How to transfer an employee to another job. Temporary transfer to another job

Hello!

According to Art. 72.2. Labor Code of the Russian Federation, by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, is retained place of work - before this employee goes to work. 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 condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

In the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic, and in any exceptional cases threatening the life or normal living conditions of the entire population or part of it, the employee may be transferred without his consent for a period of up to one month to work not stipulated by the employment contract with the same employer in order to prevent these cases or eliminate their consequences.

Transfer of an employee without his consent for a period of up to one month to a job not stipulated by an employment contract with the same employer is also permitted in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent destruction or damage to property or temporary replacement absent employee, if downtime or the need to prevent destruction or damage to property or to replace a temporarily absent employee is caused by emergency circumstances specified in part two of Article 72.2. TK. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.

When transfers are made in cases provided for in parts two and three of Article 72.2 of the Labor Code of the Russian Federation, the employee is paid according to the work performed, but not lower than the average earnings for the previous job.

Temporary transfer is the transfer of an employee for a definitely limited time to another job while retaining his place permanent job.

The reasons for temporary transfers can be classified as follows:

production necessity, including to replace an absent employee;

pregnancy of a woman and the presence of children under the age of one and a half years (transfer to easier work);

health status based on a medical report.

Production necessity is an evaluative concept, i.e. vague and each time clarified by the employer himself, and in cases of dispute - by the court.

Production necessity means the prevention of:

catastrophe, industrial accident or elimination of the consequences of a catastrophe, accident, natural disaster;

accidents;

downtime (temporary suspension of work for reasons of an economic, technological or organizational nature, as well as in cases of suspension of activities in the manner prescribed by law);

destruction or damage to property.

The noted conditions give the employer the right to make a sole decision, not agreed with the employee, to transfer the employee to another job that is not the place of work stipulated by the employment contract.

This translation has a number of features:

the period of transfer to replace an absent employee cannot exceed one month during a calendar year;

in the case of such a transfer, the employer must take into account the qualifications of the person being transferred;

transfer of an employee to replace an absent employee is possible in a situation where an employee who permanently occupies this position is absent temporarily (for example, due to illness, due to study leave and etc.).

One of the most common reasons for production necessity is a temporary transfer due to downtime, as well as in the case of replacing a temporarily absent employee.

The basis for transfer due to downtime is a memorandum from the head of the structural unit. As a rule, during downtime it is necessary to transfer several workers, so in in this case a free form of order (instruction) on the transfer of workers to another job should be used.

According to Art. 72.2 of the Labor Code of the Russian Federation, the employer has the right to transfer employees to work not stipulated by an employment contract in the same organization with remuneration for the work performed, but not lower than the average earnings for the previous job<1>. But this right to maintain the same earnings applies only to those workers who meet production standards.

Such an employee is paid according to the work performed, but not lower than the average earnings for the previous job. In the second case, substitution takes place, i.e. performing the duties of an absent employee without being released from the main job. The replacement employee is paid appropriate additional payments, the amount of which is established by agreement of the parties (Article 151 of the Labor Code of the Russian Federation). Temporary substitution is formalized by order or directive of the head of the organization.

The peculiarity of a transfer to replace an absent employee is that it cannot exceed one month during a calendar year, while transfers in other cases of production necessity can take place repeatedly during a calendar year as an extraordinary situation arises.

Transfer to another job in case of production necessity, as a rule, should be made taking into account the specialty and qualifications of the employee. However, with the written consent of the employee, such a transfer is also allowed to a job requiring lower qualifications (Part 3 of Article 74 of the Labor Code of the Russian Federation).

If the above grounds for a temporary transfer are absent, then in the event of a reduction in the number or staff of employees, you can only be assigned permanently to another position offered to you, subject to the procedure for staff reduction. To do this, you must be notified at least 2 months in advance. about the upcoming reduction of position or staff due to reorganization, then offer positions that meet your qualification requirements. You have the right to agree to be appointed to a new position, either immediately or after the expiration of the specified notice period; also, if you do not want to work in another position, you can write an application for leave after the given 2 months. (or more) with subsequent dismissal, as a result of such dismissal in any case you will receive severance pay. All the best! For additional questions please contact.

As the most significant type of change employment contract in accordance with Art. 72" of the Labor Code of the Russian Federation means a permanent or temporary change in the labor function of an employee, a structural unit in which the employee worked (if it was specified in the employment contract) while continuing to work for the same employer, as well as a transfer to another location together with the employer. This is not a change. of the employment contract, the transfer of the employee, at his request or with his consent, to another employer for a permanent job, since in accordance with Part 2 of Article 72 of the Labor Code of the Russian Federation the employment contract terminates.

