39. The Department of Labor may demand that the person or establishment provide with work the wage earner who has been rejected without sufficient reason. Furthermore, it may demand that the said person or establishment compensate the wage earner according to the tariff rates for the time lost between his rejection and his acceptance pursuant to the decision of the Department of Labor.
ARTICLE V
TRANSFER AND DISCHARGE OF WAGE EARNERS
40. The transfer of wage earners in all enterprises, establishments, or institutions employing paid labor, can take place only if it is required in the interest of the business and by the decision of the proper organ of management.
Note. This rule does not apply to work with private individuals employing paid labor, if the work is of the subdivisions mentioned in “b” and “c” of Section 6.
41. The transfer of a wage earner to other work within the enterprise, establishment or institution where he is employed may be ordered by the managing organs of said enterprise, establishment or institution.
42. The transfer of a wage earner to another enterprise, establishment or institution situated in the same or in another locality, may be ordered by the corresponding organ of management with the consent of the Department of Labor Distribution.
43. The order of an organ of management to transfer a wage earner as mentioned in Section 40 may be appealed from to the respective Department of Labor (local or district) by the interested individuals or organizations.
44. The decision of the Department of Labor in the matter of the transfer of a wage earner may be appealed from by the interested parties to the District Department of Labor or to the People’s Commissariat of Labor, whose decision in the matter in dispute is final and not subject to further appeal.
45. In case of urgent public work the District Department of Labor may, in agreement with the respective professional unions and with the approval of the People’s Commissariat of Labor, order the transfer of a whole group of wage earners from the organization where they are employed to another situated in the same or in another locality, provided a sufficient number of volunteers for such work cannot be found.
46. The discharge of wage earners from an enterprise, establishment or institution where they have been employed is permissible in the following cases: