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Transfer of an employee to a lower position. Transfer to a lower paid position

That is why companies are interested in eliminating unprofitable production and optimizing the work of staff to the maximum. Content:

  • 1 Transfer to a lower paid job
  • 2 Features of transferring an employee to a position with a lower pay
  • 3 What is included in the procedure for transferring an employee to a lower-paid job?
  • 4 Will there be problems for employers who decide to make such changes?

Transfer to a lower-paid job Transfer to a lower-paid job at the initiative of the employer is always an unpleasant moment for the employee In such conditions, all employers naturally have the question of what to do with specific employees.

The agreement must indicate the new position (profession, specialty, specific type of work assigned), as well as the date of transfer. Based on the agreement, the employer issues an order (instruction) on the transfer in the unified form N T-5, approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1. If the employer is the initiator of the transfer, then by offering a lower paid position, he can explain to the employee the reason for changing the labor function .

However, the employer does not have the right to insist on a permanent transfer.

If the employee does not correspond to the position held: cases of transfer

You cannot force an employee to sign an agreement to transfer to another job. If the employee does not want to move to a lower paid position, then the employment relationship continues without changes.

It is impossible to issue a copy of SZV-M to a retiring employee. According to the law on accounting, an employer, upon dismissal of an employee, is obliged to give him copies of personalized reports (in particular, SZV-M and SZV-STAZH). However, these reporting forms are list-based, i.e. contains information about all employees. This means that the transfer of a copy of such a report to one employee is the disclosure of personal data of other employees.
< … Труд после окончания рабочего дня – не всегда сверхурочная работа Если сотрудник регулярно остается после работы, чтобы доделать незаконченные в течение рабочего дня дела, это еще не значит, что ему нужно оплачивать сверхурочные часы. < …

The next stage is the drafting of a regulation on restructuring in the organization of production, which the employee should familiarize himself with. An employee who does not like the new conditions may refuse, but in this case he will be fired. Any employer can face surprises, and some workers refuse to change conditions and file lawsuits.

In order for the court not to recognize the documents as insolvent, they must definitely be in order, otherwise the former employee will achieve reinstatement in the workplace. After two months, the employer must publish an order to transfer a person, amend the previously concluded employment contract and make a number of amendments to the work book. Official dismissal orders are also being issued for those who do not agree with the new conditions.

Transfer of an employee to another position with a lower salary

The dismissal of a particular employee due to refusal to transfer to another job does not deprive a person of the right to receive severance pay, which is prescribed in labor legislation. Regardless of the real motives of the employer, there is a list of legitimate reasons for transferring employees to a lower paid position:

  • Transfer to the profession that is more suitable for a person for health reasons (carried out on the basis of an ordinary medical report).
  • Transfer by decision of the attestation commission, which will come to the conclusion that the level of qualification is insufficient for the position held.

Transfer to a lower-paid position in case of reduction

Moreover, the employer is obliged to offer all available vacancies, with the exception of higher positions or vacancies available in another locality (unless otherwise provided by the collective or labor agreement). Thus, the employee may be offered a lower or lower paid position. And with the consent of the employee, he will be transferred to a lower-paid job or a lower position.

Dismissal of a parent of a disabled child: there are features In the case when an organization plans to reduce staff and, among others, an employee who is the parent of a disabled child falls under this reduction, it may be necessary to postpone the date of his dismissal or even keep it for him workplace. < … Старые «прибыльные» ошибки иногда можно исправить в текущем периоде Если организация обнаружила, что в одном из предыдущих отчетных (налоговых) периодов при исчислении налога на прибыль была допущена ошибка, исправить ее текущим периодом можно, только если соблюдены два условия. < … Отказ банка в проведении операции можно обжаловать Банк России разработал требования к заявлению, которое клиент банка (организация, ИП, физлицо) может направить в межведомственную комиссию в случае, когда банк отказывается проводить платеж или заключать договор банковского счета (вклада).