Labor legislation (Article 60 of the Labor Code of the Russian Federation) prohibits the employer from requiring the employee to perform work not stipulated by the employment contract, therefore, as a rule, transfers are allowed only with the consent of the employee, except in cases established by law.

It is necessary to distinguish from transfer to another job moving employee from the same employer to another workplace, to another structural unit in the same area, assignment of work on another mechanism, unit. The transfer does not require the employee's consent. It will take place if the parties, when concluding an employment contract, did not specifically stipulate a workplace (mechanism, unit), or structural unit as conditions of the employment contract.

The legislator distinguishes between temporary and permanent transfers to another job depending on their timing.

At temporary transfer for other work, the parties to the corresponding transaction give rise to two interrelated consequences: the original (main) obligation is suspended for a certain period with the emergence of a new (temporary) obligation. Upon expiration of the appropriate period, the temporary obligation is terminated, and the parties resume the exercise of rights and obligations under the original legal relationship. This type of transfer can be carried out by agreement of the parties, at the initiative of the employer, and in some cases at the initiative of the employee.

by written agreement parties are allowed for a period of up to one year. If the parties agreed on a transfer in order to replace a temporarily absent employee, whose job remains in accordance with the law (for example, in connection with parental leave), the duration of the transfer will be determined upon the fact that the replaced employee returns to work. If, after the expiration of the temporary transfer, the employee continues to work, the transfer is considered permanent. With such a temporary transfer, the right of the absent employee to resume the work previously performed must be respected.

The legislator provides a number of grounds for the temporary transfer of an employee to another job at the initiative of the employer, which are divided into three groups. The first group of grounds includes circumstances related to extraordinary(natural or man-made disasters, accidents, other emergency situations that threaten the life or normal living conditions of the entire population or part of it), in the presence of which the employer has the right to unilaterally transfer the employee without his consent for another job, including without taking into account specialty or qualifications, for a period of up to one month to prevent relevant circumstances or eliminate their consequences.

Another group of bases is associated with production needs of the employer(in cases of downtime, the need to prevent destruction or damage to the employer’s property, replacing a temporarily absent employee). The procedure for carrying out such a temporary transfer depends on the reason that gave rise to the production necessity. So, if it is caused by the previously mentioned extraordinary circumstances (for example, downtime due to flooding production premises due to flood), then temporary transfer is allowed without the employee's consent for up to one month. However, if the temporary work requires lower qualifications, the employer is obliged to obtain the employee’s written consent to such a transfer. If production needs are caused by other reasons, temporary transfer is allowed in general procedure by agreement of the parties.

The third group of grounds includes temporary transfers of an employee to another job in connection with a medical report (Article 73 of the Labor Code of the Russian Federation). If the conclusion of a medical and social examination institution establishes that the employee needs a temporary transfer to another job for a certain period (but not more than four months in a row), and the employee refuses the transfer or the employer does not have a suitable job, then the employee for the entire period , specified in the conclusion, is subject to suspension from work.

Temporary transfer to another job should be distinguished from business trip. Firstly, a business trip is a trip by an employee by order of the employer for a certain period of time to carry out an official assignment outside the place of permanent work (Article 166 of the Labor Code of the Russian Federation). It is mandatory for the employee, and an unreasonable refusal of it may be considered a violation of labor discipline, and a temporary transfer general rule is possible only with the consent of the employee (by agreement of the parties). Secondly, unlike a business trip, a temporary transfer can be carried out in the same area and place of work. Thirdly, a business trip involves the fulfillment of a specific official assignment, and not the assignment of any other duties. In turn, a temporary transfer to another locality or to another place of work (including when the employee’s consent is not required) means that he must regularly perform a labor function during the entire period of transfer at the time established for him work time. Fourthly, in the case of a business trip, the provisions of local regulations of the organization where the official assignment is carried out are not applied to the employee, unless otherwise provided by local regulations or by order of the employer who sent him. In the case of a temporary transfer, local regulations apply to the employee in the general manner.

