What is better for the employee and the manager - transfer or dismissal? Dismissal by transfer: benefits and guarantees for the employee.

An employee from one organization to another or to another position in the same enterprise through dismissal is accompanied by a number of bureaucratic formalities. The process is regulated by legislative normative acts.

Internal and external transfer to another job

Transfer from work to another can be both internal and external. It depends on the movement of employees within the organization or on the release of vacancies in other enterprises.

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1. Internal involves a change of workplace in the same organization. The employee is entitled to transfer to another unit or change position. This is possible only in agreement with the manager, but the only exceptions are unforeseen circumstances, for example, natural disasters, emergencies and other incidents.
2. The concept of an external transfer is the complete termination of an employment contract with an employer and the conclusion of an employment agreement with another within a month.

When an employee moves to another place, but if the company remains the same and dismissal is not required.

The process of dismissal through transfer

The basis will be a letter of invitation from an employee to new job. On the basis of a court decision, the employer is obliged to employ the citizen, and, among other things, an administrative penalty in the amount of 100,000 rubles is imposed on the former.

Another problem may be the disagreement of the employer for whom the employee is currently working. In this case, only one decision is made - dismissal for own will. In the latter case, the employee loses all translation privileges.

The video will tell about the dismissal in translation order:

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The transfer of an employee with the execution of a dismissal is a situation that occurs infrequently, so sometimes it leads to a dead end for both the employee himself and the employee of the personnel department. Let's take a closer look at the situation and try to take into account all the details.

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Types of translation in labor law

The most important task in the transfer of an employee is the correct execution of documents. One of the following documents will be required first:

• A written request from an employee to transfer him to another organization (in the event that he independently found a new position more suitable for him in another company).
• Written consent of the employee to the transfer (if the employer himself dismisses him for the transfer).

The basis should be precisely the statement written by the employee himself. In this regard, it is immediately worth noting that dismissal for the purpose of transfer can be both internal and external. An internal transfer is a re-registration within one large organization, for example, from one division (branch) to another.

An external transfer is the dismissal of an employee from one legal entity for the purpose of his employment in another. The second type is absolutely excluded without the written consent of the employee. Article 72.2 of the Labor Code of the Russian Federation lists all situations in which an internal transfer can be carried out without his permission.

The application of the employee is drawn up in such a way that it must contain:

• date of dismissal;
• the position for which the employee will be hired;
• the name of the organization to which the employee is transferred;
• the nature of the work (you must specify "permanent");
• expected date of entry into office.

The application is made in the name of the head of the organization.

The initiative to transfer to another employer. Agreements. Guarantees

Very often, a person, having found a more suitable position in another organization, quits, works out the weeks required by law, and only then brings in new company. At the same time, this person will not receive any guarantees in accordance with the Labor Code of the Russian Federation. His place in the new company can simply be taken while he is busy working out and processing documents.

Guarantees for such an employee can only be provided if the dismissal is made for the purpose of transfer in accordance with all the rules provided for in the legislation.

Consider all alternative versions possible in such a situation:

• Version one. The future management sends a letter to the organization where the person works, with a request to dismiss him from his position in the order of transfer. The letter is issued on official letterhead on behalf of the head of the company. It will serve as a kind warranty obligation. If the new management refuses these obligations, this will entail administrative liability for violation of the law Russian Federation as well as fines. Responsibility is determined depending on who violated the code (legal entity, official or private entrepreneur).
• Version two. If there is no letter of invitation, this guide can also help a person complete one by requesting it. Such cases are not uncommon. For example, in case of forced reduction, organization "A" agrees with organization "B" to accept part of the employees for vacant positions.
• Version three. Tripartite agreement between all parties. This is the most the best way, but the least common in practice.

The advantage of the agreements is that in this case the employee can claim, in accordance with the Labor Code of the Russian Federation (Article 169), even for relocation compensation if the new organization is located in another city. The agreement can prescribe any conditions, as long as they do not contradict the current legislation.

