Notification of termination of temporary transfer. Internal transfers: done correctly

TEMPORARY TRANSFER: SAMPLE STEP-BY-STEP PROCEDURE (GENERAL)

According to Part 1 of Art. 72.2 Labor Code of the Russian Federation:

“By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, whose position is retained in accordance with the law work - until this employee goes to work."

1. One of the parties (employee or employer) comes up with the initiative to temporarily transfer the employee to another job.

The initiative can be “oral”. And the parties to the negotiations come to an agreement on a temporary transfer.

The idea of ​​a temporary transfer may also be in writing, but this is not necessary.

1.1. If the employee himself comes up with the initiative to temporarily transfer to another job, then he can write an application for his temporary transfer to another job (position). The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

1.2. If the employer comes up with the initiative to temporarily transfer an employee to another job, then he can make a written offer to the employee for a temporary transfer to another job (position). The proposal is made in two copies. The proposal is registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. One copy of it is given to the employee. On the second copy (the copy that remains with the employer), the employee writes that he has read the proposal, received one copy of it, puts the date of receipt, and signs. If the employee agrees to the transfer, then he can put an “agreement note” on the employer’s proposal or write a statement of consent to the transfer. The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

2. Familiarization of the employee with his job description(for a new position), other local regulatory legal acts directly related to his new work activity.

The procedure for familiarizing yourself with local regulations is not defined by the code; in practice, there are various options:

Familiarization sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization and the dates of familiarization (such sheets are stitched together with the local regulatory act),

Maintaining logs of familiarization with local regulations, in which employees put signatures confirming familiarization and indicate the dates of familiarization.

A certain procedure for familiarizing yourself with local regulations may be enshrined in the act itself. Find out your employer's procedures for familiarizing employees with local regulations before you begin introducing them to the employee.

3. Signing a written translation agreement between the employee and the employer (to the employment contract) and, if there are grounds, signing an agreement on full financial responsibility.

The agreement and contract are drawn up in two copies (one for each party), unless more copies are provided for a given employer.

4. Registration of the transfer agreement and an agreement on full financial liability in the manner established by the employer. For example, an agreement can be registered in the register of agreements for employment contracts with employees, and an agreement on full financial liability - in the journal of registration of agreements on full financial liability with employees.

5. Handing the employee his copy of the transfer agreement.

The employee’s receipt of a copy of the agreement should be confirmed by the employee’s signature on the copy of the agreement, which remains in the custody of the employer. We recommend that you put the phrase “I have received a copy of the agreement” before your signature.

If an agreement on full financial responsibility is signed with the employee, then one copy of it is also given to the employee.

6. Issuance of an order (instruction) on the transfer of an employee to another job.

7. Registration of this order (instruction) in the order established by the employer, for example, in the log of orders (instructions).

8. Familiarization of the employee with the order (instruction) against signature.

Notes

* Information about temporary transfer is not entered into the employee’s work book. Therefore, it is recommended to resolve with the employee the issue of issuing him a copy of the temporary transfer order, duly certified, so that the employee can in the future, if necessary, confirm that he performed this work.

** The issue of entering information about a temporary transfer into a personal card is controversial in practice.

*** Upon expiration of the temporary transfer period, an order may be issued to terminate the temporary transfer period.

• Book

How long must the employer notify the employee about the end of the temporary transfer?

But in practice, it is recommended to issue an Order on the expiration of the temporary transfer, which eliminates any risk of a dispute with the employee regarding recognition of the temporary transfer as permanent. In this case, there is no need to conclude an additional agreement, because The transfer deadline was initially indicated in the add. temporary transfer agreement. Details in the materials of the Personnel System:

1. Situation: How to formalize the termination of a temporary transfer

After the end of the transfer period, it is advisable to issue an order to provide the employee with the previous job, since if at the end of the transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation).

How is the termination of a temporary transfer formalized?

Labor Code of the Russian Federation);

• women with children under three years of age, and persons raising such children without a mother (Articles 259 and 264 of the Labor Code of the Russian Federation).

CollapseShow About the need to report to work to provide an explanation for absence from work Absenteeism is one of the most common violations of labor discipline. But before applying a disciplinary sanction to an employee, it is necessary to request a written explanation from him (part one of Article 193 of the Labor Code of the Russian Federation). If the employee does not show up at work, he is sent a notice requiring him to appear at work to provide an explanation for his absence from the workplace.

But the employee’s failure to provide an explanation is not an obstacle to applying a disciplinary sanction (part two of Article 193 of the Labor Code of the Russian Federation).

