A mandatory condition of the agreement between the employer and the employee is the existence of an employment contract, properly executed in accordance with the Labor Code (LC) of the Russian Federation. This document specifies the rights and obligations of the parties. During the period of validity of the employment contract, the employee may be transferred to another job (Articles 72, 73 of the Labor Code of the Russian Federation).
The reasons for the transfer may be different:
· another position or work on a permanent or temporary basis, as a result of which the terms of the employment contract significantly change;
· changing the functions of the unit in which the employee is located;
· change of location of the employer;
· transfer to work for another employer by transfer;
· medical report drawn up in accordance with the current legislation of the Russian Federation.
When is it necessary to issue an order to transfer an employee to another job?
The transfer is issued in the form of an order for an enterprise or organization. The unified form T-5 of such an order (instruction) was approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. According to the All-Russian Classifier of Management Documentation (OKUD), it corresponds to code 0301004. The order form is filled out by the responsible person of the personnel service or the accountant of the enterprise or organization and signed by it leader. After this, the employee reads the text and signs. The employee’s consent to the transfer is mandatory, excluding episodes of temporary transfer specified in Article 72.2 of the Labor Code of the Russian Federation. The unified form T-5 of the order must include a list of grounds for transfer. It is not permitted to transfer an employee to another position if there are medical contraindications.
The transfer of an employee should not be confused with his movement to another workplace (clause 3 of Article 72.1 of the Labor Code of the Russian Federation), which does not entail changes in the labor function and, accordingly, the terms of the employment contract.
Why do you need a T-4 card?
Indeed, the T-4 card (“Research Worker’s Registration Card”), introduced by Goskomstat Resolution No. 1 of January 5, 2004, largely duplicates the T-2 form approved by the same regulatory act, which is used to maintain the employee’s personal card. Document T-2 (or an analogue corresponding to it in structure, approved by the organization) is generally binding.
current T-4 form in 2020.
It must be applied due to the operation of a whole set of legal norms:
- Art. 66 of the Labor Code of the Russian Federation - according to which employers are required to maintain work books in accordance with government regulations;
- Resolution of the Government of Russia dated April 16, 2003 No. 225 is the main regulatory act among those implied by Art. 66 Labor Code of the Russian Federation;
- Clause 12 of the Rules for Maintaining Work Books, which were introduced by Resolution No. 225 - according to which each entry made in the work book must be duplicated in the employee’s personal card, drawn up in a form approved by the statistical authorities.
In this case, clause 12 of the Rules implies the T-2 form.
Until 2013, unified forms approved by statistical authorities (including according to Resolution No. 1) were generally mandatory - just like this form. Later they acquired the status of “indicative”, but many employers continue to use them without changes.
Until 2013, the T-4 form was also mandatory, which was compiled in addition to the T-2 form. Resolution No. 1 literally said that document T-4 is drawn up “in parallel with form T-2”:
- in scientific, research, production organizations;
- educational and other institutions that keep records of scientific workers.
Sample of filling out the unified form T-5
The unified form T-5 is filled out in a certain sequence. There is no particular difficulty here. The transfer order form has a standard A4 format.
Let's look at a sample filling.
The order of filling out the fields:
- name of the organization - the full name of the enterprise or organization in accordance with the constituent documents;
- OKPO;
- number and date of document preparation;
- the period of validity of the transfer to another job, indicating the start and end dates;
- full last name, first name and patronymic of the transferred employee;
- employee personnel number;
- indication of the previous place of work, including the name of the structural unit, information about the position and qualifications, and the reasons for the transfer;
- indication of the new place of work, including information about the new structural unit, position and qualifications, wage rate and bonus (if planned);
- the basis for the transfer, including data on changes made to the employment contract or a list of other documents on the basis of which the employee is transferred;
- signature of the head of the enterprise or organization indicating the position, surname and initials;
- personal signature of the transferred employee confirming familiarization with the order indicating the date.
The filling sample demonstrates the procedure for filling out the unified T-5 form and allows you to quickly deal with this issue. But, in any case, attentiveness is necessary, which should not be forgotten.
