If there is a need to transfer an employee to another regular position, you need to draw up an additional agreement on transfer to another position. The final stage in completing the transfer is the issuance by the head of the relevant order. Such an order is drawn up according to the standard form T-5.
Transfer to another position
The position for which an employee is hired must be specified in the employment contract. It fits in accordance with the staffing schedule approved by the organization. In this case, the employee’s specialty must contain information about qualifications and profession. To change a position, the employee's consent is required, if necessary. To complete such a change, employment contract an additional agreement is drawn up. Transfer to a position that involves work that is contraindicated for the employee medical indications, not allowed.
Additional agreement to the employment contract on the transfer of an employee
The legislation does not provide for a special form in which an additional agreement must be drawn up when transferring. This document is drawn up in free form.
The text of such a document must contain:
- date and place of document preparation;
- title, for example: “additional agreement to employment contract No. 23 dated November 23, 2012.” If this is not the first additional agreement, then you need to enter its corresponding number;
- description of the parties to the document;
- essence of the changes: detailed description new responsibilities, name of the new position and others important points(for example, transfer deadline);
- signatures of the parties.
The additional agreement on transfer to another position is drawn up in two copies. All two copies have equal legal force. One remains with the employer and is filed in the employee’s personal file, and the second is given to the employee.
After signing the additional agreement, the manager issues an order. It must reflect all agreed changes:
- name of the new position;
- new labor functions;
- wages;
- transfer deadline;
- other changes that have occurred.
Transfer to permanent employment
An employee, in the cases specified in the Labor Code, may be hired under an employment contract limited in duration. The condition regarding the temporary nature of the work can be changed by the employer with the consent of the employee. Such a change is formalized by drawing up an additional agreement to the employment contract.
An additional agreement on transfer to a permanent job must contain a condition that the terms of the employment contract regarding the term are excluded. After this document, the manager issues an order that the employee is transferred to permanent work.
The Labor Code regulates the situation when an employee continues to work in a company after the expiration of the period for which the employment contract was concluded. If the employer does not demand to terminate the employment contract, then the condition of urgent nature labor relations automatically expires. In this case, there is no need to draw up an additional agreement. However, the manager still needs to issue an order.
When concluding an employment relationship, the parties sign an employment agreement (EA), which indicates the operating conditions. If an employer or employee has a desire or need to change any point in a document, they can do this only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation (LC RF).
If the initiative comes from the employer, then he must obtain the employee’s written consent to the transfer. In such a situation, the procedure will be as follows:
- Preparation of a written proposal for transfer to a new position (2 copies).
- Registration of an offer in the notification log.
- Familiarization of the employee with the proposal against signature.
- If the employee gives his consent, he draws up a written application requesting the appointment.
- Registration of the application in the journal.
- Preparation (2 copies with signatures of both parties).
- Drawing up by the manager of an order for transfer to another workplace.
- Familiarization with the employee's order against signature.
- Registration of a document in the enterprise order journal.
- Making an entry in the employee’s personal card.
- Filling out the appropriate column in the work book.
If an employee does not want to accept an offer to change his position from the employer, then an act of refusal to receive the offer is drawn up signed by the originator and two witnesses.
If the employee himself has expressed a desire to transfer to another workplace, then he independently writes an application addressed to the employer with a request for a transfer, in which he indicates the position and department. Further actions in both cases are no different.
How to correctly transfer an employee to another position in the organization?
Is the employee's written consent required?
When an employee is appointed to another position, the terms of the employment contract between the parties change. Situations may be as follows:
In other words, when transferred, the employee’s job functionality or place of work changes. If the employer himself initiates such changes, then he must obtain written consent from the employee. If the transfer is not associated with additional movements, then there is no need to obtain consent (Article 72.1 of the Labor Code of the Russian Federation). Also, a transfer to another position may be associated with the desire of the employee himself or with medical indications.
Actions when completing a translation with written consent:
- The boss prepares a corresponding document indicating the reason and personal data of the employee.
- After the department head agrees to the transfer, this proposal is sent to the employee.
- After signing it, the employee draws up a transfer application.
If the transition is made for a certain time period, then such information is not entered into the work book.
In what cases is this prohibited and in what cases is it permitted?
If the employee does not give his consent, then transfer is possible only in some cases(Article 74 of the Labor Code of the Russian Federation):
- to prevent an accident, eliminate the consequences of an emergency;
- in order to prevent enterprise downtime and accidents, as well as property damage;
- instead of an employee who did not go to his workplace.
It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons (Article 72.1 of the Labor Code of the Russian Federation).
How to formalize a change in the terms of a TD and draw up an additional agreement?
