Since its inception, our organization has been located in rented office space. The contract was extended for several years in a row. This summer, management found new office space and entered into another lease agreement on more favorable terms. In connection with the move, we had a question: is it necessary to notify employees about a change in the actual address of the employer and make changes to employment contracts with employees?
To answer your question, it is necessary to consider situations that may arise in practice.
Situation 1. The employees' employment contracts do not indicate the address of the organization.
The place of work is one of the main conditions of the employment agreement between the employee and the employer, without which it is impossible to imagine their further relationship. For this reason, Art. 57 Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) the place of work is included in the list of mandatory conditions of the employment contract.
Place of work implies a specific organization - a legal entity that has its own name and territorial location (locality) (for example: “Place of work: Limited Liability Company "Textilshchik", Samara"). If the work is carried out in a branch, representative office or other separate structural unit of the organization located in another location, this must be indicated.
Fixing a specific address of the employer's location (office location) in the employment contract as a prerequisite is not required. Article 57 of the Labor Code of the Russian Federation stipulates that clarification of the place of work and (or) workplace may be provided for in an employment contract, but as an additional condition.
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Workplace- a place where the employee must be or where he needs to arrive in connection with his work and which is directly or indirectly under the control of the employer (Part 6 of Article 209 of the Labor Code of the Russian Federation)
The absence of such a condition as a physical address in an employment contract gives the organization “mobility”. It turns out that a change in the location of an organization within the same area does not entail a change in the terms of the employment contract.
Situation 2. Employment contracts indicate the address of the organization.
The situation is completely different if in the text of the employment contract the parties, in accordance with Part 4 of Art. 57 of the Labor Code of the Russian Federation clarified the place of work (for example: “Place of work: Limited Liability Company “Textilshchik”, Samara, Volskaya St., 112”). Such clarification entails certain legal consequences.
EXAMPLE
The financial company's office was located on the second floor of a high-rise building. At the request of the accountant, a condition was included in her employment contract that her workplace was located on the second floor. Two years later, the director of the organization decided to “move” to the 24th floor of the same building. The panoramic view of the city from the office windows, according to management, was supposed to improve the organization's image and labor efficiency. However, such a move did not suit the same accountant. The fact is that the employee was afraid of heights. Difficulties arose with drawing up an additional agreement to the accountant’s employment contract, since the manager did not even imagine that someone might disagree. It was impossible to rent the old place for the sake of one employee. As a result, everything was resolved quite happily for both the employee and the employer: a dismissal order was issued by agreement of the parties.
If an employee wants to clarify his place of work or workplace, this is often due to objective reasons. An employer who agrees to such wishes should subsequently take this into account.
Change the terms of the employment contract regarding a specific place of work (workplace) of the employee as a general rule by virtue of Art. 72 of the Labor Code of the Russian Federation is possible only by agreement of the parties. However, there are exceptions to the general rule, provided for in Art. 74 Labor Code of the Russian Federation.
The risk of losses associated with the activities of the organization is borne by the employer. It is obvious that the success of a company to some extent depends on its location, if only for reasons of economy. When resolving such issues, the employer should have a certain freedom. For this reason a change in the actual address in connection with the conclusion of a lease agreement for another premises can certainly be attributed to changes of an organizational nature.
According to Part 2 of Art. 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in writing no later than two months in advance. The notification must also indicate the reasons for the need for such changes. (example 1). Thus, the employer can change the conditions specifying the place of work and (or) workplace on his own initiative.
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Another area should be understood as an area outside the administrative-territorial boundaries of the corresponding locality (clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”)
However, this does not mean that employees can be forced to work in new conditions - at a new address. Labor legislation provides the employee with the right to choose - which is associated with moving to another area.
IMPORTANT!
New terms of the employment contract should not worsen the employee’s position in comparison with the established collective agreement or agreements
Such a move outside the locality entails the transfer of employees to agree to change the conditions determined by the parties or refuse to continue working.
With those employees who agree to continue working under the new conditions, additional agreements to employment contracts are concluded, which set out the changes (example 2).
If the employee does not agree to work under the new conditions, then the employment contract with him will be terminated on the basis provided for in paragraph 7 of Part 1 of Art. 77 of the Labor Code of the Russian Federation: refusal of an employee to continue working due to a change in the terms of the employment contract determined by the parties.