Sample of filling out the T-4 form in 2020
Form T-4 is indeed similar to document T-2 in structure and in the basic principles of completion. Thus, a significant part of the information recorded in the registration card is reflected in two ways:
- text (numbers);
- using a code according to one or another classifier.
The “encoded” information on the card includes:
How to fill out a job application
Features of filling out the T-1 form
- The name of the employer is filled in according to the constituent documents, reflecting the codes.
- In some cases, the date of conclusion of the order may be earlier (for example, when admitted to work before the conclusion of an employment contract).
- If a permanent employment contract is concluded, the order does not indicate the expiration date of the contract (the corresponding column is not filled in).
- Data about the position and department are entered in accordance with the staffing table.
- The conditions of employment, its nature, information on the amount of salary are indicated in accordance with the employment contract.
- Data on the probationary period and its duration are indicated only if this is provided for in the employment contract.
- If the order is not signed personally by the manager, the official who signed it must provide a link to the document confirming the authority to sign the order.
Note
: an order for hiring the head of an organization cannot be signed by a deputy head if this is not reflected in the statutory documents.
Registration card of a scientific, scientific and pedagogical worker
Unified form N T-4 Approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1
(see Instructions for the use and completion of forms of primary accounting documentation)
————+ ¦ Code ¦ +————+ OKUD form ¦ 0301003 ¦ +————+ according to OKPO¦ ¦ ————————————————— L———— name of organization —————T—————+ Scientific registration card , ¦ Number ¦ Date ¦ scientific and pedagogical worker ¦ document ¦ compilation ¦ +—————+—————+ ¦ ¦ ¦ L—————+————— ——————T ———-T———T———T————-T———-+ ¦ Structural ¦ Position ¦ Time sheet - ¦ Alphabet ¦ Type of work ¦ Gender ¦ ¦ department ¦ ¦ ¦ ¦ (main, by ¦ (male, ¦ ¦ ¦ ¦ number ¦ ¦part-time-¦ female) ¦ ¦ ¦ ¦ ¦ ¦ stvu) ¦ ¦ +——————+———-+———+———+——— —-+———-+ ¦ ¦ ¦ ¦ ¦ ¦ ¦ L——————+———-+———+———+————-+———— 1. Last name ___________________ Name __________________ Patronymic _____________________________ ———+ 2. Date of birth ¦ ¦ ———————————————————————+——— day, month, year 3. Higher professional education ______________________________________________________________________________ name of educational institution, year of graduation ———+ 4. Postgraduate professional education __________________________ OKIN code ¦ graduate school, postgraduate study, doctoral studies ¦ ¦ L——— —————————-T————— ———————T———————+ ¦ Name ¦ Education document, about ¦ Date of completion of ¦ ¦ educational, scientific ¦ qualification or presence ¦ ¦ ¦ institution ¦ special knowledge ¦ ¦ ¦ +——— —-T———-T———-+ ¦ ¦ ¦name ¦ series ¦ number ¦ ¦ +—————————+————-+———-+———-+ ———————+ ¦ ¦ ¦ ¦ ¦ ¦ +—————————+————-+———-+———-+———————+ ¦ ¦ Specialty ¦ +—————————+———————————————————+ ¦ ¦ ¦ +—————————+—— —————————————————+———+ ¦ ¦ Code according to OKSO¦ ¦ L—————————+—————————— —————————+——— ———+ 5. Academic degree __________________________________________________________ Code according to OKIN¦ ¦ Candidate of Sciences, Doctor of Sciences ¦ ¦ L——— Branch of science ___________________________________________________________________ Date of award of the academic degree » » ______________ Dissertation council ______________________________________________________________ name of the organization under which the dissertation council was created ————————————————————————————— Diploma: ______________________________________________________________________________ number, series, date __________________________________________________________________________________________ name organization that issued the diploma ———+ 6. Academic title _______________________________________________________________ Code according to OKIN¦ ¦ senior researcher, associate professor, professor, etc. ¦ ¦ L——— Certificate _________ N _________ Date of assignment of the academic title » ________ _______________________________________________________________________________________ name of the organization who awarded the academic title ———+ Scientific specialty (direction, department) ____________________________ Code according to OKSO¦ ¦ L——— Reverse side of form N T-4 7. Total scientific and pedagogical work experience: ____________________________ including teaching work experience ____________________________ has , does not have Scientific works ____________________________ cross out unnecessary has, does not have Inventions _____________________________ unnecessary cross out List of scientific works is attached Researcher ____________________ Phone number ___________________ personal signature HR service employee _________ ________________ ____________________ position personal signature signature transcript ——————————— —————————————+ ¦ Awarding an academic degree, assigning an academic title and changing ¦ ¦ scientific specialty after filling out the registration card ¦ +——T——————————T—— —————————-+ ¦ date ¦ document ¦ academic degree, academic title, ¦ ¦ ¦ ¦ scientific specialty ¦ ¦ +————T——————+ ¦ ¦ ¦ series, ¦ name ¦ ¦ ¦ ¦ number ¦ of the organization ¦ ¦ ¦ ¦ ¦issuing the document¦ ¦ +——+————+——————+———————————-+ ¦ 1 ¦ 2 ¦ 3 ¦ 4 ¦ +——+————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+—— ————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+——————————— -+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+ ——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+————————— ——-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+——— —+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+——————— ————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+— ———+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+————— ——————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +—— +————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+——— ————————-+ ¦ ¦ ¦ ¦ ¦ +——+————+——————+———————————-+ ¦ ¦ ¦ ¦ ¦ L ——+————+——————+————————————
Form T-5. How to fill out the lines: “reason for transfer” and “reason for transfer”?
QUESTION
What is correct to indicate in the line “reason for transfer” and in the line “reason for transfer” in the order for personnel transfer of the T-5 form?
In situations:
1. Transfer of an employee to the place of a dismissed employee.
2. New rates have appeared in the staffing table and the employee is being transferred to a free rate.
3. In case of transfer from a maternity rate to a permanent one.
ANSWER
The explanations for filling out form N T-5, contained in the Instructions* for the use and filling out of forms of primary accounting documentation for accounting for labor and its payment, do not make it possible to draw an unambiguous conclusion about how to fill out the line “Base” of the unified form N T- 5
.
The Instructions for filling out forms for filling out Form N T-5 contain the following explanations: “... in the line “Bases”
specific documents are indicated
on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the details “Change to the employment contract” are not filled in...”
In all the situations you listed, it is necessary to determine who is the initiator of the transfer.
In practice, the following options are possible.
If the initiator of the transfer is an employee
, he wrote an application for transfer, and the employer agrees to transfer the employee, then the application with a positive resolution of the employer and an agreement to change the terms of the employment contract determined by the parties serve as the basis for issuing an order (instruction) to transfer the employee to another job.
In this case, in the line “Reason for transfer”
indicate the employee’s statement (or “at the employee’s initiative”), and in
the “Bases” line
- the date and number of the additional agreement to the employment contract, and the employee’s statement.
If the initiator of the transfer is the employer
, the employer must express his initiative to transfer an employee in writing; this procedure is not defined in the Russian Federation and therefore depends on the document flow procedure adopted by the institution.
As a general rule, a written offer to the employee is drawn up in any form. The employee’s written consent to the transfer can be drawn up in the form of a separate document (for example, an employee’s statement of consent to the employer’s proposed transfer to another job), or directly in the proposal, a place can be provided for the employee to express consent to the transfer (for example: “With a proposal to transfer to position….in a structural unit….(if any) I agree. Personal signature, transcript of signature, date.”). Obtaining the written consent of the employee in the procedure of transfer to another job at the initiative of the employer is mandatory.
In this case, a transfer order is issued, and in the line “Reason for transfer”
you can indicate “at the initiative of the employer and with the consent of the employee” or the specific reason why the employer offered the employee a transfer to another job (for example, the introduction of a new position, the creation of a new structural unit, etc.), and
in the line “Base”
- the date and the number of the additional agreement to the employment contract and preliminary documents that were preceded by the preparation of the additional agreement to the employment contract.
