same time, you need to understand that temporary or permanent difficulties of various types may arise (table).

Before deciding whether to transfer a child to another class, you need to weigh all the positive and negative aspects of this step and act solely in the interests of the person and his future.

How to write an application to change the work schedule? sample and filling rules

Info

In addition, in exceptional cases, in the presence of certain circumstances, an organization can change the employment contract unilaterally (Article 74 of the Labor Code of the Russian Federation).
The procedure for making changes How to make changes to an employment contract with an employee As a general rule, the procedure for making changes to an employment contract consists of drawing up a written agreement between the employee and the employer. There is no standard form for such a document in the legislation. Therefore, the organization can draw it up in any form in the form of an additional agreement to the employment contract. This conclusion follows from Article 72 of the Labor Code of the Russian Federation and is confirmed by the letter of Rostrud dated November 20, 2006 No. 1904-6-1. The additional agreement is an integral part of the employment contract. Therefore, make it in two copies - one for each of the parties.

Temporary transfers

There are the following situations in which a temporary transfer can be carried out:

• Based on the agreement between the employee and the employer. It is concluded for a period of no more than a year.
• When temporarily replacing a specialist who is absent from the workplace. In those situations where, according to the law, the absent employee retains his job (until he returns to his duties).
• As a result of force majeure, industrial accidents and other incidents that threaten the life or health of the population. In such situations, an employee can be transferred for a period of no more than 1 month without obtaining written consent to perform work to eliminate the consequences or prevent these accidents.
• Due to changing health status.

The last point concerns situations during pregnancy of employees. If there is an application from a pregnant woman and a medical report is provided, then the employer must reduce the standard of production or the length of the working day, or transfer the employee to another workplace that would exclude unfavorable health conditions. At the same time, average earnings do not decrease.

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If the schedule is fixed in both the PVTR and the employment contract... For example, in both documents it is stated that the employee must work from 9.00 to 18.00, and his lunch is set from 13.00 to 14.00. Changes in the PVTR do not automatically entail changing the terms of the work schedule specified in the employment contract. Therefore, it is wrong to think that if the PVTR changes, then there is no need to make changes to the employment contract, but that the employee’s visa “agrees” to the new PVTR is sufficient. Remember that the employee agreed to work under the conditions specified in his employment contract. Therefore, compliance with the terms of the contract is mandatory for both parties. The employer needs to make changes to the employment contract (by drawing up an additional agreement to the employment contract or in accordance with Article 73 of the Labor Code of the Russian Federation).

When to transfer to full time

Changing an employee's regime is not a transfer, since it does not imply a transition to another position or to another department. The employee remains in the same position, but begins to work more or less, performing the same functionality. Changing the employee's rate is permissible at any time, provided that the employee and the employer agree on this issue. In practice, this procedure occurs when:

• a woman returns from maternity leave, during which she continued to work part-time;
• the volume of part-time employment changes.

A translation always requires the signing of an agreement between the parties:

• new employment contract. To implement this method, it is necessary to terminate the existing contract, which establishes part-time work, and enter into a new one - full-time. In fact, this procedure means the dismissal of a citizen and his rehiring. This approach is justified when an employee who worked part-time for supplies makes this place his main and full-time job; in other cases, such a procedure is not justified;
• an additional agreement to the existing employment contract, which establishes a new work schedule and proportionally increases remuneration for work.

Internal transfers: done correctly

On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation"). Therefore, if there are none, you cannot change the schedule unilaterally. Remember that in the event of a dispute, the employer will need appropriate evidence. If there are objective changes in the organizational or technological working conditions in the organization, you can issue an appropriate order to amend the PVTR in connection with the change in the schedule.ð Please note: you cannot make a decision today to change the schedule , and put the new schedule into effect tomorrow.

The employee must be notified of the introduction of a new work schedule no later than 2 months before this event. It should not be forgotten that all deadlines begin to be calculated from the day following the day of the occurrence of a certain event.