When and under what conditions is the transition to another employer in the order of transfer

The main condition for the transfer is the interest of the employee himself. He also has the right to ask for leave until the moment of dismissal. From here there can be two solutions (both of them are legitimate):

1. Provide vacation. In this option, the day of dismissal will coincide with the last day of vacation.
2. Refuse to provide it. Upon dismissal, you will need to pay compensation.

When you need a letter from a future job

To summarize: if guarantees are important to a person that a place is assigned to him, then a letter must be received. An employer interested in qualified personnel will certainly provide all guarantees to the one who arranged it in all respects. Such paper is also very important for the management that draws up the dismissal: during any check, the papers will be in perfect order.

The letter is attached to the application or sent directly to the head.

Documents to be issued upon dismissal

Upon dismissal, in the order of transfer, the following documents are drawn up:

• Official letter from the organization accepting for employment.
• Employee statement. Management must sign it.
• Dismissal order (unified form T-8).
• Employment history.

There is nothing complicated, do not forget to indicate the exact reason for dismissal.

The procedure for dismissing an employee in the order of transfer (step by step instructions)

Having collected the grounds for dismissal, the personnel department employee begins to draw up the procedure:

• First, draws up an order in the T-8 form, indicating right reason and the name of the article of the Labor Code (Art. 77, paragraph 5 of part 1). The supporting documents must be listed. The employee reads the document and signs it.
• Secondly, the personnel officer fills out a personal card. In section XI, you must correctly fill in all the columns. After giving it to the employee for signature along with the order.
• Thirdly, an entry is made in the work book (according to the Instruction approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69). There should be no shortcuts!
• Fourthly, the calculation of funds is carried out, the payment is made, including payments for, which is described in detail above.

At parting, you should give the employee a certificate of wages for the last two years and a work book. Since then, the employment relationship has been officially terminated.

What to do if the employer refuses to hire

Unfortunately, sometimes this happens. The former leadership fulfilled all obligations, and the new one went into denial. In this case, the employee can sue.

In the event that the dismissal by transfer was properly executed, the court will rule in favor of the plaintiff. A previously executed agreement or a letter of invitation from the company will play a huge role (it is better to make a copy of it even before dismissal).

If the defendant loses the case, he will be obliged to accept the plaintiff into service. In addition, he faces a fine. For legal entities its size today is from 30,000 to 50,000 rubles. They can also suspend activities for up to 90 days, and this is already serious. For a repeated violation, activity is suspended for a period of one to three years.

All large and self-respecting organizations are fighting for real specialists, offering Better conditions, opportunity for career development and other privileges. Upon receipt of more advantageous offer there is no need for a standard dismissal procedure. The transfer to a new company is not complicated in any way, but it is backed up by guarantees of maintaining the place.

Transfer to another position is also a kind of dismissal procedure. However, it differs significantly from other mechanisms in that immediately . However, there are many features here.

The differences between these two types

Classification

Dismissal by transfer is permitted by article 72.1 of the Labor Code. The main difference from other types of care is the guarantee of employment. It can be internal and external.

• - occurs within the organization when an employee remains subordinate to the same hirer, but his duties or structural subdivision changes. This category also includes the movement of an employee to another locality if the enterprise or company has changed its location.
• - the employee changes the employer with the consent of both the former and future employers. In this case, the employee goes only to a permanent job.

The transfer implies the mandatory consent of the employee. Exceptions occur only during internal rearrangement and are usually associated with force majeure: accidents, fires, disaster recovery, and so on. Also, if a worker is transferred to the same position and with that report, his consent is not always necessary.

Initiators

The initiator can be either an employee or an employee.

• In the first case the employee is advised to obtain an invitation from a future employer in order to guarantee himself employment. Then the employee writes a statement, and if the manager agrees, then the dismissal procedure can be started.
• In the second case the hirer must obtain a signed employee agreement for an internal or external transfer.

The transfer of pregnant women, maternity, single mothers or large families at the initiative of the employer is prohibited.

Registration

If the consent of all three parties is reached, which indicates the reason for terminating the employment contract, the name of the company to which the employee is transferred, the details of the documents, and it is also necessarily mentioned that the procedure is carried out with the consent of the employee or.

