When consent to transfer to another position is mandatory
Posted: Tue Jan 21, 2025 9:12 am
Consent to transfer to another position is one of the most difficult topics of the personnel decision we are discussing. The transfer procedure is not often used by employers, but there are a number of grounds in labor legislation on which a specialist may refuse to transfer to a new position. Of course, a demotion in position or salary is not always caused by the malicious intent of management, but the employee should monitor whether the following points are present in the case:
The transfer may cause a loss of health, which means that the employee may refuse the new post on the recommendation of doctors. Then the company can do the following: if a transfer is necessary for up to 4 months, for this time the specialist is suspended from performing his duties without wages, but with the retention of the workplace. If the replacement must take place for more than 4 months or on a permanent basis, refusal of another position or the absence of an appropriate place may become the basis for termination of the employment contract (Articles 73, 77 of the Labor Code of the Russian Federation).
The alternative position boost your business with our doctor database has lower qualification requirements and/or is associated with a lower salary. The employee is subject to dismissal, of which he must be notified at least 60 days before the appointed date of termination of the contract.
The transfer is caused by the specialist losing the right to perform professional duties. If it takes less than two months to restore them, the employer may, if desired, offer to keep the position without pay. If the renewal of permits takes a period of 2 months or more, and the employee himself does not agree to a demotion, his dismissal is allowed.
A pregnant employee is offered a position with lighter duties. By law, the employer is obliged to offer such an option to the expectant mother, but she has the right to refuse if this does not affect her work productivity.
The transfer is related to the organization's relocation outside the locality. Then the employee is dismissed and receives severance pay.
In the event of a staff reduction, the employer must offer the employee another position - this is required by law. If this option is not possible or the employee refuses to transfer to a vacant position, he is fired, having been notified in advance two months.
When it comes to how to transfer to another position, the law protects the employee's rights, giving him great preferences. Note that the very idea of ​​protecting the employee is one of the main ones in the labor legislation of the Russian Federation.
According to experts, the employer has many other instruments of influence on the personnel that are outside the legal field. And since in our country the grey calculation of wages and semi-legal registration (for a short period, with the help of a contract for the provision of services, etc.) are still actively practiced, the only protection of employees and guarantee of compliance with the employer's obligations remains a tough position on the protection of rights in the Labor Code of the Russian Federation.
Requirements
The transfer may cause a loss of health, which means that the employee may refuse the new post on the recommendation of doctors. Then the company can do the following: if a transfer is necessary for up to 4 months, for this time the specialist is suspended from performing his duties without wages, but with the retention of the workplace. If the replacement must take place for more than 4 months or on a permanent basis, refusal of another position or the absence of an appropriate place may become the basis for termination of the employment contract (Articles 73, 77 of the Labor Code of the Russian Federation).
The alternative position boost your business with our doctor database has lower qualification requirements and/or is associated with a lower salary. The employee is subject to dismissal, of which he must be notified at least 60 days before the appointed date of termination of the contract.
The transfer is caused by the specialist losing the right to perform professional duties. If it takes less than two months to restore them, the employer may, if desired, offer to keep the position without pay. If the renewal of permits takes a period of 2 months or more, and the employee himself does not agree to a demotion, his dismissal is allowed.
A pregnant employee is offered a position with lighter duties. By law, the employer is obliged to offer such an option to the expectant mother, but she has the right to refuse if this does not affect her work productivity.
The transfer is related to the organization's relocation outside the locality. Then the employee is dismissed and receives severance pay.
In the event of a staff reduction, the employer must offer the employee another position - this is required by law. If this option is not possible or the employee refuses to transfer to a vacant position, he is fired, having been notified in advance two months.
When it comes to how to transfer to another position, the law protects the employee's rights, giving him great preferences. Note that the very idea of ​​protecting the employee is one of the main ones in the labor legislation of the Russian Federation.
According to experts, the employer has many other instruments of influence on the personnel that are outside the legal field. And since in our country the grey calculation of wages and semi-legal registration (for a short period, with the help of a contract for the provision of services, etc.) are still actively practiced, the only protection of employees and guarantee of compliance with the employer's obligations remains a tough position on the protection of rights in the Labor Code of the Russian Federation.
Requirements