Unified form T-5: download the form, sample of filling out the unified form T 5

A mandatory condition of the agreement between the employer and the employee is the existence of an employment contract, properly executed in accordance with the Labor Code (LC) of the Russian Federation. This document specifies the rights and obligations of the parties. During the period of validity of the employment contract, the employee may be transferred to another job (Articles 72, 73 of the Labor Code of the Russian Federation).

The reasons for the transfer may be different:

· another position or work on a permanent or temporary basis, as a result of which the terms of the employment contract significantly change;

· changing the functions of the unit in which the employee is located;

· change of location of the employer;

· transfer to work for another employer by transfer;

· medical report drawn up in accordance with the current legislation of the Russian Federation.

Legal basis for transferring an employee to another position

All employees of the organization must perform the job functions clearly defined for them by the employer and stipulated by the employment contract.
However, it often happens that it is necessary to change some provisions of the contract, in particular when transferring a specialist from one position to another. The legal basis for such a process is enshrined in Art. 72.1 of the Labor Code of the Russian Federation, according to which transfer from position to position means:

change of function performed by an employee at the enterprise;
his transfer from one department/department of the company to another;
moving with the company to a new geographical territory.

In general, in order to transfer a specialist, it is necessary to obtain his consent in writing (Article 72.1 of the Labor Code of the Russian Federation). However, it is important for a specialist to remember that the legislator made some exceptions here, which will be discussed further.

In addition, in any case, the employee is obliged to comply with labor protection rules.

For more information on this, see the article “What are the responsibilities of an employee regarding labor protection (list)?”

The employer company, in turn, should not forget that, regardless of the weight of the reason, it is impossible to transfer an employee to a job that he is prohibited from performing due to the characteristics of his health (for example, in the presence of chronic diseases, etc.).

Do you manage the footage? Our forum will be useful to you. For example, here you can find out how to combine positions in the 1C program.

Extract

Unlike a copy, an extract contains only part of the required information. It is also drawn up when the original document is too voluminous.

It is compiled according to the following rules:

The head of the company writes an application for drawing up an extract. It indicates the original document, as well as the reasons for its preparation.
The document itself must include the following points:
Full name and position of the compiler;
part of the original document on the basis of which the extract is written;
Date of preparation;
signature of the employees responsible for this document.

Labor legislation does not provide for a specific form, so it can be drawn up by HR department employees in any form. Or it may be specified in the company’s local legal acts.

The presence of a seal and a corresponding entry in the document log is optional.

The statement itself is filled out as follows:

The company name is indicated at the top of the document.
Below is the document from which the extract is made, as well as its internal number.
In the middle, the location of the company itself is indicated, as well as the date the statement was compiled.
Below is the content of the original document. It is important that it must be written absolutely accurately. The presence of any changes or edits is unacceptable.
At the very bottom is the signature of the head of the organization, as well as the person who compiled this document. Sample form and sample statement:

Types of transfer depending on the reason for transfer to another position

So, depending on the reason for the transfer, an employee can change one position to another (Article 72.1 of the Labor Code of the Russian Federation):

temporarily;
on an ongoing basis.

A temporary transfer implies a change in an employee’s position for a predetermined period (for example, during the absence of a full-time specialist).

Note! Temporary transfer is possible within 1 year or until the replaced specialist returns to work. If, after this period, the employee continues to work in a temporary position and the employer does not require him to return to his previous job, the transfer is considered permanent (Article 72.2 of the Labor Code of the Russian Federation).

As noted above, a change in an employee's position usually requires his or her written consent.

Recommendations from ConsultantPlus will help you draw up an additional agreement to the employment contract on changing the employee’s position. Get trial access to the system for free and go to the Guide.

However, this is not always the case with temporary transfers. For example, you can forcibly change the position of a specialist if some kind of natural disaster or emergency situation occurs, and also if:

such a disaster caused production downtime;
because of it, it was necessary to urgently prevent damage to the company’s property or replace a temporarily absent specialist with another full-time employee (Article 72.2 of the Labor Code of the Russian Federation).

However, without the consent of a specialist, it can be transferred for a period of no longer than 1 month.

