In an employment relationship, situations often arisewhen a transfer to another position is necessary, in this case temporary or permanent changes occur in the employee’s work function. Transfer to another position is also a change in the structural unit where the person works (can occur simultaneously with changes in the work function). This may be a 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 in situations of temporary transfer, when it is performed in cases caused by certain emergency situations.
Employee transfer to another position shoulddistinguish from move. In this case, there is no change in the labor function and the area of residence and work, the conditions of the employment contract. Any transfer and relocation should be made only to work that is not contraindicated to a person for health reasons.
Temporary transfer of an employee to another positioncan occur both by agreement between the parties, and without the consent of the employee. In the first case, the transfer period is limited to a year or a period of absence of the main employee, for which the transfer is temporarily transferred to another position. This can be done for the period of parental leave for childcare. If, during a temporary transfer, a person is not returned to his former place of work, and he does not require his return, the temporary transfer becomes permanent.
In emergency situations (catastrophes, fires,epizootics, floods, accident, accident, etc.) a person can temporarily transfer up to 1 month without his consent. In addition, it can be transferred without consent to prevent the consequences caused by emergencies (simple, property damage). If a new job is of lower qualification, then such a translation needs to be made as much after obtaining the consent of the person. Payment for temporary transfer caused by emergency situations should be no less than the average salary or higher if the work performed is more expensive.
The procedure caused byhuman health. In this case, the person who needs a change of work according to a medical conclusion must offer another activity that the employer has and which is not contraindicated to the person. Action can be made only with the written consent of the person. In the event of employee refusal or the absence of such work in an organization, the person is suspended from work, usually without pay. If a longer period (more than 4 months) or a permanent transfer is required, then if the person refuses it or if there is no work, he may be dismissed. The exception in this case are pregnant women or other categories of workers protected in such a situation by law.
