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

Please tell me how to arrange a temporary transfer to vacant position until the replacement of this position by the main employee. The organization has a vacancy for the head of department. Management has decided to temporarily transfer the employee to this vacant position pending a final decision to fill the vacant position. How to correctly formulate the period of temporary transfer "for the period of absence of the main employee" or for a period until filling 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 last longer - until the other employee starts working again.

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

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

The wording “until an employee is appointed to a position” or “until a vacant position is filled” 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 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 indicating the period 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 has not been accepted for this position, therefore the wording “during the 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 enters this position, the period of such a transfer must be indicated exactly by 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 recruitment Your organization (for example, posting a vacancy, holding a competition, selecting an applicant, etc.). If after the expiration of the period of temporary transfer determined by the additional agreement, the position remains vacant, then you will be able to conclude a new additional agreement with the employee on temporary transfer for a new term.

If a candidate for the indicated vacant position is selected before the expiration of the temporary transfer, then you can terminate the temporary transfer ahead of schedule by agreement with the employee by concluding an additional contract 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 procedure for the employer's actions during the temporary transition of the 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 stop personnel changes.

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

If the employer does not have emergency circumstances, he can briefly transfer an 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 the current TD ( employment contract) to conclude supplementary agreement. This is important because when moving to another position for a short time, the employee changes:

official position;
salary amount.

When arranging a short-lived transfer of an employee to replace an absent employee, it is impossible to predict the exact end date of the event. Therefore, a condition is introduced into the additional 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.

An additional agreement is drawn up taking into account the general rules:

The document is made in two copies
Amended items of TD are introduced into it, indicating that the remaining conditions of TD remain unchanged.
The agreement is signed by the employee and the employer. To issue a temporary transfer in various cases, the service in the Kadra System will help you. Get started with master of temporary translation right now.

A 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 asserts the fact of temporary personnel changes within the organization. In addition to the order, which can be issued in the unified form No. T-5 or No. T-5A, as well as on 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 that permanent job, he may request in writing from the employer a certificate or a copy of the temporary transfer order.

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

Temporary transfer to another position: distribution of duties between 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 duties of the absent employee is extensive, and the personnel situation allows distributing his functions to several employees, this can be done. In this case, it is not about translation. The movement of an employee or several employees is also not carried out. Everyone 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 on the temporary replacement of an absent employee. When expanding responsibilities, draw up:

an additional agreement, prescribing in it the scope of new duties, 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 personal cards and work books of employees.

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

You can temporarily transfer an employee to another job without his consent, only if it is necessary to prevent or eliminate the consequences of:

man-made, natural disasters;
accidents;
earthquakes, floods, fires;
epidemics, epizootics, famine;
other cases that threaten normal living conditions or the lives of a large part of the population.

Additionally, two conditions must be met:

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

If the last condition is not met, written consent must be obtained, which is expressed by 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 divided into temporary and permanent. Temporary work is carried out by agreement of the parties or without the consent of the employee.

The duration of the performance of official duties in case of a short transfer to another job is limited by the Labor Code of the Russian Federation 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.

★ The expert of "System Kadra" 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 transferring to another position by agreement of the parties and without the consent of the employee, the features of processing 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 transferring an employee without his consent, the employer needs to prepare documents that can be used to confirm the existence of emergency circumstances caused by such a transfer (paragraph 17 of the decision of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

These documents are used:

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

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

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 is not approved. If, at the end of the transfer deadline, the employee was not provided with the previous job, but he does not insist on this, continues to work, the condition of the executed agreement becomes invalid, the temporary position becomes permanent (part 1 of article 72.2 of the Labor Code of the Russian Federation).

This situation must 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 work book employee.

Order on the 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

Transferring an employee to another workplace is not considered a transfer if the conditions of the TD do not change, and labor function stays the same. An exception is such situations when a workplace is indicated in the TD, when it changes, the terms of the TD change, and constitute an additional agreement. So, for example, a permanent transfer is possible only with the written consent of the employee. The movement is carried out without obtaining such consent.

It is possible to transfer an employee to another job for a short time only with his written consent, unless there is an emergency. An additional agreement is concluded to the current employment contract. The reason is that when moving to another position, the employee temporarily changes: position, salary.

