Dismissal due to transfer to another organization: record in the labor. How is the dismissal in the order of transfer to another organization

Not always dismissal from a position means the loss of a job. Dismissal by transfer means that the employee leaves one workplace and moves on to work on something else. At the same time, he does not lose wages and other benefits of the working person provided for by law. Both the employee and the employer should be aware of the procedure for removing from a post and transferring to another.

When they talk about the procedure for transferring from one employer to another, they mean the termination of employment on the basis of Article 77 Labor Code RF in paragraph 5, part 1. There are three parties involved in the agreement: the employee, the current employer and the new employer. At the same time, the agreement states that the latter is guaranteed to accept an employee for the vacancy.

Dismissal through transfer is classified into two types:

1. External. Dismissal is carried out by transfer to another organization to the main place of work.
2. Interior. The process takes place within a single firm. The decision is made by both the employer and the employee. This may be a change of position, finding a new job. Also, a new post is offered both on a permanent basis and on a temporary basis.

Any decisions should be made only with the consent of the employee himself.

Depending on who is the initiator of the transfer, there are several types of dismissal:

• the employee independently found another company to continue his seniority. In this case, the new management is obliged to send a written invitation. Notification sent by registered mail or transferred personally to the current leader. With the consent of the current employer, an application is required from the employee. The document becomes the basis for the order, the entry in the labor, in the personal card and for the full calculation;
• The decision to transfer is made by the head of the enterprise. It may be necessary to lay off all employees as soon as possible. In this case, the employer independently, if desired, finds another place of work for the dismissed worker. Employers reach an agreement among themselves, discuss all the details of a future agreement. After receiving confirmation from the employee, an agreement is drawn up with the participation of three parties, signed and enters into force.

The rules for dismissal and the procedure for the procedure are fixed in the Labor Code of the Russian Federation, in article number 77, paragraph 7. There are many nuances and features in this process, because correct filling all required documents is a guarantee that no claims will arise from either party.

In the internal transfer of a worker, another article of the labor law No. 72.1 part 3 is used.

Procedure and procedure for the employer

For any type of transition from one position to another, the following documents are required:

• a completed application form from a retiring employee;
• a written invitation from a new employer;
• an agreement drawn up in the form of a letter concluded between two leaders. This document is drawn up if the decision was made by the current employer.

All documents indicate the full name of the new company, vacancy, job responsibilities, department or division, salary, work and rest hours.

What to do if the employee does not agree with the place provided? In this case, the employer can dismiss the employee without transfer. If the worker agrees to move to another position, then this is reported in writing. For the personnel department, the dismissal procedure does not change and occurs in the same way as with routine care employee.

There are small nuances of the transition with external and internal type.

The transfer of an employee through dismissal in one organization requires written approval of this process. The personnel department is preparing an order to complete the procedure. The document is signed and enters into force.

An internal transfer is properly executed if an additional agreement has been concluded with the employee. The document prescribes the conditions for the transition, the amount of wages, the future position.

The head of the enterprise from which the translation employee plans to leave must have sufficient grounds for dismissal. If an invitation came from the new company and the current employer agrees, then it is legal to use the translation article.

If the employer refuses to release the employee, the latter has to write an application for own will and point to the relevant article.

It is important to understand that when a citizen leaves the company due to a transfer to a new position, the new management is obliged to accept the employee. Otherwise, the latter has full right apply to the judicial authorities to protect their right to employment.

At the same time, the worker is not released from the obligation to work for 14 days at the old place of work, after submitting an application.

Today, the law has become strict in relation to the terms in the documents. In particular, this applies to letters of invitation, dismissal from and the conclusion of a new employment contract. If earlier in the labor code it was stated that a new employer cannot refuse an employee to draw up an employment agreement, even if he appeared after three months. It was article 16, these conditions were prescribed in paragraph 2.

Changes were made later. In 2019, upon receipt of a letter inviting to a new position, the employee must come to another enterprise within 30 days from the date indicated in the document. If this does not happen, then the further conclusion of the employment contract remains at the discretion of the new employer.

Cancellation of an invitation unilaterally is not possible. Otherwise, the new applicant applies to the judicial authorities and restores his rights.

