It is not a transfer to another permanent job. Transfer to another job. Is it possible to resign by transfer?

An employee of an enterprise is subject to the rules established by the management and legislation of the Russian Federation. Sometimes an employer obliges an employee to temporarily change his job to replace another employee or perform increased volumes of work. Employees should know when these requests are reasonable and not subject to challenge, and when the proposed conditions are illegal (as is the case with recalls from work-related leave).

Transfer of an employee to another job without his consent under the Labor Code

The Labor Code of the Russian Federation regulates the possibility of transferring employees to another job temporarily or permanently. Most of the conditions specified in the Labor Code of the Russian Federation require written consent from the employee. But cases are indicated in which a transfer to another place should not be agreed upon.

Transfers can be justified on various grounds, for example:

Replacement of a temporarily departing employee.
By necessity.
Environmental and natural disasters.
Man-made accidents.
Changing the type of activity of the enterprise.

In any case, the employee must be notified of the decision made by management and has the right to disagree with it. When the employee's mandatory consent is not required to be provided, such non-consent may result in temporary suspension from work.

Is it possible to transfer to another job without the employee’s consent?

In certain cases specified by law, it is allowed to move an employee to another place, but this measure must be limited in time and the following conditions must be met:

Strict adherence to permitted time periods.
Maintaining the employee’s salary level is not lower than average.
Do not transfer an employee to a place of work that is not permitted for him according to a doctor’s examination.

The employer has the right to transfer the employee to another place, with a deterioration in his work schedule or a change in working conditions in cases specified in Art. 72.2 for one month and no more.
When transferring to a similar job, you should adhere to time periods equal to one year. The end of this period should be marked by the candidate’s relocation back, and if such a request is not received from him, or the employer cannot offer him a former vacancy, the temporary position is exhausted and becomes a permanent place of work.

In what cases can an employee be transferred to another job without his consent?

Cases in which the transfer takes place without the consent of the hired person are listed in the Labor Code of the Russian Federation.

This list includes:

The provided workplace is located structurally and geographically in the same place. Only the division, department, address changes. Working conditions and pay remain unchanged. Significant changes in job responsibilities or pay require the employee's consent. This transfer is issued on a temporary or permanent basis.
Does not require consent in emergency situations. But such a transfer has a strict duration of one month.
To prevent damage to valuable property or to temporarily replace an employee, but with the condition that this work will not be less qualified and will last no more than a month.

Temporary transfer to another job without the employee’s consent

A temporary transfer is often issued without the consent of the employee if it is necessary to replace an absent person in another structural department. The hired person is reassigned to work within the organization, provided that all main responsibilities and functions remain the same, with the same salary. You can transfer to another place for up to a year. If an employee is transferred to replace another person during his absence, provided that his place is retained, the transfer period lasts until the replacement leaves.

How to transfer an employee to another job without his consent - procedure

To transfer an employee to another place, it is necessary:

Determine the requirements that must be met by the hired person who will fill the specified position temporarily or permanently. This includes the required health status, terms, and salary.
Provide conditions under which it is impossible to transfer a person to another place.
Notify the selected candidate orally.
Place an order.
Familiarize the candidate with the order.

The only insurmountable obstacle to moving to a new place can be health contraindications, officially recorded. Therefore, when movements are permitted by law, the selected candidate often cannot refuse the offered place.

Posted On 04/19/2018

The legislation allows three types of transfer to another job:

transfer to work at the same enterprise;
transfer to another company;
transfer to another location, including together with the enterprise.

All these changes to the employment agreement (contract) are allowed only with the consent of the employee, with the exception of cases provided for by the Labor Code of the Russian Federation.

The exception is temporary transfer to another job in case of production necessity, as well as in case of downtime.

It is not considered a transfer to another job and does not require the consent of the employee to move him at the same enterprise, organization to another workplace, to another structural unit in the same area, assignment of work on another mechanism within the scope of his specialty, qualification or position stipulated by the employment contract ( contract). The administration does not have the right to transfer an employee to a job that is contraindicated for him due to health reasons.

A transfer to another job, requiring the consent of the employee, should be considered the assignment of work that does not correspond to the specialty, qualifications, position, or work, the performance of which changes the amount of wages, benefits, advantages and other essential working conditions stipulated at the conclusion of the employment agreement (contract). ).

The most common transfer option is transfer to another division of the organization for another position.

Transfer to another position can be carried out as a result of certification of the employee for compliance with the position held or the sufficiency of his qualifications.

Orders for personnel are endorsed by a legal adviser, Deputy Director for Human Resources or other official whose responsibilities include working with the organization’s personnel.

Orders regarding personnel are announced to the employee against signature. A note about familiarization with the order is placed below the “signature” and “visa” details by the employee himself and contains the following: “I have read the order,” the employee’s signature and the date of familiarization. This mark is especially necessary on dismissal orders, because If labor disputes arise, the employee has the right to go to court within a month from the date of familiarization with the order. Transfer of an employee to another job.

Example:

SOLO COMPANY

ORDER

02/21/2004 No. 3 l/s

Tyumen

On the dismissal of Gudkov L.I.

FIRE:

GUDKOV Lev Ivanovich, chief engineer, 01/27/2004 at his own request, clause 3 of article 77 of the Labor Code of the Russian Federation.

Reason: statement of Gudkov L.I. dated January 14, 2004.

Director signature I.O. Surname

Lawyer

_____ AND ABOUT. Surname

20.02.2004

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Article 72.1 of the Labor Code of the Russian Federation provides for the following transfers to another job:
1) transfer with a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works while continuing to work for the same employer;
2) transfer of the employee to permanent work with another employer;
3) transfer to work in another area together with the employer * (88).
An employee can be transferred to another permanent job with the same employer either at the initiative of the employer or by agreement of the parties * (89).
The basis for transfer to another permanent job at the initiative of the employee is his application. The manager’s decision to transfer the employee is expressed in the resolution included in the application. If the issue is resolved positively, an additional agreement to the employment contract is drawn up. The transfer is formalized by a transfer order.