As a rule, at an enterprise, the preparation is carried out by the responsible employee of the personnel department. The document is drawn up according to a template available in the organization, but the form can be any, since it is not established at the legislative level. The main condition is the availability of all the necessary information.
The following information must be included in the supplement to the TD:
- name of the document and its number;
- number and date of conclusion of the TD to which the document on transfer to another position will relate;
- place and date of conclusion of the agreement;
- name of the enterprise where the employee works;
- Full name and position of the manager;
- Full name, position and passport details of the employee.
The text of the agreement indicates the clauses that are subject to. In addition, it is imperative to mention which part of the employment contract remains unchanged. The agreement must indicate the date from which the document comes into force, and also note the fact voluntary consent sides
The wording of the text of the agreement may be different; the legislation does not establish clear requirements. For example, if the transfer occurs at the initiative of the employee, the text may be as follows: “The employee, at his own request, is transferred to the position of senior engineer from April 14, 2018. The employee’s salary is set at 40,000 (forty thousand) rubles.”
The additional agreement must be drawn up in two copies. After signing, one copy is given to the employee, and the second remains with the employer. The agreement is endorsed by both the employee and the employer.
How to create an order?
Drawing up an order to transfer an employee to another position is the final stage of the personnel procedure. There are special forms of such an order - No. T-5 and T-5a, but their use is not mandatory. The employer can develop his own order form.
The transfer order will have the following wording:
- document test begins with the word "Translate";
- further indicates the full name and current position of the employee, as well as the new location and department for appointment;
- date of commencement of duties at the new workplace, term, working conditions and wages;
- reason for transfer.
The order is issued at the enterprise in one copy. As a rule, it is compiled by an employee of the personnel department. The document is signed by the head of the enterprise. After reading the document, the employee also puts his signature on it.
How to leave an entry in the work book?
When an employee is appointed to another position, a corresponding entry must be made in his work book. This type of information is entered in accordance with legal requirements. The person responsible is the HR department employee. Entries in the document must be made by hand and must not contain errors or omissions.
The following information is entered into each column of the work book:
- serial number of the record;
- date of entry in the work book;
- transfer information “Transferred to such and such position”;
- date and number of the appointment order.
When transferring internally, the name of the organization is not indicated. If a division changes, this must be reflected in the record.
The entry is certified by the seal and signature of the manager. An entry in the work book can only be made on the basis of an order signed by the manager to appoint the employee to another position.
Below you will see a sample entry in the work book about the transfer of an employee to another position:
Any occurs only by agreement of both parties, but any of them can act as the initiator.
It is especially necessary to pay attention to the correctness of the entire personnel procedure, since the appointment of an employee to a new position must occur exclusively in accordance with the law. The HR department employee is responsible for drawing up and preparing all documents necessary for translation.
An employment contract is a document that defines working conditions for an employee. As time passes, situations arise that require adjustments to the contract.
When changing the salary, transferring to another position or combining work, the employer and employee draw up an additional agreement. How to correctly draw up an auxiliary act, more details in the material.
Details of the question of what an additional agreement to an employment contract on combining positions is can be found in the article at the link.
How to draw up an additional agreement to an employment contract?
A special agreement is drawn up if there are compelling reasons: a change in salary, transfer to another workplace, combining positions. Based on the provisions of Article 72 of the Labor Code, a legal model must be drawn up upon a mutual decision of the parties.
Based on the consent of the employee and the employer, a supporting agreement is drawn up in free form in two copies. One sample remains with the boss, the second is provided to the employee. The execution of documentation has legal force only after the signature of the ward and the manager (then the corresponding entry is made in the register of employment contracts and additional agreements).
If the organization has an accounting journal, then it must be added to it that the employment contract has a supporting document. It has the same legal functions as an employment contract.
If the drafting of the agreement requires changes large quantity aspects that relate to changes in salary, extension of work, combining positions, then it is written: “The changed conditions of the labor act are enshrined in a special agreement to the contract.”
There are two types of conditions to the agreement: mandatory and additional.
Mandatory ones include:
- Changes affecting working conditions. If the employer decides to distort the employee’s work schedule. The notice must be issued no earlier than two months in advance, based on Article 74 of the Labor Code.
- Changes that relate to an increase or decrease in an employee’s salary.
- Modernization of the employee's working regime.
Additional circumstances are:
- Specifying the place of work.
- Working period.
- Availability of an insurance policy.
- Improving the level of living conditions.
A number of important situations that the employer must take seriously include: transfer to another department or location, extension of the contract period, combination of positions and demotion of an employee due to illness.
