Dismissal by transfer: benefits and guarantees for the employee. Personnel accounting

Dismissal by transfer to another organization is often practiced by holding companies. Find out who benefits from it and how to draw up the procedure correctly, download samples of the necessary documents

From this article you will learn:

Dismissal by transfer: what the law says

Article 72.1 of the Labor Code of the Russian Federation allows for the possibility of dismissal by transfer to another organization by mutual agreement of the parties. This procedure can be carried out either at the request of the employee or at the initiative of the employer. In any case, written confirmation of his consent must be obtained from the employee.

If the initiative comes from the employee, then he must provide the manager with a statement and a letter from the future employer about the intention of employment. Without such a letter, the current employer may refuse. This is primarily due to the need to indicate in the order and work book the name of the legal entity to which the outgoing person is leaving.

The initiative of the employer is formalized by the proposal (notification) of the employee. The offer must be made in writing and the company must take care to confirm the fact of familiarization. Otherwise, you may receive penalties.

The procedure for dismissal by transfer to another organization

At the initiative of the worker

The first stage of this procedure is the submission of an application to the employer. Moreover, when transferring, working off is not canceled and, accordingly, the application must be submitted at least 14 calendar days before the expected date of departure. Of course, the employer can let go earlier, but this is his decision.

Together with the application, the employee provides a letter from the future employer, with a clear intention to employ. It also prescribes the period in which such employment is possible (how long the company is ready to wait for a person). The legislator defines this period as 1 month.

On the last day of work, prepare Required documents to terminate the contract and to calculate and pay the money due. Dismissal occurs according to paragraph 5 of Art. 77 of the Labor Code of the Russian Federation. This article is indicated both in the work book and in the order in the T-8 form.

The employee is entitled not only to all unpaid wages, but also compensation for unused vacation. There are no additional benefits and compensations provided by the state for transfer through dismissal.

At the initiative of the employer

The employer can also offer dismissal with a transfer to another organization. How to do it right?

As a rule, such transfers are practiced by companies that have not one, but several legal entities. Depending on the needs of the business, employees are transferred from one legal entity to another.

First of all, the procedure must begin with the submission of a proposal.

The notice (proposal) indicates not an ultimatum statement, but an opportunity. The document should be drawn up in 2 copies, and on the company’s copy, get a person’s mark of agreement or disagreement in the translation. The Labor Code does not contain a norm obliging the employer to warn of dismissal in advance. Therefore, if agreed, it can take place on the day of notification.

It is also worth getting a corresponding statement from the departing employee in order to cut off possible claims. Otherwise, the procedure does not differ from the procedure for terminating the contract at the initiative of the employee.

Enrollment in labor

An entry in the work book is made on the last day of work after the issuance of the dismissal order. The basis for termination of the contract is paragraph 5 of Art. 77 of the Labor Code of the Russian Federation. The entry will sound as follows: “Dismissed by way of transfer to Prometey LLC, paragraph 5 of the first part of Article 77 of the Labor Code Russian Federation”.

In this case, the host organization in the employment record must indicate the company from which new person arrived, for example: “Accepted in the order of transfer from Alfa LLC to the position of a system administrator in the information technology department.”

Calculation of payments

On the day of dismissal, the employee is paid all due wages for the time worked, as well as compensation for unused vacation. Compensation is required. The legislation does not allow the transfer of non-holiday days to a new employer.

Compensation is paid for all vacation days that were not used by the employee. Their calculation is based on the average annual income of the departing.

Who benefits from being fired by transfer?

First of all, the worker himself. After all, the law obliges the new employer to employ the candidate during the transfer within a month. With this type of termination of the contract, a person does not go anywhere, but has ways of retreat.

Hello! Not every manager is familiar with the dismissal of an employee in the order of transfer to another organization. Now we will tell you in detail about all the intricacies of this procedure and teach you how to draw up all the necessary documents.

Features of dismissal in the order of transfer to another organization

To better understand the depth of the issue, let's start with a definition.

Transfer dismissal- this is the termination of the contract (employment contract) of an employee with one employer and its simultaneous conclusion with another employer.