Situation 3. The organization “moves” to another location.
It is necessary to mention one more option for relocating an employer, subject to a special procedure (Part 1 of Article 72 1 of the Labor Code of the Russian Federation).
Summary
The relocation of an employer within the same locality, as a rule, does not entail a change in the terms of the employment contract and, therefore, does not require amendments to it. However, if the employment contract specified the place of work and indicated the specific address of the organization’s location, then an additional agreement cannot be avoided. Moreover, in some situations it is necessary to carry out the procedure provided for in Art. 74 Labor Code of the Russian Federation. If the move is to another area, the transfer must be formalized with the consent of the employees.
Firstly, transfer to another job is allowed only by agreement of the parties. It is not necessary to send a notice to employees, however, in practice, they try to warn about upcoming changes in advance due to the need to prepare employees for the move. The required transfer agreement with the employer must be in writing. (example 3).
Secondly, the employee’s refusal to accept such a transfer is an independent basis for terminating the employment contract under clause 9, part 1, art. 77 Labor Code of the Russian Federation.
EXAMPLE 1
Notification of changes to the terms of the employment contract
EXAMPLE 2
Additional agreement on changing the terms of the employment contract (fragment)
EXAMPLE 3
Additional agreement on transfer to another location with the employer (fragment)
Companies, like people, are born and die, change names and move from place to place. And just like with people, such changes in the life of an organization need to be documented. We talked about what consequences for personnel records management a change in the name of the employing organization (including the organizational and legal form) entails in previous issues of the Personnel Officer's Handbook. Today we will talk about another innovation, which is reflected in the constituent and registration documents and does not leave its mark on personnel documentation: the relocation of the organization. Let's try to figure out how the location of the organization changes and what may change in the documents of employees, as well as in their working conditions.
From this article you will learn:
- what may entail a change in the location of the legal entity
- Do I need to change the TIN when changing the location of the organization?
- how to issue an order to change the location of an organization
- Is it necessary to indicate the place of work in the employment contract?
The location of a legal entity is determined by the place of its state registration (clause 2 of article 54 of the Civil Code of the Russian Federation). In this case, state registration is carried out at the location of the permanent executive body of the organization. In the absence of a permanent executive body - at the location of another body or person who has the right to act on behalf of a legal entity without a power of attorney.
Often, the activities of an organization are not related to the need to be in a certain place. Therefore, the founders prefer to register the organization at one address (the so-called legal address), and offices, production areas, i.e., premises in which employees directly work, are located at a different address (actual address).
In turn, the funds, based on information received from the tax service, independently deregister the organization and register it at a new location (clause 17 of the Rules for registration of policyholders in the territorial compulsory health insurance fund for compulsory health insurance, approved by decree of the Government of the Russian Federation dated September 15, 2005 No. 570, clause 17 of the Procedure for organizing the work of the executive bodies of the Social Insurance Fund of the Russian Federation for registering legal entities as insurers on the basis of information contained in the Unified State Register of Legal Entities, approved by Resolution of the Federal Insurance Service of Russia dated March 23, 2004 No. 27. ).
IMPLICATIONS FOR HUMAN RESOURCES
As for labor relations: consequences for employees occur only if the organization’s so-called actual address changes, that is, if the workers’ working conditions change with the move.
Due to the end of the lease agreement for office space and an increase in the cost of rent by the lessor, the management of company N decided to change the actual location. In Moscow, the rent for the company turned out to be too high, so a suitable office was selected in Mytishchi, Moscow region. Is it necessary to warn employees in advance about a change in the location of the organization?
This is the main question facing personnel officers in this situation. It is due to the fact that unilaterally and without following a certain procedure, the employer does not have the right to change the conditions determined by the parties to the employment contract. The answer depends on whether the location of the organization is a condition of the employment contract or not. So, first of all, it is necessary to find out exactly this.
WHEN THE LOCATION OF THE ORGANIZATION IS A CONDITION OF THE EMPLOYMENT CONTRACT
Employees who have been informed that the location of the organization will be changed may agree to such changes. And in this case, additional agreements to employment contracts must be drawn up, which indicate the new location of the organization.
