Transfer to another location? With an employer? No, thank you!

The preparation of a document called “Employee Notification of Transfer” occurs when the employer unilaterally decides to transfer an employee from one position to another, from one organization to another, or to a lower rate. Such actions can be caused by a variety of circumstances: staff reduction, financial problems of the company, inconsistency of a subordinate with the previous workplace, promotion, etc.

Below you can download samples of notifications about the transfer of an employee to another position, part-time or to another organization.

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Role of notification

The importance of the notification can hardly be overestimated: given to the employee on time and in accordance with all the rules, it gives him the opportunity to decide on future plans and carefully weigh all the pros and cons. If he is not satisfied with the employer's offer, he gets enough time to look for another job.

For an enterprise, this document is also important - it allows you to respect the rights of a subordinate and protect management from claims from the labor inspectorate and other regulatory structures. In addition, if an employee informs in advance that he is not interested in the employer’s offer and prefers to quit, the latter also gets some time to search for a replacement for the employee.

Notification of transfer to another position sample RB

In the first case, the employee can be called to notify about upcoming changes in writing or orally. If an employee refuses to appear, it is advisable to send documents by mail. An employee has the right to refuse to express his attitude to the changes.

An exception to this rule is cases of entrusting an employee to perform work for a period of no more than a month, provided for in Art. 72.2 Labor Code of the Russian Federation. Such cases include emergency circumstances (disasters, accidents, fires, earthquakes, etc.), when there is a threat to the life and living conditions of the population. The employee’s consent is not required in such cases, including when entrusting him with lower-skilled work.

What does translation mean?

The transfer of an employee is always accompanied by changes in the staffing table and the terms of the previously signed employment contract. Moreover, as regards the contract, adjustments can occur not only in the title of the position, but also in the standard working hours, work hours, wages, etc. All updated information is entered into the employee’s personal card, but his personnel number remains the same (unless this concerns a transfer to another company - there the employee receives his own individual personnel number).

Transfer to another location? With an employer? No, thank you!

The material was prepared using legal acts as of June 7, 2020.

The employer changes his location due to moving to another location. An employee who has an employment relationship with him refuses to be transferred to work in another location together with the employer. In this case, the employment contract with the employee is terminated under clause 5, part 2, art. 35 of the Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code).

Transfer to another location as grounds for dismissal

Another locality should be understood as a territory located outside a populated area, that is, a city, an urban settlement, a rural locality <1>, where the employer with whom the employee has an employment relationship is located. So, if the employer is in one city and then changes his location to another, then this will be a move to another area.

As for the employees of such an employer, no one has the right to force them to move to another area along with the employer.

Let us note that an employee’s refusal to be transferred to work in another location is not always grounds for termination of an employment contract under clause 5 of Part 2 of Art. 35 TK. Such dismissal occurs only when the employee refuses the corresponding transfer when the employer changes location. That is, she refuses to move with him. If the employer does not move, and the employee is offered a transfer to another locality, in which, for example, the employer’s structural unit is located, then if such a transfer is refused, dismissal does not occur and the employee remains working in the same place.

Thus, the transfer of an employee to another area together with the employer occurs when the employer changes his location by moving outside the locality in which he was previously located. The relocation of an employer within one locality (for example, from one district of a city to another district) is not a transfer for an employee to another locality.

Dismissal procedure

Transfer proposal

As a rule, the latter makes a proposal for transfer to work in another area together with the employer in writing.

This offer is then sent to the employee. And it is the employee who decides whether to agree to the employer’s offer of transfer or not. In this regard, the initiative to terminate the employment contract due to refusal to transfer to work in another location together with the employer comes from the employee.

Consequently, termination of an employment contract on this basis does not constitute dismissal at the initiative of the employer. This means that upon termination of the contract, in this case, the guarantees provided for by labor legislation regarding the ban on the dismissal of certain categories of employees, etc., do not apply. <4>

Employee refusal to transfer

As we noted above, the main condition for the legal transfer of an employee to another location together with the employer is his written consent to this <5>. If the employee refuses such a transfer, the employment contract with him is terminated <6>. The employee must express his refusal to transfer in writing. The form of refusal is not fixed by law. Therefore, refusal to transfer to work in another area together with the employer can be expressed in one of the following ways:

– as a separate document (application, notification);

– in the form of an inscription (mark) put by the employee on the employer’s offer of transfer.

It is not necessary to indicate reasons for refusal.