Transfer to another permanent job with the same employer at the initiative of the employer means a change in the labor function or the terms of the employment contract determined by the parties (Article 72.1 of the Labor Code of the Russian Federation). Let us remind you that the mandatory and additional conditions of the employment contract are listed in Art. 57 of the Labor Code of the Russian Federation (place of work, rights and obligations of the parties, characteristics of working conditions, work and rest regime, conditions of remuneration, etc.).

Legislators also include the labor function (name of position, specialty, profession, indicating qualifications) as mandatory conditions, but in Art. 72.1 of the Labor Code of the Russian Federation, it is specially highlighted. And this was not done by chance. The fact is that other terms of the employment contract determined by the parties under those specified in Art. 74 of the Labor Code of the Russian Federation, the employer can change the circumstances without the consent of the employee, only by warning him about it. However, the job function cannot be changed without the employee’s consent (except in the case of temporary transfer due to production needs).

Transfer to another job

Assigning work not provided for in the employment contract without the employee’s consent is, in fact, forced labor, which, according to Art. 4 of the Labor Code of the Russian Federation, prohibited. Another norm (Article 60 of the Labor Code of the Russian Federation) specifies: it is prohibited to require an employee to perform work not stipulated by the employment contract, except in cases provided for by the Labor Code of the Russian Federation and other federal laws.

If such a transfer was carried out without the written consent of the employee, but he voluntarily began performing other work, then this transfer can be considered legal. However, voluntary performance of other work does not relieve the employer of the obligation to obtain written confirmation of consent to the transfer from the employee.

An employee who has been transferred to another permanent job with the same employer and has voluntarily started working on it has the right to appeal such a transfer to the labor dispute resolution authorities if he believes that the transfer was carried out in violation of current legislation.

The grounds and reasons for transfer to another permanent job at one enterprise (organization) may be: promotion, incompatibility of the employee with the position held or the work performed due to insufficient qualifications or health conditions, reinstatement of another person who previously performed this work, etc. .P.

An employee of an organization can report to the human resources department about a change in health status, confirmed by a medical report, according to which he is recognized as needing another job. The employer is obliged to transfer the employee, with his consent, to another available job that is not contraindicated for him due to health reasons.
Documentation of a transfer to another permanent job for a specified reason should begin with the employee drawing up an application requesting a transfer with a medical report attached. If there is relevant work in the organization, the manager puts a resolution on the application, instructing the personnel service to coordinate this transfer with the employee. In the legal literature, the opinion has been expressed that, although there is no direct indication of this in the Labor Code of the Russian Federation, it is advisable to prepare a proposal for transfer, which the employee must be familiar with upon signature.

Transfer to another permanent job is also possible based on the results of certification. It was introduced for managers, engineering and technical workers, employees of research, design, engineering and technological organizations, teachers of higher, secondary specialized educational institutions and schools, etc.

If an employee refuses the proposed transfer options, it is advisable (despite the absence of a direct instruction in the Labor Code of the Russian Federation) to prepare a corresponding memo addressed to the head of the organization. The result of consideration of the memorandum should be a resolution of the head of the organization containing instructions for the preparation of a draft order for the dismissal of the employee in accordance with clause 8 of Art. 77 of the Labor Code of the Russian Federation (an employee’s refusal to transfer to another job, which is necessary for him in accordance with a medical report).

The new edition of the Labor Code of the Russian Federation (Federal Law No. 90) defines the necessary clarity and consistency in the content of Art. 73 and 77. According to Art. 73 of the Labor Code of the Russian Federation, an employee who, in accordance with a medical certificate, needs to be provided with another job, the employer is obliged, with his consent, to transfer to another job. If the employee refuses the transfer or the organization does not have the relevant work, the employment contract is terminated under clause 8 of Art. 77 Labor Code of the Russian Federation.

Meanwhile, the previous version of this clause provided for dismissal only if the employee refused to be transferred to another job due to health conditions according to a medical certificate and said nothing about cases when the organization does not have a job to which the employee can be transferred in accordance with a medical certificate. In addition, the employer’s right to dismiss an employee who, according to a medical certificate, needs to be provided with another job, in the absence of such work in the organization, did not in any way correspond to his obligation to provide such work as enshrined in the same article.

Therefore, the improvement of this norm gave the employer the basis to legitimately determine the procedure for dismissal of this category of workers, namely, inclusion in Art. 83 of the Labor Code of the Russian Federation (termination of an employment contract due to circumstances beyond the will of the parties) conditions when an employment contract is subject to termination due to circumstances beyond the will of the parties: absence of relevant work in the organization, if it is impossible to transfer the employee with his consent to another job. In our opinion, this has brought clarity and consistency to labor legislation. And if this situation arises in the organization, the employee can be fired under Art.

83 of the Labor Code of the Russian Federation (according to the above circumstances), which will correspond to reality.

Appointing an employee as acting for a vacant position is a permanent transfer to another job. The subsequent dismissal of an employee from his position is permissible only on the general grounds provided for by law.
The transfer of an employee to another employer is associated with a change in the terms of the employment contract determined by the parties and should be considered as a basis for termination of a previously concluded contract and the emergence of a new employment contract.

What is meant by “other” employer? Regardless of the degree of economic independence and the presence or absence of the rights of a legal entity, any organization that has the right to hire and fire workers and employees, i.e. having legal capacity in labor relations, is a “different” employer in relation to any other organization that has the same right to hire and fire.

Therefore, for example, the transfer of a teacher from an educational institution to its branch, where the head of the branch (director) is vested with the right to hire and fire, will be considered as a transfer to another employer.
The transfer of an employee to another employer is permitted only at his written request or with his written consent.

An employee invited to work in writing by way of transfer from another employer by agreement between the heads of organizations cannot be denied an employment contract within one month from the date of dismissal from his previous place of work (Art.

Such a transfer is also possible when an employee is transferred on the initiative of a higher authority (for example, in the system of one department or ministry).

When transferring to another employer at the request of the employee, it seems necessary to draw up a written request from the organization in which the employee is located. The request is drawn up on the letterhead of the enterprise and signed by its director.
The employer with whom the employee has an employment relationship may receive this letter by mail or in person from the employee. If the issue of transferring the employee to another employer is positive, a resolution on the preparation of a draft order to terminate the employment contract is affixed to the application. The resolution specifies the date of dismissal of the employee, which must correspond to the date specified in the employee’s application and transfer letter.