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Transfer to a lower position: legal cases and possible violations

Is it possible to transfer an employee to a lower-paid position with his consent

At the same time, transfer to work requiring lower qualifications is allowed only with written consent employee” Article 73 of the Labor Code of the Russian Federation: “If an employee who, in accordance with a medical report, needs a temporary transfer to another job for up to four months, refuses to transfer or the employer does not have the corresponding job, then the employer is obliged to remove the employee for the entire period specified in the medical report. employee from work with the preservation of the place of work (position). During the period of suspension from work, wages are not accrued to the employee, with the exception of cases provided for by this Code, other federal laws, a collective agreement, agreements, and an employment contract.

How to transfer an employee to a lower paid position

  • from one structural unit to another within the same company;
  • from one locality to another with the employer.

The employer must notify the employee of such changes in advance - two months in advance. If the employee does not agree to such changes, then the employer must offer him another job that he can perform, taking into account his state of health.

Transfer to a lower-paid position without the consent of the employee

The body considering an individual labor dispute makes a decision to pay the employee the average earnings for the entire period of forced absenteeism or the difference in earnings for the entire period of performing lower-paid work. At the request of the employee, the body considering an individual labor dispute may limit itself to making a decision on the recovery in favor of the employee of the compensation specified in part two of this article.

The decision on the reinstatement of an illegally dismissed employee at work, on the reinstatement of an employee illegally transferred to another job at the previous job, is subject to immediate execution. If the employer delays the execution of such a decision, the decision-making body issues a ruling on payment to the employee for the entire time of the delay in the execution of the decision of average earnings or the difference in earnings.

Is it possible to legally transfer an employee to a lower paid position?

Will there be problems for employers who decide to make such changes? Employer-initiated transfer to a lower-paying job must have a good reason. If an employee files a lawsuit, the employer must have a good reason for transferring an employee to a lower-paid position. Therefore, employers often persuade employees to write an application for the voluntary transfer of a person to another position on their own.

Naturally, an interested employer must offer a person the conditions to which he agrees, but this procedure will not take as long as three months and will save extra time.

Transfer to a position with a lower salary, the employer forces you to write a statement

Employers, having analyzed all possible options, stop on the fact that it is best to either reduce the number of working people, or reduce existing positions and introduce new ones along with them. It is also possible to transfer employees to a completely different specialty instead of the one they previously occupied.

Thus, company executives and human resources managers may need to transfer individual employees to new jobs and at the same time reduce their wages. Actions depend primarily on what the employer is interested in and what he wants to change.

Sometimes changes affect only the place of work or certain mechanisms for the implementation of work duties, but the employee still remains in the same company and does not need advanced training or a change of specialty.

Is it legal to transfer an employee to a lower paid position?

  • labor law
  • Protection of workers' rights
  • Good evening. My sister is currently on leave to care for her little baby (5 months old).
    And so she works as a machinist of the fifth category at the boiler house. But they are now undergoing some kind of complex reorganization.

    She was summoned by the head of the shop that week and said that many employees would be transferred to other types of work. Like, a lot of jobs will be eliminated. And if you want to have a place of work, you have to be patient.

    As a result, they want to transfer her from the position of a machinist of the 5th category to the position of a cleaner of the 2nd category. Like, there are only places left.

Transfer to another job

In case of contradictions between the Labor Code and other federal law, as well as a local regulatory act containing labor law norms, the Labor Code shall apply.

How to transfer to a lower position?

The norms of the Labor Code have greater legal force than the Charter of a federal state institution.

Attention

Based on this, the Head of the organization cannot transfer an employee to a lower position and / or a lower-paid job and salary without his consent. Thus, the unilateral transfer of an employee to a lower paid position is illegal.

1. In the event of a transfer to another permanent lower-paid job, regardless of the reason for the transfer, the employee retains his previous average salary for two weeks from the date of transfer.