Permanent translation for another job, as a rule, is carried out by agreement of the parties to the employment contract. Motives for permanent transfer can be: promotion at work at the request of the employee; the employer's need to strengthen the department's staff; assessment of the employee’s professional achievements or, on the contrary, his insufficient qualifications; reduction in the employee’s ability to work; etc. In particular, if an employee, for health reasons, in accordance with the conclusion of a medical and social examination institution, needs to be permanently transferred to another job that is not contraindicated for him for health reasons, then the employer, if he has the appropriate job, is obliged to transfer the employee with his consent.

In the absence of such work or the employee’s refusal to transfer, the employment relationship is terminated.

Temporary transfer to another job at the initiative of the employee is an exception to general rules and is provided by law as a guarantee primarily for pregnant women (Article 254 of the Labor Code of the Russian Federation), if, according to a medical report, continued work in certain production conditions may adversely affect the health of the mother or child. Such a transfer is carried out on the basis of a medical report at the request of a pregnant woman while maintaining the average wages. If the employer does not have a job suitable for a pregnant woman, she is released from work while maintaining the average wage for all working days missed due to this.

Temporary transfer within the organization at the initiative of the employer.

The employee may betemporarily transferred with his consent for another job for a period up to one year. If the transfer is needed to replace a temporarily absent employee, whose place of work is retained in accordance with the law, - then the translation will be before the employee returns to work . (For example, in place of a person on maternity leave or on sick leave or on vacation.)

If the transfer period has expired, and you were not given your previous job, and you did not demand to return and continue to work, then the transfer is considered permanent (Part 1 of Article 72.2 Labor Code RF Agreement of the parties is in writing)

Remember! In accordance with the Labor Code Russian Federation Art. 72.1 and 72.2 without yours written consent from you Dont Have the right to transfer to a lower position than you previously held (except for the cases specified in Part 2 of Article 72.2 of the Labor Code of the Russian Federation). With your consent, you can be transferred to a lower position, firstly, for a period of up to 1 month, and secondly, your payment must be no less than the average earnings for your previous job.

But! Let's look at situations in which the employer has the right transfer the employee to another job not stipulated by the employment contract, without his consent for a period of up to one month (Part 2 of Article 72.2 of the Labor Code of the Russian Federation).

These are the cases:

— natural or man-made disaster;

— industrial accident;

- accident at work;

- fire;

- flood;

- hunger;

- earthquake;

- epidemic or epizootic;

- other exceptional cases that threaten the life or normal living conditions of the entire population or part of it.

Also, Part 3 of Article 72.2 of the Labor Code of the Russian Federation provides for a number of situations in which a temporary transfer of an employee is possible without his consent for a period of up to one month, namely:

— downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature);

— the need to prevent destruction or damage to property;

— replacing a temporarily absent employee

You can refuse the transfer. However! If you unreasonably refuse a transfer in the above situations, then this will be regarded as a disciplinary offense, and absence from work - as absenteeism (clause 19 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation "), If:

— a danger to your life and health arose due to violation of labor protection requirements (except for cases provided for federal laws) until such danger is eliminated;

— transfer is carried out to perform heavy work and work with harmful and (or) dangerous conditions labor, and they are not provided for in the employment contract.

Attention! The duration of a temporary transfer of an employee to another job without his consent cannot exceed one month. But during the calendar year, such transfers can be made by the employer more than once .

The employee is paid depending on the work he performs, but not lower than the average earnings that he received at his previous place of work (Part 4 of Article 72.2 of the Labor Code of the Russian Federation for transfers that were made in the cases specified in Parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation ).

Remember! If you are transferred to a job that requires lower qualifications, for the reasons set out in Part 3 of Article 72.2 of the Labor Code of the Russian Federation, then the employer must obtain written consent from you for such a transfer in any case, for example, if emergency the accountant is charged with the responsibility of removing garbage, then his consent to this transfer necessary.

How in practice should a temporary transfer be processed in the HR department?.

1. Employer orally or through a Transfer Offer offerstransfer to the employee.

2. The worker gives written agreement for translation (statement of consent to translation or phrase in the Proposal: I agree with the translation - date-signature).

3. The employee is introduced to his job description, or other documentation relating to it new position for signature.

4. The employer draws up an Addendum (agreement) to the employment contract on the transfer. The addition (agreement) to the employment contract is drawn up in 2 copies, both signed by both the employee and the head of the organization.

5. One copy remains with the employer, the second is given in person employee. In the first copy (which remains with the employer), the employee writes the phrase: “ I received the addition (agreement) to the employment contract - date-signature").