A transfer to a permanent job with another employer is formalized by order (instruction), and a corresponding entry about dismissal and hiring in the order of transfer is made in the work book.

Transfer to work in another area together with the employer occurs when the employer himself moves to another area, which should be understood as an area outside the administrative-territorial boundaries of the relevant locality.

Transfer to another permanent job in another location together with the employer is permitted only with the written consent of the employee. At the same time, employees are paid compensation: the cost of travel for the employee and his family members, the cost of transporting luggage, expenses for setting up in a new place, etc. (Article 169 of the Labor Code of the Russian Federation).

A transfer to work from one locality to another, even within the same administrative district, is considered as a transfer to another area, regardless of the availability of a bus or other regular service between these points.
The employee’s refusal to be transferred to another location together with the employer is grounds for termination of the employment contract concluded with him under clause 9 of Art. 77 Labor Code of the Russian Federation.

In addition to the above transfers, there is a transfer of a person performing alternative civilian service. The basis for such a translation is:
liquidation of the organization;
reduction in the organization's staffing level (if the position occupied by a person undergoing alternative service is reduced);
by necessity;
the presence of contraindications confirmed by a medical report for performing the work provided for in the employment contract, and the impossibility of transferring the citizen to another job in this organization;
the presence of contraindications confirmed by a medical report for living in the area where alternative civilian service takes place; other cases (by decision of the Ministry of Health and Social Development of the Russian Federation).

The Federal Service for Labor and Employment brings the decision to transfer a citizen from one organization to another to the relevant federal executive authorities or executive authorities of the constituent entities of the Russian Federation, which are subordinate to these organizations.

The transfer is formalized by order of the federal executive body of the constituent entity of the Russian Federation.
When a citizen is transferred to another organization, the employer terminates the fixed-term employment contract concluded with him, makes a full payment, issues a work book and an account card with the necessary entries made in them in the prescribed manner.

In addition, the employer notifies the organization to which the citizen is sent for further alternative civilian service about the date of his arrival, and the military commissariat, which sent the citizen to alternative civilian service, and the territorial body for employment issues of the Federal Service for Labor and Employment - about transfer of a citizen to a new place of alternative civil service.

The transfer procedure is completed by the employer issuing to the citizen, against signature, an order to leave for the new place of duty within the prescribed period.

Upon arrival at a new organization for further service, the citizen must present to the employer the documents that were previously presented to him when concluding the first fixed-term employment contract.

The employer to whom a citizen has arrived by way of transfer for further alternative civil service enters into a fixed-term employment contract with him for the period of service in this organization and, within three days, notifies the federal executive body or the executive body of the constituent entity of the Russian Federation to which the organization is subordinate. , as well as the military commissariat, sent the citizen to alternative service.

The description of the rules regarding the transfer of employees to another job will not be complete without considering the legal structure enshrined in Art. 75 Labor Code of the Russian Federation. The essence of this design is that when there is a change in the owner of the organization’s property, jurisdiction (subordination), as well as its reorganization, the labor relationship must continue, and the employee cannot be transferred due to these circumstances to another job.

Very close to transfer to another job is the concept of employees combining professions or positions. This is a temporary or permanent expansion of labor functions, i.e. assigning additional responsibilities to the employee within the framework of the employment contract and within the limits of the working time standard established for the given employee.

Combining professions (positions) requires the consent of the employee and is formalized by order of the employer. The latter has the right at any time to cancel his decision to assign a combination of professions and positions to the employee, and the employee has the right to refuse such a combination.

The legislation allows (by agreement of the parties) any options for combining professions and positions and any forms of additional payment to employees as remuneration for expanding labor functions (Article 151 of the Labor Code of the Russian Federation).

As a general rule, if a transfer to another job does not lead to a reduction in wages and a change in mandatory working conditions (and this is determined by judges in each specific case), then such a transfer is considered to be an application of the employment contract.
Thus, changes related to the implementation of the employment contract are possible without the consent of the employee. Changes equivalent to innovation of the employment contract require such consent.

Anisimov A.L. Labor relations and labor disputes. - 2008

HR outsourcing

Transfer to another permanent job

Book of movement of work books and inserts in them

The order of acceptance to work

Registration of a work book

Employment contract - procedure for conclusion, essential conditions

Application for a job

List of documents for hiring.

Employee personal data

HR journals

On internal labor regulations

About the collective agreement

Sample form of a collective agreement

Documents on personnel records at the enterprise

HR audit

Restoration of personnel records management

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What should be understood by transfer to another permanent job in the same organization?

Transfer to another permanent job in the same organization is the assignment to an employee of a labor function that does not correspond to that which was stipulated by the employment contract, i.e. work in another specialty, qualification or position, or assignment of work, the performance of which changes other essential conditions of the employment contract (Part 1 of Article 72 of the Labor Code). The list of essential terms of the employment contract is provided for in Art. 57 TK. Transfer to another permanent job in the same organization is possible under various circumstances. In this case, the initiative for transfer can come from both the employer and the employee himself (for example, in connection with improving the employee’s qualifications), as well as from medical authorities (for example, in connection with the employee’s illness, etc.). In some cases, the employer has an obligation to transfer the employee, with his consent, to another job. So, according to Part 2 of Art. 72 of the Labor Code of an employee who, in accordance with a medical report, needs to be provided with another job, the employer is obliged, with his consent, to transfer to another job in accordance with the medical report, if such work is available in the organization. In cases where the job to which an employee has been transferred in accordance with a medical report is lower paid, the employee retains his previous average earnings for a month from the date of transfer. When transferring due to a work injury, occupational disease or other work-related health damage, the previous average earnings are retained until permanent disability is established or until the employee recovers (Art.

182 TK). If an employee refuses to be transferred to another job in accordance with a medical report, as well as if the organization does not have the recommended work, the employment contract with the employee is terminated on the basis of clause 8 of Art. 77 TK. In certain cases provided for by law, the employer is obliged to offer the employee a transfer to another job. Such an obligation may arise, for example, in the event of a reduction in staff, if the employer has another job for the employee subject to reduction (see Part 2 of Article 81 of the Labor Code). The employer is obliged to offer another job available to a person who, based on the results of certification, is recognized as not suitable for the position held, etc. In accordance with Art. 28 of the Federal Law on Civil Service, the transfer of a civil servant to another civil service position in the cases established by this Law in the same state body is permitted with the written consent of the civil servant. A civil servant who, for health reasons in accordance with a medical report, cannot perform official duties in the civil service position being filled, is provided with another civil service position that corresponds to his qualifications and is not contraindicated for health reasons.