For example, an employee occupies a permanent position in one organization, but he was offered a more profitable job in another enterprise. Then he can transfer from one job to another. In fact, the employee leaves the old enterprise and gets a job at a new one.

But before firing a translation employee, the manager must have certain reasons. This is a letter - an invitation from a future employer to the present. With the consent of the employee and a written request, the current manager may dismiss the transfer employee.

The Labor Code does not spell out a clear algorithm for the leader's actions in this case. The mention of transfer to another organization can be found in article 77 of this document. Therefore, when drawing up documents for dismissal by transfer, reference is made to Article 77 of the Labor Code of the Russian Federation.

In fact, business leaders do not receive much benefit from this process. What can you say about the employees. In the event of dismissal in this way, the state protects the rights of a citizen, thanks to which he receives one hundred percent employment.

If the manager refuses to release the employee

If the employee has expressed a desire to quit on transfer, and his employer is against it, then the employee has no choice but to leave on own will. In this case, the employee is left without protection before the new leader.

That is, if the dismissal occurs by transfer, then the receiving party must employ the employee within a month, otherwise he may go to court. By a court decision, they can either restore him to his previous place of work, or oblige the head of the host enterprise to hire this employee.

In the event that the dismissal occurs of one's own free will, then there will be no one to present claims.

Translation and development

In case of dismissal due to transfer, the dismissing party may force the employee to work for a 2-week period. During this time, the manager will be able to find an employee who will replace the dismissed one.

It may be terminated ahead of schedule, by agreement of all parties. In this case, the employee will not have to work out the prescribed 2 weeks.

Types of transfers

Dismissal on transfer can be external and internal.

Internal transfer (transfer within the company) is when the employer remains unchanged, but the position of the employee changes, his place of work, etc. such a transfer can be both permanent and temporary.

External transfer (transfer to another company) - occurs when an employee moves from one employer to another. At the same time, at a new place of work, he must be hired only for a permanent position.

In any case, the consent of the employee is a prerequisite for the transfer.

Options for dismissal in the order of transfer to another organization

There are several options for dismissing translation employees. It all depends on who takes the initiative.

Option 1: The employee independently found an organization where he would like to work.

If the head of this organization is ready to take on an employee, then he writes an invitation letter addressed to the current head, where he confirms that he is ready to take on his employee.

This written notice is mailed or delivered in person to the current manager. If he agrees with the transfer, the employee writes in order of translation on the basis of which a dismissal order is issued, an entry is made in the work book, a personal card, the final payment is made, and documents are issued in hand (work book and income statement for 2 years).

With them, the employee goes to a new place of work, where his employment takes place.

Option 2: The initiative comes from the leader.

There are times when an organization urgently needs to reduce the number of employees, lay off part of the staff. In this case, the employer can independently find a new job for the employee. Managers discuss all the nuances and receive written consent for the transfer from the employee. A tripartite agreement is signed, which specifies the position, salary, working conditions, etc.

Each of these options has its own characteristics. Therefore, any manager needs to know and be able to fill out all the necessary documentation. Now we will analyze in detail each translation option so that you learn all the subtleties of this procedure.

Step-by-step instructions for dismissal on transfer at the initiative of the employee

1. The current employer receives an invitation letter from an organization that is ready to accept his employee. It is drawn up in any form on the letterhead of the organization. It should indicate the position for which the employee is being accepted and the approximate date of employment. Sometimes such a letter indicates the amount of the future salary, but this is not necessary.
2. An employee who wants to transfer writes a statement addressed to the head of the organization that he wants to quit due to the transfer.
3. After signing the application, a letter is sent to the organization that will employ the dismissed employee, which confirms the transfer. This item is optional, and the letter is drawn up for management's consideration.
4. Further, the head of the enterprise forms an order, where it is necessary to indicate on whose initiative the transfer is carried out "In the order of transfer at the request of the employee." In addition, the order must make a reference to clause 5, part 1, article 77 of the Labor Code of the Russian Federation.
5. After signing the order, it is registered in the Register of orders for personnel.
6. The order must be communicated to the employee in writing.
7. After that, in the employee’s personal card (T-2), on the fourth page, an entry is made about the dismissal of the employee, where they also make a reference to Art. 77 of the Labor Code of the Russian Federation. The employee must be familiarized with all records, after which he puts his signature on the card.
8. After that, the corresponding work book entry employee, according to the Instructions for filling out a work book.
   There are 2 recording options:

In addition, the work book indicates the number of the order for dismissal and its date. The entry must be made without abbreviations, certified by the seal and signature of the head.