An example of drawing up an additional agreement to change the terms of an employment contract
If employees do not agree to continue working under the new conditions, then the employment contract with them is terminated on the basis provided for in clause 7, part 1. Please note: this does not apply to the case of an organization moving to another location, when special rules apply, which we will discuss below.
IF THE COMPANY MOVES TO ANOTHER LOCATION
Special rules are provided for cases where the employing organization moves to another location. The fact is that Part 1 calls transfer to another area together with the employer a type of transfer to another job. According to the law, transfer to another job is allowed only with the written consent of the employee. Therefore, it is necessary: firstly, to notify the employee about the upcoming transfer to another location together with the employer , and secondly, obtain the employee’s consent to such a transfer.
An example of issuing a notice of the need to transfer to another location together with the employer
Note!
What documents need to be completed depend on whether the location of the organization is indicated in the employment contract and where the move is planned
An example of drawing up an additional agreement on transfer to another location together with the employer
In all of the listed cases of changes in information or terms of the employment contract, transfer to another location together with the employer or dismissal of the employee on appropriate grounds must be properly formalized. But these are topics for separate articles; we have shown the main documents that HR employees may encounter when the location of the organization changes.
They say that moving is tantamount to fire. What do you need to know and take into account when preparing and organizing a move, what nuances of this process should you pay attention to?
Sooner or later the time comes when a company needs to change its premises. Everyone has their own reasons for moving: some are expanding, others are looking for more comfortable working conditions and improving their image, others are moving to their own office, and others, due to financial difficulties, are looking for a more economical option.
An office relocation coordinator has a huge responsibility. After all, it is necessary not only to prepare a clear and competent relocation plan, but also to implement it without compromising the production process. At first glance, the problem is not an easy one, especially when you had to deal with this for the first time, and you thoughtlessly took on all the responsibilities associated with the move. But if you approach the matter thoroughly and without fuss, the moving process will go quickly and without the slightest loss. And you may even find some positive aspects in it, for example, you will get rid of unnecessary things that have been stored for years and took up extra space in the office. And the participation of all company employees in a common cause (moving) will help unite the team and raise corporate spirit.
What should you do first?
So, the manager signed an agreement with the new landlord and set a day for the office to move to a new location.
What is the best time frame to invest in the move and what time of day is it preferable to carry it out?
Optimal preparation timerelocation - about 1–1.5 months (this depends on the status of the company, the type of its activity and the number of employees). But there are times when circumstances force a move to be made in a shorter time - a week or two. In the case of such an “extreme” move, there is a high risk of forgetting something, not having time to connect all the necessary communications, etc. Here, a clear step-by-step plan, for example, as given inapplication.
Moving plan
No. | Event | Responsible persons | Deadlines | Note |
| Visiting the new office and agreeing on all conditions with its owners | The head of the company or his representative | |||
| Appointment of a relocation coordinator, distribution of functions in the working group | Director of company | Immediately after determining the moving date | Appoint someone responsible for preparations, purchase of necessary materials, readiness of the new premises for work, transportation, etc. | |
| Notifying partners and clients about changes in the company's address, preparing directions to the new office | Relocation coordinator (secretary, office manager), designer (for card design), department heads | After determining the moving date | Specify location (address, transport interchange) | |
| Checking the condition of the new premises and drawing up a list of necessary work | Relocation coordinator | To carry out the work you need to hire: an electrician, a plumber, a mechanic (preferably those who directly service the building or office) | ||
| Drawing up a plan for the placement of workplaces, furniture arrangement (office layout), sockets, telephone and computer sockets for each workplace | Relocation coordinator, deputy director or department heads | After the office audit within 7 days | Approve the plan from the director | |
| Preparation and connection of all communications, lighting | Moving coordinator, system administrator, telephone operator, electrician | Within 10 days after determining the moving date, readiness - 1–2 days before the move | Installation or transfer of local networks, signing service agreements | |
| Inventory and compilation of a complete list of equipment, furniture and company documents | Working group | No later than 2 weeks before moving | Calculate how much furniture needs to be dismantled and what may need to be sold | |
