They say that moving is tantamount to a fire. What do you need to know and take into account when preparing and organizing the 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 conditions for work 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 plan for moving, but also to implement it without prejudice to the production process. At first glance, the problem is not an easy one, especially when you had to face it for the first time, and you thoughtlessly took on all the responsibilities associated with the move. But if you approach the matter in detail and without fuss, then the process of moving will pass quickly and without the slightest loss. And you can even find some positive aspects in it, for example, get rid of unnecessary things that have been stored for years and take up extra space in the office. And the participation of all employees of the company in a common cause (relocation) will help to unite the team and raise the corporate spirit.

What should be done first?

So, the manager signed an agreement with the new landlord and set the day for the office to move to a new location.

How to organize a warehouse move?

It would seem that the fact that the company has a new warehouse - more spacious, roomy, pleasing to the eye - is only one plus. However, it is not. Each business has its own "pitfalls" and "reefs", which you just have to run into - and, at a minimum, the enterprise will suffer some losses. The “pitfall” in this case is the move itself from one room to another. There are many problems here - from small to large. Here it is important not to lose the goods, and not to turn employees into "Spartan slaves", with whom no one reckoned. We are all human, and we all tend to experience. And moving a warehouse is also stressful. And how to keep track of these huge consignments of goods that should be moved? Everything needs to be well thought out and written down.

How to conduct a successful warehouse move?

1. The first thing to think about is the distribution of responsibilities. Who will be responsible for what needs to be decided immediately, so that later there are no unnecessary problems, and the workers do not get confused about who to ask and clarify. In addition, clear duties impose a certain responsibility, which certainly stimulates people to do their job well.
2. After determining the “commander in chief”, it is worth considering the date of the move. Most the best option will schedule this difficult task for a "calm day" - when it is not expected a large number customers or long receipt of goods. It is better to resolve this issue immediately, so that later there is no unpleasant situation when partners knock on the door, and teams of movers march towards them with things at the ready.
3. The "debriefing" is followed by the definition of a plan for the placement of items contained in the old warehouse. What, where and how will be done in a new place is an important issue that is better to decide in advance. Because on the very day of the move, “Babylonian pandemonium” will be happening, and in a hurry to explain to people what to put where is a very difficult (and, as a rule, thankless) task. In the hustle and bustle, you can easily get confused, mix everything together and get a fair scolding from the authorities. Do you need it?
4. Also important "human factor" worth thinking about. As a rule, people are very accustomed to their place of work and are not always eager to part with it. You have to get used to the new room, but there is a different environment, even the sensations are different! Therefore, you need to be prepared for the fact that not all employees will smile happily and perform all the actions that are necessary. In order to make life as easy as possible for yourself and people, you just need to take them to a new place of work, “acquaint” them with it, describe all the advantages of the new premises and convince them that the move will have a favorable effect even on themselves. After that, people, as a rule, perform all the work related to the “moving” of the warehouse, better and even faster! After all, they were told that "it will be better for them." Accordingly, the work they have to do becomes "THIS business".
5. What follows is a more detailed plan of action. Everything needs to be calculated the slightest detail, what stages the move will be divided into, what, how and when should be transported / assembled / arranged. There will be such a plan - it means that the work will be argued, people will be efficient and with minimal cost perform all necessary actions in time. This means that the warehouse move will be faster and better.
6. You should also take care of competent and timely legal registration of the move. It is better to create an invoice for each consignment of goods, so that later, after the chaos (which can occur, despite all efforts), you can quickly find what you need. Yes, and this is a big plus for accounting for goods - to know that nothing was lost along the way, but arrived safe and sound to a new place.
7. Do not forget about the "support group" - computer specialists! In order for the equipment and machinery to work immediately and correctly, these people are simply necessary. Only they are able to cope with this "bunch of microcircuits and wires", which is usually presented to all technology to people ignorant in this area.
8. Of course, after all the work is completed, it would be nice to take an inventory. However, don't stress people out. They already worked in conditions that some would consider extreme - due to the great psychological burden. No one wants to leave their homes, and here also things need to be collected / packed / transported / unpacked / properly laid out. Therefore, psychologists do not advise putting pressure on employees in the first month after the move. Let them adapt, get used to it - and there things will go better.