1. On the last working day, the employee is calculated by filling out a note-calculation (form T-61). Thus, the employee is paid compensation for vacation and wages for the days worked.
2. After that, the former employee is issued a work book. An entry must be made about this in the Book of Accounting for the Movement of Labor Books, where the employee puts his signature.
3. In addition to the work book, a certificate of wages for 2 months.
4. After that, the dismissed employee is obliged to find a job at a new job within 1 month.
5. When registering at a new location, a record is made in all relevant documents that it was accepted by transfer.

Dismissal of an employee by his consent (the initiative comes from the manager)

The variant of this translation procedure is similar to the previous one, so we will not repeat ourselves, but will talk about the differences and features of the translation at the initiative of the manager.

1. The heads of enterprises agree among themselves that one dismisses the employee, and the second accepts. This can be confirmed by an invitation letter (as in the first version).
2. After that, the employee himself should be familiarized with the upcoming transfer. In writing, he must be told about the position he will occupy, about working conditions, and name the amount of salary. If the employee does not agree to the transfer, then no one can force him to change his place of work.

If the employee agrees to the transfer, he can make a note on the written notification “I agree to the transfer”, while putting the date and signature. A tripartite agreement is being drawn up.

1. After that, the receiving party receives a confirmation letter.
2. At the enterprise where the employee is fired, the manager issues a dismissal order, which states that the dismissal occurs with the consent of the employee. It is also necessary to refer to Article 77 of the Labor Code of the Russian Federation.
3. After that, appropriate entries are made in the work book and personal card, which also indicate that the dismissal is carried out with the consent of the employee . A sample record of dismissal in the order of transfer in the work book was considered earlier in the first version.
4. It is necessary to acquaint the employee with all records and orders against signature.
5. A calculation is made with the payment of all compensations, after which a work book and a certificate of income for 2 years are issued.

Basic documents for registration of dismissal

All letters are written in free form. The application from the employee and the order of the head must be drawn up in accordance with all the rules. Below we provide a table with which you can correctly compose the necessary document.

Application from an employee

1. Name of the addressee; 2. Full name of the employee; 3. Title of the document (application); 4. The essence of the statement "I ask you to fire me ..."; 6. Signature.

Order (order) on dismissal

1. Name of the organization; 2. The name of the document and its number (Order No. ...); 3. Date of compilation; 4. Method of terminating the ore contract; 5. Full name of the dismissed employee; 6. Personnel number, position; 7. Basis for calculation; 8. Information about available documents that confirm the legality of dismissal on transfer; 9. Date and signature of the head; 10. The column “I am familiar with the order”, where the resigning employee puts his signature.

Compensation for dismissal by transfer

On the last working day, a full payment is made to the employee. Most often, this is payment for his days worked and compensation for vacation.

How compensation is calculated, let's look at an example.

Example: Suppose that an employee leaves on 06/30/2016, while he did not go on vacation this year. If the amount of his annual leave is 24 days, then the company must pay him compensation for 12 days.

Vacation upon transfer

When an employee comes to find a job at a new place of work, his vacation is not saved. He can go on vacation no earlier than after 6 months. The exceptions are:

• Leaving on maternity leave;
• If the dismissed employee is under 18 years of age;
• Registration of leave by an employee who is an adoptive parent of a child up to 3 months.

Who can be fired in order of transfer

Any employees can be dismissed in this way if they have given their consent to this or have taken the initiative on their own. This category includes single mothers, mothers of many children, women in maternity leave etc.

Advantages and disadvantages of dismissal

All positive and negative sides Let's look at transfer dismissals in the table.

Conclusion

Dismissal by transfer to another organization is a simple process. But, nevertheless, it requires certain knowledge from the manager and the personnel department. We hope that after reading our article, you have learned a lot of new things and now you can easily apply for a dismissal for a translation of any complexity.

