Movement of an employee: the order of movement, the nuances

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Each employer, in the event of an employment relationship with employees, must take into account the requirements of the Labor Code. It is often necessary to move an employee within the company. It has some differences from a transfer to another place of work, and can also be presented in several varieties.

Types of movement

This procedure comes in three versions:

• relocation of an employee to another job offered within the company where the citizen is currently working;
• a specialist moves to another structural unit or branch of the company located in another region or locality;
• the citizen is given the opportunity to work with a new mechanism or unit, which leads to the assignment of a slightly different job.

The procedure can be performed even without the permission of the direct employee. Often, the relocation of an employee is a necessary measure, but at the same time, a new job must correspond to the abilities and experience of a specialist.

When is the procedure prohibited?

According to shopping mallthe movement of the worker must be carried out by the employer, taking into account some significant requirements. Therefore, the following nuances are taken into account:

• on the basis of Art. 72.1 TC is not allowed to move if there are contraindications for this process due to the he alth of the hired specialist;
• there are no other requirements and restrictions for this process;
• it is not allowed to give a citizen official duties that do not correspond to his qualifications, experience and skills;
• this process does not change the nature of the work being done;
• often, when moving, it is required that the employee undergo a medical examination, since in this case the employer will be able to make sure that the citizen, for he alth reasons, corresponds to the chosen job.

Often, employers have to deal with the fact that employees are against relocation, so they refuse to undergo a medical examination. Under these conditions, the worker is not allowed to move, so he is suspended from work until the inspection is completed.

How is it different from translation?

Relocation of a hired specialist has some differences from the standard translation. The main features of the process include:

• move within the same company;
• does not change significantly the nature of the work of an employee of the company;
• no changes are made to the terms of the employment agreement;
• does not require employee authorization for procedure;
• if even one minor function or item changescontract, then such a process should be formalized as a transfer.

Translation can be performed only with the permission of a direct hired specialist. Therefore, the employer must ensure that the change of the employee's place of work is properly executed. This is due to the fact that the transfer and transfer of an employee are two completely different processes.

Reason for procedure

The employer must take into account some conditions for the movement of the employee. During the execution of the procedure, it is not allowed to change the duties of a hired specialist or his working conditions. If it is planned that a citizen will work in another area, then there must be a production need for this. The employer must take into account the interests of the employee.

The most common reasons for displacement are:

• the emergence of a production need, due to which it is necessary to make certain changes to the staffing of the enterprise;
• reduction or expansion of the firm;
• professional and even career growth of employees is ensured through the procedure.

The employee selected for movement must follow the instructions of management or other authorized persons with administrative functions.

Select another area of the shop

The most frequent movement is the transition of a specialist to a new section of the shop. At the same time, he performsprevious job function. This is possible only if the employment contract does not clearly state in which particular section of the workshop the citizen should work. Under such conditions, relocation is allowed with the appropriate permission from a hired specialist, since such a procedure leads to a change in the terms of the employment agreement.

Most often, the need to move an employee to another job is due to his career growth.

Referral to work elsewhere

Such a move must be temporary. If it is not planned that the specialist will constantly work in another region, then such a procedure is implemented without his consent.

If it is planned that a citizen will work in another area for a long time, then such a movement should be documented as a transfer. This requires prior written consent to the procedure. Therefore, employers often face some difficulties when moving an employee to another structural unit. Hired specialists can go to court, where they will prove that such a process led to a change in their working conditions, so the head of the company will be held liable due to incorrect execution of the transfer.

How is the process done?