The conditions and procedure for transferring an employee to another job are determined by the Labor Code of the Russian Federation

If a civil servant refuses to be transferred to another position in the civil service or the absence of such a position in the same state body, the service contract is terminated, the civil servant is released from the civil service position being filled and is dismissed from the civil service in accordance with clause 8 of Part 1 of Art. 33 of the said Law.

Article 32.

Transfer to another job according to the Labor Code of the Russian Federation

Transfer to another job. Changes in significant working conditions

Transfer to another job at the same enterprise, institution, organization, as well as transfer to work at another enterprise, institution, organization or to another locality, at least together with the enterprise, institution, organization, is allowed only with the consent of the employee, with the exception of cases provided for in Article 33 of this Code and in other cases provided for by law.

Moving him at the same enterprise, institution, organization to another workplace, to another structural unit in the same area, assignment of work on another mechanism or unit within the limits of his specialty, qualification or position is not considered a transfer to another job and does not require the consent of the employee. stipulated by the employment contract. The owner or his authorized body does not have the right to transfer an employee to work that is contraindicated for him due to health reasons.

In connection with changes in the organization of production and labor, it is allowed to change significant working conditions while continuing to work in the same specialty, qualification or position. The employee must be notified of changes in significant working conditions - systems and amounts of remuneration, benefits, working hours, establishment or abolition of part-time work, combination of professions, changes in grades and job titles, etc. - no later than two months in advance.

If the previous essential working conditions cannot be maintained, and the employee does not agree to continue working under new conditions, then the employment contract is terminated under paragraph 6 of Article 36 of this Code.

Temporary transfer of an employee to another job not stipulated by an employment contract is permitted only with his consent. The owner or a body authorized by him has the right to transfer the employee for a period of up to one month to another job not stipulated by the employment contract, without his consent, if it is not contraindicated for the employee for health reasons, only to prevent or eliminate the consequences of natural disasters, epidemics, epizootics, industrial accidents , as well as other circumstances that jeopardize or may jeopardize the life or normal living conditions of people, with payment for work performed, but not lower than the average earnings for the previous job.

In the cases specified in part two of this article, temporary transfer to another job of pregnant women, women with a disabled child or a child under the age of six, as well as persons under the age of eighteen, without their consent is prohibited.

What is a transfer to another job?

73, 77 clause 7 of the Labor Code of the Russian Federation);

When carrying out measures to reduce numbers or staff. In this case, the dismissal of the employee is allowed if transfer with his consent to another job is impossible (clause 2 of Article 81 of the Labor Code of the Russian Federation);

If an employee is not suitable for the position held or the work performed due to health conditions in accordance with a medical report or due to insufficient qualifications confirmed by certification results. In this case, the dismissal of the employee is allowed if transfer with his consent to another job is impossible (clause 3 of Article 81 of the Labor Code of the Russian Federation).

For all persons transferred to another job in the same organization, the employer (or a person authorized by him) is obliged to provide instructions on labor protection, organize training in safe methods and techniques for performing work and providing first aid to victims (Article 225 of the Labor Code of the Russian Federation).

A transfer to another permanent job in the same organization is formalized by an order of the employer, issued on the basis of amendments to the employment contract signed by the parties according to the unified form N T-5.

Moving him in the same organization to another workplace, to another structural unit of this organization in the same area, or assigning work on another mechanism or unit is not considered a transfer to another permanent job and does not require the consent of the employee, unless this entails a change in labor functions and changes in the essential terms of the employment contract.

In case of production necessity, the employer has the right to transfer the employee for a period of up to one month to work not stipulated by the employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous job. Such a transfer is formalized by an order, which indicates the specific reason for the transfer, the work that the transferred employee will perform, its duration, and payment terms.

By production necessity we mean the occurrence of force majeure, i.e. exceptional circumstances that cannot be foreseen. These circumstances are associated with the need to perform unforeseen and urgent work.

In Art. 74 of the Labor Code of the Russian Federation provides an approximate list of cases of production necessity, indicating the exceptional circumstances that give the employer the right to transfer employees to another job due to production necessity. Such a transfer is allowed only if the employer has no other way to prevent a catastrophe, accident, industrial accident, or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), destruction or damage to property, as well as to replace an absent employee, etc.

The employer's right to transfer arises only when a production need arises for this organization, and not any other, and the transfer of an employee in this regard can only be carried out within the framework of this organization.

Temporary transfer of an employee to another job due to production needs is illegal if the reasons for the transfer are not exceptional and there is no urgent need for such actions by the employer.

Since the Labor Code of the Russian Federation gives the employer the right, in case of production necessity, to transfer an employee to a job that is not stipulated by the employment contract, the transfer in this case can be made without taking into account the qualifications and specialty of the employee. However, an employee can be transferred to a job requiring lower qualifications only with his written consent (Article 74 of the Labor Code of the Russian Federation).

Temporary transfer of an employee to another job due to production needs is unacceptable if it is contraindicated for him due to health reasons. In this case, the employee has the right to refuse the transfer. Since, if a dispute arises on this issue, the labor dispute resolution body is obliged to check the reasons for the refusal, the employee must have documents confirming that for health reasons he cannot perform labor duties at the new place of work.

Replacing an absent employee is recognized as a special case of production necessity. Such a transfer is provided if the absence of the replaced employee is associated with his illness, being on vacation, a business trip, etc. The employee's consent is not required in this case. A temporary transfer to work for a vacant position is permissible only with the consent of the employee, except in cases where such a transfer is due to production necessity.

The person performing official duties in the position of a temporarily absent employee in case of production necessity is a temporary deputy. An employee who temporarily performs duties in the position of an absent employee may be paid the difference between his actual salary and the official salary of the replaced employee, excluding personal allowance.

The conditions and procedure for payment for work to temporarily replace an absent employee can be stipulated directly in the labor and collective agreement.

