Order for transfer to another position as a consultant. Difficulties in filling out standardized forms

B) be earlier than the date of transfer (i.e. the order can be issued in advance):


c) be later (i.e. the order legally secures an event that has already actually occurred). This results in a transfer order that has retroactive effect:






or the word “temporarily” is written if it is impossible to calculate the moment of completion of the transfer (by analogy with an order for employment), say, in the case of a transfer to replace a sick employee:


Finally, this cell may remain empty. This in itself shows that exact date the end of the temporary transfer period is unknown:




The case depends not only on the desire of the personnel officer, but also on the method of filling out the unified form: manually (then most likely an entry will be made in accusative case) or using a computer program (which generates orders in the nominative case).
The personnel number is indicated if employees of the organization are assigned personnel numbers. Otherwise, this cell is left blank or a dash is placed in it.
2.6. Next, you must indicate whether the employee is permanently or temporarily transferred to another job:


Entering this information into the unified form T-5a is very problematic due to the lack of a special column in which the words “permanently” or “temporarily” could be entered. In this unified form, only the start and end dates of the transfer are “normally” entered:

However, you still need to indicate the type of translation in some way. The most acceptable options are presented below.
If necessary, the words “permanently” and “temporarily” can be shortened so that the text with a font size of 12 pt fits into the cells:




To avoid these difficulties, you can simply not use the T-5a form, completing all transfers only with orders in the T-5 form.
Finally, you can enter an additional column into the unified form T-5a, which, apparently, is the most successful solution to the problem*:


2.7. It is especially important to note that it is quite possible that a temporary worker, with whom a fixed-term employment contract has been concluded, is permanently transferred to another job. Permanent translation is a translation “forever”, i.e. in this case, the employee does not retain his previous place of work (position) and he will not be returned to this job at the end of the transfer period. This can also happen to a temporary worker, and his employment contract remains fixed-term.
However, the moment of completion of the transfer here is determined by the moment of expiration of the employment contract, and if this date is not indicated in the order, a labor dispute may arise: the employee will argue that if he was transferred permanently without specifying a period, then he is now working in the organization on a permanent basis .
Therefore, the fact that the order indicates both the start date and the end date of the transfer does not mean “by default” that the transfer is temporary. This could be a permanent transfer until the expiration of the fixed-term employment contract. Therefore, it is imperative to indicate the type of transfer as in the order prepared on the basis of the T-5 form:




2.8. The structural unit and position (for an employee) or profession (for a worker) are entered into the order in strict accordance with the organization’s staffing table, taking into account the following rules:
a) if an employee is transferred to another department and to another position (profession), all data will be different:


b) if an employee is transferred to another department for the same position, this position name is indicated twice - both as the previous one and as the new one:


c) if an employee is transferred to another position (profession) in the same department, the name of this department is indicated twice - both as the previous one and as the new one:


d) in cases where other terms of the employment contract change - not a position/profession or a structural unit - the same names are indicated both as “previous” and as “new”:


2.9. When discussing the procedure for issuing transfer orders, students of seminars and the “HR School” greatest number questions are asked about filling out the “reason for transfer” line.
In order to understand what entry should be made on this line, it is necessary to answer the question why the employee was transferred. The reasons may be the following.
1) An employee, knowing that there is a vacancy that interests him, requests a transfer:
a) if he expressed his desire orally and management agrees to the transfer, it is the employee’s desire that is recorded in the order:


b) if the employee wrote an application for transfer, then a reference is made to this document:


In this case, the employee’s surname and initials may be indicated (which is not mandatory, since the order already contains this information):


2) The initiator of the transfer of an employee to another job may be the head of a structural unit:
a) the head of the department can also express his opinion to the head of the organization orally and, having received his consent and having also secured the oral consent of the employee, offer the HR department to issue documents for the transfer. After which the personnel officer prepares an additional agreement with the employee and a draft transfer order. The line “reason for transfer” in this case again reflects the true state of affairs:






3) In addition, the idea of ​​translation could have arisen from general director(head of the organization). Then the entry in the line in question will look like this:*


4) Finally, the transfer could have been made for the reason provided labor legislation. In many cases, according to the Labor Code of the Russian Federation, the dismissal of an employee both on general grounds (clauses 7 and 8 of Article 77), and at the initiative of the employer (clauses 2 and 3 of Article 81) or due to circumstances beyond the control of the parties ( clauses 2, 8, 9, 10) is possible only after the employee is offered another job suitable for him (of course, if the organization has such vacancies). If the employee agrees to the proposed vacancy, then the wording of the basis for the failed dismissal is used in the transfer order in the line “reason for transfer”:









5) Translation according to Art. 74 of the Labor Code of the Russian Federation (for reasons related to changes in organizational or technological working conditions) can, in particular, be formalized as follows:




If the employee refuses to continue working under the new conditions, he is subject to dismissal under clause 7 of Art. 77 of the Labor Code of the Russian Federation in connection with refusal to continue work due to a change in the terms of the employment contract determined by the parties. However, such dismissal can be carried out only after the employee is offered another job (both a vacant position or a job corresponding to the employee’s qualifications, and a vacant lower position or lower paid job) taking into account his state of health (if there are corresponding vacancies in the organization’s staffing table). In this case, the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. The employer is obliged to offer vacancies in other locations, if so provided collective agreement, agreements, employment contracts (part 3 of article 74 of the Labor Code of the Russian Federation).
If the employee agrees to the proposed job, the line “reason for transfer” in the transfer order can be formatted, for example, as follows:


6) Other changes to the terms of the employment contract must also be clearly, clearly and unambiguously reflected in the line “reason for transfer”:




7) In relation to an employee who has entered into a fixed-term employment contract with the employer and continues to work after the expiration of this contract, since neither party has demanded termination of the employment relationship, a transfer to permanent work must be issued. In accordance with Part 4 of Art. 58 and paragraph 2 of Art. 77 of the Labor Code of the Russian Federation, the condition on the fixed-term nature of the employment contract in this case loses force and the employment contract is considered concluded for an indefinite period and, as for some reason many believe, is extended “automatically”. However, this is the wrong approach: the actual extension of the contract must be legally formalized, i.e. documented. An additional agreement to the employment contract must be signed with the employee recognizing the employment contract as concluded for an indefinite period, and on the basis of this additional agreement it is necessary to issue an order for transfer to permanent work. In this case, you can make an order in any form (something like this: “Consider so-and-so accepted for a permanent job in such-and-such a position in such-and-such a department”). However, it is much easier to make an order based on the unified T-5 form, in which the reason for the transfer should be recorded:


8) The reason for the temporary transfer must also be stated in the order. The temporary transfer is made by the employer on the basis of Art. 72.2 and 73 of the Labor Code of the Russian Federation. In the title and text of the article. 72.2 states that a temporary transfer is possible if its need is caused by emergency circumstances in the cases listed in parts 2 and 3 of this article. Thus, the reason for the transfer must be formulated clearly, clearly and unambiguously. It must be clear exactly what fact or what event, out of those provided for in the law, forced the employer to decide to transfer the employee.
8.1) The vague expression “production necessity”, used earlier, before the adoption of amendments to the Labor Code of the Russian Federation, does not make it clear whether the transfer was made within the framework of the law, or whether the employer exceeded his authority. Therefore, it is necessary to describe the situation in detail.
Thus, it can be considered incorrect next way processing a temporary transfer related to emergency:


The execution of an order can be recognized as correct only in cases where one of the following is indicated as the reason for the transfer: following situations:
. preventing destruction or damage to property due to:
. natural or man-made disasters (specify which one);
. industrial accident (indicate which equipment or in which department);
. industrial accident (specify which one);
. fire;
. floods;
. hunger;
. earthquakes;
. epidemics or epizootics;
. the occurrence of the specified emergency circumstances;
. downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature) under the above emergency circumstances (specify the reasons and possible consequences just me); any exceptional cases threatening the life or normal living conditions of the entire population or part of it (indicate what exactly is happening).