| Purchasing packaging material, booking transport and ordering the services of loaders or special transportation companies | Relocation coordinator | 2 weeks before moving | Determining the quantity of materials, purchasing, delivery, budgeting | |
| Coordination of the move with representatives of the owners of the “old” office | Relocation coordinator | 1–2 weeks before moving | Notify “old” landlords by letter about the moving date, notify security, obtain permission to use freight elevators, etc. | |
| Holding a meeting for all employees of the working group, assigning process supervisors and explaining tasks | Relocation coordinator | 1 week before moving | ||
| Packing archives and documentation, labeling boxes and compiling an inventory by department | Working groups of departments or divisions | Hand over unnecessary documentation and other papers to waste paper, hand over the collected documentation to the responsible person | ||
| Final packaging of all inventory, labeling of boxes | All employees involved in the relocation process | On the eve of the move | Be sure to check the general readiness for moving | |
| Disassembly (if necessary), packaging of furniture; disconnection and packaging of equipment with subsequent marking | Involved specialist or representative of the carrier company | On the eve of the move | Each employee must sign their furniture: table, chair, cabinets. Monitor the quality of furniture disassembly and assembly | |
| Production of the required number of keys, wet cleaning of the new premises | Moving coordinator, cleaner | On the eve of the move | ||
| Obtaining internal regulations in the new building and familiarizing them with all employees against signature | Working group member | On the eve of the move | ||
| Connecting communications: servers, mini-PBX | System administrator, telephone operator | On the eve of the move | Readiness Check: Troubleshooting | |
| Moving day:removal, loading, transportation to a new office, unloading, delivery to the premises, unpacking furniture and equipment, essentials | Relocation coordinator | Be sure to control the entire process | ||
| Connecting equipment and checking the serviceability of communications | All employees | First day after moving | ||
| Registration of change of address taking into account the requirements of government agencies | Legal Advisor | After the rental documents are signed (after moving in) | ||
| Unpacking, arranging things (archives, books, stationery); office decoration: certificates, educational stands, flowers; arrangement of common rooms - kitchen, meeting room, reception area, etc. | All employees | During work, no longer than 1 week after moving | It is advisable to decorate the office first, this will help employees adapt faster to the new place |
tighten moving directly more than two days is impractical. It is advisable to schedule it on weekends (large companies sometimes practice moving at night). If your choice falls on the dark, remember thatLoaders work at a higher rate at night . If the move may take a long time, it is better to hire two teams of movers who could replace each other, since after eight hours of work, the productivity of any person will undoubtedly decrease.
What about communications (phones, Internet, etc.)?
Of course, after moving to a new office, you want everything to immediately work like clockwork: Internet, phones, office equipment, etc. To do this, you need to make every effort to check and, if necessary, conduct communications in the new place. Therefore, before moving employees, organize a tour for a full-time system administrator or a specialist specially engaged for this purpose.
After carrying out the necessary “research” in a new place, you need to quickly transport devices for connecting an Internet provider and telephone operator or connect to new ones. And this requires some time, and if poorly organized, the process can drag on for 2-3 weeks. Therefore, without wasting time, you should:
Many landlords provide offices with a ready-made local office network, which, unfortunately, does not always coincide with your needs and corresponds to the seating arrangement of employees. In this case, you have to remake it “for yourself.” It will be extremely appropriate to have a detailed seating plan on hand.
What else should you consider when renting an office?
Particular attention should be paid to:
Note.When choosing office space, do not rush to immediately grab cheap offers, remember “all that glitters is not gold.” Low rents may hide high fees for utilities and maintenance services and many other unpleasant surprises. It is better to give preference to offices provided with autonomous heating and hot water.
What should you pay attention to when choosing a carrier company, how to properly coordinate the work of the “carrier”?
Making a decision to involve a special carrier company in your move depends on the capabilities of the company and its size.
There are many companies on the market offering a wide range of complex office relocation services. It usually includes: disassembly and assembly, packaging, removal and transportation of furniture to a new office, property insurance, provision of transport services with movers, furniture arrangement, garbage removal. When choosing such a company, special attention should be paid to its experience in this field. Be sure to look at the reviews of customers who have used its services, ask about the availability of discounts and your own trucks.