In every process of dismissal, there are positive and negative sides. In this case, the consequences are reflected in both parties to the contract.

For an employee who is about to leave for another enterprise:

• pros. Getting a new job is guaranteed within 30 days. There is no probationary period for taking up a new position resulting from a transfer;
• minuses. If a decision was made and an application was written, then there is no way back and it is impossible to pick up the paper.

For an employer leaving an employee:

• pros. With downsizing, it's more economical in financial plan exit. There is no need to pay an employee a severance pay upon dismissal;
• minuses. You need to know the nuances of the procedure, the correctness of paperwork.

Two documents start the process of dismissing an employee in connection with the transfer:

1. Statement of decision to transfer to another job received from an employee.
2. Notification from the manager about the need to transfer to a new position or a new enterprise.

All intentions are made exclusively in writing.

When receiving an application from his employee, the employer must put his visa in the corner of the document. Without the consent of the current manager, the dismissal process cannot be formalized. The employee must submit a new application with a different reason. More often they put an article of their own free will and work out 14 days. It should be noted that leaving the enterprise on the basis of Art. 80 of the Labor Code of the Russian Federation, provides that a new employment will be with the passage of a probationary period. Also, a new employer may refuse to accept a job.

The law does not provide for an article that allows transfer to another organization without dismissal. The work book must contain a record of dismissal from one position, indicate the article and acceptance to another place of work.

When the company has employees who are on maternity leave, then any actions in relation to them are of a special nature and have nuances.

Dismissal and transfer to new job takes place only with the consent of the citizen. Article 72.1 of the labor law does not clarify the issue of pregnant women and child care. The process is accompanied by a release from execution official duties at the old enterprise and official registration at the new one.

Article 84.1 regulates the documents to be submitted and the procedure for:

• an application form is filled out with a request to dismiss in connection with the transfer;
• an order is being prepared for the enterprise. The basis is the statement;
• the employee familiarizes himself with this document and puts his signature;
• labor is issued on hand.

There is no single application form, therefore the paper is filled out arbitrarily, but indicating the required details:

• personal data of the employee, position held;
• indicate the day, month and year when the transfer is scheduled;
• the full name of the new company is written, what position is planned to be held.

The new job must be accepted within 30 days. If the deadline is missed, the new employer may refuse to accept the employee for the vacancy. This is regulated in article 64 of the Labor Code.

An employer, having a young mother or expectant mother on staff, must know the features of dismissal:

• the release of the workplace occurs only at the request of the maternity leave. The tenant does not have the right to carry out this procedure at his own discretion. Article 77, paragraph 5 in the first part is prescribed in the labor;
• early call from maternity leave if the baby is under three years old, it is impossible. Even if it is necessary for paperwork. A date is agreed with the woman when it will be convenient to come to the personnel department or an appointment is made at home;
• before starting the dismissal procedure, the maternity mother must give written consent;
• if a woman is on leave to care for a baby, then the leave is interrupted at the old place of work and resumed at a new one, after submitting an appropriate application.

In order for the transfer not to violate Article 72.1, which stipulates a ban on providing a workplace that is contraindicated for medical reasons, you need to make sure that an employee can work in a new position, this will not threaten her health.

Otherwise, the procedure for the procedure and documents correspond to the standard dismissal for the transfer of an ordinary employee.

Translation of a part-time job

The procedure for transferring a part-time worker has two types:

• internally. When the transfer takes place within the enterprise, an additional agreement is signed with the employee. At the same time, the existing position is retained by the employee, only the load is added, fulfilling additional job obligations;
• external. This type of transfer involves dismissal from the main position in this company and transfer to another enterprise for the main position, but the employee continues to perform certain duties in the previous post.

Upon dismissal through a part-time transfer, the old employment contract is terminated and a new one is concluded, which specifies the working conditions, wage, number of working hours, holidays.

In this article I will tell you about the intricacies dismissal by transfer to another position or to another employer. I will consider the important aspects of drawing up a letter of resignation by transfer. I will open what are required in case of dismissal by transfer of compensation and payment, what entry should appear in the work book and describe the step-by-step procedure for such a dismissal.

The legislation of the Russian Federation provides an opportunity for an employee quit by transferring to another employer. This method of terminating an employment relationship is in many ways similar to voluntary dismissal, but it has its own nuances and advantages, which I will tell you about in this article.

