Legal aspects of transfer to another work

The article deals with the issues of legal regulation of transfer to another work. Specific attention is paid to the notion of transfer to another work. Drawbacks of current labour legislation and draft Labour code of Ukraine in respect of this issue are highlighted. The admissibility of usage in legislation of the category “change of terms of labour contract” is proposed and substantiated. It is mentioned, that change of terms of labour contract is provided by the withdrawal from agreed terms of contract in the form of addition, cancelation and correction of determined terms of contract content. At the same time, it is necessary to obey the appropriate requirements in respect of validity of agreements: 1) free will of parties; 2) parties of labour contract should stay capable in the future; 3) change of a term shouldn’t make worth the status of employee in comparison with the current legislation. It is stressed, that as a result of agreement on the change of terms of labour contract, the content of the agreement is obtaining different content. At the same time, labour contract as the basis for arising of labour legal relations is saving its legal force, as well as legal connection between parties of labour contract is saved. Agreement of parties of labour contract on change of its terms should be the exceptional basis for the order (resolution) edition on the change of terms of labour contract. Employer is obliged to clear up the change to the employee under the receipt within the time limits, prescribed by the legislation. Introduction of such generalized notion as “change of terms of labour contract” into labour legislation should stipulate the appropriate legal regulation of labour relations. Additionally, regarding the historical traditions, that exist in labour law, the admissibility of application of term “transfer” in respect of legal regulation of space change of labour legal relations is substantiated. In the context of researched issue, the author objects possibility of acknowledgement of shifting of an employee to another working place as a form of change of labour contract. At the same time, it is emphasized, that the shifting shouldn’t address the terms of labour contract.