Expiration of temporary transfer period

• to perform work during the season (weeding vegetables, harvesting, heating season, etc.);
• if it is necessary to perform work that is not part of the organization’s core activities (for example, repairing premises or setting up and starting up equipment);
• to complete a specific task, the completion date of which cannot be predicted in advance and the result of the work will be accepted upon drawing up the act;
• with persons sent from the territorial employment center to perform public works or military commissariats to perform alternative service (for example, if religion does not allow one to give military duty to the Motherland);
• during industrial practice;
• other cases provided for by the provisions of Art.

Temporary transfer to another job

Temporary transfer is one of the ways of personnel maneuvering. Article 72.1 of the Labor Code defines it as a temporary change in the labor function of an employee and (or) a structural unit while continuing to work for the same employer, as well as a transfer to work in another location together with the employer. It is noteworthy that a change in a structural unit can be considered a transfer only if this structural unit is specified in the employment contract.

The procedure for temporary transfer to another job is regulated by Article 72.2 of the Labor Code. It provides for the temporary transfer of an employee: - with his consent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation); - without his consent (parts 2 and 3 of article 72.2 of the Labor Code of the Russian Federation). A transfer without the employee’s consent is always associated with an emergency situation, but this is a separate topic for discussion.

Receive and sign: we notify the employee about...

Attention

That does not prevent her from terminating her employment relationship on her own initiative at any time when she considers it necessary for herself. For what purpose is the notice sent? Since the norms of the second paragraph of Art. 77 of the Labor Code of the Russian Federation establishes that the basis for termination of an employment contract can only be the end of the term of the employment relationship, if one of the parties has demanded its termination, notification in writing serves as documentary evidence of the legality of termination of the employment relationship. Otherwise, if the management did not notify the employee about the expiration of the contract and allowed him to continue working upon dismissal, the employer must be prepared that when applying to the judicial authorities, his actions will be considered unlawful and the employee will have to be reinstated in his previous position with payment of compensation for the time forced absenteeism.

Do I need to notify an employee about the end of the employment contract?

An employee, with his consent, can be transferred either to a more qualified job or to a job that requires less qualifications. Temporary transfer period. The duration of the transfer depends on the reason for it. If the basis for the transfer is to replace a temporarily absent main employee, the temporary transfer may last until he returns to work.

For all other reasons, for example, if an employee is temporarily transferred to a vacant position, the transfer period should not exceed one year. If, at the end of the period, the employer did not provide the employee with the previous job, and the employee did not demand to provide it and continues to work, the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent (Part 1 of Article 72.2 of the Labor Code of the Russian Federation). If the position being filled is vacant, you should especially carefully monitor the timing of the temporary transfer.

That is, as soon as the absentee appears at work, the temporary employee should be sent a written notification that, in connection with the departure of the main employee, he is given his previous place of work, and indicate the date. The employee must read the notice against signature. Based on this document, the employer should issue an order and be sure to familiarize the employee with it.

If the departure date of the previous employee is known, it is better to do all this in advance. The notification and order will confirm that the period of temporary transfer has ended and the employee has been given his previous job. If the agreement and order indicate a specific period of transfer, for example from 08/10/2013 to 09/25/2013, then an order to provide the employee with the previous place of work does not need to be issued.

How to confirm preferential service if the transfer is temporary and an entry about it is not made in the work book? In this case, preferential service is confirmed only on the basis of personalized accounting information, which the employer submits to the Pension Fund for each employee on a quarterly basis no later than the 15th day of the second month following the reporting period. If an employee works in special working conditions or has the right to an early pension, the policyholder submits form SZV-6-1 “Information on accrued and paid insurance contributions for compulsory pension insurance and the insurance experience of the insured person,” which was approved by the resolution of the Pension Fund of the Russian Federation Board dated July 31. 2006 No. 192p.

CollapseShow On dismissal due to unsatisfactory test results In accordance with Part 1 of Art. 71 of the Labor Code, if the test result is unsatisfactory, the employer has the right to terminate the employment contract with the employee before the expiration of the test period, warning him in writing no later than three days in advance. In this case, the employer must necessarily indicate the reasons that served as the basis for recognizing this employee as having failed the test. Here it is necessary to keep in mind that the dismissal of an employee due to an unsatisfactory test result will be unlawful if a test clause was not included in the employment contract, because

its absence in the contract means that the employee was hired without a test (letter of Rostrud dated March 11, 2010 No. 4\642-6-1).