Based on articles: 72.1, 72.2, 73 and 73 of the Labor Code of the Russian Federation, the execution of a special agreement on the above points is carried out only by mutual consent of the parties.
Additional agreement to the employment contract on salary changes
A change in salary is a condition that is prescribed only by mutual decision of the boss and the ward. In any form, the employer draws up a document on changes in wages.
Only after the employee’s signature is the supporting agreement considered legal. To correctly draw up a standard sample of an additional agreement on salary changes, you can download this example:
Additional agreement to the employment contract on combining positions
If the employee has the required level of qualifications to fulfill temporary obligations, the employer draws up an auxiliary document for the combination, based on paragraph 2 of Article 60.
You can combine work if the positions are in the same department and there are free time to perform temporary part-time functions.
To draw up an agreement, you need to write an application for the temporary transfer of job functions to a new employee, draw up an auxiliary act and sign an order for combination.
For more detailed information on how to correctly compose a document, you can download a standard sample here:
Additional agreement to the employment contract on transfer to another position
Transfer to another position is made with the consent of the employee. In the terms of the supporting document to the contract, the name of the other job vacancy and the start date of the transfer are stated.
Prescription of changes in an additional document is carried out only after an order has been issued to transfer the employee to another job.
How to draw up a transfer agreement correctly, you can find out in detail here:
Additional agreement on extension of the employment contract
During the period of work, the contract expires. The functionality of the document itself depends on the type of transaction, fixed-term or permanent. A temporary contract can be issued for a day, a month, a year, but not exceeding the bar for five years.
Permanent is for the entire period of work. If the ward wishes, the open-ended contract can be changed to a fixed-term one.
There are two extension options working period: you can fire an employee and, on the basis of this, conclude a new agreement or draw up an additional legal act to the contract.
Based on the agreement of the two parties, an extension of the validity period is possible, taking into account the provisions of Article 72. If the employer sees that the validity period of the contract is expiring, the ward must be notified about this no earlier than three days in advance.
On the website you can download a sample and see how to draw up an additional document to the main agreement, correctly:
Standard form of an additional agreement to an employment contract
Based on the above information, we can conclude that a typical sample for filling out a supporting document includes:
- Name. Depending on the reason for filling out the auxiliary agreement, the name of the document itself will be subject to changes.
- An introductory part, which indicates the full name of the organization, information about the manager and the ward.
- Main text. The conditions for changing the agreement are prescribed, based on the requirements that are enshrined in the Legislation. Based on the amended clauses, the rights and obligations of each party are indicated.
- Conclusion. At the end legal act the signature of the interested parties and the date of preparation are affixed.
For the final version of the document, a second copy is made. It is worth noting that to replace the director, contact information of a manager or employee, it is not necessary to draw up a supporting document for the contract.
Often there is a need to move to another job, since changes regularly occur in organizations, as in the life of any person. It also happens that an employee is transferred and promoted, but he can move to another branch. Changes occur on the advice of doctors or in connection with the relocation of companies. With the promotion or demotion of an employee, the terms of the contract will be changed. Therefore, an additional agreement on transfer to another position is drawn up.
What is considered a “job function”?
Activities based on position staffing table, profession or tasks assigned to an employee, is a labor function. Each person does his job specific list responsibilities specified in the job description.
A specific type of work assigned to an employee may be a separate function, or may also be performed in parallel with another specialty. In any case, assigned duties must be performed efficiently and in a timely manner. An additional agreement for transfer to another position is a mandatory document that is concluded between the parties before the commencement of duties.
Getting another position
If an employee moves to a new one, there is a process of changes, established by the parties, to the terms of the employment agreement. Such changes require only mutual consent of management and employee.
The law allows exceptions in the form of a transition for some time. The transition to another position by agreement of the parties must be documented.
Is written permission required?
An employed person receives a new position based on the following conditions:
- For a while or permanent place one boss.
- Together with the boss to another place.
- Transfer to another boss.
A transfer involves a change in the employee’s employment or a move to another location where the same management will work. If a person is transferred on the basis of the employer’s initiative, the employee must give written consent. If the translation does not require additional movements, then permission is not required (Article 72.1 of the Russian Federation).
A worker can transfer at his own request; to do this, he must submit an application to the manager. The translation is carried out both on the basis of his request and by medical recommendations. If there is a transition to a permanent job, but to a different boss, the document will not be valid in the previous place. An additional agreement for transfer to another position is drawn up only if the employee gives consent to this.
Translation with consent
This procedure is carried out as follows:
- The boss prepares a report indicating the reason for the transfer and information about the employee.
- The head of the department gives permission.
- The employee is notified in writing of the offer of another position.