* Instructions for the use and completion of forms of primary accounting documentation for recording labor and its payment (approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 N 1).
JUSTIFICATION
Transfer to another job while continuing to work for the same employer is recognized as a change in job function and is allowed only with the written consent of the employee , except for the cases provided for in Parts 2 and 3 of Art. 72.2 Labor Code of the Russian Federation
(Part 1 of Article 72.1 of the Labor Code of the Russian Federation).
Changing the terms of the employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by the Labor Code of the Russian Federation. An agreement to change the terms of an employment contract determined by the parties is concluded in writing
(Article 72 of the Labor Code of the Russian Federation).
Based on the additional agreement signed by the parties, the employer issues an order on transfer to another job (for example, the organization may approve Form N T-5), with which the employee must be familiarized, and makes a corresponding entry about the transfer in his work book (Part 4 of Art. 66 Labor Code of the Russian Federation, paragraph 4, Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, Article 9 of Federal Law of December 6, 2011 N 402- Federal Law).
Please note that without a signed additional agreement, the employee cannot be transferred to another job, despite the presence of an order for the transfer.
Thus, based on the fact that the legislation does not contain a clear procedure for filling out Form N T-5 (in addition to the requirements to indicate specific documents), it will be sufficient to reflect in the lines “Reason for transfer” and “Basis for transfer” documents that confirm
the validity of the employee’s transfer.
It should also be noted that the current legislation does not disclose the concepts and does not contain a definition of what is “correct/incorrect filling”.
She answered the question:
O.Ya. Reshetova
Askon accounting and tax consultant
Nuances of processing an employee transfer
If the event is carried out correctly to formalize the transfer of an employee from one position to another, you can bypass the procedure for his dismissal and hiring, while maintaining the status of continuous work experience at one place of work. Such registration is allowed when transferring company employees to a subsidiary.
Registration of administrative documentation is carried out by a specialist in the personnel department. If the enterprise has sufficient experience in doing business since the time of perestroika, then if there are employees hired before 1992, upon their transfer:
- in the column “changes to the agreement” you must put a dash;
- in the “grounds” column you should list all existing documents confirming your identity and fact of work at the enterprise.
Please note: it is important to display in the order all the employee’s data that is indicated and attached to the employee’s personal card.
The order must be signed by the person drawing it up and certified by the employer. The employees referred to in the approved documentation must be sure to familiarize themselves with the terms of the transfer specified in the document. The fact of familiarization is evidenced by the employee’s signature under the order or in an appendix to it.
The employer has the right to transfer an employee to another position only with his consent
Difficulties in filling out standardized forms
When filling out unified forms of the type T-5 and T-5A, difficulties may occur due to insufficient knowledge about the rules for preparing documentation:
- with the “date” column;
- indicating the amount of remuneration.
Specifying the transfer time
If an employee is transferred to a permanent place of work, then a dash must be placed in the restriction of production activity column. When transferring to a position that is planned for a long period of time, it is not always possible to determine the expiration date of the administrative documentation.
Such situations include:
- replacing an employee during his illness;
- assignment of responsibilities while on maternity leave or child care leave;
- transfer for health reasons based on provided medical certificates;
- career advancement of an employee due to professional growth and availability of a vacancy;
- demotion due to failure to pass exams confirming the level of qualifications, failure to pass a test on general issues of labor protection, fire safety and civil defense;
- demotion due to failure to fulfill official duties;
- the presence of a vacancy in the staffing table of the enterprise and the employee’s desire to fill it;
- replacing a temporarily absent employee;
- expansion of the company, opening of new divisions, the activities of which are inseparable and are carried out according to a unified scheme.
In such cases, competent completion of the form is possible in the following ways:
- In the line indicating the expiration date of the order, it is necessary to indicate the event, the end of which means the termination of the administrative documentation. In this case, the event and the conditions for its occurrence should be described in detail for easier identification in the future. In accordance with the resolution of the State Statistics Committee of the Russian Federation, for this purpose it is allowed to increase the corresponding column of the form.
- The line is not filled until a certain expected fact occurs that triggers the end of the order.
The work book must indicate information about the employee’s transfer to another workplace.