Important

Based on the additional agreement, the employer issues an order using unified forms No. T-5 or T-5a, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1. The employee must be familiarized with the order against signature. Personal card. The employer must make an entry about the temporary transfer in section III of the employee’s personal card “Hiring and transfers to another job” (form No. T-2, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).

The employee must be familiarized with each entry against signature. Employment history. An entry in the work book about a temporary transfer is not made.
When the employer changes Temporary transfer to another job is carried out within the same organization. An exception to this rule is made only for athletes. Under certain conditions, they can be temporarily transferred to another employer (Part 1 of Article 348.4

Labor Code of the Russian Federation). Conditions for temporary transfer to another job with the consent of the employee Labor function and qualifications of the employee. Temporary transfer is possible both with the preservation of the job function, for example, when transferring to another department to perform the same work, and with its change, if the level of professional training of the employee and practical experience of his work allow him to perform other duties. In this case, in any case, the transferred employee is released from performing labor functions under his main employment contract.

Such an order does not have a unified form, so compose it in any form. Popular questions If the condition of the agreement on the temporary nature of the transfer has lost force and the transfer is considered permanent, then to document this situation it is recommended to draw up a new additional agreement between the employee and the employer on changing the nature of the transfer and issue an appropriate order. Among other things, you will need to make entries about the permanent transfer in the employee’s work book and personal card (Article 66 of the Labor Code of the Russian Federation, instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). It should be noted that if, at the end of the temporary transfer of a foreign employee, carried out without his consent, it is impossible to provide him with his previous job, then he must be fired (Clause 10, Part 1, Article 327.6 of the Labor Code of the Russian Federation).

An employee's absence from work or an empty vacancy adversely affects the production process. To prevent company employees from getting “lost” in the responsibilities 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 job 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 location together with the organization. Paragraph 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 states that the structural divisions of an organization should be understood as its branches, representative offices, departments, workshops, sections, etc. And by another area - an 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 temporarily absent employee.

Get consent

The temporary transfer of an employee occurs in accordance with the provisions of Article 72.2 of the Labor Code. The transfer can be carried out either with or without the employee’s consent.

However, in the latter case, the transfer can be made only if there have been natural or man-made disasters, industrial accidents, industrial accidents, fire, flood, famine, earthquake, epidemic (epizootic) and in any other cases that threaten life and normal life 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 or the need to prevent destruction or damage to property. In this case, the transfer cannot be made to a job that requires lower qualifications, and the period of stay in the 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 a job 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 an employee in its own interests. For example, increase productivity or temporarily replace an employee whose duties are necessary for the company.

The employee, in turn, during the transfer strives for career development and salary increases.

The employer is not obligated 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 work responsibilities of an absent employee are performed by several people at once, which interferes with normal work.

Attention

If the employee has agreed to a temporary transfer and all the necessary documents have been completed, then the employee completely ceases to perform his duties and begins to work in another position.

One of the most important properties inherent in temporary transfer is its urgent nature. In accordance with Part 1 of Article 72.2 of the Labor Code, a 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 end of the transfer will be the date that precedes the day the main employee leaves.

The salary during 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 maintained or additional payment may be made.

If a temporary transfer was carried out without the employee’s consent, then wages must be paid no lower than the average earnings that the employee received in his 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 initiator of a temporary transfer is the employer. He must make an appropriate offer to the employee. This proposal can be made either in writing or orally.

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

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

There is no deadline for transmitting this document to the employee.

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

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

The additional agreement states:

• date and place of compilation;
• Name of the organization;
• an employee transferred to another job;
• employee's position;
• reason for transfer and position to be replaced;
• term of temporary transfer;
• documents that an employee must follow when performing new duties;
• salary amount;
• details of the parties.

The clause about the reason for the transfer may contain different wording. For example:

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

When drawing up a clause on the period 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 additional agreement will expire on March 11, 2013” ​​or “The parties have determined that the additional agreement will be valid until the vacant position is filled by a permanent employee.”

In the event that a temporarily absent employee is being replaced and the termination of the temporary transfer depends on the fact that the employee leaves (from annual paid or educational leave, return from a business trip, the end of a period of incapacity, etc.), then the agreement should indicate the condition upon the occurrence of which its action ceases. For example:

“The additional agreement is terminated, and employee E.E. Egorov returns to the position of Deputy Marketing Department until the date of departure 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 departure of the main employee. Thus, an employee can be found for a vacant position 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, conversely, be delayed.

Next, 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 issued using unified forms No. T-5 or No. T-5a.