The replacement of a temporarily absent employee is formalized by an order (instruction) from the organization indicating the reasons for his absence, the period of transfer, the terms of payment for the transferred employee, including the payment of the difference in salaries, if any, and its amount. The difference in salaries in this case is paid for the entire period of substitution. Bonuses are paid according to the conditions and in the amounts established by the position of the replaced employee.

The duration of a transfer to another job to replace an absent employee cannot exceed one month during a calendar year (i.e., the period from January 1 to December 31) (Article 74 of the Labor Code of the Russian Federation). If the transfer period exceeds one month, the order must record the fact that the transferred employee agrees to such a transfer.

Employees are transferred to another job due to production needs with wages for the work performed starting from the first day of transfer, but not lower than the average earnings for the previous job. The preservation of the average earnings of an employee transferred to another job due to production needs without his consent is guaranteed for the entire period of the transfer.

The transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position) in accordance with current legislation serves as the basis for termination of the employment contract and the subsequent conclusion of a new contract with another employer (clause 5 of Article 77 of the Labor Code of the Russian Federation).

If we recall the provision of paragraph 5 of Art. 29 of the Labor Code of the Russian Federation, when dismissal by way of transfer was allowed by agreement between employers, the initiative, as a rule, belonged to the employee when he asked to be fired in order to join another organization by way of transfer. Upon dismissal under clause 5 of Art. 77 of the Labor Code of the Russian Federation, it is necessary to pay attention to who owns the initiative: the employer - to find a job for an employee, or the employee - to find a job with another employer. If an employee intends to resign by transfer to another organization, the dismissal occurs at his request; if the initiative belongs to the employer, the employee is subject to dismissal with his consent.

Transfer to another job at the initiative of the employer

Very often situations arise when it is necessary to transfer an employee to another place of work. This can be caused by many reasons, one of which is related to the work process taking place in the enterprise. The initiator in such a situation can be both the director of the enterprise and the employee on an equal footing. According to the State Labor Code, it is necessary to distinguish between two concepts that are associated with this process - transition and movement to another workplace.

What is “transfer to another place of work”?

Transfer to another place of work - changes in an employee’s responsibilities that are related to his work, on a permanent or temporary basis. If an employee of an enterprise is transferred to another place of work, then the director remains the same, only his type of activity is subject to change. Sometimes the transfer may be carried out to another locality.

When is transfer to another job allowed?

The transfer of an enterprise employee is carried out in a number of cases:

Significant changes in staff.
Opening new branches or closing an enterprise in a given locality.
Employee career growth.
Medical indications of the employee.
Forced transfer of an employee to another position.

Who carries out the translation?

The transfer of an employee is carried out on the basis of an order from the director of the enterprise. It is mandatory that the employee who is to be transferred must be notified of this within a certain period of time. If an employee has made an independent decision to transfer, he must inform his immediate superiors about this.

What are the conditions and grounds for transfer?

In accordance with current labor legislation, there is also a prohibition associated with the transfer of an enterprise employee to another job - this is the employee’s disagreement to be transferred. The Labor Code also stipulates the grounds on which a transfer can be carried out without his personal consent.

An enterprise employee is prohibited from being transferred to another place of work if performing other work may harm his health, and this work is contraindicated for him by doctors.
The new place of work may become permanent or temporary.
Also, each employee of the enterprise has the right to express a desire to be transferred from one place of work to another.

Classification of translations

Transfers from one place of work to another are of two types:

External transfers. An employee moves to a new place of work with a new employer. To make such a transfer, the consent of not only the employee, but also two directors of the enterprise is required.
Internal transfers. This transfer is carried out on a permanent or temporary basis. The translation does not change the manual.

According to the external translation scheme:

An employee of an enterprise is required to write a transfer application.
The immediate employer must contact the future employer with a request to hire this employee for permanent employment.
Receiving a response from a future employer.
Transfer of an enterprise employee under the leadership of another employer, but only with his consent.

In the work book of this employee, an entry must be made about the employee’s application and a serial number with the date of the summons letter must be indicated.

What types of translations are there?

Transfer from one place of work to another is of two types:

Constant translation.
This transfer is considered unlimited. Must be carried out without fail only with the consent of the employee. If the employee does not give consent, the transfer is carried out on the basis of the conclusion of the labor commission or court. If such confirmation is not provided, the transfer is considered illegal. Permanent transfers are:

Transfer without changing the manager. The employee continues to carry out his activities at the same enterprise, only the scope of activity and some clauses of the employment contract change. Any changes are reflected by entries in the work book.
Transfer to another location together with the immediate director.
Transfer to another job (relocation)

With such a transfer, the contract is not subject to changes. Specific entries must be made in the work book.
Transfer to another place of work, which is associated with changes in the structure of the enterprise. The employee continues to work in accordance with the concluded agreement. Changes are made to the contract and work book.
External transfer to another place of work. Dismissal and hiring of an employee for another job, with unbroken length of service. It is mandatory to conclude a new employment contract. A specific entry is also made in the work book.

Temporary transfer. This transfer is associated with a change in the scope of activity for a certain period of time. These translations are:

By mutual agreement. Requires written consent. The transfer period is no more than one year.
Based on the consent of the employer only.
They are made based on the need for them for the director of the enterprise.

If an employee was transferred to replace him, he will work in this place until the employee who was replaced leaves.

An employee of an enterprise can be transferred to another job without his consent only for the following reasons:

Natural disasters.
Fires, floods, earthquakes.
Temporary suspension of production.
It is necessary to replace another employee of the company.

Such transfers can last no more than one month.

An employee can also be transferred if they have health problems or are pregnant. The employee's consent is required. In the absence of consent, the translation is considered illegal. If there are medical indications, the employee is released from work in such a situation for 4 months and his workplace is retained. If the period is more than 4 months, the employee has the right to dismiss.

How does the translation happen?

As mentioned earlier, the transfer can be either by the decision of the director or by the decision of the employee.

If an employee has expressed a desire to transfer, this occurs according to the following scheme:

You must write a statement indicating the reason for the transfer and the desired position.
The application is signed by the employer.
A specific entry is made into the employment contract.
An order is issued by the director of the enterprise.

