Internal Transfer Statement Sample. Application for transfer to another position. Is it necessary to draw up an additional agreement

In order to move an employee within the organization to another position, he needs to write a request for transfer to another position (). This procedure is carried out only with the consent of the employee, as evidenced by his written statement. The application for transfer to another position should be considered by the head of the company and give a reasoned answer on it.

Transfer of an employee to another position conducted on the basis of the feasibility of such a step. To make a decision, the head takes into account such nuances:

Is there a condition in the employment contract on the basis of which it is possible to carry out transfer of an employee to another position. Sometimes the contract provides for the completion of a certain period of time for a certain position, then it is impossible to transfer an employee.
Are there suitable working conditions for the employee (organizational and technological).
Does the employee have suitable qualifications.
Does the employee's health comply with the new working conditions.
What the direct manager of the employee thinks about such a transfer.
How does the new leader in the future division perceive the transfer of the employee.

Separate conditions must be documented. For instance, transfer employee It is possible only on condition of a vacant position in another unit. An appropriate document must be available about this. It should bear the signature of the representative of the personnel department - the chief.

To confirm the level of qualification of the employee, the results of his last certification are taken. If an employee requires specific skills and knowledge in a new position, the application for transferring to another position will need to be supported by certificates that confirm the employee has such skills.

A medical certificate is required to confirm your health status. It must be issued at a medical institution. It must necessarily contain a note that the employee can perform duties at the new workplace, as his health allows him.

The former boss may express his opinion or permission to transfer an employee documented in the form of a visa on the employee's application for transfer. He can also provide an employee profile or memo.

The new chief can also express his opinion in the form of a visa on the application. If the opinion is positive, a corresponding order is issued for the unit to enroll a new employee.

Itself application for transfer to another position (download the sample below) It is written in any form.

How to write an application for transfer to another job within the organization?

I have been working in the organization for several years, but not in my specialty. The employer suggested that I transfer to another job within the organization. New work will correspond to the specialty received earlier and is better paid. The personnel department was asked to write a letter of transfer to another job. How to draw up such a statement?

A transfer to another position or work within the organization is a change in the employee's labor function as provided for in the employment contract. can be both temporary and permanent. In any of these cases, the terms of the employment contract change, therefore, the written consent of the employee himself to transfer is required.

For reference
temporary transfer for up to one month is allowed without the consent of the employee, but only in cases directly established by labor legislation. The list of such cases is listed in the second and third parts of Article 72.2 of the Labor Code of the Russian Federation.

My personal opinion is that the written consent of the employee does not have to be expressed through a personal application for transfer to another job. For the transfer, an additional agreement to the employment contract is sufficient. With his signature, the employee, as one of the parties to the employment contract, expresses his consent.

We are writing an application for transfer to another job

The initiator of the transfer to another job may be both the employer and the employee himself. Therefore, the application for transfer to another job will be slightly different.

In the event that the employer is the initiator of the transfer, the application must agree to his offer of transfer.

If the initiator of the transfer is an employee, then the application must ask the employer to transfer to another job.

In any case, the application for transfer to another job should contain the following elements:

name of company;
position and installation data of the head of the organization;
position and installation data of the employee;
position to which the employee is transferred;
date of transfer;
nature of the transfer (temporary or permanent);
reason for transfer (if necessary);
date and signature of the employee.

Summarizing
An application for transfer to another job is submitted to the name in simple written form. Both the employee and the employer may refuse the transfer. However, labor legislation provides for cases when an employee cannot refuse to transfer. On the other hand, there are categories of workers whom the employer cannot refuse to transfer to another job.

In the practice of labor relations, the transfer of an employee to another position within the organization may occur for various reasons: illness of the employee that impedes his work in his current position; downsizing of the company; poor certification; production need, etc. The transfer can occur either at the request of the employee or at the initiative of the company management. It can be permanent or temporary.

Permanent transfer to another position

If the initiator of such a transfer is an employee, then he submits an application for transfer.

So, an employee can declare a transfer when the performance of work in his position has become dangerous to his life or health (Article 220 of the Labor Code of the Russian Federation). At the same time, the company's management is obliged to provide him with another job. If it is impossible to provide such work, then the employee may refuse to perform the work, and the company must pay him downtime.