○ Dismissal in order of transfer.

✔ What does the Labor Code of the Russian Federation say about dismissal by transfer?

Dismissal by transfer is provided for by Article 72.1 of the Labor Code of the Russian Federation, it can be both internal and external. With an external transfer, you terminate your employment relationship at your job and sign a new employment contract with another employer.

With an internal transfer, only the duties of the employee can change, or the employee moves to another workplace within his organization.

External transfer (dismissal by transfer to another organization and employer) always involves reaching an agreement between the employer, the employee who wants to transfer and the new employer. The initiator in such a dismissal can be both an employee and an employer.

✔ What will be the entry in the labor?

Further, information that the employment contract was terminated under clause 5, part 1, article 77 of the Labor Code of the Russian Federation must be entered in your work book. Information is also entered with the consent or at the request of the employee, a transfer was initiated. The record is certified by the signature and seal of the employer.

When applying for a job with a new employer, a record is made in the employee's worksheet that he was accepted in the order of transfer.

✔ Dismissal or transfer, which is better?

There is no fundamental difference in choosing one or another method of dismissal for you, because one way or another, the employment contract will be terminated, and another one will be concluded in a new place. But, nevertheless, dismissal by transfer still provides a guarantee to the employee that he does not go anywhere, since the law prohibits the employer from refusing to hire such an employee. This condition is valid for a month from the date of dismissal of the employee from the previous organization.

✔ Order and step by step procedure.

The basis for starting the transfer procedure is the will of the employee of the organization, his employer, as well as the future employer, and consists in the request or consent of the employee to dismiss in this way.

First of all, the employee must receive an invitation from the future employer to take a vacant position. Further, guided by clause 5, part 1, article 77 of the Labor Code of the Russian Federation, the employee sends a statement to the head of his organization, in which he sets out a request for dismissal by transfer to a new job. And only after obtaining consent from the employer, the transfer procedure can be started.

In addition, the transfer proposal may come from employers. In order to start the transfer, they will need to obtain written consent from the employee.

It should be remembered that it is impossible to refuse employment to an employee who is invited in the order of transfer from another organization. Penalties are imposed on the head of the organization for refusal.

After an agreement has been reached between the three parties on dismissal by transfer, an order of the established form T-8 is issued. It states the reason for the termination of the employment contract with the employee, the name of the organization to which the employee is transferred, it is indicated whether the employee is transferred with the consent or at his own request, as well as the details of the documents that served as the basis for the transfer. The date and signature is affixed. After that, the employee gets acquainted with the order against signature.

Dismissal in the order of transfer of a pregnant woman and maternity leave is also permissible only with their consent or at their request. If such an employee is not against moving to a new place of work, then his transfer is made in accordance with Art. 84.1 of the Labor Code of the Russian Federation. At a new place of work, you can apply for parental leave, payment of the due allowance.

The same applies to mothers of many children and single mothers. The employer does not have the right to initiate the transfer of such an employee at will. This procedure requires the will of three parties: the current employer, the new employer and the employee.

○ Dismissal by transfer to another organization.

✔ Dismissal by transfer to another employer.

As mentioned above, dismissal is in many ways similar to a transfer, but there are still certain features that distinguish them.

• Firstly, if you leave in the order of transfer, then the legislator guarantees such an employee employment with the employer to whom he is transferred (Article 64 of the Labor Code of the Russian Federation). But this guarantee is valid only for one month from the date of dismissal from the previous job. Therefore, if you do not have time to transfer, for example, due to illness, then after a month the employer has the right to refuse you.
• Secondly, an employee leaving by transfer, in accordance with Art. 70 of the Labor Code of the Russian Federation does not establish a probationary period.
• Thirdly, the employer must receive from the place of work where the employee intends to transfer, a letter of intent from the new employer to accept him.

In the article, we will analyze how to issue a dismissal in connection with a transfer to another organization, what payments the employer is required to make upon transfer, and also find out how to make an entry in the work book of an employee who is transferred to work in another organization.

