The company operates under the influence of a large number of different factors, so it periodically has to coordinate its work. Each party to the labor relationship may propose to change the employee’s job responsibilities. In accordance with the law, this will constitute a transfer to another job. It can be at the initiative of the employer or employee, permanent or temporary, requiring the mandatory consent of the employee or without it.
There are also transfers of personnel to another organization, as well as to another location. In all cases, the enterprise must draw up an order for the transfer of the employee .
The procedure for applying an order to transfer to another job
This document is drawn up on the basis of a report or memo, additional agreement, or employee application. The organization has the right to use a unified labor accounting document, form T-5, or an order drawn up in any form on company letterhead.
In the latter case, it must contain all the mandatory details provided by law. The order is issued by the personnel department in one copy and recorded in the order book. After this, it is signed by the manager, and the employee is familiarized with the signature.
Upon application, the employee may be given a copy of this document. If a permanent transfer is carried out, then within 7 days an entry must be made in the employee’s work book based on this order. The unified form T-5 of an order to transfer an employee to another job is contained in many specialized programs; it can be found at the end of the article.
When is the document drawn up?
Let's start with the fact that T-5 is a unified form for an order to transfer an employee, proposed by the State Statistics Committee. Today, commercial companies have a choice: use this sample or develop their own version containing all the necessary details.
According to the requirements of Article 72.1 of the Labor Code of the Russian Federation, an order to transfer T-5 is issued provided that the good will of the parties is documented. This means that its registration is preceded by the receipt of one of the following documents:
- a handwritten statement from the employee confirming consent to the transfer, signed by the manager who supported the initiative.
- notification to the specialist about the planned transfer, on which the citizen indicated “I do not object” and put a handwritten signature.
When the parties have reached an agreement regarding the upcoming personnel reshuffle, they enter into an additional agreement to the employment contract. It specifies which clauses of the original contract are subject to change (for example, schedule, wages, list of responsibilities, place of work), and stipulates that other provisions remain unchanged.
The final step of the procedure is the issuance of an order. Personnel officers of the enterprise can form T-5 at the end of the article and use it as a sample, securing it with the internal acts of the company.
Sample of filling out an order to transfer an employee to another job
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The HR inspector, in strict accordance with the constituent documents, fills in the name of the company (full or abbreviated) and enters the enterprise code in OKPO statistics.
The document receives the next number from the order registration book and the date is filled in. The period of transfer is indicated in the corresponding columns. If changes in job functions occur on an ongoing basis, then there is no need to fill in the end date. The following lines contain the employee’s personal data (full name), as well as the type of transfer.
In the sections “Former place of work” and “New place of work”, data about old and new structural divisions and positions is recorded. The order must include the reason for the change in job duties, which is indicated in the corresponding line.
A change in job responsibilities affects the amount of remuneration, so the order must reflect the new salary and, if any, allowances.
In the “Bases” , the name of the document on the basis of which the translation is carried out, as well as its details (date and number), is indicated.
The order fills in the position of the manager, puts his signature and its transcript. After reading it, the employee endorses it and indicates the date of review.
An important nuance of using the T-5a form
The use of form No. T-5a, however, has one risk.
In accordance with Art. 62 of the Labor Code of the Russian Federation, an employee has the right at any time to request a copy of the order for his transfer from the enterprise. In the case under consideration, the order will include personal data - and not only of the applicant, but also of his other colleagues. It is important to prevent their “leakage” outside the enterprise.
This can be ensured, for example, by including in the Regulations on Personal Data, which employees must follow, rules on the inadmissibility of disclosing the contents of orders from superiors.
In addition, employees should not have any objections to the fact that their colleagues will see any of their personal data. The most “sensitive” type of personal data in this payment is salary. If it is represented by a net salary - which is given in form No. T-5a, then it is better, of course, to use “personalized” orders in form No. 5.
But if the salary is only a part of the salary (and it is difficult or impossible to “calculate” its exact size) - that’s a different matter. You can make a collective order and not be afraid that certain employees will be outraged by the widespread “advertising” of their earnings to the entire office.
Features of filling out some orders for transfer to another job
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In the practice of an enterprise, there are cases when a temporary transfer is carried out, but the exact date of its completion is difficult or impossible to determine.
For example, performing the labor functions of a temporarily absent employee who is undergoing treatment. In this case, in the “to” column the date is filled in after the end of the transfer, and in the “Type of transfer” column the event that caused the change in labor functions is indicated.