Dismissal in the order of transfer to another organization can be issued when there is consent:

director of the company in which the citizen is invited to work;

invited employee;

employer from the previous place of work.

In this case, it is possible to terminate the employment contract at the previous place of work. Transfer to another organization without dismissal is not allowed.

How is an invitation issued by a company?

It is no secret that the leaders of many companies are eyeing the employees of competing firms or their business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization. Often they are ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal by transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is opposed to leaving his company, the invited employee can leave it on his own initiative.

Letter of resignation in order of translation, sample

Dismissed in the order of transfer can only be with the consent of the employee. Therefore, he must document his positive response to the transition in writing. The wording “I agree to the transfer” is indicated on the invitation from another employer. After receiving the document, the director issues an order to terminate the contract.

How is an application made?

Dismissal by transfer to another organization can become good option for an employee who decides to leave the company and has already found new job. Dismissal in connection with the transfer is a guarantee that within a month from the date of departure, the new employer will sign a contract with him. Also, the absence of a mandatory two-week working off (by agreement of employers) and the absence of a probationary period at a new place of work can be considered an advantage. A citizen can ask the head of the company in which he wants to find a job to send a request to his current employer. He must also write a letter of resignation in the order of transfer.

Sample application:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with the specified employee for employment in his company.

Issuance of a transfer order

The head issues a dismissal order drawn up by. The following documents are indicated as the basis for leaving:

invitation of a future employer;

the consent of the current employer;

statement or consent of the worker.

The dismissed person is introduced to the order under the signature. On the day of his departure, the payment is transferred to him and the book is returned with an entry on the termination of the contract made in it.

What does a contract termination record sound like?

Information fits into a personal card and work book on the last working day. The wording may be as follows: " Dismissed in connection with the transfer at the request of the employee (or with consent) to (name of the enterprise), paragraph 5 of Article 77 of the Labor Code of the Russian Federation". Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees employment to a citizen. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in a new organization are an invitation to transfer and the consent of a citizen. If the employer decides to refuse the invited employee employment, he can file a complaint with the labor inspectorate or sue him. If the court decides in favor of the plaintiff, he will oblige the new employer to sign a contract with him from the day following the day of leaving the previous place of work.

The legislation also provides for administrative liability for such a violation. According to part 3 of Art. 5.27 of the Code of Administrative Offenses, a fine in the amount of 10 to 20 thousand rubles may be imposed. per official, from 50 to 100 thousand rubles. to the organization.

An entry is made in the work book about the transfer of the employee, and not about his dismissal.

The basis for the transfer is an invitation from the future employer in writing.

The notice states:

• date of employment of the employee;
• position;
• salary;
• exemplary contract (duties and so on);
• other important information.

The issue of transfer is agreed by the present employer with the employee. According to, if the employee agrees to the transfer, he must write a statement about this. On its basis, the current employer will send confirmation/consent to the transfer to the future employer.

Who is subject to

With the consent of the employee, he can be transferred to work in another organization. This applies to all employees, regardless of their status (disabled, single mother, and so on).

Law

Any working relationship is regulated by the Labor Code of the Russian Federation. In the Decree of the State Statistics Committee No. 1, you can find forms of accounting documents. In the Decree of the Ministry of Labor No. 69, you can find information on filling out work books.

All disputes arising in the course of working relationships are regulated by the Code of Civil Procedure of the Russian Federation.

Is it necessary to provide reasons?

The employee is not required to justify the reason for his desire to transfer to work in another organization. The employer is obliged to justify the reason for the dismissal of the translation worker. As a reason, he may indicate an invitation from a future employer.

The procedure for dismissal by transfer to another organization

The transfer process looks like this:

1. The employer receives an invitation to work for an employee from another employer.
2. The employer coordinates the transfer with the employee.
3. If the employee agrees, he writes a corresponding statement.
4. According to, the employer must issue an order to transfer the employee (order).
5. An appropriate entry is made in the work book.
6. An appropriate entry is made in the employee's personal card.
7. The accounting department makes the necessary calculations.
8. On the day of the transfer, the employee receives the payments due to him, the work book and the personal income tax certificate.

