1999 - year of foundation

200+ customers

100% post-payment

150+ existing contracts

When Can an Employee Be Transferred to Another Job Without Their Consent?

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.

Temporary Transfer Under Art. 33 of the Labor Code (KzPP)

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:

  • the work is not contraindicated for the employee due to health reasons;
  • the transfer is needed only to avert or eliminate the consequences of natural disasters, epidemics/epizootics, industrial accidents, and other circumstances that pose or may pose a threat to the life or normal living conditions of people;
  • payment for the work performed — but not lower than the average earnings at the previous job.

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.


Transfer During Martial Law (Art. 3 of the Law of Ukraine “On Organization of Labor Relations Under Martial Law”)

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:

  • such work is not contraindicated due to health reasons;
  • the transfer is carried out exclusively to avert or eliminate the consequences of hostilities or other circumstances that pose or may pose a threat to the life or normal living conditions of people;
  • payment for the work performed is not lower than the average salary at the previous job.

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.

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    30

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    120 specialists received support after being laid off.

    120

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    3,700 specialists in Ukraine worked on the solar power plants project.

    3,700

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    THE LONGEST CUSTOMER COOPERATION

    The contract has been in place for 21 year and is still active.

    21

    Year

    RECRUITMENT TEAM BEFORE THE CRISIS

    25 recruiters were closing up to 600 applications per year.

    600

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    WOMEN'S TEAM

    95% of the Ukrainian team are female.

    95%

    Women

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    Customers who chose cheaper competitors return in 1–2 years.

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    In 25 years, not a single customer has been lost due to non-fulfillment of obligations.

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