When filling out these forms, you should pay attention to the “Transfer to another job” option. In it, the “Date” column is filled in taking into account the wording about the transfer period. So, in the “from” field the date from which the employee begins to perform duties at the new job is entered, and in the “to” field there is either a dash (the end date is not defined) or the end date of the work period.

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

Some experts are of the opinion that you should not fill out a personal card. 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, marks are also made in the employee’s personal card.

After completing all of the above documents, the employee must be familiarized with the job description (against signature). If working conditions require this, safety and labor protection instructions are also provided, a liability agreement is concluded, etc.

In accordance with the provisions of labor legislation and paragraph 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 about a 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 his old position. In order to avoid controversial situations, it is first necessary to send the employee a notification about the return to work of the main employee, 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. goes to work. Sidorova. In this regard, we are providing you with your previous job as deputy head of the department, whose duties you must begin on February 16, 2013.”

An order should also be issued to terminate temporary duties and return to the old position. It is drawn up in any form. Next, 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"

Registration of early termination of a temporary transfer to replace a vacationer 09/27/2016

The employee was issued a temporary transfer to replace a temporarily absent employee who is on parental leave. The main (temporarily absent) employee has not yet left, but there is a need for the replacement employee to return to his previous job. He agrees. How to arrange this?

As follows from the question, the period of temporary transfer has not yet come to an end, the replaced employee has not returned to work - according to Part 1 of Art. 72.2 of the Labor Code of the Russian Federation “by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with According to the law, the place of work is preserved until the employee returns to work.” Accordingly, this transfer does not end with the departure of the replaced employee. But the parties - the employer and the replacement employee - by mutual agreement can arrange a new independent transfer to the previous job. In this case, they will probably prefer to arrange a permanent transfer. The parties have the right to do this on the basis of Art. 72 and Art. 72.1 Labor Code of the Russian Federation.

According to Art. 72 of the Labor Code of the Russian Federation “changes in the terms of the employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, except for cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.”

According to Part 1 of Art. 72.1 of the Labor Code of the Russian Federation “transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location with an employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code.”

So, for the early return of the employee to his previous position, the parties need to sign a written agreement to the employment contract. Then an order for transfer to another job is issued, which the employee is familiarized with in writing against signature.

The publication covers in detail the topic of transfers and movements of workers (permanent and temporary transfers, transfer to another job in accordance with a medical report, transfer of an employee together with the employer to another area and other features of the movement of workers). Everything is "laid out on the shelves." A lot of practical issues are considered, examples from personnel and judicial practice are given. The authors tried to cover as many questions as possible on the topic. The manual also provides numerous sample documents on the topics covered.

Benefit available only in electronic form with the possibility of self-printing.

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In the previous issue of the Personnel Officer's Handbook, we examined the procedure for temporary transfer by agreement of the parties. In the current issue we will dwell on the consequences of its expiration. So, the period of temporary transfer by agreement of the parties ended with the arrival of the calendar date determined when the transfer was made, or with the event - the return to work of an absent employee, whose place of work was retained in accordance with the law, if the transfer was carried out to replace this employee. At the end of the transfer period, the employer must provide the employee with the previous job. A situation is possible when the employer wants the employee to continue working in the position to which the transfer was made, but for some reason the employee is not satisfied with this. In this case, he has the right to demand the provision of his previous job. Let's consider both of these options.

At the end of the transfer period, there are two options for providing the previous job. If the transfer period has expired and the parties have no reason or desire to continue the employment relationship for the job to which the employee was temporarily transferred, then the employer provides him with the previous job. If the transfer period has expired, but the employer for some reason does not provide the employee with the previous job, the employee himself may demand that it be provided.

Stage 1. Receiving an employee’s application for the provision of his previous job in the case when the work is not provided, and the employee demands its provision

The employee does not need to write an application when the period of temporary transfer expires when the main employee returns to work and the employer provides the employee with the same job. Also, this stage is absent in the case when the period of temporary transfer expires on a certain calendar date and the employer provides the employee with the same job.

In the event that, after the expiration of the temporary transfer period, the employee’s previous job is not provided for some reason, and he demands its provision, he can make a corresponding request to the employer. In large organizations, where it is customary to draw up internal documents on all issues, and also to ensure that his request is definitely considered, an employee can express his desire to be given his previous job in writing.

The employee’s application in this case is not a mandatory document. An employee can make an oral request to the employer to provide him with his previous job.