As a rule, in the case of cooperation with a reputable moving company, a representative of the company works with you (accompanying the moving process). He goes to the place of call, assesses the amount of work to be done (counts pieces of furniture, equipment, and other material and technical assets), and at the end submits a detailed invoice for the services provided.Advantageworking with a special company is that it takes on all the moving work. Plus, all furniture and equipment will be insured in case of damage during the move. The insured amount is determined by the customer and included in the contract. The carrier's representative also offers the customer a choice of packaging material: plastic film, adhesive tape, cardboard boxes, bags, cardboard. To save money, you can purchase packaging material yourself; it is sold in construction stores and is inexpensive. If there are “original” boxes from office equipment that are under warranty, this will simplify the work of the craftsmen and also reduce costs.
Main flaw- comfort costs money. Therefore, carriers can charge you quite a large bill. To somehow reduce it, monitor the pricing policies of various companies and don’t be afraid to negotiate a discount. Pay attention to the detailed list of services provided, as the cost of individual items may be unreasonably high. In this case, it is more advisable to abandon them or involve other specialists.
How to organize a move “on your own”?
Organizing a move “on your own” is much more interesting. You can involve many employees in this process; by organizing them correctly, you will get coordinated, efficient work. Let everyone feel that they are valued, that their help is needed and that they are part of one friendly team.
The first thing to do is to conduct an audit andthrow away everything unnecessary . Next, create an initiative group among the company’s employees - there will be work for everyone, the main thing is desire! Necessarilyappoint a person in charge for preparation and relocation in each department or division. Determine a specific amount of work for everyone.
Having prepared all the equipment for packaging, you can begin to work. MandatoryAll items and boxes should be labeled to avoid loss. Try to pack everything rationally and compactly: books for books, stationery for stationery, etc. It is better to take everything that was brought to work from home in advance back home. As for office equipment, all cords from it should be placed in boxes along with it, this will help you quickly find everything you need to connect the equipment when unpacking.
Let the employees deposit all archives in advance with the secretary or clerk; it will be more reliable.
Furniture transportation - the most cumbersome part of moving. It can be transportedboth disassembled and assembled . If you choose the first option, it is advisable to call a furniture specialist who will properly disassemble, pack and fold everything. Payment for services of this kind is determined for each unit of goods separately, and a specialist can be found in any furniture company. There are some disadvantages: the costs can be quite high, and frequent disassembly and assembly (perhaps this is not the last move) does not have the best effect on the furniture.
If you decide not to disassemble the furniture, you still need to prepare it for transportation: remove the glass from the cabinets and wrap it with thick cardboard, lock the cabinets, wrap them in cardboard and seal the drawers with adhesive tape, wrap the chairs with plastic wrap and sign them.
It is best to move large, heavy furniture first, and then move everything else.
Order a car with loaders not a problem now. If there is a lot of property, then it is better to use two cars at once, organizing four loaders for each. Then the process will go faster: while one is being loaded, the second one is being unloaded on the spot. By the way, do not forget that if there are traffic jams, you will also have to pay for “downtime”. We do not recommend leaving movers unattended (make sure that the work is carried out carefully to avoid damage to furniture or office walls).
Employees need to be divided into two groups. Some supervise the work in the old office, others - in the new one: they show where to unload and what to put where.
The rule of good form is to clean the old office after moving. So take care of that too.
A move organized independently will save exactly half the amount you would have to pay to the moving company. However, the choice is yours, so be patient and optimistic. A detailed office relocation plan will help you properly coordinate the process and organize your work. We wish you a quick and high-quality move to your new office!
The material is posted on the website HRM.RU
At the initiative of the employee or due to the nature of the production process, the rest period may change. The basis for personnel changes is an order to postpone the date of vacation.
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The internal document is drawn up 14 days before the start of vacation time with mandatory notification to the subordinate.
Norms of the Labor Code of the Russian Federation
To understand the essence of the document, we attach a visual example:
You can download a form suitable for all types of businesses below.
Where is the order registered?
Registration of the document is carried out in the manner established at a particular enterprise. The entry is made in the internal acts register.
Terms and place of storage
Orders are stored in the archive for 5 years. They are assigned a registration number with a corresponding journal entry.
The employee whose leave was postponed, the archive worker, auditors and management have access to the document.
Making changes to personnel documents
The order to postpone the vacation time is accompanied by adjustments to the vacation schedule.
For this operation, two columns are provided in the T-7 form:
- No. 8 – grounds for changing the date of rest;
- No. 9 – the date to which the vacation days are postponed.
Changes are also reflected in the time sheet after the employee goes on vacation.