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

Answered the question
Yu.N. Strogovich,
chief consultant
Office of Constitutional Foundations
labor law and social protection
Secretariat of the Constitutional Court of the Russian Federation

Please advise on the correctness of our actions in the following situations.
There are cases when management decides to temporarily replace (transfer) a vacant position (as a rule, these are the positions of heads of structural divisions that may be vacant for a long time) by an employee, while retaining the former place of work for this employee. At the same time, the replacement period is until a new employee is accepted for this position (an employee for whom this job will be permanent).
In this case, the HR department:
1) receives an application (consent) of the employee for a temporary transfer to a vacant position with the preservation of the former place of work;
2) issues an order. The line (type of transfer) indicates: “under a fixed-term employment contract, until a new employee is hired 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 certain period, until a new employee is accepted for this position. This change comes into force from ________, the employee starts work from ________”;
4) makes an entry in the work book.
Then, after a candidate is selected for admission (under an indefinite employment contract) to the position to which the employee was temporarily transferred, this employee is transferred to the previous position. At the same time, the employee writes a statement, an order and a change to the employment contract are drawn up for him.
The reason that prompted me to ask you for help is the following. 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. pounds,
Balakovo, Saratov region

Expert "KP"
Yu.N. Strogovich

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 the event of an operational need, the employer, on his own initiative, has the right to transfer the employee for up to 1 month to work not stipulated by the employment contract in the same organization with remuneration for the work performed, but not lower than the average salary for previous work. Such a transfer 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 due to economic, technological, technical or organizational reasons), destruction or damage to property, as well as to replace an absent employee. At the same time, the employee cannot be transferred to work that is contraindicated for him for health reasons.
According to paragraph 17 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 Russian Federation of the Labor Code of the Russian Federation, the temporary transfer of an employee without his consent to work not stipulated by an employment contract to replace an absent employee may be recognized as justified, provided that this was caused by extraordinary circumstances, namely, the declaration of a state of emergency or martial law, disaster or the threat of disaster (fires, floods, famine, earthquakes, severe epidemics or epizootics), as well as in other cases that endanger the life or normal living conditions of the entire population or part of it, or when failure to take this measure could lead to a catastrophe, industrial accident, natural disaster, accident and other adverse effects.
Therefore, for any other reasons for the transfer, and regardless of its reason, provided that the employee will have to perform work of a lower qualification, obtaining from him prior written consent to the transfer is mandatory. At the same time, work should not be contraindicated to the 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 issued by an order (instruction) of the employer, in which the employee makes a record of his agreement with the transfer. In this case, no amendments to the employment contract are required. In addition, no entry is made about such a temporary transfer in the work book of the employee, since, in accordance with Article 66 of the Labor Code of the Russian Federation, information about the employee, the work performed by him, transfers to another permanent job and 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 vacant position and in this regard, the following should be noted.
The initiative for such a transfer usually comes from the employer and is caused by a production need.
If we are talking about a production need caused by any of the above 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, for some reason, an employer often cannot find a suitable candidate for a vacant position for a long period of time and temporarily “closes the loophole” in the manner described in the question. This option is definitely not the best. It seems inappropriate to assess its legitimacy and the degree of “vulnerability” of the employer, since in the event of a conflict with a temporarily transferred employee and the transfer of his permission to the court, the employer with a fairly high probability will have to at least prove the validity of such a transfer; it is very difficult to predict the decision of the court.
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 assign duties to him in a new position in the order of combining professions (positions), draw up an additional agreement to the employment contract and, on the basis of this, issue an appropriate order ( order). The limitation of a certain period of validity of the named additional agreement will allow the employer during this period to see how the employee copes with new official 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 an additional agreement may be, for example, as follows: “In connection with the production need, the employee is assigned additional duties for a vacant position temporarily from June 01, 2005 until the end of the need (in particular, in connection with substitution 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: “In connection with the production need, the employee is assigned additional duties 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 ".

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 the temporary transfer of an employee to another position, that is, the provision of temporary work to him. In what cases is such a transfer possible and how should it be implemented?

The Labor Code understands temporary work or temporary employment as such labor Relations which are established between the employee and the employer for a certain period of time. At the same time, such a period must be 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 performing protection of sown areas occupied by 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 that is performed by an employee as a result of a temporary transfer to another position due to the lack of direct employment for the main work (for example, due to the lack of raw materials for the production of any products and the stoppage 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 a period of more than one month).

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

In what cases is it necessary to transfer to a temporary job?

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 emergency circumstances that have arisen that require the immediate implementation of a certain set of measures aimed at eliminating the threat to the life and health of the population.

Intra-organizational circumstances may have a different cause of 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 leaving for one of the types, with the exception of the annual paid one 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 says 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 position of the employee (in this case, the consent of the employee for the transfer will not be required) or be carried out only with the consent of the employee in cases where it is a question of transferring to positions of a lower status or with a lower level of remuneration than on the previously occupied one.

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 work provided for by a permanent position has been stopped for a certain period of time, for example, due to the lack of raw materials that are used in production, or regulatory authorities imposed a restriction on the implementation of this kind of activity 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 necessity;
if the transfer is due to the need to take measures to eliminate the consequences of emergency disasters, regardless of the reason for which they arose.

If a transfer is made on the first two grounds, then the period 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 enters work. If the employee whose position was being filled, or for other reasons, does not go 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 working 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.