- The employee provides written confirmation and submits a statement to the manager requesting a transfer. The application must be completed.
If registration is carried out only for some time, then this fact is not reflected in the work book. An additional agreement is created on an ongoing basis to transfer the employee to another position.
When is it not translated?
If the employee did not provide a positive answer, then transferring him to another position is allowed only in special cases(Article 74 of the Labor Code):
- To prevent an accident or eliminate the consequences of an emergency.
- To prevent downtime, accidents and damage to material assets.
- Instead of a failed employee.
An employee cannot be transferred to another position without his written consent. If the employee has not provided permission, then the transition is carried out only if there is a risk of downtime or an emergency. Due to production needs, a transfer for no more than 1 month is possible (Article 74 of the Labor Code of the Russian Federation). A worker should not replace another more than once a year. You cannot hire a person with low qualifications. It is important to establish the average salary if the temporary position is paid lower.
Amendments to the contract
When a person moves to another position, the information in the employment contract is adjusted. Changes can be made by agreement of the parties (Article 72 of the Labor Code). It turns out that the employer and employee must know what information is entered into contract of employment. Then the relationship between the parties will be officially registered.
Drawing up an agreement
An additional agreement for transfer to another position is drawn up if there is a change in the information in the contract. This document will be a continuation. For this reason, the paper is drawn up in 2 copies: for the employee and the boss.
A sample additional agreement on transfer to another position will help you draw it up correctly. The document must contain the following information:
- Title and document number. For example, the paper may be called “On changes due to the transfer of an employee.”
- About the parties to the agreement.
- In the main part of the document there is a list that needs to be removed or corrected.
- It should be noted that the remaining provisions will not change.
- Date of.
- Details and signatures.
The grounds may contain different wording. The sample agreement for transfer to another position is generally accepted and is used in all organizations. In case of controversial situations you must rely on this document. Therefore, every employee who has transferred to another job for any reason must have an agreement on transfer to another position.
Working conditions
If the boss wants to transfer a person to a position with less income, then the latter’s written consent is required. It is possible to carry out such a transfer to another job where the salary will be lower in some cases:
- Based on medical indications.
- Based on the results of certification.
- If the certification was not passed, then instead of dismissal it is proposed to transfer from the most responsible position.
The order contains the following information:
- FULL NAME. employee.
- Position after transition
- Date of transfer, income and working conditions.
- Basis of translation.
The order is issued in type T-2 or in an individual form that is used in the institution. The document must contain the signatures of the boss and employee. When an agreement on permanent transfer to another position has been drawn up, and an order has been issued, the person can begin to work.
Changes in work books
These documents are drawn up by responsible persons. This work can be performed:
- Specialist in personnel finishing.
- The leader.
- Chief accountant.
All entries are confirmed by the HR employee. After changing a position, the following actions are performed:
- An agreement is signed to transfer the employee to another position.
- A corresponding note is placed in the work book.
- An order is issued stating that the employee has received a new position.
Before data is entered into the work book, the owner of the document is introduced to the information, who must confirm everything. It states:
- Record number.
- Date of changes.
- Information about the translation.
- Order details.
Creating an agreement to transfer an employee to another position and filling out a work book is considered mandatory. If the manager follows all the specified rules, then all documentation will be in order. And then no questions will arise during inspections by regulatory authorities.
Temporary position
There are often times when it is necessary to replace an employee who is temporarily absent. This usually happens during vacations, temporary incapacity, or maternity leave. Types of substitution are specified in the Labor Code of the Russian Federation:
- Transfer to another position
- Combination.
- Drawing up a fixed-term employment contract.
Transfer to temporary work is carried out due to necessity and due to situations not related to it. This procedure is carried out:
- Based on agreement of the parties.
- Execution by the employer unilaterally.
Employees are temporarily transferred for 1 year and for the period of absence of the main employee. Over time, the job may become permanent. At the end of the temporary transfer, the manager is obliged to notify the end of activities due to the return of the main employee. The notification must be in writing in 2 copies.
Refusal to transfer
The employee has the right to refuse, even if there are grounds for transfer. Sometimes situations arise when the employer himself cannot find a person Right place, corresponding to new working conditions:
- Failure may be due to medical factors. Then the institution does this: if a transfer is required for up to 4 months, then the employee is suspended from his work for this period without salary, but with preservation of his job. If the transition is planned for a period of more than 4 months or on a permanent basis, then with refusal the employment contract ceases to be valid with him (Articles 73, 77 of the Labor Code of the Russian Federation).
- During a company downsizing, the employer is required by law to offer the person another position. If this is not possible or if the employee refuses, dismissal occurs, which is notified 2 months in advance.