Important! Even in this case, only with the consent of the specialist can he be transferred to a position that, in terms of the level of required qualifications, is lower than his current one.

If we are talking about a transfer on a permanent basis, it is possible only with the consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). The above is also true in the case when the company changes its location, i.e. moves.

However, there are cases when a transfer to a permanent new position can be carried out forcibly:

When expressly required by law. For example, if a specialist cannot continue to work in his previous position due to health conditions, there is medical information about this. conclusion (Article 73 of the Labor Code of the Russian Federation).
If the company intends to reduce staff. It must first offer employees options for transitioning within the company.

For information on how a company should document a staff reduction, see the article “Order on dismissal due to staff reduction - sample.”

Reasons

In order for the increase in wages for certain employees to be justified, it is necessary to draw up some documents that will regulate adjustments in payment for work. In addition, it is necessary to provide the worker with a notice so that he can sign.

If, in addition to increasing wages, a worker needs to change his position, then he must act in accordance with Article 72.1 of the Labor Code of the Russian Federation.

There may be important reasons for increasing the salary, including inflation . To properly justify a salary increase, you need to rely on specific facts. These include:

the employee became the owner of a higher education diploma;
the employee has completed advanced training courses;
the worker has received additional education;
the employee has extensive work experience and experience;
the worker’s responsibility for the work performed has increased;
the size and quality of labor indicators has increased.

An example of justification for increasing wages for certain workers on a document may look like this (message from the commercial director to the general director): Due to the fact that sales volume has increased by 30%, as well as the quality of customer service, and so that these achievements are maintained at the appropriate level, I propose to increase the salaries of managers (six full-time units) by 4,000 rubles. from April 2021.

Preparation of necessary documents and order for transfer to another position

So, if the transfer is temporary, it is formalized by order of the employer. Moreover, in cases where the employee’s consent is necessary, the order is drawn up on the basis of an agreement between the employee and the company.

Important! The temporary transition is not recorded in the work book.

For a permanent transfer, a similar algorithm applies: after obtaining the employee’s consent, an additional agreement to the employment contract is drawn up, after which the company issues an order for the transfer. At the same time, the company should remember that information about the permanent transfer must already be reflected in the employee’s work book.

Thus, any transfer is formalized by order.

You can find out what other documents need to be completed and download samples of them in ConsultantPlus. Get trial access to K+ for free and go to the Collection of forms “Registration of transfer to another job. Changes in working hours and wages.”

Currently, there is an approved order form T-5, which you can download on our website.

In an order to transfer an employee to another position, the company should indicate which specialist (his personal data), from which and to which position he is transferring, for how long (if the transfer is temporary), and also provide the reason for the transfer.

How to design - algorithm

To increase your salary, an employee must adhere to a certain procedure , which is as follows:

It is necessary to draw up a memo regarding the salary increase.

Issue an order to increase payment for work.

Conclude an additional agreement with the employee that the salary will be increased.

Find out how to increase your salary from the video:

Results

Transferring an employee from one position to another is a fairly common practice.
At the same time, it is important for companies not to forget that in general this can only be done with the consent of a specialist. The transfer is formalized by order of the head of the company, where, in particular, the reason for the transfer should be indicated, as well as the period during which the transfer will be valid (if the employee is transferred for some time). You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Nuances associated with preparing an order

All actions taken by the organization's management must be justified. This means that the reasons for personnel changes must be recorded in the appropriate document. Most often, applications filled out by the company employee himself are used as a basis for transfer to another position. This document provides information that supports management's decision. Much less often, personnel changes are carried out on the basis of a memo from the official supervising the work of a certain department. This document must contain compelling reasons for initiating the transfer procedure.

It is important to note that when this procedure is initiated by the employer himself, the employee must receive written notification of upcoming personnel changes.

The preparation of such documents is carried out by officials from the personnel department. In some cases, documentation may be completed by the head of a department or the company secretary. In all of the above situations, a lawyer should be involved in preparing the accompanying documentation. After the order in question has been prepared, it is handed over to the transferred employee for review. If the employee agrees with the new working conditions, the order is approved by the director of the company.

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