In labor relations there are often situations,when a transfer to another position is required, in this case temporary or permanent changes occur in the labor function of the employee. Transfer to another position is also a change in the structural unit where a person works (can occur simultaneously with changes in the labor function). It can be transfer to another locality with the employer. Transfer to another position may be initiated by any party to the employment contract. The procedure can be carried out only with the consent of the employee, except for temporary transfer situations, when it is made in cases caused by certain emergencies.
The transfer of an employee to another position shoulddistinguished from the movement. In this case, there is no change in the labor function and the area of residence and work, the terms of the employment contract. Any translation and transfer must be made only for work that is not contraindicated to the person for health reasons.
Temporary transfer of an employee to another positioncan occur either by agreement between the parties, and without the consent of the employee. In the first case, the term of transfer is limited to the year or period of absence of the main employee, for the replacement of which the transfer to another position is temporarily carried out. This can be done for the period of leave to care for the child of a permanent employee. In the event that during a temporary transfer a person is not returned to his previous job, and he does not demand his return back, the temporary transfer becomes permanent.
In emergency situations (accidents, fires,epizootics, floods, accidents, accidents, etc.) can be temporarily transferred for up to 1 month without his consent. In addition, it can be transferred without consent to prevent the consequences caused by emergencies (simple, damage to property). If a new job is of lower skill, then such a transfer must be made as much after obtaining the consent of the person. Payment for temporary transfers caused by emergencies should be no less than average earnings or higher if the work performed is more expensive.
The procedure caused bystate of human health. In this case, a person who needs a change in work according to the medical report, it is necessary to offer other activities that the employer has and which is not contraindicated to the person. The action can be carried out only upon the written consent of the person. In case of refusal of the employee or absence of such work in the organization, a person is suspended from work, as a rule, without payment. If a longer period (more than 4 months) or a permanent transfer is required, then if the person refuses from him or does not work, he can be dismissed. Exceptions in this case are pregnant women or other categories of workers, protected in this situation by law.</ p>