2. In the event of a temporary transfer of an employee to an easier, lower-paid job, remuneration is carried out in accordance with part one of this article, unless the legislation provides for the payment of benefits for obligatory state social insurance, the amount of which is calculated according to general rules and cannot exceed the salary that the employee received for translation. A collective agreement, and if the agreement is not concluded by a normative act of the employer, agreed with the elected body of the primary trade union organization (trade union representative), may establish a requirement to maintain the previous salary throughout the entire time of transfer. In this case, the previous salary is determined in accordance with the general procedure established for calculating the average salary.

3. If the wages of said workers in an easier job are higher than those they received before the transfer, they shall be paid wages corresponding to the work being performed.

Article 216

1. Employees performing in the same person, along with the main job stipulated by the employment contract, additional work in another or the same profession (position) or the duties of a temporarily absent employee without exemption from the main job, are paid an additional payment for combining professions (positions), an increase the volume of work performed, the expansion of the service area or the fulfillment of the duties of a temporarily absent employee.

2. The amount of additional payment for combining professions (positions), increasing the volume of work performed, expanding the service area, fulfilling the duties of a temporarily absent employee is established on the terms stipulated by the employment contract, collective agreement.

Article 217

1. Part-time employees receive wages for the work actually performed on a general basis.

Article 218 work time

1. Payment for part-time work is carried out in proportion to the hours worked or depending on the output.

Article 219. Remuneration for work at night

1. Work at night (Part one of Article 125 of this Code) is paid at an increased rate, established by the general, sectoral (intersectoral) agreements, collective agreement, and if the agreement is not concluded by the employer's normative act, but not lower than 30 percent of the tariff rate ( salary), official salary(wage rates) per hour.

Article 220

1. Work when dividing the working day into parts (Article 134 of this Code) is paid in the amount of at least 20 percent higher than the tariff rate (salary).

Article 221

Transfer to another position at the initiative of the employer

Compensation for overtime work and overtime work

1. In the case of a time-based form of remuneration, overtime work (Article 140 of this Code) is paid at a double rate.

If during the year an employee worked more than 120 hours of overtime, payment for hours worked in excess of this norm is carried out in a triple amount no later than January 15 of the next year.

Employees working on an hourly wage system and for whom the duration of daily work has not been established are paid as overtime for all hours worked in excess of the norm of working hours per week established by law, agreement, collective agreement, in the manner prescribed by paragraph one of this part.

2. In the case of a piecework form of remuneration, work performed overtime is paid at double piecework rates.

3. In the case of applying the summarized accounting of working time (Article 133 of this Code), they are paid as overtime hours worked in excess of the established working time in total for the accounting period in the manner prescribed by parts one and two of this Article. In the event that an employee working on the final accounting of working hours is involved in work on the day of a state or religious holiday (Article 151 of this Code) and the employee refuses to provide him with another day of rest to determine the duration of overtime work, the time of work on the day of state and religious holidays is not included as part of the hours worked, and remuneration is carried out in accordance with Article 222 of this Code.

4. Compensation for overtime work by providing a day of rest (time off) is allowed only in exceptional cases with the consent of the employee.

When carrying out the downsizing procedure in a company, existing vacancies should be offered to employees whose positions are being reduced. In this case, not only an equivalent position can be offered, but also a lower or lower paid position. Should the employee agree to such a proposal and what will happen if he does not agree? Transfer to a lower-paid position in case of reduction, as well as to another position, is allowed only with the consent of the employee. But if the employee refuses this position, then there is a possibility that he will be fired if there are no other vacancies.

Downsizing procedure

Downsizing or downsizing is not the same thing. With a reduction in staff, certain positions are removed from the staff list. With a reduction in the number of employees, the position in the staff list remains, but the number of employees holding this position decreases. For example, in the staffing table there are two positions of a legal adviser. If the position of legal adviser is excluded from the staff list, then there is a reduction in staff. If the position of a legal adviser in the state remains, but the number is reduced by 1 unit, then we are talking about a reduction in the number.