An employee may also declare a transfer if the company has a vacant position that he would like to take. However, in this case, the transfer to another position is not mandatory for the company and the employee may be refused.

Application for transfer to another position (sample)

When the company initiates the transfer, the employee is presented with a notice proposing a vacant position or positions. Such notice may be given, for example, in the case of:

organizational and staffing activities;
unsatisfactory certification results, when the employee was recognized as not corresponding to the position held by him;
when they reinstate an illegally dismissed employee of a company;
when the employee was brought to administrative responsibility in the form of disqualification;
expiration, suspension, deprivation of a special right of an employee (driver’s license, license for a weapon, etc.) when a special right is required to perform work;
the end of admission to state secret (when this admission is required to perform work).

In these cases, the employee should be offered the vacant positions available in the company. In accordance with the Labor Code, either equivalent positions (in terms of payment and qualifications) or lower and lower paid positions should be offered. The employer is not obliged to offer higher posts, but may do so at his own discretion.

Moreover, the company is obliged to offer vacancies available in the area. As for vacancies at the location of the separate divisions of the company in other areas, the company is not obliged to offer them, unless otherwise specified in the labor or collective agreement. A different locality, as the Supreme Court of Russia explained in Decree of the Plenum of March 17, 2004 No. 2, means a locality located outside the administrative boundaries of the locality at the place of work.

Notice of transfer to another position (sample)

Temporary transfer of an employee to another position

The Labor Code allows such transfers, but establishes the mandatory requirements that must be met when they are implemented. What are the basic rules for temporary transfers:

such a transfer is allowed for a period not exceeding one year or until the departure of the main employee;
such a transfer is carried out on the basis of a written agreement between the employee and the employer (with some exceptions, which we will discuss below);
in case of temporary transfer, an entry in the work book on the transfer to another position is not made.

Thus, a temporary transfer is possible only with the consent of the employee. At the same time, the parties enter into an additional agreement on the performance by an employee of a temporary position.

An exception to this rule are cases of instructions to the employee to perform work for a period of not more than a month, provided for by Art. 72.2 of the Labor Code of the Russian Federation. Such cases include extraordinary circumstances (disasters, accidents, fires, earthquakes, etc.), when there is a threat to life and living conditions of the population. The consent of the employee in such cases is not required, including when entrusting him with works of lower qualification.

Without the consent of the employee for a period of up to a month, they can also be transferred in case of downtime, the need to ensure the safety of property, replacement of a temporarily absent employee, when this happens due to the above emergency circumstances. But at the same time, for his transfer to perform work of lower qualification, his consent is required.

In all these cases of transfers related to emergency circumstances, the employee must be paid a salary in the amount of salary in a temporary position, but not lower than the average salary in previous work.

Transfer to another position is an urgent issue for those who, for whatever reason, are going to change the type of activity within the framework of one company. They make it out differently depending on the type of translation.

The procedure for transferring to another position

A transfer is considered a change in the functions performed by an employee. Sometimes it is associated with the reprofiling of a whole department, and sometimes it is only a temporary measure. The transferred subordinate is still reports to the same employer.

There are temporary and permanent types of transfers.

The following cases are not considered as transfers:

change of a workplace (office, transition to remote work) at the same head with preservation of former functions;
change of the working tool, machine, mechanism, machine, if it does not require a change in the employment contract.

The indicated cases do not need preliminary familiarization of the employee with a signature, therefore the authorities have the right to put it before the fact.

Each real transfer with a change of duties has a number of conditions that are binding on both parties, and therefore must be agreed with the employee.

Constant

Permanent transfer can be called:

The initiator of the translation can be both the boss and his subordinate. But its implementation is possible only by achieving full understanding between the parties.

Permanent translation without the written consent of the employee is not possible!

Consent can be expressed in free form either in a separate statement of the employee, or directly on the proposal document of the head.

To transfer a subordinate, the employer must perform several mandatory actions.

As working conditions change, the employment contract must also be amended. It is not necessary to rewrite it completely; it will be enough to conclude an additional agreement between the parties. The new document should indicate the full name of the new position, the changed working conditions, requirements and obligations, as well as the size of the payment. The employer makes sure that the agreement is in the form of two originals. One remains with the authorities, the second - with the employee. The subordinate is obliged to confirm receipt of his document by signing on a copy of the chief.
Issue an order in form N T-5.
Within a week after the issuance of the order, write down his details in column 4 of the work book. Indicate the fact of translation there.
Enter the data in a personal card, section 3. Take from the subordinate a list stating that he is familiar with this information.