If the employer has expressed a desire to transfer an employee, this occurs according to the following scheme:

The director of the enterprise must notify the employee of the transfer in writing.
The employee must respond in writing with his consent.
Changes are made to the employment contract.
The employer must sign the transfer order.
The necessary entries are made in the work book, personal card, account, work schedule and other documentation.

What are the translation deadlines?

As for permanent transfers from one job to another, they are considered indefinite.

Temporary transfers by mutual consent cannot exceed a year.
A transfer for the sake of replacement lasts until the employee who is being replaced leaves.
A transfer without the employee’s consent cannot last more than one month.

Is it possible to resign by transfer?

Dismissal in case of transfer to another place of work can only be carried out if an external transfer takes place. The employee must be fired from his current place of work, and then a new contract must be concluded with him at another place of work. It is necessary to make appropriate entries in the work book. Such a transfer may be based on the desire of the director of the enterprise or employee.

The enterprise employee’s consent to such a transfer must be in writing and supported by the employer’s signature. According to the Labor Code currently in force, the transfer of an employee of an enterprise can be carried out without his consent, but only in certain situations that are prescribed in this legislation.

Transfer to another job- this is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another locality together with the employer (72.1 Labor Code of the Russian Federation).

Types of transfers to another job

In accordance with the provisions of the Labor Code of the Russian Federation, the following types of transfers can be distinguished:

Permanent transfer to another job with the same employer;
Temporary transfer to another job with the same employer;
Permanent transfer to work in another location together with the employer;
Transfer to a permanent job with another employer;
Transfer to another job in accordance with a medical report.

1. Permanent transfer to another job with the same employer

With this type of transfer, the employee undergoes on a permanent basis either a change in his job function, or a change in the structural unit in which he works, if the structural unit was specified in the employment contract, or two specified conditions change at once. At the same time, the employee continues to work for the same employer.

The difference between transfer to another job and relocation

It should be distinguished from translation moving. By virtue of Part 3 of Art. 72.1 of the Labor Code of the Russian Federation, movement from the same employer is carried out to another workplace, to another structural unit located in the same area, or is associated with the assignment of work on another mechanism or unit. The relocation is not a transfer to another permanent job and does not require the employee’s consent.

The relocation is permissible subject to the following conditions: firstly, it does not entail a change in the labor function and, secondly, it does not change the terms of the employment contract determined by the parties. At the same time, moving to another structural unit of the same employer is possible if the employment contract did not stipulate the specific structural unit in which the employee who entered into this employment contract will work.

But in all cases, the employer does not have the right to transfer or move an employee to a job that is contraindicated for him due to health reasons (Part 4 of Article 72.2 of the Labor Code of the Russian Federation).

2. Temporary transfer to another job with the same employer

Significantly different from permanent transfers are temporary transfers of employees to another job with the same employer, which can be carried out:

By agreement parties;
At the initiative of the employer without agreement employee.

Temporary transfer to another job by agreement of the parties

Temporary transfer may take place by agreement of the parties in writing:

for a period of up to 1 year;
during the employee's absence when filling his position.

In both cases, if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation ).

Temporary transfer to another job without the employee’s consent

A temporary transfer of an employee is possible as an exception without his consent for a period of up to 1 month to work not stipulated by an employment contract in cases of a catastrophe, industrial accident, fire, flood and other emergency circumstances to prevent these cases or eliminate their consequences (Parts 2, 3 of Article 72.2 Labor Code of the Russian Federation).

Temporary transfer of an employee without his consent for a period of up to 1 month is allowed in cases of downtime, the need to prevent destruction or damage to property, or to replace a temporarily absent employee, but only in the presence of emergency circumstances specified in Parts 2, 3 of Art. 72.2 Labor Code of the Russian Federation. At the same time, transfer to a job requiring lower qualifications is allowed only with the written consent of the employee (Part 3 of Article 72.2 of the Labor Code of the Russian Federation).

3. Permanent transfer to work in another area together with the employer

The permanent transfer of an employee to another location together with the employer is permitted only with the consent of the employee. “Other locality” should be understood as an area outside the administrative-territorial boundaries of the relevant locality.

The employee’s refusal to be transferred to work in another location together with the employer is grounds for termination of the employment contract, according to clause 9, part 1, art. 77 of the Labor Code of the Russian Federation: employee’s refusal to transfer due to the employer’s relocation to another location.

4. Transfer to a permanent job with another employer

The transfer of an employee to a permanent job with another employer is carried out by agreement between the employee and the employer at the old and new place of work and is associated with a change in the employer as one of the parties to the employment contract.

Accordingly, in this case the employment contract is terminated on the basis set out in clause 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation: transfer of an employee at his request or with his consent to work with another employer.

5. Transfer to another job in accordance with a medical report

An employee who needs to be transferred to another job in accordance with a medical report issued in the manner established by federal laws and other legal acts of the Russian Federation, with his written consent, the employer is obliged to transfer to another job available to the employer that is not contraindicated for the employee for health reasons (h 1 Article 73 of the Labor Code of the Russian Federation).

New edition of Art. 72.1 Labor Code of the Russian Federation

Transfer to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, 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 two and three of Article 72.2 of this Code.

At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated ().

The employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the terms of the employment contract determined by the parties.

It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Commentary on Article 72.1 of the Labor Code of the Russian Federation

Changing the terms of the employment contract that determines the employee’s place of work is made taking into account the provisions of Articles 72.1, 72.2 and 73 of the Labor Code of the Russian Federation. First of all, we draw the attention of dear readers to the fact that, in accordance with Article 72.1 of the Labor Code of the Russian Federation, transfer to another job means:

a) permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract) - while continuing to work for the same employer;

b) transfer to work in another area together with the employer. The transfer of an employee to another workplace (to another structural unit) located in the same area does not require consent, if none of the previously determined terms of the employment contract changes. This situation, in accordance with part three of Article 72.1 of the Labor Code of the Russian Federation, qualifies as displacement.

Another comment on Art. 72.1 of the Labor Code of the Russian Federation

1. Article 72.1 of the Labor Code of the Russian Federation treats transfer to another job and movement (to another workplace), which is not a transfer.