6. The employer issues an order to transfer an employee in the form T-5 (on the transfer of an employee) or T-5a (on the transfer of employees), approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. on the basis of the concluded Addendum to the employment contract, and its content must strictly comply with the conditions specified therein. The employee gets acquainted with the Order for signature.

The order must contain the number and date of registration of the order, as well as the signature of the manager.

7. If you do not agree with the transfer and refuse to read the order against signature, the employer draws upact of refusal to familiarize yourself with the order.

8. Remember! Information about temporary transfer Not are entered V work book, so I recommend that you take a duly certified copy of the temporary transfer order so that you can confirm in the future that you did the work.

9. At the end of the temporary transfer period, the employer must issue an order about the end of the transfer period and the employee returning to work in his previous position. The employee reads the order for signature, the order must contain the number and date of registration of the order, as well as the signature of the manager.

How to arrange a temporary transfer that does not require consent employee.

1. The manager issues an order for temporary transfer in form No. T-5 or T-5a indicating the reason for the transfer in the line called “reason for transfer”. The order must be supported by relevant documents, for example: testimonies of eyewitnesses and emergency service employees, various documents: written statements from employees about downtime due to the fault of the employer due to equipment malfunction, acts of emergency, order of the head of the organization on measures to eliminate the consequences of the accident, etc.

otherwise you may refuse the transfer. You must read the order for signature. The order must have a number registration, date and signature of the manager.

2. You must be familiarized with the job description and safety regulations for signature.

3. You have the right to refuse a transfer if you believe that labor safety requirements have been violated at the new place of work and this threatens your life or health. In this case, you write a statement in free form, in which you provide arguments that serve as the basis for refusing the transfer.

4. Make a copy of the order with your signature.

This term refers to the movement of an employee to another position, to another department or location. The transfer can be carried out on an ongoing basis or for a certain period of time. It can only be carried out with the consent of the person, except for cases specifically specified in the Labor Code of the Russian Federation.

Temporary transfer to a vacant position

Transfers for a certain period of time are regulated by Article 72.2 of the Labor Code of the Russian Federation. It states that by agreement between the parties labor relations, the employee can be transferred to another job, but only for a period not exceeding 12 months.

The translation procedure is as follows:

Drawing up a written agreement, supplementing the existing employment contract, that the person will be transferred to another position temporarily;
Registration of a transfer order. As a rule, a unified form T-5 is used for this.

In the event that after the end of the transfer period, the employee remains on new job by default, that is, neither party expressed a desire to return him to his previous position, then such a transfer becomes permanent. To do this, you need to prepare the following documents:

Another addition to the employment contract, in the form of an agreement that the temporary transfer is changed to permanent;
An order stating a change in the time of transfer.

Note! If the transfer was made to a vacant position with the wording “until the vacancy is filled,” the 1-year period is still valid. Therefore, in order not to contradict the provisions of Article 72.2, the employee must be transferred to his previous position after a year, and then formalize another transfer.

If a temporary worker is transferred to another temporary job, the registration procedure will not change. The only thing that the HR department must take into account is that the duration of the transfer should not exceed the termination period of the main contract, otherwise the employee may become permanent, that is, his contract is recognized as unlimited.

Temporary transfer of an employee to replace an absent employee

The case when a temporary transfer is carried out to a staff unit that already has an employee, but is temporarily absent, is stipulated separately in the legislation. In this case, the transfer period is limited not to 1 year, but to the time of absence of the main employee. Accordingly, it may exceed the specified 12 months. For example, you can make a temporary transfer for three years if the employee went on maternity leave.

The registration procedure will be the same as in the previous case.

Note! In the case of transfer to the place of an absent employee, it is better not to put a specific date as the end date, but to indicate the event that will mark the end of the transfer period. For example: “The transfer is carried out from October 1, 2017 until the end of the period of incapacity for work and the return to work of manager A.V. Yesenina.”

Temporary transfer to another job without the employee’s consent

The Labor Code of the Russian Federation provides a list of factors and conditions under which an employee can be transferred without his consent:

in the event of natural and man-made disasters, as well as other factors that pose a risk to the life and health of surrounding people;
in case of downtime, as well as to eliminate the risk of damage and loss of property, if these circumstances were caused by the factors given above.

Such a transfer can be carried out for a period not exceeding 1 month.

Is a temporary transfer included in the work book?

In accordance with Article 66 of the Labor Code, a temporary transfer is not included in the list of information that must be reflected in the work book.

This means that when transferring for a certain period of time, no entry is made in the work book.