Sometimes a transfer requires the signing of an employment contract with a certain validity period. To avoid possible problems due to the fact that the new contract has limited effect, the best option is to terminate the existing one and sign a new one with the employee.

Temporary

With this type of job change, a person changes job functions for a certain period of time. Such transfers include:

change of one work to another. The consent of both parties is required. If a person works or plans to work in another position for more than a year, the transfer loses the right to be called temporary;
a transfer in order to replace an employee who is temporarily unable to fulfill his duties (for example, is on maternity leave). The specific term in this case may not be prescribed; instead, the wording “until employee N comes to work” is used instead;
translation according to medical or other indicators, recorded by relevant conclusions. This type of translation may subsequently become permanent.

The registration procedure is almost no different from constant transfers. Required:

order Form N T-5;
two certified copies of the supplement to the contract concluded between the boss and subordinate at the beginning of the work of the latter;
mark in the third section of the employee card.

However no need to record changes in labor.

It is possible that the approved period has come to an end, but a person does not want to return to a previous position. If the subordinate is satisfied, but there is no objective reason to return him (for example, the replaced employee decided to quit), the agreement on temporary transfer becomes permanent. To avoid legal misunderstandings, it is better to record such changes in the supplementary agreement to the employment contract. On its basis, the boss issues an order in a free form containing a statement of the fact that the temporary transfer is now considered permanent. Also need to make an entry in the labor.

Often at a new workplace, lower qualifications are required, which require appropriate payment.

Within a month from the date of transfer, the salary of the subordinate from his previous position should be preserved.

If such a translation associated with temporary disabilitydue to work-related injury or other working conditions, the previous salary is maintained until the recovery of the subordinate, or until the loss of ability to work becomes permanent.

If a new job is paid lower, the employer must notify the employee under signature.

The boss must temporarily transfer the subordinate to another job if:

Sometimes a worker there is no way to interrupt a newborn care leave or work off part-time shifts. The employer has no right to force her to interrupt the vacation. The required documents can be issued by sending to the employee of the courier. Lawyers also strongly recommend that you familiarize a woman with new instructions for her position so that additional or changed work responsibilities do not come as a surprise to her. This should be done before the agreement between the parties is signed.

The employment contract is terminatedif the employee refuses the temporary transfer for four months or longer. If the subordinate needs a transfer for a shorter period of time, he has the right to refuse the position offered by the employer, but the boss cannot dismiss him. In such cases, the employer retains the position of the person, removes him from work for the required period and does not pay him a salary.

Should an employee write a statement?

If a subordinate has expressed a desire to transfer to another employer, his current manager is required to express his consent in writing.

Regardless of the nature of the transfer - external, internal, time limited or not, employee’s written consent or request. The application is made in any form.

The document must be endorsed by the following superior persons:

the head of the department, where the employee leaves;
the head of the department to which the employee is appointed;
head of the personnel department or general director of the organization.

The storage period for such a statement is 75 years.

For your attention, a detailed and clear instruction on how to correctly and competently arrange the transfer of an employee to another position.

A transfer to another position is a permanent or temporary change in the labor function of an employee or a change in the structural unit in which he works. Change of place of work or position may occur at the initiative of the employee or employer.

According to article 72.1 of the Labor Code of the Russian Federation, transfer to another job at the request of the employee is carried out at his written request. The application for transfer is executed in any form and signed by the employee. Please note: for some categories of employees, the employer does not have the right to refuse to transfer to another job. We are talking about pregnant women, mothers with children up to one and a half years old, disabled people and employees who were injured as a result of work.

How to draw up an application for transfer to another position: sample

A transfer application usually contains the following information:

name of company;
Name and position of manager;
Name and position of employee;
a description of the vacant place claimed by the employee;
reason for transfer;
date and signature.

The following documents may be attached to the sample application for transfer to another job: certificate of education, medical record, description, attestation sheet. The document must bear the visas of the following officials:

the head of the structural unit, where the employee leaves;
the head of the structural unit where the employee moves;
head of Human Resources Department or Head of Organization.

An application for transfer to another position (job) is recorded in the application registration journal and is stored in the organization for 75 years.

With this template are often used:

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