However, regardless of what kind of process is going on in the company, the procedures for downsizing and staffing are virtually identical. The following main stages can be distinguished:

  • making a decision to reduce (an order is issued to reduce the number or staff);
  • a new staffing table is being developed;
  • employees who are subject to reduction are determined taking into account the pre-emptive right to remain at work;
  • employees who have been made redundant are notified of their dismissal;
  • reduced employees are offered vacancies available in the company;
  • notification of staff reduction (number) of the employment service body;
  • notification of the reduction of the trade union and coordination with it of the dismissal of workers - members of the trade union;
  • settlements with employees who refused the proposed positions;
  • transfer of employees who agreed to fill vacant positions;
  • dismissal of employees who refused to transfer.

Transfer of an employee to a lower-paid position

Staff members whose positions are being reduced should be offered vacant positions. Moreover, the employer is obliged to offer all available vacancies, with the exception of higher positions or vacancies available in another locality (unless otherwise provided by the collective or labor agreement).

Thus, the employee may be offered a lower or lower paid position. And with the consent of the employee, he will be transferred to a lower-paid job or a lower position. Will the employee's previous earnings be retained in this case? Certainly not. In this case, payment will be made for a new position, that is, in a smaller amount. For this reason, employees have a question about how long they can consider the employer's proposal, for example, if the employer requires a response as soon as possible.

On the one hand, employees are not required to immediately agree to the proposed vacancies, and employers are required to make an offer of vacancies more than once during the period from the moment of notification of the reduction. However, if the employee does not agree to the proposal received, then this position may subsequently be occupied by another employee.

An employee may refuse to be transferred to a lower paid position. And if there are no other positions of interest to him, then in the event of dismissal due to a reduction in staff, the employee is provided with a number of guarantees:

  • severance pay (the amount of which is the monthly average earnings);
  • preservation of average earnings for the period of employment (up to 2 or in exceptional cases up to 3 months; in relation to employees of the Far North, areas equated to them up to 3 months, and in exceptional cases up to 6 months).

At the same time, working conditions change significantly, which are not mentioned in the employment contract. Is it legal to transfer to another job, what should be taken into account?

General information

The transfer of an employee to another job can be temporary or permanent. Translation goals:

A means of rational distribution of labor Within an organization or between several
parenting method In case of transfer to a more paid position, with an increase) or punishment (in case of violations and, as a result, a reduction
Occupational safety and health facility For example, during pregnancy, for medical reasons
Base To terminate an employment contract
Guarantee of the right to work Employment

It is allowed to transfer to another job only after the written consent of the employee. But if there was no such consent, and the employee started a new job, then the transfer is legal.

The procedure must be formalized by order of the head and an entry in the work book. The Labor Code of the Russian Federation provides for a temporary transfer to another job.

Unlike a permanent transfer, a temporary transfer does not require a written agreement from the employee. Conditions for such a transfer:

  • the basis should be only an exceptional case when there is a threat to life;
  • duration cannot be more than a month;
  • without consent, you can only transfer to work with the same employer;
  • work activity must correspond to the qualification;
  • if the work may harm the health of the employee, then it is not allowed to transfer to such a position;
  • labor should be paid in accordance with the work performed. The salary cannot be lower.

If the above conditions are met, then such a transfer is considered legal, the employee does not have the right to refuse the employer.

During the transition to another job, the employee does not leave his employer, but only changes the type of activity. In what cases is it allowed to carry out the procedure:

  • to reduce or increase the number of workers;
  • when opening new branches of the organization;
  • for career development employee;
  • upon forced removal of an employee from his position.

The employer does the translation. The employee must be informed of your decision in advance.

What it is

A transfer to another job is a change in the labor functions of an employee for a certain time or on a permanent basis.