By the way

Please note: the consequences of the expiration of a temporary transfer to another job by agreement of the parties differ from the consequences of the expiration of a fixed-term employment contract. Part 4 art. 58 of the Labor Code of the Russian Federation provides: if none of the parties demanded termination of a fixed-term employment contract due to the expiration of its validity period, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded for an indefinite period. That is, if a fixed-term employment contract is not terminated on the last day of its term, then from the next day this employment contract is considered concluded for an indefinite period. Only the fact that the employment contract has expired has legal significance. In this case, no additional documents are required, the employee continues to work and his employment contract may be terminated in the future for any reason, except for the expiration of the employment contract (Clause 2, Part 1, Article 77 of the Labor Code of the Russian Federation).

The consequences of the expiration of the temporary transfer period are formulated in Part 1 of Art. 72 2 of the Labor Code of the Russian Federation differently. If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent. The mere fact of the expiration of a temporary transfer does not mean that the temporary transfer is considered permanent from the next day after its expiration, as happens in the case of the expiration of an employment contract. In order for the transfer to be considered permanent, additional conditions must be present: the work was not provided to the employee, he did not demand its provision and continues to work. Labor legislation also does not contain any period during which the previous job must be provided to the employee after the expiration of the temporary transfer

Step 1. Receive and register the employee’s application

An employee’s application for a previous job must be properly registered in a special accounting form designed for registering internal documents, for example in the Employee Application Register

Note! If an employee, at the end of the transfer period, demands that he be given his previous job, the employer is obliged to do so.

The application is registered on the day of receipt. The assigned registration number is indicated on the application.

Step 2. Send the employee’s application to the manager

To make a decision on the merits of the stated request, the application is sent to the head of the organization or other official who has the right to make a decision on changing employment contracts.

Step 3. We receive the employee’s application with the manager’s resolution

The resolution of the head of the organization or other authorized official on the employee’s application identifies the employee who is entrusted with drawing up a draft order on the provision of the previous job.

Step 4. Submit the employee’s application to the case

After the employee responsible for drawing up the draft order has familiarized himself with the employee’s application and the employer’s resolution, a mark is placed on the application to send it to the case. The mark includes the words “For file” and the file number in which the document will be stored. The note must be signed and dated by the employee filing the document.

A note about sending the application to the file is also made in the registration form.

By the way

During the period of his temporary transfer to another job by agreement of the parties, an employee is usually replaced by another employee. In this regard, the provision of the previous job is the basis for the following actions: 1) termination of a fixed-term employment contract due to the expiration of its term, if another employee is working under a fixed-term employment contract (including on a part-time basis - internal or external),

concluded during the absence of the main employee, temporarily transferred by agreement of the parties to another job; 2) termination of the temporary transfer and provision of work provided for by the employment contract, if the other employee was also, in turn, temporarily transferred (the so-called “cascade transfer”);

3) cancellation of additional work according to the rules provided for in Part 4 of Art. 60 2 of the Labor Code of the Russian Federation, if the work of the transferred employee was distributed among other employees of the organization on the basis of combining, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract.

Stage 2. Issuing an order to provide the employee with his previous job

Note! The procedure for providing previous work is not regulated by labor legislation.

At the end of the transfer period, the employer can provide the employee with the previous job. Obviously, the provision of previous work must be done in writing, otherwise in the event of a dispute, the employer will not be able to prove that the employee was provided with the work provided for in the employment contract.

Step 1. We draw up a draft order

The order (instruction) of the employer to provide the employee with the previous job is drawn up in any form. The order states that from a certain date the employee must begin to perform the duties stipulated by his employment contract in connection with the expiration of the temporary transfer to another job.

Step 2. Sign the order

An order to provide an employee with his previous job is signed by the head of the organization or another authorized person.

Step 3. Register the order

An order to provide an employee with his previous job must be registered in a special accounting form, for example, in the Register of Orders for Personnel.

The corresponding registration number and registration date are indicated on the order.

Step 4. Introduce the employee to the order for signature

The employee must be familiarized with the employer's order to provide the previous job against signature. Employees to whom the instructions in the text of the order are addressed should also be familiarized with the order.

Step 5. We send the order to the case

An order to provide an employee with his previous job is an order for personnel, which is stored separately from orders for the main activity. A note is made in the lower left corner of the order regarding the sending of the order to provide the previous work to the file. A note about sending the order to the case is also made in the registration form.

Stage 3. Providing the employee with the previous job

The employee is provided with the work provided for in his employment contract on the day specified in the employer’s order.

Stage 4. Recording information about the employee in the work time sheet

The employer is required to keep records of the time actually worked by each employee.

To record the time actually worked by the employee, a timesheet for recording working time and calculating wages (form No. T-12) or a timesheet for automated processing of accounting data (form No. T-13), approved. Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.