An entry is made in the labor record, where the article is indicated - clause 5 of part 1 of Art. 77, that is, dismissal on transfer, and the reason is described - or its independent decision. When enrolling in a state at a new place of work, it is noted in the book that the employee was accepted in the order of transfer. The employee must be paid and issued.

If an employee is dismissed in this way, the new employer does not have the right to refuse him employment. However, this agreement lasts only 1 month. If during this time the employee does not have time to transfer - due to illness, for example, then the hirer may refuse to take him to work.

Methods

• - the most common and most unprofitable way for the worker. It does not imply any guarantee of employment or compensation. In addition, he can receive the status of unemployed, as well as due payments, only after 3 months.
• – more good option. At the same time, the length of service is preserved for 1 month, the citizen receives the status of unemployed on the 9th day after registration, the allowance is paid longer. It is also possible to receive compensation if the initiative to terminate the employment relationship came from the manager.
• - does not imply, but guarantees compensation for at least 2 months, and in some cases for 3, if during this time the worker does not find a new job.
• - initiated by the employer, does not involve any benefits and creates an unflattering reputation for the employee.
• - a fixed-term contract has an agreed end date. If neither the employee nor the employer is eager to extend it, a dismissal is made within this period. Compensation is not stipulated, but the status of an unemployed employee is received in the same way as one who quit by agreement of the parties - from the 9th day after registration.

All of the above methods do not imply employment, while this is guaranteed when transferring.

Which is better - transfer or dismissal

The transfer dismissal is the result of a tripartite agreement. This is one of the rare situations that is beneficial to all parties to the contract. However, there are some pitfalls here.

For an employee

If the employee is satisfied with the proposed position and salary, then this method of dismissal literally consists of some advantages:

• the contract stipulates a clear date of departure;
• if at the same time the employee needs to move to a new place of residence, he has the right to demand compensation for the move;
• wages are maintained or even increased;
• compensation for unused vacation days is paid by the previous employer;
• the employee hired by transfer does not pass the probationary period;
• employment is guaranteed, so there is no need to register with the Exchange or look for a job yourself.

The only drawback of this solution is that the guarantee of employment lasts for 1 month. If during this time the employee does not go to a new place, the hirer has the right to refuse him, so that he will not be able to rest before new labor achievements.

For boss

Dismissal by transfer is also beneficial for the employer if he is satisfied with the prospect of losing an employee. The benefits are:

• dismissal on transfer can be initiated by the employer himself. With a reduction in staff or, this is a much more profitable way for the manager, since it excludes compensation and additional payments;
• if the termination of the relationship was initiated by the employee, then by agreement, the hirer can specify the date of dismissal in his own interests: for example, so that the resigning person has time to transfer his official duties to another employee.

The disadvantage is the possibility of losing a valuable employee.

Useful information

Dismissal by transfer has some features:

• if the procedure is started at the initiative of the employee. He draws up an application of the appropriate form indicating the name of the organization and the position for which he is going to be accepted. A letter of invitation from a prospective hirer is also required;
• if dismissal by transfer is proposed by the boss, a written agreement of the employee for the transfer is necessary - both external and internal;
• the dismissal order is issued only in the unified form T-8;
• the refusal of a new employer to accept an employee who left due to a transfer and arrived before the end of the agreement is a violation of the law. The court at the same time imposes a fine - 10-20 thousand rubles. for an official, and up to 100 thousand for a legal entity;
• it is more profitable for the employee to achieve the conclusion of a tripartite agreement. The execution of such an order is accompanied by relevant documentation. The latter acts as proof of the offer if the future hirer has refused the place and the worker goes to court;
• the labor code prohibits the transfer of young specialists to positions that do not correspond to their qualifications and specialties;
• a transfer may be offered to a worker on probation. Moreover, at the new place of work, a new probationary period is not assigned.

Dismissal by transfer is a somewhat more complicated procedure than leaving at will or by agreement of the parties. However, this option is beneficial to both the entrepreneur and the employee.

How to arrange the transfer of an employee, the video below will tell:

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.

IN Labor Code there is no 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 the transfer, and his employer is against it, then the employee has no choice but to leave of his own free 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 hire 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 is issued.
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.