Dismissal due to transfer to another organization: grounds for the Labor Code of the Russian Federation

The procedure for dismissal of an employee in connection with a transfer to another employer is regulated by paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation. According to labor law such a transfer is a general basis for termination of employment relations and requires mutual agreement of the parties.

In practice, dismissal by transfer to another organization is used in companies that are related common activities, but at the same time they are designed as different legal entities. In particular, the dismissal is documented by the transfer of an employee from a subsidiary to the parent company, provided that the former and new employers are different legal entities, and not structural divisions within one legal entity.

How to dismiss an employee in connection with a transfer to another organization: documents, calculations, entry in the work book

When transferring an employee from one organization to another, the employer terminates the employment relationship with the employee on the basis of his written application, as well as in the presence of guarantees for the subsequent employment of the employee in another organization.

The procedure for dismissing an employee for transfer to another organization is in the instructions below.

Step 1. Translation letter of guarantee

As a rule, at the preliminary stage, the current and future employer approve an agreement on the transfer of an employee to a new position in another organization. The agreement may be oral or in writing. In the latter case, the upcoming transfer of the employee is confirmed by a letter of guarantee drawn up by the new employer.

The letter is drawn up in free form with the following information:

• guarantees on the conclusion of an employment contract;
• the nature of the work and working conditions under the new employment contract (position, salary, work schedule);
• desired date of conclusion of the employment contract.

A letter of guarantee is issued in the name of the head of the organization in which the employee is currently employed. The text of the letter also provides for notification and consent of the employee to the transfer (column “I have read and agree to be transferred to LLC _____ to the position ____ from _____”, Full name of the employee, date, signature),

Step #2. Letters of resignation

With the consent of the employee to the transfer, as well as on the basis of an agreement between employers, the employee draws up a letter of resignation.

Since we are talking about a transfer through dismissal, the application must be drawn up with the wording “Please dismiss ...”, and not “Please transfer”.

The application form is not approved by law. The document can be issued in free form, but at the same time contain the following mandatory information:

• Full name, position of the head of the organization in whose name the application is being submitted (current employer);
• Full name, position, personnel number of the employee who submits the application;
• request for dismissal due to transfer ( “On the basis of clause 5, part 1, article 77 of the Labor Code of the Russian Federation, I ask you to dismiss me in connection with the transfer to LLC ____ ...”);
• the date of dismissal, determined on the basis of a letter of guarantee and in accordance with an oral agreement with the employer;
• date of the document.

After signing, the employee sends the application to the current employer.

Step #3 Dismissal order

Having received a statement from the employee, the current employer draws up an order for dismissal in connection with the transfer to another company.

The order can be drawn up both in free form and with using a standardized form. In each case, the text of the order must contain the following information:

• name of the organization (current employer);
• number, date of the dismissal order;
• Full name of the employee dismissed in connection with the transfer to another organization;
• date and number of the employment contract to be terminated;
• date of dismissal, which is determined in accordance with the application;
• grounds for termination of the employment contract (clause 5, part 1, article 77 of the Labor Code of the Russian Federation);
• documentary basis for drawing up an order (statement of an employee dated ____);
• Full name, position of the head approving the order (current employer).

The order signed by the manager is transferred to the employee for review (“I have read the order Full name, signature»).

Step #4 Settlements and payments

Despite the fact that we are talking about the transfer of an employee, in fact, the employer terminates the employment relationship with the employee, which means that it acquires obligations for accruals and payments, which are provided for in connection with the dismissal in the general manner.

On the day of termination of employment in connection with the transfer, the employer is obliged to pay the employee:

• salary for the time actually worked in the current month;
• compensation unused vacation based on the average daily earnings for each day of rest.

When paying wages and compensation, the employer withholds NDF at a rate of 13% (resident employee) or 30% (non-resident employee), after which he transfers the tax to the budget. The deadline for paying personal income tax to the budget is no later than the day following the day of dismissal and settlements with the employee.

Step #5 Entry in the work book

Dismissing an employee in connection with a transfer to another organization, the employer makes an entry in the work book and issues the document to the employee "in hand".

In the work book, the employer reflects an entry on the termination of labor relations with an employee on the basis of clause 5, part 1, article 77 of the Labor Code of the Russian Federation. The record of dismissal is certified by the signature of the responsible person (head, head of the personnel department, another employee authorized to sign such documents on the basis of a power of attorney) and sealed with the seal of the organization.

