Each employer in the event of an employment relationship with employees must take into account the requirements of the Labor Code. Often requires the movement of an employee within the company. It has some differences from transferring to another place of work, and can also be presented in several varieties.
Types of movement
This procedure is presented in three versions:
- moving an employee to another workplace offered within the company, where a citizen is currently working;
- the 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 immediate employee. Often, the movement of an employee is a necessary measure, but at the same time, a new job should correspond to the abilities and experience of a specialist.
When is the procedure prohibited?
According to the Labor Code, the employee should be moved by the employer taking into account some significant requirements. Therefore, the following nuances are taken into account:
- based on Art. 72.1 TC is not allowed to move if there are contraindications to this process due to the state of health of the hired specialist;
- There are no other requirements and restrictions to this process;
- it is not allowed to endow a citizen with official duties that do not correspond to his qualifications, experience and skills;
- when performing this process, the nature of the work being carried out does not change;
- often when moving, it is required that the employee undergo a medical examination, as in this case the employer will be able to verify that the citizen due to health condition corresponds to the chosen job.
Often, employers have to deal with the fact that employees are against moving, so they refuse to undergo a physical examination. Under such conditions, the employee is not allowed to move, so he is suspended from work until the inspection is completed.
What is the difference from translation?
Moving a hired specialist has some differences from a standard translation. The main features of the process include:
- the movement is carried out within the same company;
- the nature of the work of an employee of the company does not change significantly;
- no changes are made to the terms of the labor agreement;
- It is not required to obtain an employee’s permission for the procedure;
- if even one minor function or clause of a contract changes, then such a process should take the form of a transfer.
The translation may be carried out exclusively with the permission of the direct hired specialist. Therefore, the employer must ensure that the change in the employee’s place of work is correctly executed. This is due to the fact that the transfer and movement of an employee are two completely different processes.
Reasons for the 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 that the official duties of the hired specialist or his working conditions be changed. If it is planned that a citizen will work in another locality, then this must have a production need. The employer must consider the interests of the employee.
The most common causes of displacement are:
- the emergence of production needs, due to which it is necessary to make certain changes to the staffing of the enterprise;
- reduction or expansion of the company;
- the professional and even career growth of employees is ensured through the procedure.
The employee selected for movement must comply with the orders of management or other authorized persons with administrative functions.
Choosing a different section of the workshop
The most frequent movement is the specialist’s transition to a new section of the workshop. Moreover, he performs the previous labor function. This is possible only on condition that the employment contract does not clearly state on which particular section of the workshop a citizen should work. Under these conditions, transfer is allowed with the appropriate permission from the hired specialist, since such a procedure leads to a change in the terms of the labor agreement.
Most often, the need to move an employee to another job is due to his career growth.
Direction to work in another locality
Such movement should 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 locality for a long time, then such a movement should be made out as a transfer. This requires his written consent to the procedure in advance. Therefore, employers often encounter some difficulties when moving an employee to another structural unit. Hired specialists can go to court, where they prove that such a process has led to a change in the conditions of their work, so the head of the company will be held accountable due to incorrect execution of the transfer.
How is the process performed?
Moving an employee to another job should be performed in the correct sequence of actions. 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 following points are taken into account by the employer:
- if the office where the specialist is working is simply changing, then it is not required to prepare any official documents;
- if a citizen is sent to work with new technological equipment, then this procedure is correctly fixed;
- initially a decision is made on the need for movement;
- the initiative may 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 the corresponding memo, which indicates the wishes of the specialist;
- if the employer agrees with the procedure or is its initiator, then an order is issued to them, for which you can use the free form;
- if the procedure is a translation, then an order in form T-5 is used;
- the order indicates what kind of movement, what new equipment the specialist will have to work with, and exactly where he is going to work.
When performing this process, it is not allowed that the name of the specialist position be changed. Moving 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 disagreement between the two participants in the employment relationship.
Documentation Rules
The movement of the employee must be accompanied by the preparation of certain documentation by the employer. There must first be a foundation for this. It is represented by a decision of the head of the company or a memo received from a direct employee of the company.
To formalize the process, it is enough to issue an order in free form. During the preparation of the order on the movement of the employee, the following points are taken into account:
- if a transfer is made, then a uniform T-5 form 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 further competently approved by management;
- the order may be replaced by a notice of movement or a special written order drawn up by the director of the company;
- It is not required to draw up any additional agreements to the existing labor agreement;
- different marks are not entered in the workbook or personal card of the employee.
In the TC there are no clear requirements for the design process of the movement of an employee of the company. Therefore, usually this procedure is clearly fixed by the heads of companies at the local level. Most often, information is entered into the rules of the work schedule. In this case, various conflicts with hired specialists can be prevented. If workers refuse to move without justified reasons, then they can be punished with disciplinary liability.
Is an additional agreement necessary?
Moving an employee does not imply any changes to the clauses and content of the employment contract. Therefore, it is not necessary to compile an addendum to this document.
If, however, a transfer to work in another region is used as movement, it is advisable to fix such changes in the labor agreement. To do this, an additional contract is drawn up, which indicates that the professional functions of the specialist do not change, but he will have to cope with his duties in another region.
Process consequences
The management of any company has the right to numerous personnel changes. Most often they are aimed at improving the efficiency of activities and the rational use of labor resources. Decisions made by the leaders of the company must be carried out implicitly 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 properly documented, but the citizen refuses to move to a new place of work, this leads to disciplinary action on the basis of Art. 192 shopping mall.
If a citizen is sure that the employer is making the wrong transfer, 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 goes to another region for permanent work or his job duties and working conditions change.
How to challenge the procedure?
If the employee is sure that the employer violates his labor rights, since the standard transfer is executed as a transfer, he can challenge such a decision of the head in court. To do this, the following rules are taken into account:
- it is advisable to file complaints with the prosecutor's office and 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 the transfer really took the form of a transfer, the director of the company will be held accountable, so he will have to pay a significant fine;
- in addition, the employee may file a lawsuit in order to recover compensation for moral damage from the employer;
- the trial is usually held in a situation where the director morally pressured an employee, wanting to send him to another region for permanent work in the branch without the consent of a specialist.
In order to hold the employer accountable or win the court, the employee must be sure that his supervisor has indeed violated the requirements of the law.
Conclusion
The relocation of employees does not imply a change in their job functions or adjustments to the employment contract. Most often, the procedure is associated with the career growth of specialists or the expansion of production by the company. Although the process has many differences from the translation, it should still be properly formatted.
If the employer violates the labor rights of a specialist or draws up a transfer as a transfer, then this is the basis for holding him accountable.