Appealing the transfer and relocation of employees

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In legal practice, labor disputes related to the transfer or relocation of employees are not uncommon. In case of violation of labor legislation, rights and interests of the employee, the employer may face legal proceedings.

To prevent this, first of all, it is necessary to clearly distinguish between two concepts - relocation and transfer. 

Transfer means the transfer of an employee to another organization, enterprise or settlement. A relocation is a change of an employee's workplace with the same employer without changing the labor function.

Transfer requires the mandatory consent of the employee (written), and in the case of relocation it is not always necessary. But the key point is the employment contract, the terms of which must not be changed.

By labor activity is understood:

• occupation - profession;
• specialty - the specific field, specialization in which you work;
• position - the name of a staff unit provided for in the staffing table of a particular enterprise.

The Labor Code allows for a significant change in working conditions, but the employer must warn the employee under personal signature at least 2 months in advance.

Material conditions of the labor contract may concern the scope of work performed, the amount of wages, benefits, etc.

The law allows temporary transfer of an employee for a period not exceeding 1 month. Such a transfer is allowed in exceptional cases related to the elimination of the consequences of a natural disaster, epidemic, etc.

Upon expiration of the transfer period, the employee shall return to the performance of his/her former duties at the main place of work. His refusal to do so may become a reason for disciplinary liability.

Grounds for transfer and relocation

The key grounds for transfers and relocations of employees should include:

• staff reduction;
• change of structure;
• epidemic;
• accident;
• replacement of a temporarily absent employee to avoid downtime;
• natural disasters;
• state of health.

If an employee is transferred to work on another equipment or machine, it cannot be considered as a transfer. The transfer or relocation must be confirmed by a documented order of the institution.

Grounds for transfer

Transfer is possible only with the written consent of the employee or at his/her request. In exceptional cases, when the transfer does not require the consent of the employee, a memo from the head of the structural unit or manager is sufficient.

Transfer and performance of a different labor function are not identical concepts. A person can be obliged to perform work not stipulated by the employment contract only in case of transfer due to natural disasters, force majeure, etc.

If an employee's transfer is due to downtime, written consent is required. Such a transfer is not entered in the labor book. All the nuances, the procedure for remuneration and other key aspects are specified in the order for the institution.

Transfer to lighter work

In a number of cases, the employee can not perform the duties that are conditioned by the employment contract. Most often this is due to the state of health. In this case, the employer must provide another workplace.

The basis for such a transfer will be a medical conclusion about the state of health of a person. 

If you are faced with an illegal transfer or relocation, your rights and interests are violated, contact Legal Solutions.

Our lawyers are professionals in the field of labor law and will help you defend your interests in the commission on labor disputes and in court.

All you need is to contact us in any convenient way.

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