Permutation of personnel is ... Personnel reshuffling in the organization

Most of the work of the human resources department is to a certain extent connected with the solution of the issues that arise in the case of the reshuffling of employees in the company. As a rule, it is undertaken by the manager to improve the efficiency of the professional potential of employees. Meanwhile, the reshuffle of personnel (a synonym - regrouping) should be carried out strictly in accordance with the legislative norms. General provisions concerning the movement of employees within the enterprise are established in the TC. Let's consider what the reshuffling of staff in the organization is.

General information

Personnel reshuffle is a normal phenomenon for the life of almost every enterprise. The TC provides for the possibility of transferring employees to another location (within the enterprise) on a permanent or temporary basis, to another unit, to another position, and so on. At the same time, the employer is obliged to observe a number of conditions established in the Code. Otherwise, his actions may be deemed unlawful.

Employment contract

Relations with the employee begin at the time of signing a contract with him. This document contains key provisions relating to its activities in the enterprise. As an integral part of the contract is the definition of the limits of the use of a citizen's labor, as well as a description of the immediate functions that he will perform. Permutation of frames will mean changing the specified conditions. In accordance with the TC, they must be documented. It is worth noting that the employer's opportunities for transfers and transfers of his employees are strictly limited to the Code.

Prerequisites

As a general rule, reshuffle of personnel is possible at the enterprise with the written consent of employees. The initiative on relocation, meanwhile, can come from the employee himself. For example, an employee submits an application for transferring him to one-shift work from a three-shift job, due to the need to combine professional activities with training. The reshuffling of the staff can be initiated by the employer itself. For example, based on the results of certification, a decision was taken to transfer the employee to another position. Thus, for example, there is a reshuffle of frames in the Ministry of Internal Affairs. The movement of employees may be caused by reasons independent of the parties. For example, it may be necessary to reinstate an employee who previously performed professional duties for her.

Special cases

Sometimes a shuffle is imputed to the employer as a duty. For example, an employee refuses to continue his professional activity under conditions modified by Art. 73 TC. Translation is mandatory in the following cases:

1. Mismatches of an employee of a position held or work performed due to insufficient qualifications. This fact must be confirmed by the results of the certification.
2. Deterioration of the health of the worker. This must be confirmed by the conclusion of a competent medical institution.
3. Violations of the procedure for concluding a contract.
4. Achievements of the employee of the maximum age for the replacement of certain categories of posts.
5. Conduct staff reduction or staffing.

Nuances of legislation

Regardless of the above circumstances, the rearrangement / transfer of employees must be carried out with their consent. In addition, the employer must take into account the provisions of Art. 57 and 9 TC. In accordance with them, the new working conditions should not worsen the position of the employee in comparison with the previous ones. It is also worth mentioning the rules of Art. 182 of the Code. In accordance with it, when a staff member transfers his health status to another lower-paying job at the same enterprise, he retains the average earnings he received in the previous place within a month. If the movement was caused by an injury, then the salary continues to be paid in the same amount as before, until the establishment of permanent disability or recovery. Such rules apply to all enterprises without exception: it does not matter, there is a reshuffle of personnel in JSC Russian Railways or in some retail store.

Decor

According to Part 4 of Art. 57 TC, when transferring an employee, an appropriate agreement must be drawn up. It is an appendix to an employment contract changing its conditions. The agreement is formalized, naturally, in writing. Based on this document, the head of the enterprise issues an order. The employer is obliged to familiarize the employee with it under the signature. In addition, the corresponding mark is also made in the worker's work record book. Regardless of the scale, organizational and legal type, the specifics of the activity, these rules apply to all enterprises where personnel reshuffle (RZD, DOW, HIGH SCHOOL, production plant for the production of bearings, etc.) takes place.

Temporary translation

Above, the rules concerning the movement of employees to the permanent place of professional activity were considered. A somewhat different procedure is envisaged for temporary repositioning of personnel. So, if an employee is transferred to another place for a limited period, he retains his previous position, to which he was enrolled. Temporary movements, like permanent ones, can be initiated by either party to the employment contract. For example, according to Art. 254, pregnant employees are reduced standards for production or they are transferred to a different job, which eliminates the negative impact of harmful production factors. At the same time, the average earnings from previous activities are preserved. A similar rule applies to women with children under the age of 1.5. They can be transferred to another job before the child reaches the specified age. At the same time, the previous average earnings remain. In Art. 74 TC also provides for the transfer of an employee in connection with the production need for up to 1 month. To work not related to his basic duties. At the same time, new activity should not be contraindicated to him for health reasons and should be carried out within the enterprise.

Specificity of temporary movements

When transferring employees to another job for a certain (short) period, their consent is not required. The exception is cases when moving to a position requiring a lower qualification level. In this case, Art. 74 TC manager must obtain written consent.

Conditions

Temporary movements are considered as certain exceptions to the rules. Meanwhile, their implementation is possible provided that the requirements that limit the employer's opportunities are met. Among them it is necessary to note the following:

1. The length of stay in a new job can not be more than 1 month.
2. Temporary transfer is allowed only with production necessity.

In the latter case, it is, in particular, the prevention of a catastrophe, an accident, accidents, damage or destruction of property, equipment downtime. The production need may be related to the replacement of the absent employee. Regardless of the reason for the transfer, a new job should not be contraindicated to the employee. This is confirmed by an appropriate certificate from the medical institution.

Additionally

In part 6 of Art. 414 TC provides one important right for the employer. In accordance with the provisions of the article, in the event of a strike, the employer can transfer the employees who did not take part in it, but in connection with its start they can not perform their direct duties stipulated in the employment contract and stated the beginning of the downtime in writing. In this situation, the general rules established in the TC for temporary movement of employees apply. As for the design of temporary permutations, there is a somewhat simplified system here. In particular, the head issues an appropriate administrative document, which indicates the terms of the transfer. As employees retain their previous jobs, the terms of the employment contract remain unchanged. Accordingly, an additional agreement is not concluded. It is not required and the introduction of any marks in labor books.