Familiarization procedure
The employee is notified in any form. The HR specialist draws it up independently or can download the form presented below:
The final consent to postpone the vacation is the signature of the person.
Grounds for refusal by employer and employee
The main reason for refusal to transfer vacation by the employer is production necessity.
The subordinate is allowed to use the wording “I am familiar with, but do not agree,” indicating the basis for the refusal.
Postponing the date of the vacation period is a normal occurrence at the enterprise. Its causes are unforeseen situations and the inability of other employees to solve production problems.
If conflict situations arise, the employee is advised to contact the trade union or the Commission for Resolving Labor Disputes.
Questions and answers
Is it possible to reschedule if the vacation is not as scheduled?
The employer may refuse leave if the reason for the transfer is not valid and the subordinate has worked for the company for less than 6 months.
Exceptions exist for honorary donors of Russia, part-time employees and men in the case of their spouse’s maternity leave.
What if the days have already been paid for?
The transfer is permitted on the basis of.
The subordinate returns the paid money to the cashier, uses it as he or she does, or writes a statement requesting that the funds be deducted from wages.
How many days before the holiday do I need to place an order?
The document is issued no earlier than 2 weeks before the start of the vacation. However, the employer can postpone the vacation for 1 calendar year (730 days), for which an order is also issued.
What orders does the document refer to?
The document is an internal non-unified act of the enterprise. It is subject to labor and tax laws.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
E.Yu. Zabramnaya, lawyer, PhD n.
We move with our employer to another area
When an organization moves from one location to another, in addition to the fact that a lot of organizational and technical difficulties arise, it is necessary to deal with personnel.
Some of the employees will agree to move, but, of course, there will be those who do not want to move. What to do with them? And is it possible to fire pregnant employees and women with children under 3 years of age, single mothers raising a child under 14 years of age (a disabled child under 18 years of age), as well as other persons raising such children without a mother, if they refusal to move A Art. 261 Labor Code of the Russian Federation?
You will find answers to all these questions in our article.
What is a transfer to another location with an employer?
Transferring an employee to another location together with the employer is a type of transfer to another permanent job. This means that such a transfer is possible only with the written consent of the employee A Art. 72.1 Labor Code of the Russian Federation.
Place of work- this is a mandatory condition of the employment contract A Art. 57 Labor Code of the Russian Federation.
Other area- this is an area outside the administrative-territorial boundaries of a certain locality A clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. The area changes when you move to another city, town, or village. And a change in the location of a company within one locality (for example, moving from one city street to another) will not be a change of location, since the locality has not changed.
ATTENTION
Location of the organization And clause 2 art. 54 Civil Code of the Russian Federation may not coincide with the place of work of its employees.
It should also be taken into account that a change in the location of a company does not always entail the need to transfer its employees to another location. The fact is that the location of the organization (that is, the location of its executive body A clause 2 art. 54 Civil Code of the Russian Federation) and the place of work of its employees are not necessarily the same. For example, an organization is located in St. Petersburg, and its warehouse is in Gatchina. Then a change in the location of the organization, for example its move to the city of Pushkino, will not entail the transfer of warehouse workers together with the employer to another area. After all, they will still work in the city of Gatchina. But at the same time, the relocation of a company from St. Petersburg to Pushkino entails the need to change the place of work of employees working in St. Petersburg, and should be considered as their transfer to another location together with the employer.
If a separate division, for example a branch, moves, then its employees also change their place of work s Art. 57 Labor Code of the Russian Federation. This means that their transfer must be formalized according to the rules for transfer to another location together with the employer.
Transfer to work in another area together with the employer must be distinguished from other movements (relocations) of workers, namely:
- from the transfer of an employee from one structural unit of the company to another, located in a different area, if the company itself does not move. This will also be a transfer of the employee to another job. at Art. 72.1 Labor Code of the Russian Federation, but not transfer to another location with the employer, since his location does not change;
- from the movement of employees working on a rotational basis in areas such as geological exploration, construction, logging, etc. In this case, the employee works at facilities located in different areas. This is a condition of his employment contract. Therefore, its movement from one object to another cannot, in principle, be considered as a translation.
