It so happens that the employer is forced to "migrate" and move production facilities to another locality. The legislation defines this term as a locality located outside the administrative-territorial border of a given settlement. If such a possibility is not stipulated in the primary employment contracts, employees have a choice - to quit or conclude an additional agreement and move to a new place of work.
What is "another area"
The employer can change the place of initial deployment of the enterprise for any good reason, including proximity to sources of raw materials or labor reserves. In this case, it becomes necessary to send some of the workers to a new place of work. In addition, such a need may appear when an enterprise has an extensive network of divisions or new branches are opened where there is a need for qualified personnel.
According to the Decree of the Supreme Court of the Russian Federation No. 2 dated March 17, 2004, another locality is considered to be the territory outside the administrative-territorial boundaries of the settlement where the enterprise was previously located. In this case, a transfer from one city to another, even if they are located in the same administrative region, is considered a direction to another area. If such an opportunity was not stipulated in the employment contract, the employer must act according to certain rules so as not to violate the Labor Code of the Russian Federation.
How to transfer an employee to another location
After the management of the enterprise has made a decision to move it to another place, each employee is sent a written notification of this with a proposal to follow there together with the employer. Employees of the enterprise must be familiarized with this notification against signature. Some employees may be dismissed on the basis of clause 7, part 1 of Art. 77 of the Labor Code of the Russian Federation, since the terms of the employment contract have changed. Employees must be warned about this no later than two months before the transfer or dismissal.
Each invited employee makes a decision and if he refuses to move, the employment contract with him is terminated on the basis of clause 9, part 1 of Art. 77 of the Labor Code of the Russian Federation. The dismissal procedure takes place in accordance with Part 3 of Art. 178 of the Labor Code of the Russian Federation, and all those dismissed or resigned are paid severance pay in the amount of two-week average earnings.
With those employees who agree to transfer to another place of work, an additional agreement to the employment contract is signed to change its terms. In the event that, at the same time, any adjustments are made to the local regulations previously in force at the enterprise, employees should be familiarized with them in the manner prescribed by law. After that, an order is issued, with which each employee should be familiarized with signature. The order is registered, and information about the transfer is entered into personal cards and other documents of employees. When transferring, the employer is obliged to reimburse all the costs of moving not only the employee, but also all members of his family, as well as the costs of settling him in another place of residence.
