Personnel reshuffling is Personnel reshuffling in the organization

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

Most of the work of the HR department is to some extent related to resolving issues that arise when registering a reshuffle of employees in a company. As a rule, it is undertaken by the manager to increase the efficiency of the professional potential of employees. Meanwhile, the reshuffling of personnel (synonymous with regrouping) must be carried out strictly in accordance with legislative norms. General provisions regarding the movement of employees within the enterprise are established in the Labor Code. Consider further what constitutes a reshuffling of personnel in an organization.

General information

Reshuffle of personnel is a normal phenomenon for the life of almost every enterprise. The Labor Code provides for the possibility of transferring employees to another place (within the enterprise) on a permanent or temporary basis, to another division, to another position, and so on. Whereinthe employer is obliged to comply with a number of conditions established in the Code. Otherwise, his actions may be considered illegal.

Employment contract

Relationships with an employee begin at the time of concluding a contract with him. This document contains key provisions relating to its activities in the enterprise. The definition of the limits of the use of the labor of a citizen, as well as a description of the direct functions that he will perform, acts as integral clauses in the contract. The reshuffling of personnel will mean a change in the specified conditions. In accordance with the TC, they must be documented. It should be noted that the employer's ability to transfer and relocate its employees is quite strictly limited by the Code.

Background

As a general rule, the reshuffle of personnel is possible at the enterprise with the written consent of employees. The initiative to move, meanwhile, may come from the employee himself. For example, an employee submits an application for transferring him to a one-shift job with a three-shift one, due to the need to combine professional activities with training. The permutation of personnel can be initiated by the employer himself. For example, based on the results of certification, it was decided to transfer an employee to another position. Thus, for example, there is a reshuffling of personnel in the Ministry of Internal Affairs. The movement of workers may be due to reasons beyond the control of the parties. For example, it may be the need to reinstate an employee who previously performed professional duties in this position.

Special occasions

Sometimes the reshuffling of personnel is imputed to the employer as a duty. For example, an employee refuses to continue professional activities under conditions changed in accordance with Art. 73 TK. Translation is also required in the following cases:

1. Inconsistency of the employee with the position held or the work performed due to insufficient qualifications. This fact must be confirmed by the results of the attestation.
2. Deterioration of the worker's he alth. This must be confirmed by the conclusion of a competent medical institution.
3. Violation of the order of the conclusion of the contract.
4. Achievement by an employee of the age limit for filling certain categories of positions.
5. Performing downsizing or headcount.

Nuances of legislation

Regardless of the above circumstances, the reshuffling/transfer of workers must be carried out with their consent. In addition, the employer must take into account the provisions of Art. 57 and 9 of the Labor Code. In accordance with them, the new working conditions should not worsen the position of the employee compared to the previous ones. It is also worth mentioning the rules of Art. 182 of the Code. In accordance with it, when an employee is transferred for he alth reasons to another lower-paid job at the same enterprise, he retains the average earnings that he received in the previous place for a month. If the displacement was due to injury, then the salary continues to be paid in the same amount asearlier, until the establishment of permanent disability or recovery. Such rules apply to all enterprises without exception: it does not matter if there is a personnel reshuffle at Russian Railways or at some retail store.

Design

According to Part 4 of Art. 57 of the Labor Code, when transferring an employee, an appropriate agreement must be drawn up. It is an appendix to the employment contract that changes its conditions. The agreement is drawn up, of course, in writing. Based on this document, the head of the enterprise issues an order. The employer is obliged to familiarize the employee with him against signature. In addition, the corresponding mark is made in the work book of the employee. Regardless of the scale, organizational and legal type, specifics of activity, these rules apply to all enterprises where personnel are being reshuffled (Russian Railways, preschool educational institutions, universities, a manufacturing enterprise for the production of bearings, and so on).

Temporary transfer

The rules regarding the transfer of employees to a permanent place of professional activity were discussed above. A slightly different procedure is provided for the temporary rearrangement of frames. So, if an employee is transferred to another place for a limited period, he retains his previous position, to which he was enrolled. Temporary movements, like permanent ones, can be initiated by either party to the labor contract. For example, according to Art. 254, for pregnant employees, the production standards are reduced or they are transferred toother work, the performance of which excludes the negative impact of harmful production factors. At the same time, the average earnings for the previous activity are maintained. A similar rule applies to women with children under 1.5 years of age. They can be transferred to another job before the child reaches the specified age. At the same time, they also retain their previous average earnings. In Art. 74 of the Labor Code also provides for the transfer of an employee due to production needs for up to 1 month. to work not related to his main duties. At the same time, new activities should not be contraindicated for he alth reasons and should be carried out within the enterprise.

Specificity of temporary movements

When transferring employees to another job for a certain (short) period, their consent is not required. The exception is cases when the transfer to a position requiring a lower qualification level is carried out. In this case, according to Art. 74 of the Labor Code, the head must obtain written consent.

Conditions

Temporary movements are treated as certain exceptions to the rules. Meanwhile, their implementation is possible subject to compliance with the requirements that limit the possibilities of the employer. Among them, the following should be noted:

1. The length of stay in a new job cannot be more than 1 month.
2. Temporary transfer is allowed only if necessary.

In the latter case, we are talking, in particular, aboutprevention of a catastrophe, an accident, accidents, damage or destruction of material values, equipment downtime. The production need may be related to the replacement of an absent employee. Regardless of the reason for the transfer, a new job should not be contraindicated for an employee. This is confirmed by a relevant certificate from a medical institution.

Extra

In part 6 of Art. 414 of the Labor Code provides for one important right for the employer. In accordance with the provisions of the article, in the event of a strike, the employer can transfer employees who did not take part in it, but due to its start, cannot fulfill their direct duties stipulated in the employment contract, and announced the start of downtime in writing. In this situation, the general rules established in the Labor Code for temporary movements of employees apply. As for the design of temporary permutations, a somewhat simplified system operates here. In particular, the manager issues an appropriate administrative document in which he indicates the conditions for the transfer. Since the employees retain their previous jobs, the terms of the employment contract remain unchanged. Accordingly, no additional agreement is concluded. It is not required to make any marks in work books.