"HR" actions of the employer when moving to another area
First, you need to inform in writing all employees whose place of work coincides with the location of the organization about the upcoming relocation of the company And Art. 57 Labor Code of the Russian Federation, art. 72 Labor Code of the Russian Federation. The employer has no right not to inform one of the employees about the move, even if it is not profitable for him to transfer someone to another area and it is easier to hire someone in a new place (for example, a cleaner, a driver, etc.). But you can try to negotiate dismissal with such employees on mutually beneficial terms.
From authoritative sources
Deputy Director of the Department of Wages, Labor Safety and Social Partnership of the Ministry of Health and Social Development of Russia
“The employer is obliged to inform all employees of the organization about the upcoming move. He cannot fire workers on his own initiative just because he is moving. He notifies them about the move, and they either agree to the move or not. But if it is not profitable for the employer to transport someone, for example, unqualified personnel, then he can negotiate with the employees about their dismissal on terms favorable to them.
For example, an employer can agree with employees on severance pay if they agree to resign by agreement of the parties or of their own free will.
But if employees do not agree to resign by agreement of the parties or of their own free will and want to move, but it is not profitable for the employer to transport them, then dismiss them under clause 9 of Art. 77 of the Labor Code of the Russian Federation, he cannot. Such workers will have to be transferred.”
It is also possible that one of the employees will refuse the transfer if he is not satisfied with the amount of reimbursable expenses. For example, if your company will reimburse moving expenses to employees according to the standards established for state employees V. In particular, the costs of settling employees of budgetary organizations in a new place of residence depend on their salary V subp. “c” clause 1 of the Decree of the Government of the Russian Federation of April 2, 2003 No. 187. And for unskilled personnel with a small salary, such payments will amount to an insignificant amount, which can make the move unattractive for them.
We offer employees relocation
STEP 1. We inform you about the move in writing in any form
The relocation notice must include:
- the locality where the company is moving;
- the date of actual relocation of the company to a new location and, accordingly, the start date of the employee’s work in the new location;
- guarantees that the company provides to the employee in connection with such a move, including the composition and amount of expenses reimbursed to the employee in connection with the move m Art. 169 Labor Code of the Russian Federation.
An employee moving with the company to another location will need to be reimbursed s Art. 169 Labor Code of the Russian Federation:
1) upon the relocation of himself, as well as members of his family;
2) for the transportation of property;
3) for settling into a new place of residence. This, for example, may be specific amounts of payments for the workers themselves and members of their families, as is established for state employees V Decree of the Government of the Russian Federation dated April 2, 2003 No. 187. You can also stipulate in the additional agreement to the employment contract the employer’s obligation to purchase an apartment for the employee in a new area;
From authoritative sources
“ All issues of reimbursement of expenses (relocation of employees, transportation of luggage) should be regulated in additional agreements with employees. Among these expenses you can include the purchase of an apartment in a new area. Reimbursable expense amounts may vary for different employees. For example, one person can buy an apartment, but another cannot. All this can be included in the expenses reimbursed in connection with the move.”
Ministry of Health and Social Development of Russia
- reimbursement method:
- <или>payment of expenses already incurred by the employee after the fact;
- <или>issuing an advance to the employee;
- the period within which the employee must notify you whether he agrees to the transfer;
- the condition that failure to obtain the employee’s consent to the transfer within the prescribed period will be regarded as his refusal to transfer;
- the consequences of an employee’s refusal to transfer together with the employer to another location in the form of dismissal.
It is better to hand this message to the employee against signature.
Since when an employee moves, such a condition of his employment contract as the place of work changes, then warn him about this change no later than 2 months in advance A Art. 57 Labor Code of the Russian Federation, Art. 74 Labor Code of the Russian Federation. In addition, before deciding whether to move or not, an employee needs to discuss this issue with family members and weigh the pros and cons. And if you decide in favor of moving, prepare for it.
However, the Ministry of Health and Social Development expressed a different point of view.
From authoritative sources
“Transfer to work in another area with an employer is a transfer to another job. Transfer to another job is permitted with the written consent of the employee A Art. 72.1 Labor Code of the Russian Federation. Therefore, the employer must necessarily obtain from the employee either written consent to a transfer to work in another location, or a written refusal of such a transfer.
