1999 - year of foundation
200+ customers
100% post-payment
150+ existing contracts
1999 - year of foundation
200+ customers
100% post-payment
150+ existing contracts
According to the general rule: transfer to another job (i.e., assigning an employee another labor function not provided for by the employment contract) is carried out only with their consent. Without consent — this is an exception that works not “when the manager needs it,” but when there is a threat to people or consequences of emergency events.
Otherwise, the transfer order easily turns into evidence in a labor dispute.
The employer has the right to transfer an employee without their consent for a period of up to one month to another job not stipulated by the contract if the following conditions are simultaneously met:
Additionally, the law prohibits transferring without consent in such cases pregnant women, women with a child with a disability or a child under six years old, as well as persons under 18.
During the period of martial law, the employer may transfer an employee without their consent to another job not provided for by the employment contract if:
Important limit: without consent, it is impossible to transfer to work in another locality where active hostilities are ongoing.
Separately about downtime: as a general rule, in case of downtime, transfer is allowed with the employee’s consent (Art. 34 of the Labor Code), however, in wartime, the mechanism of Art. 3 of Law No. 2136-IX may work — but only if the above grounds are present.
Practical Minimum for the Employer:
Issue an order, clearly describe the basis (what specific threat/consequences), the term (if Art. 33 of the Labor Code is applied), payment terms, and the start date of work, and also do not ignore medical restrictions.