When an employee is dismissed due to transfer to another organization, the employer makes an entry in the work book on the day of dismissal. Also on the day of termination of the employment contract, the employer is obliged to issue a work book to the employee. The transfer of a work book to a new employer is not allowed directly.

Consider an example . 10/30/2018 Ulyanova E.D. filed a letter of resignation from LLC Shans in connection with the transfer to LLC Magnat. The date of termination of the employment relationship according to the application is 11/05/2018. According to the letter of guarantee sent by Magnat LLC to the management of Shans LLC, the new employer undertakes to employ the employee on 11/06/2018.

Based on the letter of guarantee and Ulyanova’s statement, an employee of the personnel department of Shans LLC prepared an order to dismiss the employee on November 05, 2018 in connection with the transfer to another organization (clause 5, part 1, article 77 of the Labor Code of the Russian Federation).

On the day of dismissal on November 05, 2018, Ulyanova was paid a salary for the days actually worked in November (from November 1 to November 5 inclusive), as well as compensation for unused vacation, calculated on average earnings.

Also on 11/05/2018, an employee of the personnel department made the following entry in Ulyanova's work book:

record number	date
	Number	Month
3	08	04	2015	Admitted to the sales department as a sales manager on the basis of an employment contract No. 15 of 04/08/2018
4	05	11	2018
				Head of Human Resources Stepanova / Stepanova S.D./

On 11/05/2018, the work book was issued to Ulyanova "in hand".

On November 6, 2018, Ulyanova was employed at a new place of work with the following entry in the work book:

record number	date			Information on hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and referring to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
	Number	Month
				Society with limited liability"Chance"
3	08	04	2015	Admitted to the sales department as a sales manager on the basis of an employment contract No. 15 of 04/08/2015	Order dated 08.14.2015 No. 15/T
	05	11	2018	Dismissed due to transfer to work with another employer in accordance with paragraph 5 of part 1 of Article 77 of the Labor Code Russian Federation	Order dated November 05, 2018 No. 18 / y
				Head of Human Resources Stepanova / Stepanova S.D./
	06	11	2018	Admitted to the export sales department as the head of the department on the basis of an employment contract No. 88-4 dated November 06, 2018	Order dated November 6, 2018 No. 15/3-4/T
				Head of Human Resources Surkov / Surkov V.L./

The Labor Code of the Russian Federation provides for the procedure for dismissing an employee by transferring to a third-party organization. There can be many reasons for this dismissal. The procedure itself is quite simple, but has a number of important features.

What should the dismissed employee know? What are the pros and cons of transferring to another organization?

Peculiarities

The procedure for calculating employees of organizations upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure Transfer is carried out in the presence of a written invitation from a third-party organization. As Article 72 says, it is possible only on the basis of a written application from the employee. After that, an appropriate order is issued.

Justification of the reasons for the transfer

According to current legislation, upon dismissal, employees are not required to report the reason why they intend to transfer to another employer. Therefore, the application must indicate that the employee is leaving due to the transfer. And if there is an invitation from a third-party organization, you must indicate that the employee confirms his consent to the transfer.

In the order, the management of the organization must indicate the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.

Transfer order

Dismissal in the order of transfer to another employer begins with the writing of an application by the employee. According to paragraph 1 of Article 84 of the Labor Code, after the application, an order is issued in the T-8 form, which is approved by the State Statistics Committee. Documents are usually prepared in the personnel department. After publication, the order is submitted for signing to the director of the organization. Without fail, the employer informs the dismissed person about the issuance of the order. After signing this document, in the absence of comments to it, they begin to fill out the work book. All the necessary data is entered into the employee's personal card. After that, in the accounting department they produce and issue certificates of 2-NDFL and on deductions to the Pension Fund of the Russian Federation and the FSS. Day of dismissal - the date indicated in the order.

Dismissal by transfer: statement

The application must include the following information:

• Full name of the employee;
• the name of this document and its essence;
• The current date;
• employee's signature.

After the application is signed by the director of the organization, it is filed in the employee's personal file.