The Labor Code of the Russian Federation provides for such situations when an employee who, for health reasons, is transferred to a job with a reduced salary, retains his old salary for a certain time. In this case, the HR department must reflect two salaries in the order. This can be done by adding a corresponding line in the document.
The transfer may affect several employees. In this case, the enterprise has the right to draw up one general order for all employees, either using the unified form T-5a, or in any form.
The employee can be transferred to work in another company. In this case, organizations exchange written requests and cover letters that are attached to the employee’s applications. The peculiarity of this change in labor functions is that an order is drawn up to terminate the employment contract with the indication “transfer to another employer” as the basis.
GLAVBUKH-INFO
They are used to formalize and record the transfer of employee(s) to another job in the same organization or to another location together with the organization. They are filled out by a personnel service employee taking into account the employee’s written consent, signed by the head of the organization or a person authorized by him, and announced to the employee(s) against signature. If an employment contract was not concluded with the employee (the employee was hired before 10/06/92) and his hiring was formalized by order, when filling out the unified form N T-5 “Order (instruction) to transfer the employee to another job” according to the line “Bases” indicates specific documents on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the details “Change to the employment contract” are not filled in. Based on the order (instruction) on transfer to another job, marks are made in the employee’s personal card (form N T-2 or N T-2GS (MS)), personal account (form N T-54 or N T-54a), and the corresponding entry in the work book.The transfer of an employee to another job (position) within the organization must be carried out in accordance with an order, which is drawn up on the basis of an application for transfer or a memorandum justifying the transfer. The order can be issued either in any form or using standardized forms. In this case, regardless of the chosen form, the document is drawn up in one copy by an employee of the personnel department, signed by the head of the organization, as well as by the employee himself.
To draw up an order in free text form, use the organization’s letterhead, designed in accordance with the requirements of GOST R 6.30-97. The text of the order must begin with the word “TRANSLATE”, without an introductory part (preamble). Further in the text you must indicate:
- last name, first name, patronymic and current position of the employee;
- the name of the department and the new position to which the employee is transferred;
- start date, term, working conditions and remuneration in the new position;
- basis for translation (type, motive).
Unified forms No. T-5 and T-5a contain all the necessary details and columns for the correct execution and issuance of an order for the transfer of one or more employees. Therefore, it is recommended to use them. On the reverse side of form No. T-5, notes are also allowed about non-delivered property, material and other valuables belonging to the employee at the previous place of work.
How to indicate the time of transfer in the order In the case of transfer of an employee to a permanent job, in the unified form No. T-5, the column “by” of the “Date” requisite is not filled in or a dash is placed in it. In the case of a temporary transfer, it is not always possible to determine its exact end date. Such cases include: replacing an absent employee whose absence time is unknown (for example: when the employee is on parental leave before reaching the established age); when transferring an employee to another job based on a medical report (for example: temporary transfer to light work due to the employee’s pregnancy, before going on maternity leave). In the above cases, the order form cannot indicate a specific date for the end of the transfer (at least at the time of drawing up the order). There are several ways to solve this problem:
- In the “by” line of the “Date” detail of form No. T-5 (column 9 of form No. T-5a), it is necessary to indicate the event, the occurrence of which (by agreement of the parties) would indicate the end of the employee’s transfer time. The event must be described in full in words; for this, it is possible to change the size of the corresponding column (in accordance with the Procedure for using unified forms of primary accounting documentation, approved by Resolution of the State Statistics Committee of Russia dated March 24, 1999 No. 20).
- The “by” column is not filled in until the event agreed upon by the parties occurs. In this case, when drawing up an order, the event is indicated in the “type of transfer” column of form No. T-5, and the “by” column is filled in only after the occurrence of the event.
How to reflect the tariff rate (salary) in an order According to the Labor Code of the Russian Federation, if an employee, in accordance with a medical report, is transferred within the organization to another lower paid job, he “retains the average earnings for his previous job for one month from the date of transfer, and upon transfer in connection with a work injury, occupational disease or other work-related health damage - until a permanent loss of professional ability to work is established or until the employee recovers.”
In order for the accounting department to correctly accrue the employee, the manager can issue a separate order, but this moment can also be reflected in the unified form No. T-5. To do this, it is allowed to add free lines in the “tariff rate (salary)” section. Attachments:
| Order to transfer an employee to another job, form T-5 | 48 Kb |
| Order on transfer of employees to another job, form T-5a | 42 Kb |
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