But if, after the expiration of the transfer period, not one of the parties expressed a desire for the employee to return to his previous place of work, then the transfer from temporary turns into permanent, and, therefore, it must be reflected in the work book.

In this case, the actual date is indicated when the employee began performing new duties. That is, the recording will actually be made later than the specified date. But at the same time, one more point needs to be taken into account - the details of which order should be entered into the labor report? The legislation does not regulate this issue in any way. But in practice, it is recommended to enter two orders in column 4:

order for temporary transfer (the date indicated in the document will coincide with the date of transfer);
an order recognizing the transfer as permanent (this order will contain the date when the transfer becomes permanent).

If an entry has already been made in the work record about a temporary transfer that has not become permanent, then it is corrected in the same way as all incorrect entries in the work record book.

Conclusion

Temporary transfer involves transferring an employee to perform another job for a certain period. After completion of this period, he returns to his previous job, or the transfer becomes permanent. The transfer time should not exceed 1 year, except in cases where the transfer is made to a temporarily vacant position.

This follows from Article 72.1 of the Labor Code of the Russian Federation.

Among temporary transfers, we can highlight transfers that are carried out:

In addition, it has its own characteristics (Article 348.4 of the Labor Code of the Russian Federation).

Translation by agreement of the parties

The maximum duration of transfer of an employee to another job by agreement of the parties is one year. If an employee replaces a temporarily absent employee, the transfer may last longer - until another employee starts working again.

Upon expiration of the temporary transfer period, the employee must be given his previous job. If at the end of the transfer period the employee does not return to his previous job, then the temporary transfer, by written agreement of the parties, becomes permanent.

This is stated in Part 1 of Article 72.2 of the Labor Code of the Russian Federation.

Example of registration of temporary transfer of an employee to another job

A.V. Lampochkin works as an electrician for the organization. In February 2016, an accident occurred - the warehouse building collapsed.

During the period of liquidation of the consequences of the accident, Lampochkin was transferred to replace a temporarily absent employee for a less qualified job (appointed as a watchman). Duration of temporary transfer - 20 calendar days(from February 11 to March 1 inclusive). The employee agrees with the transfer. The corresponding entry was made on notice of transfer. The head was issued transfer order .

Lampochkin’s days of work as a watchman were paid based on his average earnings from his previous job - 552.60 rubles/day. During the temporary transfer, the employee worked 10 working days. Therefore, Lampochkin was accrued:

RUB 552.60/day × 10 days = 5526 rub.

Transfer without employee consent

The list of cases when an employee can be transferred to work without his consent is limited by law. Such a translation is acceptable if it is necessary to prevent or eliminate the consequences:

natural or man-made disasters;

industrial accident;

industrial accident;

fire, flood, earthquake;

famine, epidemic, epizootic;

other exceptional cases threatening the life or normal living conditions of the entire population or part of it.

Also, temporary transfer of an employee without his consent is permitted in the following cases:

just me;

the need to prevent destruction or damage to property;

the need to replace a temporarily absent employee.

In this case, two additional conditions must be met:

these cases must be caused by emergency circumstances (catastrophe, accident, fire, flood, etc.);

the job to which the employee is transferred must correspond to the employee’s qualifications or be more qualified.

This procedure is established in parts 2 and 3 of Article 72.2 of the Labor Code of the Russian Federation.

If the last condition is not met, that is, the employee is transferred to a less qualified job, it is necessary to obtain his written consent. To do this, make up notification and introduce it to the employee against his signature. The employee can express his consent (disagreement) to the transfer with an appropriate entry on the notice or in the form separate statement . This is stated in parts 3 and 4 of Article 72.2 of the Labor Code of the Russian Federation.

In the event of a dispute about the legality of a transfer without the employee’s consent, the employer needs to prepare documents that will confirm the existence of circumstances allowing such a transfer to be carried out (clause 17 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2). As supporting documents, for example, certificates of emergency services employees, emergency incident reports, orders from the head of the organization on measures to eliminate the consequences of the accident, etc. can be used.

Situation: Can an employee refuse a temporary transfer to another job if there are circumstances that allow the employer to carry out such a transfer without the employee’s consent?

No, he can not.

Refusal is permissible only in cases where labor safety rules are violated at the new place or the employee will have to perform hard (harmful, dangerous) work not provided for in the contract.