Order

Dismissal in connection with the transfer cannot be carried out without an order. It must contain:

• full name of the company;
• title;
• publication date;
• description of the method of termination of labor relations;
• Full name of the dismissed person, his position, number according to the timesheet;
• links to documents confirming the legitimacy of the dismissal;
• CEO's signature;
• company stamp.

At the end of the order, there should be a column called “I am familiar with the order”, where the employee confirms the notice of dismissal with his signature. Information is entered into the employee's personal card on the basis of this document, and a copy of the order and a receipt stating that the company has no material claims against the employee are also attached to it. The order must also be numbered.

Record in the labor: dismissal by transfer

The work book is drawn up in accordance with the requirements of the Labor Code. The entry to be made must contain a reference to Article 84.1. The reason for dismissal, the date of publication and the number of the corresponding order must also be written. The entry made must be certified by the signature of the general director of the enterprise or the person responsible for labor documentation. After the book is filled out, the seal of the organization is put. But when applying for a new position, a note is made about acceptance to the position in connection with the transfer.

Are compensations provided?

Dismissal in the order of transfer to another employer involves a full settlement with the previous one. And this means that workers are entitled to compensation:

• for hours worked;
• for unused holidays.

In accordance with Article 84 of the Labor Code, the date of calculation is considered to be the day of dismissal. However, if at that moment the employee was absent from work, the calculations are made no later than the day that follows from the moment the application for payments was submitted. If the employee quits at the moment when he is on sick leave, the employer is obliged to pay for this vacation.

In case of late payment of all compensation to the former employee, the employer must by law pay interest on the unpaid amount. Even if there are no funds in the organization, this is not a reason for violating the terms of payments. Otherwise, the dismissed employee has the right to apply to the court.

Working off

According to the Labor Code of the Russian Federation, when transferring to a third-party organization, the former employer has the right to require the dismissed employee to work for 2 weeks from the date of writing the application. In fact, this is not a working off, since the employee notifies the employer of the dismissal exactly 14 days in advance. This period is necessary to find another employee for a vacant position. However, in agreement with the superiors, the employee may quit earlier.

What about vacation?

As mentioned above, dismissed employees are paid compensation for unused vacation days. However, the law does not provide for its preservation during translation. This rule applies in general cases. Thus, the employee will be able to use the leave at the new enterprise only after 6 months of work (Article 122). The transfer can also be carried out with the preservation of vacation under the following circumstances:

• maternity leave;
• the dismissed person is a minor;
• the dismissed person adopted a child under 3 months old.

Consequences for the worker

Dismissal in the order of transfer to another employer has some advantages, which include:

• guaranteed employment;
• no need to pass

In accordance with the requirements of Article 64, an agreement is concluded with the new organization. In this regard, the employee should apply to a new enterprise for the purpose of conclusion no later than 1 month from the date of settlement. If a person refuses to conclude a new agreement, he faces administrative liability.

Significant disadvantages include non-preservation of previous earnings. After all, a third-party organization is in no way connected with the former one. In addition, the law does not provide for transfer without dismissal.

Consequences for the employer

In its essence, this procedure does not have negative consequences for the organization. This method of terminating an employment agreement is not much different from the familiar standard dismissal procedure. As a disadvantage, however, one can single out the need to find another employee, especially when the dismissed person is a qualified specialist.

Nuances

Now let's dwell on special cases of dismissal during the transfer.

If a woman is dismissed while on maternity or parental leave, the procedure can only be carried out with her consent or on her initiative.

Establishes the impossibility of transferring young specialists to third-party organizations for positions that are in no way related to the specialization received. An employee can lose this status only because of his actions, and this is fraught with the loss of the due benefits and compensations. But the loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.

Dismissal in the order of transfer to another employer is a simple and intuitive process. The basis for its registration is the application of the employee. After that, an order is issued and signed by the head. The employee is required to be notified. After that, the final settlement is made in the accounting department of the enterprise: the employee is paid all the due compensation for vacation and days worked. If payments are not made on time, the employee has the right to sue the organization. The process is essentially no different from a regular dismissal. However, employers make an appropriate entry in the work book. For the employer, dismissal does not have any negative consequences. But for the employee, this threatens to reduce the amount of earnings and loss of time.

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 has decided to leave the company and has already found a 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 his previous job.

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.