In labor relations, situations often arise when a transfer to another position is necessary, in this case, temporary or permanent changes in the work function of the employee occur. A transfer to another position is also a change in the structural unit where the person works (it can occur simultaneously with changes in the labor function). This may be a transfer to another location with the employer. A transfer to another position may be initiated by any party to the employment contract. The procedure can be performed only with the consent of the employee, except in 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 the transfer. In this case, there is no change in the labor function and the place of residence and work, the terms of the employment contract. Any transfer and relocation should be carried out only for work that is not contraindicated for human health reasons.
Temporary transfer of an employee to another position may occur both by agreement between the parties and without the consent of the employee. In the first case, the term of the 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 during the period of parental leave . If during a temporary transfer a person is not returned to his former place of work, and he does not require his return back, then the temporary transfer becomes permanent.
In emergency situations (catastrophes, 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 translated without consent to prevent consequences caused by emergencies (downtime, property damage). If a new job is of 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 should be no less than average earnings or higher if the work performed is more expensive.
Separately regulated procedure caused by human health. In this case, the person who needs a change of work according to the medical certificate must be offered another activity that the employer has and which is not contraindicated for the person. An action may only be carried out with the written consent of a person. In case of refusal of the employee or the absence of such work in the organization, the person is suspended from work, as a rule, without payment. If a longer period (more than 4 months) or a permanent transfer is required, then if a person refuses him or does not work, he can be dismissed. The exception in this case is pregnant women or other categories of workers protected by law in such a situation.