These are a few important points to consider and perhaps do the same. In this case, "the wolves will be fed, and the sheep will be safe." And employees will successfully "survive" the warehouse move, and the goods will remain in the form and quantity in which they were. Good luck in this difficult task and success in your future work!

Our organization since its inception has been located in a rented office space. The contract was extended for several years in a row. This summer, management found a new office space and entered into another lease for more than favorable conditions. In connection with the relocation, we had a question: is it necessary to notify employees about the 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. In the employment contracts of employees, the address of the organization is not indicated.

The place of work is one of the main conditions of the labor agreement between the employee and the employer, without which it is impossible to imagine their further relationship. For this reason, Art. 57 Labor Code RF (hereinafter referred to as the Labor Code of the Russian Federation) place of work is included in the list of mandatory conditions employment contract.

The place of work implies a specific organization - entity having its own name and territorial location (locality) (for example: “Place of work: Company with limited liability"Tekstilshchik", Samara). If the work is carried out in a branch, representative office or other separate structural unit of the organization located in another area, this must be indicated.

Fixing in the employment contract a specific address of the location of the employer (address of the office) as a prerequisite is not required. Article 57 of the Labor Code of the Russian Federation stipulates that the specification of the place of work and (or) workplace may be provided for in the employment contract, but as an additional condition.

YOU SHOULD KNOW THIS

Workplace- the place where the worker has to 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 in the employment contract of such a condition as the actual address gives the organization "mobility". It turns out that a change in the location of the organization within the same locality does not entail a change in the terms of the employment contract.

Situation 2. The address of the organization is indicated in the employment contracts.

The situation is quite 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 specified the place of work (for example: “Place of work: Limited Liability Company Tekstilshchik, Samara, Volskaya St., 112”). Such clarification entails certain legal consequences.

EXAMPLE

Office financial company located on the second floor of a high-rise building. At the request of the accountant, a condition was added to her employment contract that her workplace 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 windows of the office, in the opinion of the management, was supposed to improve the image of the organization, labor efficiency. However, such a move did not suit that same accountant. The fact is that the employee was afraid of heights. Difficulties arose with the execution of an additional agreement to the employment contract of an accountant, since the head did not even imagine that someone might disagree. It was impossible to rent the former place for the sake of one worker. As a result, everything was decided quite well for both the employee and the employer: a dismissal order was issued by agreement of the parties.

If an employee wants to clarify the place of work or workplace, then often this is due to objective reasons. An employer who agrees with such wishes should subsequently take this into account.

Change the terms of the employment contract on the specific place of work (workplace) of the employee according to general rule by virtue of Art. 72 of the Labor Code of the Russian Federation is possible only by agreement of the parties. However, from general rule There are also exceptions under Art. 74 of the 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 the company to some extent depends on its location, even if only for reasons of economy. In dealing with 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, of course, can be attributed to organizational changes.

According to part 2 of Art. 74 of the Labor Code of the Russian Federation about upcoming changes, the employer is obliged to notify the employee in writing not later than two months. The notice must also indicate the reasons for the need for such changes. (example 1). Thus, the employer can change the condition specifying the place of work and (or) workplace on its own initiative.

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Another locality should be understood as an area outside the administrative-territorial boundaries of the relevant locality(clause 16 of the resolution of the Plenum Supreme Court RF dated March 17, 2004 No. 2 “On the application by courts Russian Federation 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 gives the employee the right to choose - which is associated with moving to another locality.

IMPORTANT!

New conditions of the employment contract should not worsen the position of the employee in comparison with the established collective agreement, agreements

Such a move outside the boundaries of the settlement entails the transfer of employees to agree to a change certain parties conditions or refuse to continue work.

With those employees who agree to continue working in the new conditions, additional agreements are concluded to employment contracts, which fix the changes (example 2).

If the employee does not agree to work in the new conditions, then the employment contract with him will be terminated on the grounds provided for in paragraph 7 of part 1 of Art. 77 of the Labor Code of the Russian Federation: the employee’s refusal 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 locality.

It is necessary to mention one more option for the employer to move, subject to a special procedure (part 1 article 72 1 of the Labor Code of the Russian Federation).

Summary

The relocation of the 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 place of work was specified in the employment contract, the specific address of the location of the organization was indicated, then an additional agreement cannot be dispensed with. Moreover, in some situations it is required to carry out the procedure provided for by Art. 74 of the Labor Code of the Russian Federation. If the move is carried out to another locality, then a transfer must be issued 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 notification to employees, meanwhile, 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 must be in writing with the employer (example 3).

Secondly, the employee’s refusal to make such a transfer is an independent basis for terminating the employment contract under paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

EXAMPLE 1

Notification of a change in the terms of an employment contract

EXAMPLE 2

Additional agreement on changing the terms of the employment contract (fragment)

EXAMPLE 3

Additional agreement on transfer to another locality together with the employer (fragment)

The relocation of an enterprise or organization is often accompanied by the transfer of employees. At the same time, the employer will have to document the translation, complete a number of other formalities and pay compensation to employees.

Moving the company to another location with employees

The relocation of an organization to another locality, located inside the country or abroad, is not uncommon. The reasons can be very different: these are the economy, and technological problems, and social or demographic issues, and so on. Let's figure out exactly how the employer should act regarding the staff, and what to expect for employees when they move or leave the company.

The nuances of moving an enterprise

Let's start with the fact that the transfer of an enterprise to another locality is legally understood as the withdrawal of an organization outside the administrative boundaries of a given settlement (city, township). Such migration phenomena are considered normal for any economy. At the same time, it is possible that one of the staff will have to change jobs, even if this is not specified in the employment contract. In addition, as practical experience shows, far from all employees agree to move to another area. Some employees decide to terminate their employment relationship with the employer. Both with those who decided to move, and with employees who refused to transfer, the employer will have to settle certain formalities on the basis of the Labor Code of the Russian Federation.

There are also options when the employment contract provides for the work of personnel at facilities that are located in another area. In such situations, the movement of workers does not fall under the category of "transfer" and does not require compliance with the relevant formalities. As an example, we can cite builders or repairmen who work not only in their locality.

How does everything work in practice?

After making the appropriate decision to relocate the company, the employer must issue it in writing. At the same time, each employee must be notified of the transfer of the enterprise to another locality in writing, ideally against signature.

Article 77 of the Labor Code of the Russian Federation does not impose an obligation on the employer to offer the staff a job in a new place in the event of the transfer of the enterprise to another locality. The employer has the right to dismiss the employee (on the basis of a change in the terms of the employment contract), warning him in advance - no later than 2 months before the move. If the company plans to relocate this employee, then he needs to be informed about this in writing in the notice of transfer.

Any employee has the right to independently decide whether he is interested in moving to another locality together with the employer. If the transfer is refused, the employee writes a corresponding application, and the employer will have to pay severance pay, consisting of 2 weeks of average earnings.

Each of the employees who decide to move together with the enterprise will have to sign an agreement on changing the terms of the employment contract. If changes were made to local regulations employer, then the employees must be informed in the prescribed manner. Each of the employees must also familiarize themselves with the transfer order under the signature. At the same time, information about the transfer is recorded in the employee's personal card and other documents.

Guarantees and compensation

Since the relocation of personnel together with the enterprise is a rather costly business, labor legislation provides for certain guarantees for employees. In particular, on the basis of Article 169 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee and his family for the costs of moving, including the transportation of property. The payment of compensation to employees in connection with the transfer to another locality for enterprises financed from the budget of the Russian Federation is also enshrined in a number of resolutions of the Russian government (No. 187 of March 2, 2003, as amended on May 14, 2013).

When transferring employees, the employer will have to pay the following compensation:

the cost of travel of the employee and his family by rail, road, air or water transport. The exception is situations when transport for moving is provided by the organization;

the cost of transporting property by rail, road or water transport (for an employee - up to 500 kg, for each family member - up to 150 kg);

payment to the employee per diem, based on the number of days spent on the road;

lump-sum allowance for employees and their families. For employees - in the amount of the monthly salary at the new place of work, for members of their families - one fourth of the employee's allowance for each;

wage(on tariff rate salary at a new workplace) for the time spent on the road, as well as for the time of getting ready for the journey and accommodation (in total - up to 6 days) at a new place.

It should be noted here that the legislation defines minimum payments only for organizations and enterprises that are financed from the federal budget. In general, compensation payments are determined on the basis of the terms of the employment contract, but cannot be lower than the minimum by law. For commercial companies, there is no “minimum wage” for compensation due to the relocation of employees by law. When transferring employees, it is necessary to conclude an agreement on reimbursement of expenses.

Some companies, when transferring staff, reimburse the costs of moving, as well as offset the costs of paying for new housing. These "housing" payments can be considered as an employee's salary, which is issued in non-monetary form. Its size is regulated by article 131 of the Labor Code, and cannot exceed one fifth of the wage specified in the employment contract.

Employer reimbursement

It should be noted that in certain cases, the enterprise may require the return of the amounts paid related to the relocation of the employee to another locality. For example, if he did not come to work or refused to work without a good reason. Also, the employee may be required to reimburse the costs of moving if he quit without a good reason before the end of the period specified in the contract. If the period is not specified in the documents, then - within 1 year. The same applies to cases where the employee was dismissed for actions that may serve as a legal basis for terminating the employment contract.

How to quickly recruit staff when moving?

Hello, dear forum users.

Let me ask a question. Bottom line: The employer is systematically trying to unreasonably create problems and obstacles for me in fulfilling my duties at work and “in general” - so to speak, in terms of “working life” - is trying to introduce restrictions, not movement, other restrictions. Question: In less than a year I moved from office to office at the direction of the authorities already 3 times. The first time - in a room not intended for this, the second time - “they found a reason”, the third time - “just like that” because they decided so, because they thought of it (“there are not enough places for employees”, although in fact they are in that room there were plenty, and now it seems even 1-2 employees quit).

Do I need a written order to move an employee to another office?

to the object to the metro station

Alabinskaya, Samara. S., not agreeing to the transfer to another locality, did not go to work, and the employer attracted him to disciplinary responsibility in the form of a reprimand for gross violation of the requirements job description. The court, satisfying S.'s demands to recognize the order to apply the reprimand as illegal, said that the transfer to an object located in another area should be carried out only with the consent of the employee, since this is no longer a transfer, but a transfer.

How to arrange the movement of an employee within the organization

Of course, an indication in the employment contract of a specific workplace will help the employer prove, for example, an employee's absenteeism. But if there is a possibility of transferring a worker from one structural unit(department, object, etc.) to another, we believe that it is not worth specifying the workplace.

Registration of the transfer Labor legislation does not regulate the procedure for registering the transfer of an employee, therefore we offer the following options for the employer. 1. An order to move is drawn up. The basis for issuing such an order is usually a memo from the head of the structural unit indicating the reason for which the transfer should be issued.

Since there is no unified form of the movement order, it is drawn up in an arbitrary form (see the sample below).

Changing the job description and moving around the offices.

home » Other articles » How to arrange the movement of an employee within an organization The movement of employees within an enterprise within one department, workshop or division or to another division is prescribed in the Labor Code of the Russian Federation. Regardless of the type and place of movement, the entire procedure internal transfer without fail, it must be properly executed, with filling in all required documents.

Attention

Differences between transfer and transfer In the Labor Code, there is also such a thing as the transfer of an employee. How is it different from movement? The main difference is that when moving, it does not change labor function employee, that is, he continues to do the same work, only to do it at a different workplace, in a different office or on a different machine.

Order on the movement of an employee sample form

But this option is suitable when moving an employee to another mechanism or unit - if the employee follows such an instruction, the transfer is considered completed. Note that an additional agreement to the employment contract on relocation is not drawn up. Entries in the work book and personal card are not made. Disputes due to relocation Most often, labor disputes related to relocation arise when employees do not agree to comply with the employer's order to move to another workplace, to another structural unit, or to perform work on another mechanism or unit.
Naturally, the employer for this applies disciplinary measures to the employee, and he, in turn, goes to court to recognize the actions of the employer as a transfer made without the written consent of the employee, as well as to restore the previous situation.
That is, the employer can move him without consent, but if the initiative to move comes from the employee, then the consent of the employer is required. When transferring an employee to a part-time job, an order is issued, a sample of which can be downloaded here.

Since even when moving, there are personnel changes, then do not neglect documentary design. What movement of an employee should be documented? It is clear that moving from one office to another is not worth registering, but the replacement of units, assemblies and machines should be fixed.

This is necessary not only for order in personnel work, but also from the point of view of labor protection, since such a replacement implies instructing and training the employee. Procedure for moving:

• making a decision to move.
  It can come from both the employee and the employer.

Order to move to another office

IP/Host: .prevox.ru Re: relocation of an employee to another office IMHO, you can still send a letter or telegram to the employee informing him about moving to another office and asking him to come, since he is so tremulous. #14 IP/Host: .terminal.spb.ru Re: relocation of an employee to another office , hide somewhere, ensure safety, upon the exit of the employee, give him his valuable broom on receipt. And expel him, darling, under any pretext, what for such happiness is needed? #15 IP/Host: .ti.ru Re: moving an employee to another office is nonsense, that's your problem global scope, bureaucracy starts from the bottom, how to move an employee from one office to another ...

Order to move to another office

Well, and most importantly, what you need to remember is that the employer should not unilaterally change the terms of the employment contract, otherwise the change in the employee's labor status will not apply to the movement. (The list of mandatory conditions to be included in the employment contract is established by Art.
DI?? 3 Can I respond to a second instruction to move there, say that due to unreasonable frequent movements, I will move if I am given this instruction in writing with justification of the reasons for the need for my relocation? Can they “show” me something for such a “request” of mine? and is it generally justified legally and situationally (in case of claims against me for failure to comply with the instructions of the authorities)? 4 If the latter can be done, then whose instructions can I request - only my immediate supervisor (the head of my department) or can I still ask for a written instruction from “my boss's boss”? 5 Can I apply to T. Inspection on this fact - and will my appeal be somehow justified? Indeed, in fact, in DI there are no such requirements and obligations for my work, it turns out that I do not violate anything, disc.

Almost every company sooner or later changes its location. The reasons for moving are different for everyone: some companies are expanding, looking for more comfortable working conditions, others are looking for a more economical option, sometimes even moving to the outskirts of cities. And employees can only either agree to work in a new place, or say goodbye to the company. What actions should an employer take in order to correctly draw up personnel documents when moving? Do I need to get the employee's consent to move?
In order to correctly answer these questions, you should look into the employment contract and see exactly how one of the mandatory conditions of the contract is indicated in it - the employee's place of work. Depending on the practice adopted by each employer, the condition of the place of work can be formulated in different ways. AT current legislation there is no explanation of what should be understood as the place of work and whether it is necessary to indicate the specific address at which the employee will work when fixing this condition in the employment contract. Therefore, in practice, someone indicates only the city, someone indicates the completely specific address of the office where the employee works.
However, with regard to employees hired by a branch, representative office or other separate structural unit of the organization located in another location, the employment contract must indicate the place of work, indicating the separate structural unit and its location.
How exactly the place of work is indicated in the contract is a fundamental point. So, if the contract specifies only the locality without specifying the street, house and office numbers, then consent to the transfer of employees to a new location within this locality is not required.
A different situation develops if the place of work is specified up to the address or a structural unit is indicated. In this case, transfer the employee to a new place of work in accordance with Art. 72.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) is possible only with his written consent, with the exception of cases provided for in Part 2, Part 3 of Art. 72.2 of the Labor Code of the Russian Federation, namely: in the event of a natural or man-made disaster, industrial accident, industrial accident, fire, flood, famine, earthquake, epidemic or epizootic and in any exceptional cases endangering the life or normal living conditions of the entire population or part of it, as well as in cases of downtime (temporary suspension of work for reasons of an economic, technological, technical or organizational nature), the need to prevent the destruction or damage to property or to replace a temporarily absent employee, if the downtime or the need to prevent destruction or damage to property or to replace a temporarily absent worker.
The transfer term in the above cases is up to one month.
And of course, the written consent of the employee to transfer it is necessary if the company moves to another area. Under another locality, in accordance with paragraph 16 of the Decree of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", one should understand the area outside the administrative-territorial boundaries of the corresponding settlement.
In fact, when an organization moves to an address other than that specified in the employment contract, or to another locality, one of the essential conditions of the employment contract changes - the place of work. For many employees, especially in large cities, the location of the office is important aspect, because Few people want to spend a lot of time commuting to and from work every weekday. Therefore, before moving, you need to obtain from employees a written consent to their transfer or a written refusal.
With those employees who agree to such changes, it is necessary to conclude additional agreements to the employment contract, in which they indicate the new location of the organization. With the rest of the employees, the employment contract is terminated on the grounds provided for in paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

Check out those who agreed

So, the employee agreed to the move, of which he notified the employer in writing. After that, the parties sign an additional agreement to the employment contract. It is important not to forget about those employees who are on maternity leave, on sick leave or on vacation. They also need to conclude an additional agreement if they agree to move.
With regard to these categories of workers, an additional agreement is signed with them after they start work. Although Art. 125 of the Labor Code of the Russian Federation allows, subject to certain conditions, to recall an employee from vacation, namely:
- with the consent of the employee;
- the unused part of the vacation in connection with this must be provided at the choice of the employee at a convenient time for him during the current working year or attached to the vacation for the next working year.
It is not allowed to recall from vacation employees under the age of 18, pregnant women and employees engaged in work with harmful and (or) hazardous conditions labor.
The agreement must specify the date on which changes were made to the employment contract, the new place of work of the employee and the date from which the employee will have to start working at the new place. The agreement is signed before the company moves.
The supplementary agreement is drawn up in duplicate, each of which is signed by both parties. In the copy of the employer, a note is made about the fact and date the employee received his copy of the agreement.
Then the employer issues an order to transfer the employee to another job in a unified form N T-5 or N T-5a, if there are several employees who agreed to the move (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment).
In that part of the order where it is indicated: "Transfer to another job", in the column "Date" in the field "from" the date from which the employee must start working in a new place is indicated. There is a dash in the "to" column, since the translation is permanent, not temporary. Therefore, the entry "permanently" is also entered in the "Type of transfer" column. The name of the structural unit at the previous and at the new place of work must be indicated in the transfer order only if it was originally indicated in the employment contract. Otherwise, a dash is placed. In the column "Basis" the details of the additional agreement to the employment contract are entered. This completes the execution of the order, and after signing by its head or other authorized person with the order, it is necessary to familiarize the employee against signature.
After that, an entry about the transfer is made in the work book of the employee indicating the new place of work (in column 3 of the work book). The date (in column 2) indicates the date of commencement of work at the new location - it is fixed in the supplementary agreement and in the order. Details of the order are entered in column 4 of the work book. Similar information is entered into the employee's personal card, the entry in which must be certified by the signature of the employee himself.

Without documents

Will it be considered that the employee agreed to the move if he actually went to a new place of work, but did not provide written consent and did not conclude an additional agreement with him? Arbitrage practice gives a positive answer to this question.
Thus, in the employment contract concluded between the parties, the plaintiff's main place of work was indicated as an office at a specific address in Moscow. However, later the place of work of the plaintiff was changed, she was transferred to work in another office together with the defendant, which is located at a different address within the city, i.e. in fact, the plaintiff was transferred to work in another area along with the employer.
At the same time, the plaintiff did not refuse to transfer, although the parties did not make any changes to the employment contract on the place of work of the plaintiff in writing, the order to transfer the plaintiff to another locality together with the defendant's employer was also not issued. The plaintiff worked at the new place of work for several months, after which she submitted a letter of resignation to the defendant.
When considering a dispute between the parties labor relations the court recognized that the employee actually agreed to the transfer (see the decision of Kuzminsky district court Moscow dated September 8, 2010 in case No. 2-3834/10).

Structural units

In accordance with Part 2 of Art. 57 of the Labor Code of the Russian Federation, an indication of the location of a separate structural unit is prerequisite an employment contract concluded with an employee hired to work in a branch, representative office or other structural unit of the organization, and, therefore, its change by virtue of Art. 72 of the Labor Code of the Russian Federation is possible only by agreement of the parties.
Consequently, if one or more conditions of the employment contract are changed and the employee refuses to continue working under the changed conditions, we can only talk about the termination of the employment relationship. Registration of all necessary documents, both with the consent of the employee to transfer between structural divisions, and in case of his refusal, is the same as when moving the main office of the company.
Some employers are trying to pass off the actual liquidation of a structural unit as a move, trying to avoid the fulfillment of all guarantees and compensations provided for by labor legislation for laid-off employees. In such cases, employees dismissed on grounds that do not correspond to reality can only go to court to protect their rights and interests (see the decision of the Kumtorkalinsky District Court of the Republic of Dagestan dated April 26, 2010).
It should be remembered that when the employer moves to another locality (a locality outside the administrative-territorial boundaries of the corresponding settlement), he is obliged to reimburse the employee for a number of expenses, which include:
- expenses for the relocation of the employee, his family members and transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);
- the cost of settling in a new place of residence.
The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract.

Check out those who disagree

After the employee has declared his disagreement with the move in writing, the employer issues an order in the unified form N T-8 or N T-8a (if there are several employees).
As a basis, the order indicates the date and number of the document - the decision to move the company and the date of the employee's refusal. The employee must be familiarized with the order against signature.
In the work book, an entry is also made about the dismissal on the basis of paragraph 9 of part 1 of Art. 77 of the Labor Code of the Russian Federation, which is signed by a familiar employee. In addition, a similar entry is made in the employee's personal card in the form N T-2, in which the employee's signature is also put.
On the day of dismissal, the employee is given his employment history, as well as the wages due to him, compensation for unused vacation(if any) and severance pay in the amount of two weeks average earnings in accordance with Part 3 of Art.

Sample order for office relocation within the city

Taming of the Shrew

What should an employer do in a situation where a specific office address is not specified in the employment contract, which means that the essential terms of the employment agreement do not change, but the employee does not agree with the move and does not go to work at the new location of the company?
AT this case the employee's refusal to perform work at another workplace may be regarded as non-performance or improper performance due to his fault of the tasks assigned to him job duties, which, in turn, will be considered a disciplinary offense, for the commission of which the employer, depending on the severity of the offense committed, has the right to apply one of the provisions of Art. 192 of the Labor Code of the Russian Federation of types disciplinary action: remark, reprimand, dismissal on appropriate grounds.
So, for example, if an employee, due to his refusal, does not go to work at another workplace, then this can be considered absenteeism and will be the reason for his dismissal on the basis provided for in paragraphs. "a" p. 6 h. 1 art. 81 of the Labor Code of the Russian Federation, - a single gross violation of labor duties by an employee in the form of absenteeism, that is, absence from the workplace without good reason throughout the working day (shift), regardless of its (her) duration, as well as in the event of absence from the workplace without good reason reasons for more than four hours in a row during the working day (shift) (see Cassation ruling of the St. Petersburg City Court of November 17, 2011 N 33-17111 / 2011).
So, changing the location of the organization, regardless of whether the company moves within the boundaries of its city or changes it, is not complete without the need to draw up various personnel documents. In all of the above cases of changes in the information or terms of the employment contract, the transfer to another locality together with the employer or the dismissal of the employee on the appropriate basis must be properly executed.

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