The employee is provided with work that is not provided for. At the same time, the conditions of its activity are changing.

Regardless of whether the workplace changes or remains the same, they distinguish between transfers to another locality and to another job, but already together with the enterprise.

There is internal and external. The first type is a change in the scope of the employee's activity for a time or a permanent basis. The employer does not change. External transfer - transition to a new leader.

Such a transfer requires the consent of the employee. How to arrange an external transfer to another job? The scheme is simple:

  1. The employee writes a statement.
  2. The employer turns to the future manager with a request to accept an employee.
  3. The reply is in process.
  4. If approved, transfer to a new employer.

Also, the transfer can be temporary and permanent (has no time limit). Permanent types:

  • when the employer does not change;
  • transition to another job with the head. It may be another organization, locality. The employment contract does not change;
  • external translation.

With a temporary transfer, work activity changes for a certain period. It happens by mutual agreement of the employer and the employee, without the consent of the employee, if necessary for the manager.

Advantages and disadvantages of the procedure

The process of transferring an employee to another position has both disadvantages and advantages. Minuses:

  • the new employer may set wages that will be lower than the previous one;
  • long-term adaptation to a new workplace is possible;
  • conflicts with colleagues are not excluded.

Pros:

  • guaranteed employment;
  • no probationary period.

For the guarantees to be valid, the employee must apply to the new employer within a month from the day from the previous place of work.

Before agreeing to a transfer, you need to carefully consider everything, weigh all the advantages and disadvantages.

Current regulatory framework

Dedicated to transfer to another job. The Law highlights the concept of transfer, the main conditions for the procedure and its procedure.

Its form is arbitrary. In the application, indicate the reasons for the transfer, the new position. Then sign it and give it to the head for consideration.

If the transfer is temporary, then the employer and employee draw up an employment contract (some of its clauses change).

If the transfer is permanent, then it is better to terminate the contract, and draw up another one at the new workplace. The employer must issue an order, form - T-5.

In the column "Reason for the transfer" is indicated - "On the initiative of the employee." The employee has the right to demand a photocopy of the order.

If for a lower paying job

If the transfer implies a lower paid position, then this is possible in some cases:

  • as a result ;
  • dismissal due to incompatibility of qualifications;
  • downsizing;
  • mutual consent of the parties.

In these cases, the transfer is legal. There are also illegal ones that you need to know so that the rights of the employee are not violated.

The manager can demote due to the misconduct of the employee. This is illegal, the leader should simply reprimand or deprive.

If the transfer is legal, then its procedure is as follows:

An employee can sue the manager, so all grounds for transferring to a lower-paid position must be justified.

For the first 2 weeks, the employee receives the same salary as in the previous position (with mutual agreement on the transfer). If the reasons did not depend on the employee, then the previous salary is paid for 2 months.

According to medical opinion

This procedure is considered as a transfer initiated by third parties - entities that do not belong to the organization.

With the written consent of the employee, the employer is obliged to transfer him to work, the conditions of which will not harm health.

If the employee refuses to transfer, or the employer does not have a position, then he has the right to suspend the employee from work for such a period as indicated in the conclusion of the doctors. At the same time, the position is retained for him, the salary is not paid.

To a permanent place of work from a temporary

With this type of transfer, there is no need to write an order for dismissal, and then for hiring for a new job.

It is enough to follow a series of steps:

In the name of the head of the organization, the employee writes a statement With a request to transfer him to a permanent job. It must be completed before the expiration of the temporary employment contract. Sign and date the application
The employer issues an order In it, indicate the data of the employee, the type of transfer, the old and new workplace. Order form - T-5. the reason for the transfer is from a temporary basis to a permanent one. The order to sign and give to the employee for familiarization under his signature
Drawing up a new employment contract In which the position, salary, duties of the employer and employee are indicated. Issue in 2 copies
Make a note on the employee card Make an entry in the workbook. Make changes to all necessary documents
In the event of termination of the temporary contract, the employee's length of service will be interrupted Therefore, you do not need to do this, a transfer order will be enough

Formation of the application (sample)

An application from an employee is filled out in a standard form. At the top right, indicate the name of the organization, the data of the head and from whom the application is addressed.