Filling out documents

Read below about how documents are filled out during translation.

Statement

How to write an application for a transfer to an employee?

Enter the following information into it:

• to whom the document is addressed;
• your personal data;
• the essence of the request (“please translate ...”);
• date;
• signature.

If the employer agrees to the transfer, he must sign the application. Subsequently, it will be filed with the employee's personal file.

Order

An order is issued with the following information entered into it:

• Business name;
• order number;
• publication date;
• the reason for termination of the contract with the employee (transfer);
• employee details;
• calculated data;
• date, seal, signature.

The employee must sign the order, or rather, mark that he is familiar with it.

The order is registered in the “Order Log”.

Important! If an employee with financial responsibility is transferred, the employer must issue him a certificate stating that he does not have any material claims against him.

Mark in the work book

An entry is made in the work book on the basis of Art. 84 of the Labor Code of the Russian Federation. The reason for the transfer (dismissal) must match the one in the relevant order.

The entry in the workbook must contain the following information:

• No. and date of the order;
• record number;
• reason for dismissal.

The record is confirmed by the signature of the personnel officer and the head of the organization, the seal.

What payments are due

When transferring, according to Art. 84 of the Labor Code of the Russian Federation, on the day of the actual dismissal, the employee receives a salary and compensation for vacation, if he has not used it before.

Exceptions:

• decree;
• transfer of minors;
• leave of employees with adopted children under the age of 3 months.

Advantages and disadvantages

The employee must carefully weigh the pros and cons of the transfer. Let's discuss the pros and cons of dismissal by transfer to another organization.

For an employee

Important! After being fired from a previous job by transfer, a citizen must write an application for employment to a new employer no later than 30 days after the fact of dismissal.

An employer who offered a citizen a transfer, and then refused to employ him, bears administrative responsibility.

For the employer

For an employer, transferring an employee to another organization is akin to a regular dismissal. If the process is carried out in accordance with the Labor Code of the Russian Federation, all payments are made on time and in full, there will be no negative consequences.

There is only one minus - the need to look for a new employee to replace the old one.

Transferring an employee from one company to another is not at all difficult. However, the process requires knowledge. Experienced HR professionals know how to do it. The information presented in the article will help a young specialist.

You will need

• - employee's documents;
• - order forms (form T-8 and T-1);
• - application forms (about dismissal, admission);
• - forms business letters(request, notification, response);
• - Labor Code RF;
• - documents and seals of enterprises.

Instruction

When the employer is the initiator of the transfer, then the director of the company who wishes to hire employee, must write a letter of inquiry addressed to the sole executive body of the enterprise where the employee works. The letter specifies the date from which the new employer intends to apply for the employment of a specialist, as well as the position and department (service, structural subdivision) where the employee is required. The manager may ask the current employer to write and send a reference to the employee.

After agreeing with the specialist, the director of the enterprise where the employee currently performs his labor function should send a response letter to the future employer. In it, he needs to write about his positive decision regarding the transfer and obtain consent employee for such a procedure.

Now the employee needs to write a statement addressed to the director of the company where he is registered. In it, he should express his request for dismissal from the enterprise and transfer to another company. The application is signed by the employee and endorsed by the sole executive body.

When the transfer is initiated by the specialist himself, he needs to write an application addressed to the head of the organization. After reviewing the document, the director of the enterprise must send a letter of notification to the employer for whom the employee wants to work. It has a sole executive agency notifies the head of the company that the employee has expressed his request for transfer to this company, and also enlists the consent of the specialist.

The procedure for dismissal from the enterprise is as follows. An order is issued (form T-8 is used), a personal card is closed and an entry is made in the work book employee about dismissal by transfer. In the information about the work, a reference is made to Article 77 of the Labor Code of the Russian Federation, a seal is put, the signature of the responsible person. The accounting department pays due upon dismissal cash.

After receiving the work book in hand, the specialist must write an application, the director must issue an order (T-1 form). An employment contract with an employee is concluded on a general basis (without establishing a probationary period). Moreover, the employer does not have the right to refuse to hire an employee, which is regulated by the Labor Code of the Russian Federation. Violation of the law entails penalties.