Moving an employee to another job must be done in the correct sequence. This is due to the fact that even with such a simple movement of a hired specialist, some changes are made to the work of personnel. Therefore, the employerthe following points are taken into account:

• if you just change the office where the specialist works, then you do not need to prepare any official documents for this;
• if a citizen is sent to work with new technological equipment, then this procedure is correctly recorded;
• the decision to move first is made;
• initiative can come not only from the head of the company, but even from a hired specialist;
• if the employee himself wants to learn how to work with new equipment or move to another branch, then he forms a corresponding memo, which indicates the wishes of the specialist;
• if the employer agrees with the procedure or is its initiator, then they issue an order, for which you can use the free form;
• if the procedure is a transfer, then an order in the form T-5 is used;
• the order specifies the type of movement, what new equipment the specialist will have to work with, and where exactly he is sent to work.

When performing this process, it is not allowed to change the name of the position of a specialist. Relocation of an employee without changing the job function is considered a simple process, but some employers discuss this procedure with direct specialists so that in the future there will be no disagreements between the two participants in the employment relationship.

Documentation Rules

Movement workermust be accompanied by the preparation of certain documentation by the employer. For this, there must first be a reason. It is presented by the decision of the head of the company or a memo received from a direct employee of the company.

To complete the process, it is enough to issue an order in free form. When drawing up an order to move an employee, the following points are taken into account:

• if a transfer is being made, then a unified form T-5 is required;
• it is allowed to use this form even for moving;
• each company has the right to develop its own unique form, which is then competently approved by management;
• the order may be replaced by a notice of relocation or a special written order drawn up by the director of the company;
• no need to draw up any additional agreements to the existing labor agreement;
• different marks are not entered in the work book or personal card of the employee.

There are no clear requirements for the registration of the process of movement of an employee of the company in the Labor Code. Therefore, usually such a procedure is clearly fixed by the heads of companies at the local level. Most often, information is entered into the labor regulations. In this case, various conflicts with hired specialists can be prevented. If employees refuse to be relocated without justified reasons, they may be subject to disciplinary sanctions.

Is it necessarydraw up an additional agreement?

Relocation of an employee does not imply any changes to the clauses and content of the employment contract. Therefore, no addendum to this document is required.

If, however, the transfer is used to send to work in another region, then it is desirable to fix such changes in the labor agreement. For this, an additional contract is drawn up, which indicates that the specialist’s labor functions do not change, but he will have to cope with his official duties in another region.

Consequences of the process

The management of any company has the right to numerous personnel changes. Most often they are aimed at improving the efficiency and rational use of labor resources. Decisions made by the company's managers must be unquestioningly carried out by employees, if the requirements of the Labor Code or the labor rights of hired specialists are not violated.

If the transfer of a specialist is correctly documented, but the citizen refuses to move to a new job, then this leads to disciplinary liability on the basis of Art. 192 TK.

If a citizen is sure that the employer does not correctly draw up the translation, then he has the right to file a complaint with the labor inspectorate or even file a lawsuit in court. Based on these documents, the head of the company may be held administratively liable. This is possible provided that a citizen is sent to another region for permanent work or his position changes.duties and working conditions.

How do I dispute a procedure?

If an employee is sure that the employer violates his labor rights, since the standard transfer is issued as a transfer, then he can challenge such a decision of the manager in court. To do this, the following rules are taken into account:

• it is advisable to draw up complaints to the prosecutor's office and the labor inspectorate;
• based on these documents, an audit will be carried out, the main purpose of which is to identify violations by the head of the company;
• if indeed the transfer was made out as a transfer, then the director of the company will be held liable, so he will have to pay a significant fine;
• in addition, an employee can file a lawsuit to recover moral damages from the employer;
• litigation is usually held in a situation where the director put pressure on the employee morally, wanting to send him to another region for permanent work in a branch without the consent of a specialist.

In order to hold an employer accountable or win a lawsuit, an employee must be sure that his manager really violated the law.

Conclusion

Relocation of employees does not imply a change in their work functions or adjustments to the employment contract. Most often, the procedure is associated with the career growth of specialists or the expansion of production.company. Although the process differs in many ways from translation, it still needs to be done well.

If an employer violates the labor rights of a specialist or arranges a transfer as a transfer, then this is the basis for holding him accountable.