Transfer to another position is a vital necessity

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

In labor relations, situations often arise when a transfer to another position is necessary, in this case there are temporary or permanent changes in the employee's labor function. Transfer to another position is also a change in the structural unit where a person works (it can occur simultaneously with changes in the labor function). This may be a transfer to another locality with the employer. Transfer to another position can be initiated by any party to the employment contract. The procedure can be performed only with the consent of the employee, except for situations of temporary transfer, when it is performed in cases caused by certain emergency situations.

The transfer of an employee to another position should be distinguished from a transfer. In this case, there is no change in the labor function and place of residence and work, the terms of the employment contract. Any transfer and movement should be made only to work that is not contraindicated for a person for he alth reasons.

Temporary transfer of an employee to anotherthe position can take place both by agreement between the parties, and without the consent of the employee. In the first case, the term of transfer is limited to a year or a period of absence of the main employee, for the replacement of which the transfer to another position is temporarily carried out. This can be done for the period of parental leave of a permanent employee. If, during a temporary transfer, a person is not returned to his former place of work, and he does not demand his return back, then the temporary transfer becomes permanent.

In emergency situations (disasters, fires, epizootics, floods, accidents, accidents, etc.), a person can be temporarily transferred for up to 1 month without his consent. In addition, it can be transferred without consent to prevent the consequences caused by emergencies (downtime, damage to property). If the new work is of a lower qualification, then such a translation should be done as much after obtaining the consent of the person. Payment for temporary transfers caused by emergencies must be at least equal to the average salary or higher if the work performed is more expensive.

Procedure caused by the state of human he alth is regulated separately. In this case, a person who needs a change of work according to a medical report must be offered another activity that the employer has and that is not contraindicated for the person. The action can be performed only with the written consent of the person. In case of refusal of the employee or lack of such work inorganization, the person is suspended from work, usually without pay. If a longer period (more than 4 months) or a permanent transfer is required, then if the person refuses it or there is no work, he can be fired. The exception in this case is pregnant women or other categories of workers protected by law in such a situation.