Reasons for refusal of transfer

Often, upset parents tell each other that they were denied a transfer to another class. The first and main reason for refusing to transfer a child is lack of space. According to the standards established by the “Sanitary and Epidemiological Requirements for the Conditions and Organization of Education in General Educational Institutions” (SanPiN, approved on December 29, 2010), the class size should not be more than 25 people. The administration and the school director do not want to transfer to another class unless there are serious reasons for this, because the transfer will lead to an increase in the number of students, which will affect the quality and results of the educational process.

Before you start worrying about transferring a child, you should find out whether there are vacancies in the class to which the child is planned to be transferred, and find out whether the transfer is possible in principle.

The second reason for refusing to transfer a child to another class is filing an application in the middle of a quarter or trimester, which requires re-registration of a large amount of documentation and therefore requires very serious justification.

Attention! On the official website of each school there is a page “Information about the educational organization”, which contains information about the availability of vacant places for admission (transfer).

Transfer to another schedule

Upon the return of the absent employee, the transferred employee returns to his original position;

• to replace a person who quit;
• change in the structural unit to which the employee belongs.

An employee can request a transfer without prior agreement with his superiors only on the basis of a medical report. Options Next, we will consider the transfer of an employee to another position at the initiative of the employee, which includes several different options. Part-time If an employee needs free time or copes with his duties in less time, then he has the opportunity to switch to 0.5 rates. To begin with, the employee writes an application requesting a transfer addressed to the director of the organization. Sample application for transfer to a part-time job.

Difficulties in relationships with classmates

Most often, the decision to transfer a child to another class or school comes to the parents’ minds, but sometimes the student himself can initiate the transfer. If the initiative comes from a student, you need to have a serious conversation with him in order to find out the true motives for such a request. A serious reason for transferring to another class may be identified: for example, a child is offended by classmates (they humiliate his dignity, threaten him, extort money, use physical force, insult him, ignore him for no reason, refuse to sit on the same desk with him, or work in a pair or group). This situation is very serious: often the fault of such an attitude of classmates is the child’s defiant or immoral behavior, less often - his individual characteristics (physical disabilities, mental disorders, specific manifestations of character, religious preferences, etc.). If a student has managed to turn all his classmates against him (for example, he is a sneak or he insults or offends other children), then he will need to consult a psychologist who will find out the reasons for this behavior. Good reasons for transferring to another class are manifestations of discrimination and psychological violence discovered in the children's group. In this case, measures must be taken immediately both to protect the child’s identity and to correct the behavior of his classmates.

How to transfer an employee to another job

Is it possible to fire an employee if they refuse? Changing your work schedule is not a reason to quit! If the employee does not agree to the new working conditions, the employer undertakes to offer him all available vacancies at the enterprise that correspond to his qualifications. Vacancies must be offered in writing only and must all be located in the local area. If an employee is not satisfied with any of the proposed vacancies, and he does not agree to work according to the new schedule, he can be fired under Art. 77 of the Labor Code of the Russian Federation (an employee’s refusal of a position due to changes in the employment contract). In this case, the company undertakes to pay him severance pay in the amount of two weeks' earnings. Important: you must also offer lower-level positions; without this, the dismissal will be considered illegal, and the court will oblige the employee to be reinstated.

Important

Question In an organization, employees work 5 days a week, 2 days off, and are paid a salary. Employees of one department are transferred to the work schedule: 2 every 2, 12 hours each, from 09-00 to 21-00, salary does not change. How to arrange this translation? How to create a work schedule? Answer Answer to the question: This will not be a transfer, but a change in the work schedule from a five-day week to work on a staggered schedule.

The possibility of establishing a working week with the provision of days off according to a sliding schedule is provided for in Art. 100 Labor Code of the Russian Federation. At the same time, a special procedure for organizing work on a staggered schedule is not established in labor legislation. In this regard, when drawing up a sliding work schedule, you must be guided by the general norms of the Labor Code of the Russian Federation. Since in Art. 100 of the Labor Code of the Russian Federation talks about a sliding schedule; the employer needs to develop and approve this schedule. According to Part 2 of Art.