As follows from Part 1 of Art. 72.1, transfer to another job is a special case of changing an employment contract, and the concept of transfer is associated with a change in the terms of the employment contract determined by the parties (see Article 72 of the Labor Code of the Russian Federation and the commentary thereto). In other words, translation is, first of all, an innovation in the content of the employment contract. At the same time, on the one hand, not every change in the content of the employment contract is recognized by the legislator as a transfer, and on the other hand, not every transfer is associated with a change in the terms of the employment contract established by the parties, i.e. is an innovation in its content.

By virtue of Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job means a change in: a) the employee’s labor function and (or) b) a structural unit (if this unit was determined by the parties as a condition of the employment contract). In this case, there is a transfer to another job associated with the innovation of one or two conditions that make up the content of the employment contract.

The transfer of an employee to another location together with the employer is also recognized as a transfer to another job. Based on the definition of the concept of place of work as a condition of an employment contract (see Article 57 of the Labor Code of the Russian Federation and the commentary thereto), it should be recognized that in this case there is a change in one of the conditions that make up the content of the employment contract.

Finally, in accordance with Part 2 of the commented article, a transfer is a transfer of an employee to another employer. However, since in this case the subject composition of the contract changes, such a transfer means the termination of one employment relationship and the emergence of a new one.

So, transfer to another job means either a change in the type of work stipulated by the employment contract (type of labor and its qualifications), or a change, agreed upon by the parties, in the place of application of labor.

Accordingly, as stated by the Supreme Court of the Russian Federation, a transfer to another job should be considered a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer , as well as transfer to work in another area together with the employer. In this case, structural units should be understood as branches, representative offices, as well as departments, workshops, sections, etc., and by other locality - an area outside the administrative-territorial boundaries of the corresponding locality (part 2 - 3 paragraphs. 16 Resolution of the Plenum of March 17, 2004 No. 2).

Such a change can be either permanent or temporary. A change in the subject composition of an employment contract, strictly speaking, is not a transfer, because it is associated with the termination of the employment contract as a whole when the employee moves to another employer (see her).

2. When characterizing this type of transfer as “transfer to another locality together with the employer,” it should be borne in mind that quite often the economic activity of the employer is not limited to any one locality (for example, organizations practicing a rotational method of organizing work, logging, construction organizations, etc.). Since the specificity of labor relations in such cases is that the employee performs his labor duties at sites located in different locations, the movement of an employee from one site to another cannot be considered as a transfer.

Thus, in such cases, it is necessary to distinguish between the place of economic activity and, accordingly, the use of the employee’s labor, and the location of the organization, which should be understood as its legal address (as with a transfer due to a change of employer, in this case there may be a move to another location as employer-organization and employer-individual). Moving the location of an organization to another location should be interpreted as a transfer of an employee together with the organization to another location. The concept of the location of the employer (both an organization - a legal entity, and an individual entrepreneur - an individual), i.e. its legal address is determined taking into account the norms of civil legislation.

As follows from the Federal Law of August 8, 2001 N 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”, state registration of a legal entity is carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of one - at the location of another body or person who has the right to act on behalf of a legal entity without a power of attorney (Article 8).

State registration of an individual entrepreneur is carried out at his place of residence. By virtue of paragraph 1 of Art. 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where a citizen permanently or primarily resides. According to clause 18 of the Rules for registration and deregistration of citizens of the Russian Federation at the place of stay and at the place of residence within the Russian Federation, approved by Decree of the Government of the Russian Federation of July 17, 1995 N 713, registration of citizens at the place of residence is carried out by making an appropriate mark in their passports . According to clause 1 of Decree of the President of the Russian Federation dated March 13, 1997 N 232, a passport of a citizen of the Russian Federation is the main document identifying the citizen of the Russian Federation on the territory of the Russian Federation (letter of the Federal Tax Service dated October 24, 2005 N 06-9-09/39 @ "About registration of cash registers").

In the case when an employee is employed by an employer - a large legal entity, his place of work is a structural unit (enterprise or institution) as an element of the production and technological structure of this legal entity (see paragraph 3 of the commentary to Article 57 of the Labor Code of the Russian Federation). Under such conditions, a transfer together with the organization should be considered the movement of this structural unit to another location (even though the location of the employing organization has not changed).

Finally, this type of transfer occurs if the location of separate structural divisions (branches and representative offices) in which the workers’ labor is used changes.

An employee transferred to work in another area is reimbursed for moving expenses (see Article 169 of the Labor Code of the Russian Federation and the commentary thereto).

If the employee refuses to transfer due to the employer's relocation to another location, the employment contract with him is terminated in accordance with clause 9 of Art. 77 Labor Code of the Russian Federation.

3. Transfers to another job may differ for other reasons.

4. From the point of view of who initiates the transfer, it is possible to distinguish between transfers carried out at the initiative of the parties to the employment contract and at the initiative of third parties. In turn, the parties’ initiative for a transfer can be mutual or unilateral (i.e., come either from the employee or the employer).

From the general principle of contract law - “contracts must be fulfilled” - it follows that a change in the content of an employment contract (its innovation) is possible in the same manner and in the form in which it was concluded. Just as the conclusion of an agreement is an act of will of two parties, so changing it must presuppose the corresponding expression of the will of these parties. As a general rule, transfer to another job is possible if there is mutual will of the parties to the contract. This general rule is enshrined in Part 1 of Art. 72.1 of the Labor Code, according to which transfer to another job is permitted only with the written consent of the employee.

5. The initiative for the transfer may come from the employee. However, as a general rule, this kind of employee initiative should be considered nothing more than a request for a transfer, which the employer has the right (but not the obligation) to satisfy. There are exceptions to this general rule when the employee’s request to change significant working conditions is mandatory for the employer. For example, in accordance with the request of a pregnant woman, one of the parents (guardian, trustee) with a child under 14 years of age (disabled child under 18 years of age), as well as a person caring for a sick family member in accordance with a medical report , the employer is obliged to establish a part-time working day or part-time working week (see Article 93 of the Labor Code of the Russian Federation and the commentary thereto). Similarly, if an employee refuses to perform work in the event of a danger to his life and health, with the exception of cases provided for by federal laws, the employer is obliged to provide the employee with other work while such danger is eliminated (see Article 220 of the Labor Code of the Russian Federation and the commentary thereto ).