Transfer order

Based on a document containing the employee’s refusal to be transferred to another location together with the employer, the latter issues an order to dismiss the employee under clause 5, part 2, art. 35 TK.

Entry into the work book

Entries in the work book about the reasons for dismissal are made in strict accordance with the wording of the order (instruction) of the employer <7>. Upon termination of an employment agreement (contract) on the grounds provided for in Part 2 of Art. 35 of the Labor Code, with the exception of cases of termination (termination) of an employment agreement (contract) on the initiative of the employer and due to circumstances beyond the control of the parties, a record of the employee’s dismissal is made in the work book with reference to the corresponding paragraph of Part 2 of this article <8>.

As we noted above, dismissal on the basis in question is not dismissal at the initiative of the employer. Consequently, the entry in the employee’s work book will look like this: “Dismissed due to refusal to transfer to work in another location together with the employer, paragraph 5 of part 2 of article 35 of the Labor Code of the Republic of Belarus.”

Other actions of the employer

In the event of termination of an employment contract on this basis, the employer pays the employee severance pay in the amount of at least two weeks of average earnings <9>.

Notification of the union is not required in this case. However, if the employee is registered with the military, then the person responsible for military registration in the organization must report his dismissal within a week to the body that carries out military registration at the place of residence, and make a corresponding entry in the personal military registration card of the person liable for military service <10.

No later than the day of dismissal, the employer makes to the employee all payments due to him on the day of dismissal (wages, compensation for unused vacation) <11>. In addition, the employer is obliged to issue the employee with a properly executed work book <12> on the day of dismissal. For receiving a work book, the employee signs in the book of registration of the movement of work books and inserts for them and personally indicates the date of its receipt, and if the work book is sent by mail, the official puts the corresponding mark <13> in the accounting book.

Transfer procedure

By law, the employer must send the employee notice of the transfer at least two months before the actual event.

You can send a notification in different ways: by sending it via Russian Post by registered mail with return receipt requested, or by handing the message in person.

In this case, the employee must sign to acknowledge receipt of the notification. If he does not want to do this, an appropriate act should be drawn up - in the future it will serve as evidence that the employer took all necessary measures on time and no violations were committed.

Further, if an employee refuses to be transferred to a specific position (regardless of the reasons for this), the employer must offer him other available vacancies within the company, but if the employee refuses them too or there are no such vacancies at the enterprise, he may be fired.

In cases where consent to the transfer is received, all necessary changes are made to the employment contract and the employee’s personal documents (work book, personal file), an order is issued on behalf of the manager, and the employee can begin his new work responsibilities in a different position.

Transfer of an employee to another position (working conditions)

Now let’s look at the procedure for registering the employee’s agreement with the employer’s proposal. Signing a notice of transfer to another position (working conditions) does not mean that the employee will no longer need to do anything.

Then the work of the personnel department begins. It consists of the following actions:

1. The employee is called to the HR department, where he is asked to write an application for transfer to another position (providing consent to change the existing working conditions).
2. The personnel department prepares an order from the manager and, at the same time, a new employment contract (addition to the existing one). The citizen is required to sign the prepared labor agreements, after which they, together with the order, are submitted to the employer for signature.
3. The worker gets acquainted with the signed orders by signature. One original copy of the employment contract (addition to it) is given to the worker.
4. You must begin new duties on the date indicated in the order.

Remember, without a written application from the employee, the procedure for registering a transfer (changing existing working conditions) will not be carried out.

Rules for drawing up a notice

To date, there is no unified notification standard, so companies can write it in free form or use a template developed within the enterprise and approved in its accounting policies. At the same time, there is a number of information that it is recommended to provide in the document:

• Name of the organization,
• job title,
• Full name of the employee to whom the notification is sent,
• date of compilation,
• information about the proposed place of work, indicating the salary,
• other changed working conditions,
• date of the intended transfer.

The employer may indicate in the notice the reason for the transfer or simply provide a link to the order that served as the basis for this action. If necessary, you can refer to a provision of law that allows the employer to carry out such actions.

How to notify about a transfer to another position - sample

When transferring at the initiative of the employer, written notice must be sent to the employee no later than 2 months before the date of personnel changes. It is important to obtain the employee’s signature when delivering the notice; this signature will serve as proof that the employer has fulfilled its obligations towards the worker - informed him on time about the upcoming changes.

The transfer of an employee to another position, to another department can be caused by a number of reasons, which depend on whose initiative it is - the employee or the employer. If the transfer is carried out at the initiative of the employer, the employee should be notified in writing of the upcoming event, indicating the reason for this. If the relocation procedure is the initiative of the employee, then an application from him is required.

Rules for preparing an employee’s notice of transfer

The notice can be handwritten or printed on a computer either on a blank A4 sheet or on company letterhead - this does not play a role in determining the legality of this paper. The only condition is that it must contain a “living” signature of the head of the company or his representative authorized to sign such papers.

As a rule, the notice is drawn up in two copies, one of which is given to the employee, and the second remains in the organization, where, after losing its relevance, it is stored in the archive for the period established by law.

Notification of transfer to another position sample RB

Unlike a temporary transfer due to production needs, a temporary transfer due to downtime should be carried out taking into account the profession, specialty, qualifications, and position of the employee. Since the law states that a transfer due to downtime may not be in accordance with the profession, specialty, position, but taking them into account, the employee can be transferred to another job and in a different specialty or position, but close to the one for which he works.

When workers are temporarily transferred due to downtime, wages are paid according to the work performed. In the case of transfer of employees to lower-paid work, employees who meet production standards or transferred to time-based work are retained the average earnings for their previous work, and employees who do not meet production standards are paid according to the work performed, but not lower than their tariff rate. A temporary transfer in case of downtime is issued by order of the employer, which indicates the basis (deed of downtime, memo, etc.).

https://youtu.be/7yFHDZduipM

Sample notification of transfer to another position permanently

• name of the enterprise;
• date of;
• name of the locality;
• document title - notification;
• Full name and position of the employee who is subject to transfer to another job in another structural unit, postal address - when sending paper by mail;
• document title;
• reason for transfer;
• the date from which a change in position or place of work (structural unit) is expected;
• one or more positions to which the employee may be transferred;
• manager's signature;
• introductory signature of the notified person.

Other If a decision is made to transfer an employee to another position within the same organization, the employer is obliged to inform the employee about this using a notice of transfer. As an example, we offer notifications via the link at the end of the article. A transfer at the initiative of the employer is a change of position of the employee. If the transfer is an initiative of the employer, then it is necessary to notify the employee about this no later than 2 months in advance.

Employee consent

Each type of change in transfer has its own characteristics and imposes different requirements for mandatory requirements and the procedure for obtaining the employee’s consent to the transfer.

There are cases when a change of place of work can be made without obtaining written consent from the employee. Such cases include: the need to urgently close some area of ​​work due to the absence of a specialist due to illness or some other reason; emergency stoppage of production that could create danger for people; accidents, natural disasters and other emergency situations. In such situations, the manager has the right to transfer the employee to another position without obtaining consent.

If personnel changes are an initiative of the management of the enterprise and are not among the acute situations, reaching an agreement with the employee on the implementation of the change becomes a prerequisite for the transfer. The company must obtain the written consent of the employee and properly complete the established package of documents. It is especially important to follow the rules if the move leads to a change in the conditions specified in the contract between the employer and employee.

The employee must receive written notice of the planned changes at least 60 calendar days before the date of transfer. The employee must be informed about the timing of the transition, as well as about the conditions that the company can offer in the new workplace. If an employee is not satisfied with a certain position, management must provide other options from among the available jobs in the organization.

If during preliminary negotiations it turns out that both parties are satisfied with the transfer, then the initiative can come from the performer and the change of position is made based on the employee’s application. The employee’s own desire is sufficient to issue an order and make changes to the employment agreement.

In a situation where the proposed change of position will entail a reduction in wages, the employer is obliged to reach an agreement with the employee and obtain consent, even if the reason for the transfer is unsatisfactory performance of the work or insufficient qualifications of the performer.

An employee is not required to agree to a change in his job functions and has the right to make his own decision by considering management’s proposals. He may disagree if the options for the new activity seem less interesting, inconvenient with the work schedule, or lead to a decrease in salary.

If the transfer is due to production needs, but the employee refuses all vacancies that the employer has, the employment contract may be terminated.

Who writes the notice?

In a company, both the HR department and the manager can draw up a notice.
The process of drawing up the document in question is carried out by employees of the HR department. This can also be done by:

• lawyer;
• secretary;
• head of the company.

Regardless of who draws up the act, the person must have the skills to draw up such documents. In addition, the head of the enterprise must sign the notice. Another employee may be given the right to sign.