Documentation Features

The Labor Code and the Registration Rules, which are in force today and regulate the procedure for making a temporary transfer to another job and its documentation, say that it is strictly forbidden to make records of such a transfer, as 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 personnel officers):

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

Transfer to temporary work, carried out within the framework of one organization, is today a fairly common phenomenon. The possibility of such a transfer is currently provided for in 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 should be properly documented by preparing a special package of documents. In the work book, an entry about a temporary transfer is not made, since this is prohibited current legislation in the field of registration of the Rules for maintaining work books.

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The absence of an employee at work or an empty vacancy adversely affects manufacturing process. So that the employees of the company are not “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 in an employee's labor function or structural unit for a certain period while continuing to work for the same employer, as well as a transfer to work in another area together with the organization. In paragraph 16 of the decision of the Plenum Supreme Court RF dated March 17, 2004, it is indicated that the structural divisions of an organization should be understood as its branches, representative offices, departments, workshops, sections, etc. And under another locality - the area outside the administrative-territorial boundaries of the corresponding locality. Meanwhile, the employee can be transferred to another structural subdivision 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 temporary transfer of an employee takes place in accordance with the provisions of Article 72.2 of the Labor Code. The transfer 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 there have been natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics (epizooty) and in any other cases that endanger life and normal life. conditions of the entire population (its part).

Also, the employer can make a temporary transfer without the will of the employee during downtime, the need to prevent the destruction or damage to property. In this case, the transfer cannot be made to a job that requires lower qualifications, 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 conditions labor.

Features of temporary translation

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

The employee, in turn, during the transfer seeks to develop a career, increase wages.

The employer is not obligated to replace a temporarily absent employee. This solution adopted 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 labor obligations an absent employee is performed by several people at once, which interferes with normal work.

Attention

If the employee agreed to a temporary transfer and all Required documents, then the employee completely ceases to fulfill his duties and begins to work in another position.

One of the most important properties that is inherent in a temporary translation is its urgent nature. In accordance with part 1 of article 72.2 of the Labor Code, temporary transfer is carried out for a period of up to one year. The legislators made the only exception for the transfer of an employee who will replace a temporarily absent employee (he retains his position) until he returns to work. The moment of 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 may be made.

If the temporary transfer was made without the consent of the employee, then wage must be paid not less than the average salary received by the employee in the previous position.

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

Paperwork

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

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

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

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

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

After obtaining the consent of the employee for a temporary transfer, an additional agreement to the employment contract should be drawn up and signed. This document It is drawn up in two copies and signed by both the employer and the employee. Each party is given a copy.

The supplementary 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 filled;
term of temporary transfer;
documents that the employee should be guided by in the performance of new duties;
wages;
details of the parties.

The paragraph on the reason for the transfer may contain various wordings. For example:

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

You can also prescribe 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 drawing up a clause on the term of transfer, when a vacant position is filled (temporary transfer is carried out for a period of up to one year), the following wording is used:

“The parties have determined that the supplementary agreement will expire on March 11, 2013” or “The parties have determined that the supplementary agreement will remain in effect until the vacant position is filled by a permanent employee.”

In the case when a temporarily absent employee is replaced and the temporary transfer is terminated, it depends on the fact of exit this employee(out of annual paid or study leave, returning from a business trip, the end of a period of incapacity for work, etc.), then the agreement should indicate the condition upon the occurrence of which its operation is terminated. For example:

“The supplementary agreement is terminated, and employee E.E. Egorov returns to the position of Deputy Marketing Department until the date of the head of the Marketing Department S.S. Sidorova".

The reason for prescribing conditions, rather than specific dates, is in most cases the impossibility of knowing exactly the 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 six months. Meanwhile, an employee who was on a business trip may return from it earlier or, on the contrary, be delayed.

Further, the employer is obliged to issue an order to transfer the employee to another job, with which the employee must be familiarized against 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 props "Transfer to another job." In it, the column "Date" is filled in taking into account the wording on the term of the transfer. So, in the field "from" the date is entered from which the employee begins to perform duties for new job, and in the “to” field, either a dash is put (the end date is not defined), or the date of expiration of the term of work.

The next stage of registration is the entry of information into the employee's personal card according to form No. T-2 approved by the Decree 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 an order to transfer to another job. In this case, you must complete section III "Employment and transfers to another job." With each record, the employee must be familiarized with 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 in 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, marks are also made in the employee's personal card.

After completing all of the above documents, the employee must be familiarized with job description(under painting). If this is required by working conditions, safety and labor protection instructions are also provided, an agreement on 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 Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books”, an entry on temporary transfer is not made in the work book.

Old is better than new

When the main employee returns to work, the temporary replacement employee must return to his old duties. The Labor Code does not contain provisions on how to formalize the return of an employee to an old position. To avoid controversial situations first of all, it is necessary to send the employee a notice of the main employee's return 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 in the position of deputy head of the department, whose duties you must begin on February 16, 2013.”

An order should also be issued to terminate the performance of temporary duties and return to the old position. It is 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 magazine "Practical Accounting"

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