6. Transfers carried out at the initiative of the employer should be assessed from similar positions. As a general rule, an employer’s proposal to change significant working conditions presupposes a counter-will of the employee; unilateral changes by the employer to these conditions are not permitted. However, there are exceptions here too, when the employer’s order to transfer is mandatory for the employee and refusal to comply is considered a disciplinary offense. But under such conditions, the principle of stability of the labor legal relationship is called into question and a threat is created that the employee’s labor will be forcibly used, which is a violation of the constitutional principle of individual freedom to dispose of oneself, including the disposal of one’s ability to work. Therefore, the possibility of using an employee’s labor on conditions that go beyond the agreement of the parties is subject to a number of restrictions provided for by law. A transfer without the employee’s consent is possible, firstly, if there are reasons of an extraordinary nature, the list of which is specified in the law, and, secondly, if it is temporary (see Article 72.2 of the Labor Code of the Russian Federation and the commentary thereto). In addition, an essential guarantee that excludes the possibility of forced labor is the right of the employee, enshrined in law, to freely terminate the employment contract at his own request.

At the same time, the legislation provides for the possibility of permanent changes to the essential terms of the employment contract by the employer unilaterally. However, such a change is allowed only by certain categories of employers. For example, an employer - an individual (see Article 306 of the Labor Code of the Russian Federation and the commentary thereto) and an employer - a religious organization (see Article 344 of the Labor Code of the Russian Federation and the commentary thereto) have the right to unilaterally change the essential terms of an employment contract, subject to written warning employee, respectively, no less than 14 and 7 calendar days before the introduction of new working conditions.

7. The initiative for transfer may come from third parties, i.e. entities other than an employee or employer. For example, such a subject may be a medical body, which, based on the results of a medical examination of an employee, gives a conclusion that, due to medical indications, the specified employee needs to be provided with work with easier working conditions. This requirement is mandatory for the employer: he is obliged to offer the employee a job with easier working conditions. In relation to an employee, the conclusion of a medical authority cannot be considered as mandatory. Thus, the employer, in accordance with the medical report, is obliged to offer the employee another job, and the latter, in turn, has the right to give consent to the transfer, but also has the right to refuse it (see Article 73 of the Labor Code of the Russian Federation and the commentary thereto).

The situation is somewhat different in the case when a court acts as a third party and imposes a punishment on the guilty employee in the form of deprivation of the right to occupy certain positions or engage in certain activities (Articles 44, 47 of the Criminal Code). It is clear that this legal act of the court is binding on all persons to whom it is addressed, first of all, of course, the employee and the employer. However, this does not exclude the right of the employer to offer the employee a job that is not subject to the restriction imposed by the court, as well as the right of the employee to agree to a transfer to a similar job. A similar approach is possible if an administrative penalty is imposed in the prescribed manner in the form of deprivation of a special right (Article 3.8) or disqualification (Article 3.11 of the Code of Administrative Offenses).

8. The legislation provides for the possibility of transfer to another job at the will of the parties to the employment contract and a third party. In the case of transfer of an employee to another employer, in addition to the request or consent of the employee himself, consent to such a transfer from the previous employer and an invitation (or consent to the transfer) from the new employer are also required.

At the same time, the law prohibits refusing to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work (see Article 64 of the Labor Code of the Russian Federation and the commentary thereto).

9. Transfers to another employer vary depending on the location of the transfer: a) within the employer’s organization; b) to another employer in the same area; c) together with the employer to another location. In addition, the possibility of transferring an employee to another employer located in a different area cannot be ruled out.

A transfer to another employer is usually carried out temporarily. If it is permanent in nature, then there is no reason to talk only about transfer: here the subject composition of the employment contract changes (one employer is replaced by another). Accordingly, one labor relationship ceases to exist and a new one arises. We are not talking about a transfer as such, but about the termination of an employment contract in the order of transfer to another employer (paragraphs 1 - 2 of the commentary to this article). Such a transfer involves coordination of the wills of all interested parties, including the employee.

10. Depending on the timing, transfers to another permanent and other temporary job (or transfers permanent and temporary) differ. Transfers to another permanent job are carried out with the consent of the employee, but temporary transfers are possible without the consent of the employee, i.e. are mandatory for him, and refusal to transfer without sufficient grounds is considered as a disciplinary offense.

11. Transfers vary depending on the reason for the transfer. These reasons may be related to the personal characteristics of the employee, his social status, or be of a production nature. For example, the basis for transfer to another job may be the employee’s health condition (see Article 73 of the Labor Code of the Russian Federation and the commentary thereto); the basis for a transfer of a production nature is the occurrence of cases of an extraordinary nature (see Article 72.2 of the Labor Code of the Russian Federation and the commentary thereto).

12. Closely related to the concept of “transfer to another job” is the concept of “moving to another workplace.” By virtue of the commented article, the employee’s consent is not required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, unless this entails a change in the labor conditions determined by the parties agreement.

Therefore, as a general rule, assigning an employee to work on another mechanism, unit, or machine (without changing the terms of the employment contract) is not a transfer to another job and does not require the employee’s consent. If the employment contract provides for the performance of work at a specific workplace, then the assignment of work on another unit, mechanism or machine is a transfer. For example, a driver can be hired either without indicating the brand of the car on which his labor is expected to be used, or with this brand indicated. In the latter case, assigning him work on a car of another brand should be considered as a transfer to another job.

In the same way, the movement of an employee from one structural unit of an organization to another is usually not considered a transfer (unless the terms of the employment contract change). However, this rule applies if structural units are located in the same area according to the existing administrative-territorial division. As judicial practice shows, moving from one structural unit to another, even if these units are located in the same area, is interpreted as a transfer if the movement significantly worsens the transport accessibility of the new job for the employee. The formal criterion for distinguishing between transfer and relocation in this case can be the criterion of transport accessibility established by the Law of the Russian Federation of April 19, 1991 N 1032-1 “On Employment of the Population in the Russian Federation”, and taken into account when deciding on suitable or unsuitable work when employing a person recognized as unemployed.

In any case, it is not permitted to assign an employee to perform work that is contraindicated for him due to health reasons.