8.2) In one of the cases provided for in Art. 72.2 of the Labor Code of the Russian Federation, is the temporary absence of any employee under the emergency circumstances discussed above. Very often, when transferring another employee to his place, the order indicates the reason for the transfer incorrectly or too generally, which can lead to labor disputes.
In the author's memory there was such a case. The secretary, transferred to the position of sales manager with the wording in the order “to replace a temporarily absent employee,” refused to return to work as a secretary after returning to work after the illness of this employee. She motivated her refusal by the fact that this moment Another sales manager was on vacation. Consequently, she sincerely believed that the order to transfer her to the position of sales manager during the employee’s absence had not ended. Thus, given the vagueness of the wording in the order and big number sales managers in the company, it could well turn out that our heroine will work as a sales manager indefinitely. Fortunately, we managed to solve this problem painlessly by finding an opportunity to reach an agreement with the employee.
So, in order to avoid violations of the law and the emergence of such conflicts, it is necessary to accurately indicate the reason for the transfer to replace a temporarily absent employee (indicate possible adverse consequences absence of the employee, the reason for his absence, as well as the surname and initials of the absent employee), for example:


8.3) Other cases of replacing an absent employee are provided for in Part 1 of Art. 72.2 and are now possible, with the entry into force of amendments to the Labor Code of the Russian Federation, only by agreement of the parties, concluded in writing.
In particular, if the parties reach agreement, the employee may be temporarily transferred to another job with the same employer for a period of up to one year. If such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his place of work, then the period of transfer is extended until this employee returns to work. The reason for such a transfer must also be indicated specifically, indicating the reasons for the absence, as well as the surname and initials (or full name and patronymic) of the employee to whose place the transfer is being made:


You should remember the novelty of the Labor Code of the Russian Federation, according to which, if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the terms of the agreement on temporary nature transfer becomes invalid and the transfer is considered permanent. Therefore, written confirmation of the provision of the employee’s previous job is required.
It seems that in this case the employer (personnel department) can get by with a written notification that from such and such a date the employee will begin to perform his duties at his previous (before transfer) place of work (position). However, it is well known how difficult it is for an employer to win a labor dispute in court and how important it is for him to protect himself as much as possible by creating a solid evidence base in the event of a conflict.
Therefore, upon completion of a temporary transfer to replace a temporarily absent employee, we recommend issuing an order for the permanent transfer of the replacement employee to his previous job. In this case, the line “reason for transfer” can be formatted as follows:


As readers have probably already noticed, when considering the line “reason for transfer”, an example was never given using the unified form T-5a. The fact is that there is no such column in the form of an order for the transfer of several employees:


What to do if you need to transfer several employees with one order? The actions will be similar to those discussed when considering the execution of orders for employment in the context of the details “Conditions of employment, nature of work”, available in the T-1 form and for some reason absent in the T-1 form a. In other words, we either simply do not use the T-5a form, issuing an order for each employee, or we introduce an additional column in the T-5a form*:


2.10. The next detail in the transfer order is “Size wages» employee(s).
When registering a permanent transfer, of course, the personnel officer must indicate in the order the amount of the salary or tariff rate and the amount of allowances in accordance with the organization’s staffing table:


However, often when applying for a temporary transfer, the personnel officer does not have all the information necessary to fill out this detail.
According to Part 4 of Art. 72.2 of the Labor Code of the Russian Federation, in case of temporary transfer due to an emergency situation, the employee’s wages are paid according to the work performed, but not lower than the average earnings for the previous job, i.e. of two possible options the employee should be paid more. An HR employee is not able to accurately calculate which is greater—the salary for the job performed or the average earnings for the previous job.
Consider a situation where a warehouse loader finished products transferred as a fireman to the boiler room. Fireman's salary, according to staffing table the organization is higher, therefore, in the order of temporary transfer, the personnel officer will indicate exactly this salary. But in the past accounting year, the loader received bonuses, which the accounting department necessarily takes into account when calculating his average earnings and thanks to which his average salary turns out to be higher than the salary of a fireman. Thus, if the temporary transfer order specifies only the size of the fireman’s salary, then the employee’s rights may be infringed, and the employing organization, as well as personally the director of the organization who signed the order, become violators of labor legislation*.
Of course, it is assumed that the accountant who calculates wages for employees is aware of the requirements of labor laws. However, in practice this assumption is not always confirmed. Therefore, the temporary transfer order must indicate exactly how wages should be paid to the transferred employee in these cases. The corresponding cells indicate, of course, the salary for temporary work. However, you can also provide a hint for accounting by placing it on the “reason for transfer” line, for example:


You can enter this text in the line “position (specialty, profession), rank, class (category) of qualifications” for a new place of work, for example:


You can also place this hint in details related to employee remuneration:


And then it’s up to the accounting department to make the calculations and pay the employee the correct amount.
You can, of course, go the other way: first request from the accounting department a calculation of the average salary of the transferred employee and indicate the required amount in the transfer order, but this is unnecessary complexity for both accountants and personnel officers.
During a temporary transfer to replace a temporarily absent employee on the basis of Part 1 of Art. 72.2 this problem does not arise, since the transfer is carried out by written agreement of the parties to the employment contract, which must record the agreement of the parties on the amount of payment for the period of the transfer.
2.11. The last detail of the transfer order is the “Ground” for issuing the order. This detail must include a reference to the document that confirms the fact or event indicated as the reason for the transfer.
1) A permanent transfer involves changing the terms of the employment contract and is therefore only possible with the consent of the employee; it is necessary for both parties - the employee and the employer - to sign a document that will change the content of the employment contract. This is provided for in Art. 72 of the Labor Code of the Russian Federation, which prescribes that changes to the terms of an employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, with the exception of cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.
An agreement is also concluded in writing between the employee and the employer in the event of a transfer to replace a temporarily absent employee (except for transfer in emergency situations).
The unified forms contain the title of the document “Amendment to the employment contract.” Indeed, the document signed by the parties may bear this name. In this case, all that remains is to enter the “Changes” details into the order:


However, this document may be called, for example, an “addition to the employment contract.” Then it will already be classified as “other documents”:


Most HR officers have developed the practice of making changes and additions to employment contracts by drawing up additional agreements, which are also considered as “other documents”:


However, it is not so important what exactly this document will be called: “amendment”, “addition”, “additional agreement” or something else. It is important that only this can serve as a legal basis for issuing a transfer order in the above cases. That is why it is not necessary to indicate any document as the “reason for transfer” in the order for permanent transfer (employee’s application for transfer, submission for transfer, memo etc.), but you can also indicate the oral expression of the will of both the employee himself and the head of the department or the head of the organization.
There can be only one exception: permanent transfer to another job based on a medical report. The fact is that a medical report, which states that the employee cannot perform the work under the employment contract or is able to work, for example, only part-time, is mandatory for both the employee and the employer.
Therefore, having received from doctors (after the employee has completed the mandatory medical examinations) or from the employee (in other cases) such a medical report, the employer, if there are appropriate vacancies, must offer the employee another job that is suitable for him in terms of qualifications and health. In this case, the employee is provided with a list of vacancies for a certain date, indicating the names of positions (professions), main functional responsibilities, working hours, wages and other mandatory terms of the employment contract (if during the transfer they differ from the current ones). If an employee agrees in writing (in the form of a signature on consent on the list) to be transferred to one of the positions or professions indicated in the list, then drawing up an additional agreement is no longer mandatory:


2) For a temporary transfer in cases where the employee’s consent is not required, it is sufficient to provide in the “Basis” the details of the document (or documents) that contain confirmation that the fact or event provided for in Art. 72.2 of the Labor Code of the Russian Federation, indeed took place. The basis for issuing an order may be an act recording the fact of an accident, accident and other situations listed in parts 2 and 3 of this article, a memorandum on in a threatening state equipment, etc.




In cases where a temporary transfer requires the mandatory consent of the employee (transfer to a job requiring lower qualifications, or to replace a temporarily absent employee), the employee may be given a proposal for transfer describing the main conditions of temporary work (position name, main responsibilities, work schedule , amount of payment and others, mandatory for the employment contract and changing during a temporary transfer), on which he records his consent:


Or, after oral negotiations with the employee, during which he expressed his consent to the transfer, the personnel service employee invites him to write a statement of consent, which must also contain all the conditions of temporary work indicated above:


However, in cases where a temporary transfer cannot be carried out without the consent of the employee, i.e. when transferring to a job requiring lower qualifications, or when transferring to replace an absent employee, the most convenient and reliable way to formalize the employee’s consent to a temporary transfer is, as shown by arbitrage practice, additional agreement to the employment contract (as with permanent transfer):




The basis for issuing an order to transfer to the previous job at the end of the temporary transfer is the order by which the employee was transferred to the temporary job: