Temporary transfer to another position registration. Temporary transfer. How to arrange a temporary transfer of an employee to replace an absent employee

Please tell me how to properly arrange a temporary transfer to a vacant position before the replacement of this position by the main employee. A vacant position of the head of the department was formed in the organization. Management made a decision to temporarily transfer the employee to this vacant position pending the final decision on filling the vacant position. How to correctly formulate the term of temporary transfer "for the period of absence of the main employee" or for the period until the filling of a vacant position "?

Answer

Answer to the question:

By written agreement of the parties, the employee can be temporarily transferred to any other job. The maximum duration of such a transfer is one year, and in cases where an employee replaces another, temporarily absent employee, the transfer may take even longer - until the other employee starts working again.

Temporary transfer can be applied, in particular, to fill a vacant position.

At the same time, the transfer to a vacant position must be executed precisely for the calendar period from "_____" ___________ to "______" ____________________, but not more than a year.

The wording “before appointment to the position of an employee” or “before filling a vacant position” is not correct and contradicts Art. 72.2 of the Labor Code of the Russian Federation. For the period of absence, you can conclude an additional. a transfer agreement only when the position is not vacant, the main employee is temporarily absent (sick, on vacation, etc.). In this case, you can conclude an additional agreement specifying the term as follows: "From _____________________ for the period of absence of the main employee, for whom, in accordance with the law, the place of work is retained."

In your case, the position is vacant, the main employee was not accepted for this position, therefore the wording "for the period of absence of the main employee" is also not applicable.

Thus, if a temporary transfer is made to fill a vacant position before a permanent employee is admitted to this position, the period of such transfer must be specified exactly in the calendar period from "_____" ___________ to "______" ____________________, but not more than a year.

To determine the period of temporary transfer, it is necessary to take into account the specifics of the personnel selection of your organization (for example, placing a vacancy, holding a competition, choosing an applicant, etc.). If, after the expiration of the term for temporary transfer specified by the additional agreement, the position remains vacant, then you can conclude a new additional agreement with the employee on temporary transfer for a new period.

If a candidate for the specified vacant position is selected before the expiration of the temporary transfer, then you can prematurely, by agreement with the employee, terminate the temporary transfer by concluding an additional one with the employee. agreement.

Details in the materials of the System Personnel:

1. Answer: How to temporarily transfer an employee to another job by agreement of the parties


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The employer's procedure for the temporary transfer of an employee directly depends on who was the initiator. We will tell you how to arrange such a transfer in two cases - by agreement of the parties and without the consent of the employee. Learn how to end staffing changes.

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How to arrange a temporary transfer of an employee to replace an absent employee

If the employer does not have extraordinary circumstances, he can briefly transfer the employee to another job only with his written consent (Article 72.2 of the Labor Code of the Russian Federation). To do this, you need to conclude an additional agreement to the current TD (employment contract). This is important, because when moving to another position for a short time, the employee changes:

  • official position;
  • the size of the salary.

When making a short-lived employee transfer to replace an absent employee, it is impossible to predict the exact end date of the event. Therefore, a condition is introduced into the supplementary agreement, which serves as the basis for the termination of the temporary personnel reshuffle. In this case, such a basis will be the exit to work of the main employee.

Additional agreement is drawn up taking into account the general rules:

  1. The document is made up in two copies
  2. The modified paragraphs of the TD are added to it, indicating that the remaining conditions of the TD remain unchanged.
  3. The agreement is signed by the employee and the employer. A service in the Personnel System will help you to arrange a temporary transfer in various cases. Get started with temporary transfer master right now.

Temporary transfer to another job by agreement of the parties is formalized not only by drawing up an additional agreement, but also by order. It claims the fact of temporary personnel changes within the organization. In addition to the order, which can be issued according to the unified form No. T-5 or No. T-5A, as well as on the forms developed by the company independently, you will need to make an entry in section III of the employee's personal card.

Additional agreement. Temporary transfer of an employee to another position

Information about the transfer is reflected in the work book only if it is carried out constantly. There is no need to make a temporary entry. If in the future the employee needs to confirm the fact of inconsistent work, he can request in writing from the employer a certificate or a copy of the order for temporary transfer.

how to temporarily transfer an employee to another job by agreement of the parties... From the article you will learn about the procedure for carrying out the procedure and about the features of documenting.

Temporary transfer to another position: division of responsibilities among several employees

The labor legislation of the Russian Federation does not oblige employers to resolve issues of replacing absent employees in the only standard way. If the scope of the absent employee's job responsibilities is extensive, and the staffing situation allows you to distribute his functions to several employees, this is permissible. In this case, we are not talking about a translation. The movement of an employee or several employees is also not performed. Each will perform their job duties plus additional work that was previously performed by a temporarily absent specialist.

This is formalized through an additional agreement to the employment contract for the temporary replacement of an absent employee. When expanding responsibilities, they draw up:

  • an additional agreement, prescribing in it the volume of new obligations, the amount of additional payment;
  • an order that gives employees additional powers.

It is not necessary to enter information about the additional amount of work in the personal cards and work books of employees.

When it is possible to temporarily transfer to another job without the consent of the employee

You can transfer an employee to another job for a short time without his consent, only if it is necessary to prevent or eliminate the consequences:

  • man-made, natural disasters;
  • accidents;
  • earthquakes, floods, fires;
  • epidemics, epizootics, hunger;
  • other cases that endanger the normal living conditions or the life of a large part of the population.

Additionally, two conditions must be observed:

  1. All these cases should be caused only by extraordinary circumstances: catastrophes, accidents, fire, floods and so on.
  2. The job to which the employee is transferred must correspond to his skill level or be more qualified.

If the last condition is not met, it is necessary to obtain written consent, which is expressed in a note on the notice provided by the employer, or in the form of a separate application.

Types of transfers to another job of the Labor Code of the Russian Federation

Such transfers are differentiated into temporary and permanent. Temporary ones are made by agreement of the parties or without the consent of the employee.

The duration of the performance of official duties with a short transfer to another job of the Labor Code of the Russian Federation is limited to one month if the transfer is made without the consent of the employee.

It is also possible to transfer while the main employee also temporarily performs other duties.

★ An expert from Systems Personnel will tell you how to arrange a temporary transfer of an employee to another job... From the article you will learn about the procedure for carrying out the procedure, about the transfer to another position by agreement of the parties and without the consent of the employee, the specifics of the order and documents on the basis of which the transfer is terminated.

How to justify the temporary transfer of an employee to another position b

If a dispute arises about the legality of the transfer of an employee without his consent, the employer must prepare documents with which it is possible to confirm the existence of extraordinary circumstances, the reason for which was such a transfer (clause 17 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2).

The following documents are used as such documents:

  • acts of emergency services specialists;
  • acts of emergency;
  • order of the head of the organization on the measures taken to eliminate the consequences of the accident, and so on.

How to stop the temporary transfer of an employee to another job: registration procedure

After the end of the transfer period, the employer issues an order on the basis of which the employee is provided with the previous place of work. The order is drawn up in any form, since the unified form of such a document has not been approved. If, at the end of the transfer period, the employee was not provided with the previous job, but he does not insist on this, continues to work, the condition of the drawn up agreement becomes invalid, the temporary position becomes permanent (part 1 of article 72.2 of the Labor Code of the Russian Federation).

This situation needs to be documented by concluding a new supplementary agreement. After that, the employer issues an order, the personnel officer makes an entry in the personal card and in the employee's work book.

Order on recognition of a temporary transfer as permanent

What is the difference between the movement of an employee according to the Labor Code of the Russian Federation

Moving an employee to another workplace is not considered a transfer if the conditions of the TD do not change and the labor function remains the same. The exceptions are situations when a workplace is indicated in the TD, when it changes, the TD conditions change, and an additional agreement is drawn up. So, for example, permanent translation is possible only with the written consent of the employee. The movement is carried out without obtaining such consent.

Transferring an employee to another job for a short time is possible only with his written consent, if there is no emergency. An additional agreement is concluded to the current employment contract. The reason - when moving to another position, the employee temporarily changes: position, salary.

In the event of emergencies, the employer has the right to transfer the employee without his consent for some time.



The question was answered
Yu.N. Strogovich,
chief consultant
Office of Constitutional Foundations
labor legislation and social protection
Secretariat of the Constitutional Court of the Russian Federation

I ask you to advise on the correctness of our actions in the following situations.
There are cases when the management decides to temporarily replace (transfer) a vacant position (as a rule, these are the positions of heads of structural divisions, which may be vacant for a long time) by an employee, while retaining the employee's previous place of work. In this case, the term of replacement is until a new employee is accepted for this position (an employee for whom this work will be permanent).
In this case, the HR department:
1) receives an application (consent) of an employee for a temporary transfer to a vacant position while maintaining the previous place of work;
2) draw up an order. The line (type of transfer) indicates: "under a fixed-term employment contract, until a new employee is accepted for this position, while maintaining the previous place of work";
3) draws up an amendment to the employment contract. With the wording: “This agreement to the employment contract is concluded for a specified period, until a new employee is accepted for this position. This change shall enter into force on ________, the employee starts working on ________ ";
4) makes an entry in the work book.
Then, after a candidate has been selected for admission (under a perpetual employment contract) to the position to which the employee was temporarily transferred, this employee is transferred to the previous position. In this case, the employee writes an application, an order is drawn up for him and an amendment to the employment contract.
The reason that prompted us to ask you for help is as follows. After a candidate was selected for admission (under an indefinite employment contract) to the position to which the employee was temporarily transferred, this employee refused to write an application for transfer to the previous position and sign an amendment to the employment contract.

Subscriber "KP"
S. B. Lbs,
balakovo, Saratov region

Expert "KP"
Yu.N. Strogovich

The answer to this question should be sought primarily in the Labor Code of the Russian Federation, which determines the procedure for temporary transfer to another job.
As follows from article 74 of the Labor Code of the Russian Federation, in case of production necessity, the employer, on his own initiative, has the right to transfer an employee for a period of up to 1 month to a job not stipulated by an employment contract in the same organization with wages for the work performed, but not lower than the average earnings for the previous job ... Such translation is allowed to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, accident or natural disaster; to prevent accidents, downtime (temporary suspension of work for reasons of economic, technological, technical or organizational nature), destruction or damage to property, as well as to replace an absent worker... At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons.
According to clause 17 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", a temporary transfer of an employee without his consent to a job not stipulated by an employment contract to replace an absent employee can be recognized as justified, provided that it was caused by extraordinary circumstances, namely the declaration of a state of emergency or martial law, disaster or threat of disaster (fires, floods, hunger, earthquakes, severe epidemics or epizootics), as well as in other cases that endanger the life or normal living conditions of the entire population or its part, or when failure to take the specified measure could lead to a catastrophe, industrial accident, natural disaster, accident and other adverse consequences.
Consequently, for any other reasons for the transfer, as well as regardless of its reason, provided that the employee will be required to perform work of lower qualifications, obtaining a prior written consent from him for the transfer is mandatory. At the same time, work should not be contraindicated for an employee for health reasons.
It should also be borne in mind that an employee temporarily transferred to another job retains his position for the entire period of temporary performance of another job (that is, we are talking about a fairly short period of time).
A temporary transfer is drawn up by an order (order) of the employer, in which the employee makes a record of his consent to the transfer. In this case, no changes to the employment contract are required. In addition, no entry is made about such a temporary transfer in the employee's work book, since, in accordance with article 66 of the Labor Code of the Russian Federation, information about the employee, the work he performs, is entered in the work book, transfers to another permanent job and about the dismissal of an employee.
At the same time, as follows from the content of the question, we are talking about the temporary transfer of an employee to vacantposition and in this regard the following should be noted.
The initiative for such a transfer usually comes from the employer and is driven by business needs.
If we are talking about a production need caused by any of the above-mentioned extraordinary reasons, then such a transfer is legal and regulated by Article 74 of the Labor Code of the Russian Federation.
At the same time, often the employer, for some reason, for a long period of time, cannot find a suitable candidate for a vacant position and temporarily “closes the loophole” in the manner described in the question. This option is definitely not the best one. It seems inappropriate to assess its legitimacy and the degree of the employer's "vulnerability", since in the event of a conflict with a temporarily transferred employee and transferring his resolution to court, the employer will have to at least prove the validity of such a transfer; however, it is very difficult to predict the court's decision.
Therefore, in order to avoid possible adverse consequences for the employer, the following option seems to be more rational: to offer the employee to temporarily impose duties on him for a new position in the order of combining professions (positions), to draw up an additional agreement to the employment contract and, on the basis of this, issue a corresponding order ( order). The limitation of the specified additional agreement to a certain period of time will allow the employer, during this period, to see how the employee copes with the new job duties (taking into account the prospect of transferring the employee to this position on a permanent basis), and, if necessary, to stop the said combination.
The wording that should be contained in the supplementary agreement may be, for example, as follows: “In connection with the production need, the employee is assigned additional duties for the vacant position temporarily from June 1, 2005 until the need is cleared (in particular, in connection with the replacement in the prescribed manner positions on a permanent basis; reduction of the specified position; other circumstances) ". Or if the employer deems it necessary to limit the performance of duties to a specific date or period - this: “Due to production needs, the employee is assigned additional responsibilities for a vacant position temporarily from July 01, 2005 to July 30, 2005 or until the position is filled in the prescribed manner on a permanent basis ".

See also on this topic.


Labor legislation in the Russian Federation is structured in such a way that it provides opportunities for the mobility of citizens in the performance of their labor duties. One of these options for labor mobility should be considered a temporary transfer of an employee to another position, that is, providing him with temporary work. In what cases is such a transfer possible and how should it be implemented?


The Labor Code under temporary work or temporary employment means such labor relations that are established between the employee and the employer for a certain period. Moreover, such a period must be necessarily fixed in the concluded or agreement of the parties (if we are talking about a temporary transfer to another position).

  • for the period of seasonal work (for example, harvesting or carrying out the protection of sown areas occupied by agricultural crops until the end of the use of such areas within one season);
  • for the period of work to restore the destroyed infrastructure due to natural or man-made emergencies;
  • work performed by an employee as a result of a temporary transfer to another position due to the lack of direct employment for the employee in the main job (for example, due to the lack of raw materials for the production of any products and the interruption of the production process);
  • for the period of filling the position of an employee who is temporarily absent from work (due to being on vacation or administrative leave taken for more than one month).

In the event that temporary work occurs due to the occurrence of one of the above grounds, such a transfer must be formalized accordingly.

In what cases is it necessary to transfer to temporary work?

Transfer to temporary work is carried out in cases where a corresponding production need arises, which is dictated by the situation within the organization or emerging emergency circumstances that require the immediate implementation of a certain set of measures aimed at eliminating the threat to the life and health of the population.

Internal organizational circumstances may have a different reason for their occurrence - the absence of a certain type of work for employees holding a specific position, the temporary release of one of the positions by an employee who is leaving for one of the types, with the exception of the annual paid, provided for by labor legislation as a regular rest of employees.

Types of transfers to temporary work and the procedure for their implementation in accordance with labor legislation

The Labor Code of the Russian Federation states that the employer has the right to transfer an employee to any position in the form of a temporary transfer.

However, there are certain restrictions for the transfer, which should not worsen the employee's position (in this case, the employee's consent to the transfer will not be required) or carried out only with the employee's consent in cases where it is a question of transferring to positions of a lower status or with a lower level of remuneration than previously occupied.

Within the organization, the employer can transfer an employee from a permanent job to a temporary one in the following cases:

  • if the performance of the work stipulated by the permanent position is terminated for a certain period of time, for example, due to the lack of raw materials that are used in production, or the regulatory authorities imposed a restriction on the performance of such activities due to the detection of a large amount;
  • if it is necessary to temporarily transfer an employee to another organization or department, also caused by production needs;
  • if the transfer is due to the need to carry out measures to eliminate the consequences of emergency disasters, regardless of the reason for them.

If a transfer is carried out on the first two grounds, then the term of such a transfer cannot exceed one year from the date of signing the corresponding order based on. If we are talking about a transfer for the purpose of carrying out measures to eliminate the consequences of emergency disasters, then such a transfer cannot exceed one month in accordance with the provisions of Article 72.2 of the Labor Code of the Russian Federation.

A temporary transfer within the organization can also be carried out in order to replace an employee who is absent from his position for any reason, for example, due to being on administrative leave. In this case, the transfer is carried out for a period until the moment such an employee leaves for work. If the employee whose position was being replaced, or for other reasons does not return to work, and the agreement on the transfer of the employee to the position being replaced has not been terminated, then such a transfer will be considered permanent on the basis of Article 72.2 of the Labor Code of the Russian Federation.

It is also possible to transfer an employee from one temporary job to another. Such a transfer is possible in relation to an employee who works under an employment contract that is valid for more than one year. The Labor Code does not specify the specific terms for which an employee can be transferred from one temporary job to another, however, law enforcement practice shows that such a transfer is carried out for a period of no more than three months.

Features of documentary registration

The Labor Code and the Registration Rules, which are in force today and regulate the procedure for temporary transfer to another job and its documentary registration, indicate that it is strictly forbidden to make notes about such a transfer, since this is a violation of the rules for filling out a work book.

Despite the fact that a temporary transfer is not recorded in the work book, other forms of fixing such a transfer must be observed in strict accordance with the current legislation.

In order for the transfer to temporary work, from a legal point of view, to be correct, the following package of documents should be prepared (their preparation falls on the shoulders of the personnel department):

  • employee transfer agreement (if the transfer is carried out on the initiative), signed by the employee and the representative of the employer or from the employee about the transfer, filled in with his own hand in the event of an initiative to transfer from the employee himself;
  • about transfer to another position (signed on the basis of the concluded transfer agreement or the submitted application if the employer has a free employee to transfer to a temporary position);
  • supplementary agreement to an employment contract, which reflects the conditions that have been changed in terms of the employee's implementation of his labor function when transferring to another position (job title, basic working conditions, size and other conditions to be changed, except for the listing of job duties);
  • job description based on a new position and the duties of a particular employee.

Transfer to temporary work, carried out within the framework of one organization, is today a fairly common phenomenon. The possibility of making such a transfer today is provided for by article 72.2 of the Labor Code. In order for such a translation to be recognized as legal from a legal point of view, it must be properly documented by preparing a special package of documents. In this case, an entry about a temporary transfer is not made in the work book, since this is prohibited by the current legislation in the field of drawing up the Rules for maintaining work books.

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The absence of an employee at work or an empty vacancy adversely affects the production process. So that the company's employees do not "get lost" in the duties of an empty position, a more suitable employee can be temporarily moved to it.

Labor legislation defines a temporary transfer as a change for an employee for a certain period of a job function or structural unit while continuing to work for the same employer, as well as a transfer to work in another locality together with the organization. Clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 states that the structural subdivisions of the organization should be understood as its branches, representative offices, departments, workshops, sections, etc. And under another locality - the area outside the administrative-territorial boundaries the corresponding locality. Meanwhile, an employee can be transferred to another structural unit only if it is specified in the employment contract.

Such a transfer is an effective way to fill a vacant position or a temporarily absent employee.

Get consent

The employee is temporarily transferred in accordance with the provisions of Article 72.2 of the Labor Code. The translation can be carried out both with the consent of the employee and without it.

However, in the latter case, the transfer can be made only if natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics (epizootics) and in any other cases endangering life and normal life have occurred. conditions of the entire population (part of it).

Also, the employer can carry out a temporary transfer without the will of the employee during downtime, the need to prevent the destruction or damage of property. In this case, the transfer cannot be made to a job that requires a lower qualification, and the period of tenure in a new position should not exceed one month.

In accordance with part 4 of article 72.1 of the Labor Code, it is prohibited to transfer an employee to work that is contraindicated for him for health reasons. If there are no contraindications, then with his consent the employee can be transferred to work with harmful working conditions.

Features of temporary transfer

The employer almost always transfers the employee in their own interests. For example, to increase productivity or replace for a while an employee whose duties are necessary for the company.

The employee, in turn, when transferring, strives to develop a career, increase wages.

The employer is not obliged to replace a temporarily absent employee. This decision is made by the organization independently based on the needs of production. At the same time, the employee is not deprived of the opportunity to offer the employer to make a temporary transfer. For example, if the job duties of an absent employee are performed by several people at once, which interferes with normal work.

Attention

If the employee agreed to a temporary transfer and all the necessary documents are drawn up, then the employee completely ceases to fulfill his duties and starts working in another position.

One of the most important properties of a temporary transfer is its urgent nature. In accordance with part 1 of article 72.2 of the Labor Code, temporary transfer is carried out for up to one year. The only exception was made by lawmakers for the transfer of an employee who will replace a temporarily absent employee (he retains the position) until he returns to work. The end of the transfer will be the date that precedes the day the main employee leaves.

The salary for the transfer is established by agreement of the parties. Most often, the amount of payment is determined in accordance with the new position. However, when transferring to a less qualified job, the previous salary may be retained or an additional payment made.

If the temporary transfer was made without the consent of the employee, then the salary must be paid at least the average earnings that the employee received in the previous position.

During a temporary transfer, the employer must comply with all formalities, since the employee's job function, salary, often place of work, etc. change.

Paperwork

In most cases, the employer is the initiator of the temporary transfer. He must make an appropriate offer to the employee. This proposal can be made both in writing and orally.

It is more rational to draw up a proposal in writing, since in the end it will be an official document.

When drawing up a proposal, it should indicate a new position (structural unit, location of the organization), the estimated transfer period, the time during which the employer asks the employee to respond to the proposal.

There is no time limit for the transfer of this document to the employee.

Consent or refusal is also made in writing in free form as a separate document or in the offer itself, if special columns were provided in it.

After obtaining the employee's consent for a temporary transfer, an additional agreement to the employment contract should be drawn up and signed. This document is drawn up in duplicate and signed by both the employer and the employee. A copy is given to each party.

The additional agreement states:

  • date and place of compilation;
  • name of the organization;
  • an employee transferred to another job;
  • employee's position;
  • the reason for the transfer and the position to be replaced;
  • term of temporary transfer;
  • documents that the employee should be guided by when performing new duties;
  • the amount of wages;
  • details of the parties.

The paragraph on the reason for translation may contain different wording. For example:

“Due to the temporary absence of the chief accountant I.I. Ivanova due to being on annual paid leave, accountant P.P. Petrov is temporarily transferred to the post of chief accountant. "

You can also write the following: “Due to the lack of candidates for the vacant position of the head of the legal department, lawyer S.S. is temporarily transferred to this position. Sidorov ".

When formalizing the clause on the transfer period, when a vacant position is filled (temporary transfer is carried out for up to one year), the following wording is used:

"The parties have established that the term of the supplementary agreement ends on March 11, 2013" or "The parties have determined that the supplementary agreement will be in effect until the vacant position of a permanent employee takes up.

In the event that a temporarily absent employee is replaced and the termination of the temporary transfer depends on the fact of the employee's exit (from the annual paid or educational leave, return from a business trip, the end of the period of incapacity for work, etc.), then the agreement should indicate the condition when which is terminated. For example:

“The supplementary agreement is terminated, and employee E.E. Egorov returns to the post of deputy marketing department before the date of the start of the marketing department head S.S. Sidorova ".

The reason for prescribing conditions, and not specific dates, is in most cases the impossibility of knowing the exact date of release of the main employee. So, an employee for a vacant position can be found within a couple of months, and sometimes it takes more than half a year. Meanwhile, an employee who was on a business trip may return from it earlier, or vice versa, stay late.

Further, the employer is obliged to issue an order to transfer the employee to another job, with which the employee must be familiarized with signature. In accordance with the decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1, the order is drawn up according to unified forms No. T-5 or No. T-5a.

When filling out these forms, you should pay attention to the requisite "Transfer to another job". In it, the "Date" column is filled in taking into account the wording about the transfer time. So, in the "from" field, the date from which the employee begins to perform duties at the new job is put down, and in the "to" field, either a dash is put (no end date has been determined) or the expiration date.

The next stage of registration is entering information into the employee's personal card according to the form No. T-2 approved by the Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (hereinafter referred to as the Resolution of the State Statistics Committee). The basis for making entries is the order to transfer to another job. In this case, it is necessary to fill in Section III "Recruitment and transfers to another job". The employee must be familiarized with each record against signature.

Some experts are of the opinion that a personal card should not be filled out. However, in the section on filling out the order according to the specified form No. T-5, approved by the resolution of the State Statistics Committee, it is indicated that on the basis of the order (instruction) on transfer to another job, notes are made in the employee's personal card.

After completing all of the above documents, the employee must be familiar with the job description (against signature). If the working conditions require it, training is also carried out on safety measures, labor protection, an agreement on material liability is concluded, etc.

In accordance with the provisions of labor legislation and clause 4 of the Rules for maintaining and storing work books, approved by the Government of the Russian Federation of April 16, 2003 No. 225 "On work books", a record of a temporary transfer is not made in the work book.

Old is better than new

When the main employee leaves for work, the temporary substitute employee must return to the performance of his old duties. The Labor Code does not contain provisions on how the return of an employee to an old position should be formalized. In order to avoid controversial situations, first of all, it is necessary to send the employee a notice of the main employee's departure to work, which is drawn up in any form.

The notice may contain the following wording:

“On February 17, 2013, the head of the marketing department S.S. Sidorov. In this regard, we provide you with your previous place of work as a deputy head of the department, whose duties you must start from February 16, 2013 ”.

An order should also be issued to terminate temporary duties and return to the old position. It is issued in any form. Further, changes are made to section III of the employee's personal card, that is, the return of the previous position is noted.

I.R. Svetlichnaya - lawyer, expert of the journal "Practical Accounting"

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