- A specialist may lose the ability to perform his work due to deprivation of a special right (for example, driver's license, licenses). This person is usually transferred to another position. If the deprivation of special rights occurs for a period of 2 months, then he is suspended from office without pay. If special rights are deprived for more than 2 months or completely deprived, dismissal occurs if the person does not want to move to a new job.
- A special situation of transfer to another position is a change working conditions pregnant worker. This translation temporary. The employer may offer an existing vacancy, but the employee may refuse. If there is no suitable position, removal occurs with retention of income and job.
- It is possible to transfer to another location together with the enterprise. In this case, if the employee refuses this offer, the employment contract is terminated and he is provided with severance pay.
Thus, the procedure for transferring by agreement of the parties to another position has many subtleties. Any organization must take into account the rules of the law so as not to violate the rights of employees.
Often, an employer needs to make changes to an employment contract with an employee. There can be many reasons for this (for example, transfer to another position, job or change in payment conditions). Is it necessary for employees to enter into an additional agreement to the employment contract? Does it exist universal sample such an agreement? Is it possible to conclude an additional agreement to change salaries? You will find answers to these and other questions in our article.
Introductory information
What can be changed
In an employment contract, you can change both mandatory (parts 2, 3 of article 57 of the Labor Code of the Russian Federation) and additional conditions of the employment contract (parts 4, 5 of article 57 of the Labor Code of the Russian Federation). In any case, you need to draw up an additional agreement to the employment contract. Let us explain what can be considered mandatory and what can be considered additional conditions labor.
| Prerequisites | Additional terms |
| place of work; labor function; work start date; when concluding a fixed-term employment contract, its validity period and the circumstances that served as the basis for its conclusion; terms of remuneration; working hours and rest hours (if they differ from those generally established in the organization); compensation for hard work and work with harmful and (or) hazardous conditions labor; conditions that determine the nature of the work (mobile, traveling, on the road, other nature of work); working conditions in the workplace; condition on compulsory social insurance. | information about clarification of the place of work and the workplace; about the test; on non-disclosure of secrets protected by law (state, official, commercial and other); about the obligation to work after training for at least established by the agreement period if the training was carried out at the expense of the employer; on the types and conditions of additional employee insurance; on improving the social and living conditions of the employee and his family members. |
About the additional agreement
To change an employment contract, you need to draw up a written agreement between the employee and the employer. There is no standard form for such an agreement. Therefore, the employer has the right to formalize it in any form in the form of an additional agreement to the employment contract.
The supplementary agreement is an integral part of the employment contract. Therefore, the additional agreement must be drawn up in two copies: one for the employee, the other for the employer.
If the organization keeps a journal of additional agreements to employment contracts, then make an entry in it about issuing the employee a copy of the additional agreement.
Also see "". It is not at all necessary that the employee signs in this journal. After all, his signature will already be on the supplementary agreement itself.
Special situations
The legislation defines a number of cases and situations in which, before drawing up an additional agreement to an employment contract, it is necessary to fulfill a number of conditions and take into account some restrictions. These situations are described in more detail in Labor Code, in the relevant articles:
Read the above articles if you need to enter into an additional agreement in the listed cases. They all describe in some detail what the employer needs to do and within what time frame.
If we are talking about general cases conclusion of additional agreements, we suggest that you familiarize yourself with the samples.
Samples of additional agreements
As we have already said, there is no single sample of an additional agreement to an employment contract. It is compiled for each specific case. Here are some of the most common samples in Word format that you can download and edit to suit your needs.
Additional agreement on salary changes
Sometimes employers change salaries in the organization. Such a change also requires the employee’s consent. However, you do not need to obtain it specifically. The additional agreement signed by the employee itself will be confirmation of such consent.
So, let’s assume that the sales manager’s salary increases from 35 to 40 thousand rubles. An additional agreement might look like this: 
As you can see, there is no need to describe anything in detail (in particular, there is no need to indicate the previous salary). It is enough to establish that from the specified date the employee’s salary is the amount agreed with the employee.
Additional agreement on changes in working conditions
Additional agreement on transfer to another position
In order to transfer an employee to another position, you can draw up an additional agreement and indicate in it exactly what position the employee is being transferred to and from what date this change begins to take effect. 
Also keep in mind that the employer will need to issue an order to transfer the employee to another job.
New version of the employment contract agreement
As we have already said, it is possible to conclude an additional agreement to set out the employment contract in new edition. This is the only correct option. After all labor legislation does not allow “renegotiation” of employment contracts. Let us give an excerpt of such an additional agreement, according to which you can understand the algorithm of actions. 
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