If an employee refuses to move to another job, he may be fired n clause 9, part 1, art. 77 Labor Code of the Russian Federation. At the same time, a 2-month warning period for the employee about dismissal is not established, because there are no organizational or technological changes during the move. So Art. 74 of the Labor Code of the Russian Federation, which obliges to warn the employee about dismissal 2 months in advance, does not apply in this case.”
Ministry of Health and Social Development of Russia
STEP 2. We obtain consent from the employee for the transfer or refusal
To do this you can:
- <или>receive from him a separate statement of consent/disagreement for the transfer;
- <или>include in the message you give to the employee a detached part where he will express his agreement/disagreement with the transfer. He will fill out this tear-off part and give it to you.
Such a message can be formatted as follows.
Limited Liability Company "Eurostil"
Head of department
marketing
Zenin P.S.
Dear Pyotr Semenovich!
According to the decision of the general meeting of participants of Eurostyle LLC No. 6 dated December 1, 2010, Eurostyle LLC is changing its location from March 1, 2011 and will be located at the address: 309514, Belgorod region, Stary Oskol, st. January 9, no. 3.
We offer you a transfer to work in the specified area from 03/01/2011.
If you agree to the transfer, Eurostil LLC will reimburse you for relocation expenses, including relocation of family members, transportation of property and arrangement at a new place of residence, in the amount established in the local Regulations on compensation of expenses for employees of Eurostil LLC in connection with their transfer to another location with the employer.
We inform you that in accordance with Part 1 of Art. 72.1 of the Labor Code of the Russian Federation You have the right to agree to the transfer or refuse it. In case of refusal, the employment contract with you will be terminated on the basis of clause 9, part 1, art. 77 of the Labor Code of the Russian Federation with payment of severance pay in the amount of two weeks of average monthly earnings.
Please inform the head of the HR department of Eurostil LLC about the decision made in writing by 02/15/2011. Failure to receive your consent to transfer within the prescribed period will be regarded as a refusal to transfer.
STEP 3. We fire those who do not agree to the transfer
An employee’s refusal to be transferred to another location together with the employer will result in his dismissal. e clause 9, part 1, art. 77 Labor Code of the Russian Federation.
This also applies to pregnant employees, as well as women with children under 3 years of age, single mothers raising a child under 14 years of age (a disabled child under 18 years of age), and other persons raising such children without a mother. After all, the employer cannot keep a job for them in the same area.
The Labor Code of the Russian Federation limits the dismissal of such workers at the initiative of the employer I Art. 261 Labor Code of the Russian Federation. But dismissal due to the employee’s refusal to move with the organization to another location does not apply to dismissals initiated by the employer I pp. 4, 9 hours 1 tbsp. 77 Labor Code of the Russian Federation.
To dismiss employees who do not agree to move, issue an order to terminate the employment contract in Form No. T-8 (or T-8a, if there are several people being dismissed).
In the line of the order “Base (document, number, date)” indicate the details of the decision to move the company to another location, as well as the document in which the employee’s refusal to transfer is recorded A clause 9, part 1, art. 77 Labor Code of the Russian Federation; Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.
Do not forget to familiarize the employee with the dismissal order against signature.
And if it is impossible to bring the order to the attention of the employee, make a note about this on the order itself e Art. 84.1 Labor Code of the Russian Federation.
On the day of dismissal:
- settle accounts with the employee by paying him, in addition to the salary due and compensation for unused vacation, severance pay in the amount of two weeks' average earnings A Art. 178 Labor Code of the Russian Federation;
- give the employee a work book with a notice of dismissal And Art. 84.1 Labor Code of the Russian Federation, having previously asked him to certify with his signature the correctness of the entries in the work book e clause 35 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved. Decree of the Government of the Russian Federation dated April 16, 2003 No. 225 (hereinafter referred to as the Rules).
The entry in the work book in this situation should be like this.
- make a notice of dismissal, similar to the entry in the work book, in the employee’s personal card in Form No. T-2 and ask the employee to sign the personal card e clause 41 of the Rules;
- ask the employee to sign the book for recording the movement of work books and inserts in them X clause 41 of the Rules.
STEP 4. We formalize the transfer of employees who agreed to it
If the employee agrees to the transfer, you must:
- conclude with him an additional agreement to the employment contract on transfer to another location;
- issue an order to transfer the employee using Form No. T-5 approved Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.
If there is more than one employee to be transferred, then it is better to issue one order in form No. T-5a