In the presence of , allowing the employer to temporarily transfer an employee to another job without his consent, the employee must agree to such a transfer (Article 72.2 of the Labor Code of the Russian Federation). Unreasonable refusal to perform new duties can be regarded as a violation labor discipline, and absenteeism is like absenteeism.

At the same time, an employee has the right to refuse a temporary transfer if:

labor safety rules were violated at the new place of work - until the violations are eliminated;

the employee is required to perform heavy, harmful and hazardous work not provided for in the employment contract.

In these situations, the employee’s refusal to transfer is considered justified. Therefore, the employer cannot bring an employee to disciplinary liability for refusing to work on a temporary transfer, even if there are circumstances that allow such a transfer to be carried out without the employee’s consent. This follows from the totality of the provisions of Articles 219 and 220 of the Labor Code of the Russian Federation. The legality of this approach is confirmed by paragraph 19 of the resolution of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

The duration of the transfer, which is carried out without the employee’s consent, cannot exceed one month. Moreover, the number of such transfers and their frequency are not limited by law. This follows from Part 2 of Article 72.2 of the Labor Code of the Russian Federation.

The employee’s work during the period of temporary transfer must be paid upon actual payment, but not lower than the average earnings for the previous job. This is stated in Part 4 of Article 72.2 of the Labor Code of the Russian Federation.

Documenting

Complete the procedure for registering any temporary transfer (by agreement of the parties, without consent or with the consent of the employee) by issuing an order in a unified formNo. T-5 (No. T-5a)or a self-developed form.

Do not make an entry about the temporary transfer in the work book, but it can be made in the employee’s personal card (clause 4 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225).

After the end of the transfer period, it is advisable to issue an order to provide the employee with former place work, since 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, the condition of the agreement on the temporary nature of the transfer loses force, and the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation). Such an order does not have a unified form, so draw it up in free form .

If the condition of the agreement on the temporary nature of the transfer has lost force and the transfer is considered permanent, then to document this situation it is recommended to draw up a new one additional agreement between the employee and the employer about changing the nature of the transfer and issue an appropriate order.

Situation: Is it possible to temporarily transfer an employee to another organization?

No, it is not possible, except in cases of temporary transfer of athletes.

As a general rule, a temporary transfer of an employee to another job is possible only within the same organization with which he entered into an employment contract. This is one of the main conditions for temporary transfer provided for in Article 72.2 of the Labor Code of the Russian Federation. This condition applies regardless of what is the basis for the transfer (agreement of the parties, the occurrence of emergency circumstances, production necessity, etc.).

It is allowed to temporarily transfer an employee to a branch or representative office. This is explained by the fact that both branches and representative offices belong to the structural divisions of the organization (clauses 1, 2 of Article 55 of the Civil Code of the Russian Federation).

If organizations are part of a holding company, then temporary transfer of employees between them is also impossible. Such organizations are independent legal entities.

At the same time, a special procedure for temporary transfer applies to professional athletes. Such employees, subject to a number of conditions, may be temporarily transferred from one employer to another. This is stated in Article 348.4 of the Labor Code of the Russian Federation.

Professional athletes

A temporary transfer of a professional athlete to another employer is possible if the following conditions are simultaneously met:

the transfer is due to the inability to provide the athlete with participation in sports competitions;

the transfer is carried out by agreement of the parties and with the written consent of the athlete;

the transfer period does not exceed one year.

During the transfer with the athlete a fixed-term employment contract is concluded . In this case, the validity of the employment contract at the original place of work is considered suspended until the expiration of the fixed-term employment contract (i.e., the exercise of rights and obligations under the originally concluded contract is suspended). The original employment contract is renewed upon expiration of the temporary transfer period. During the period of temporary transfer, the validity period of the originally concluded employment contract is not interrupted.

The employer at the place of temporary work cannot transfer the athlete to another employer. If a fixed-term employment contract concluded for the period of temporary transfer of an athlete is terminated early, the initially concluded contract is valid in full from the next working day after the termination of the fixed-term employment contract.

If, after the expiration of the fixed-term employment contract, the athlete continues to work at the place of temporary transfer, the original contract is terminated. This rule applies only in the absence of demands for termination of a fixed-term employment contract on the part of the athlete, the employer at the place of temporary work and the previous employer. In this case, the validity of the employment contract concluded for the period of temporary transfer is extended for a period determined by agreement of the parties (in the absence of such an agreement - for an indefinite period).

This procedure for the temporary transfer of a professional athlete is established in Article 348.4 of the Labor Code of the Russian Federation.