In the text, you must write about your desire to transfer to another job, indicating the position. You can also specify the reason for the transfer.

At the end, sign the application, put the date and transfer it to the personnel department. Based on this, a transfer decree is issued.

An order is an important document confirming the transfer of an employee from one job or position to another. Its form is standard, approved by law -.

The document is filled out by an employee of the personnel service after the written consent of the employee. If the translation is temporary, then you must specify the end date of the new work.

It is also important to indicate the data of the employee, the reason for his transfer, all the details. At the end, be sure to certify the order - by the head of the organization and the employee himself.

Is it possible for an employee to quit?

There are cases when an employee refuses to be transferred to another position, threatens. What to do in this case? The employer must in writing offer him another vacancy.

It must correspond to the qualifications of the employee and his health, not to harm. If this job is not available, then the manager can offer a lower-paid position.

If the employee does not agree with this, then according to the employer has every reason to terminate the employment contract with him.

If the transfer of an employee to another locality is implied, and he refuses, then on the basis of Article 77 he can be fired.

But! If the employer himself does not move to this area, then the refusal of the employee cannot be the reason for terminating the contract with him.

After termination of the employment contract, the manager is obliged to pay a severance pay, the amount of which is two weeks of the employee's salary.

The following entry is made in the work book - dismissed due to refusal to transfer to another job.

Thus, the transfer from one job to another is possible only with the written consent of the employee. Without consent, the transfer will be considered illegal.

However, there are grounds for the transfer, for which the consent of the employee is not required, they are spelled out in Article 72 of the Labor Code of the Russian Federation.

If the employee approves his transfer, then he must write an agreement addressed to the head, if this is his personal initiative, then an application with a request to be transferred to another position.

Companies are faced with a situation where it is necessary to transfer an employee who performs several duties at the same time to a permanent position. ContentsWhat you need to know How to correctly transfer a part-time job to the main place of work Therefore, the question arises whether it is possible to issue a transfer of a part-time job ...

During the operation of the company, its management may take actions to transfer employees on a permanent or temporary basis. Changes may affect the place of employment, position, mode of work, salary, benefits. Personnel can be transferred to those areas where the greatest...

The article will reveal the basic information regarding the transfer of an employee to another job. Is it possible to carry out the process without his consent, what is needed for this and what are the legal grounds for the transfer - more on that later. There are times when an employer needs to transfer an employee to another position or to another ...

Can a manager accept an employee for one position and then transfer the same employee to another position with a lower salary? How to arrange it correctly? The transfer of an employee is due to the fact that his qualifications do not correspond to his position.

According to the first part of Art. 72.1 of the Labor Code of the Russian Federation, a transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area with the employer. Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for in parts two and three of Art. 72.2 of the Labor Code of the Russian Federation.

An employee can also be transferred to a lower-paid job. According to the fourth part of Art. 72.1 of the Labor Code of the Russian Federation, it is not allowed to transfer an employee to work that is contraindicated for him for health reasons. As we understood from the question, we are talking about a transfer to another permanent job.

Labor legislation contains a requirement that earnings from a new job correspond to the average earnings from a previous job only for cases of temporary transfer, the need for which is caused by emergency circumstances (parts two to four of article 72.2 of the Labor Code of the Russian Federation). In all other cases, remuneration is made according to the work performed (part one, article 132 of the Labor Code of the Russian Federation). Thus, it is possible to transfer an employee to "another position with a lower salary", if he agrees to this.

The transfer of an employee to another job is formalized, as a rule, by an additional agreement to the employment contract, which specifies all the changes to be made. The agreement must indicate the new position (profession, specialty, specific type of work assigned), as well as the date of transfer. Based on the agreement, the employer issues an order (instruction) on the transfer in the unified form N T-5, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1.

If the employer is the initiator of the transfer, then by offering a lower paid position, he can explain to the employee the reason for changing the labor function. However, the employer does not have the right to insist on a permanent transfer. You cannot force an employee to sign an agreement to transfer to another job. If the employee does not want to move to a lower paid position, then the employment relationship continues without changes.

At the same time, if the employee does not correspond to the position held or the work performed due to insufficient qualifications, the employer has the right to terminate the employment contract with such an employee under clause 3 of part one of Art. 81 of the Labor Code of the Russian Federation. At the same time, the discrepancy between the employee of the position held or the work performed due to insufficient qualifications must be confirmed by the results of certification.

In accordance with the third part of Art. 81 of the Labor Code of the Russian Federation on this basis, it is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (as vacant position or work corresponding to the qualifications of the employee, as well as a vacant lower position or lower paid job) that the employee can perform taking into account his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Prepared answer:
Legal Consulting Service Expert GARANT
Komarova Victoria

Checked answer:
Reviewer of the Legal Consulting Service GARANT
Mikhailov Ivan
Company "Garant", Moscow

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service. For more information about the service, contact your manager.

Good afternoon.

Translation is possible only with your consent. The translation is formalized by an additional agreement to the Employment Contract indicating all the conditions to be changed. The agreement is signed by the parties and is an integral part of the employment contract.

According to paragraph 7 of Article 77 of the Labor Code of the Russian Federation, if the employee refuses to continue working due to a change in the essential conditions of the employment contract, and a change in wages is an essential condition of the employment contract, the employment contract is subject to termination.

Your employer offers you a different job to replace the one you are doing by transferring you from one position to another.

According to the first part of Art. 72.1 of the Labor Code of the Russian Federation, a transfer to another job is a permanent or temporary change in the labor function of an employee. Transfer to another job is allowed only with the written consent of the employee, with the exception of cases provided for in parts two and three of Art. 72.2 of the Labor Code of the Russian Federation.

An employee can be transferred to a lower paid job. The exceptions are the grounds specified in the fourth part of Art. 72.1 of the Labor Code of the Russian Federation, namely, it is not allowed to transfer an employee to work that is contraindicated for him for health reasons.

Remuneration is made according to the work performed (part one, article 132 of the Labor Code of the Russian Federation).

The translation, in most cases, is formalized by an additional agreement to the employment contract, which stipulates all the changes made to the employment contract. The agreement must indicate the new position (profession, specialty, specific type of work assigned), as well as the date of transfer. Based on the agreement, the employer issues an order (instruction) on the transfer in the unified form N T-5, approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1.

By offering a lower paid position, the employer can explain to you the reason for changing the job function. However, the employer does not have the right to insist on a permanent transfer. You cannot be forced to sign an agreement to transfer to another job.

Based on the foregoing, it follows that you can be transferred to another position with a lower salary, but only if you agree to this.

You also indicate in the question that the position is being reduced in your department, which means that the employment contract with you can be terminated in the event of a reduction in the number or staff of the organization's employees. (Article 81 of the Labor Code of the Russian Federation)

Dismissal on the grounds, reduction in the number or staff, is allowed if it is impossible to transfer the employee with his written consent to another job available to the employer (both a vacant position or a job corresponding to the qualifications of the employee, and a vacant lower position or lower-paid job) that the employee can perform with considering his state of health. At the same time, the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other localities, if it is provided for by the collective agreement, agreements, labor contract.

Thus, answering your question, it can be clarified that the employer does not have the right to force you to sign a transfer to another position, however, if you refuse this transfer, your employer, having fulfilled all the requirements of the law, will simply dismiss you due to a reduction in the number or staff . These are the risks for you.

Best regards, Sergei.