In the first case, it occurs between different departments of the same company; in the second case, the employee is transferred to another organization.

The last type of translation raises the most questions and difficulties. That is why it is worth considering this procedure and the features of its implementation in more detail.

With a transfer to another organization is a type of dismissal in which an employee terminates his employment relationship with one company and joins the staff of another. In this case, the employment contract with the previous employer is terminated, and with the new employer it is concluded again. Legal regulation and the possibility of carrying out this type of dismissal is provided for in clause 5 of Art. 77 Labor Code of the Russian Federation.

The need for this type of procedure can be caused by various reasons, for example:

• division of one company into several between different owners;
• the desire of the head of another company to lure valuable personnel;
• (for example, an employer can recommend an employee to a partner company);
• the employee’s own desire to change jobs.

It is worth noting that this type layoffs are one of the most beneficial for the employee and has a number of advantages, namely:

• he is guaranteed to get a new job;
• not installed during translation;
• the employee is not required to work two weeks;
• is not interrupted.

If the initiative to dismiss comes from the employer, then the employee always has the right to refuse such an offer if the new conditions do not suit him in some way.

Conditions for employee transfer

As already noted, when an employee is transferred to another company, he terminates the employment contract at the old place of work, and enters into a new one at the new one. Therefore, its operating conditions may change - there are no guarantees regarding maintaining the same size or labor responsibilities is not provided to the employee.

Since dismissal by transfer is a completely voluntary initiative of a subordinate, before starting this procedure he can agree on all the nuances and conditions of work with the future employer.

Often, a transition to another company occurs only in cases where the new conditions are no worse or even better than the previous ones. To obtain additional guarantees, it is worth requesting a letter of request from the new employer indicating the specific position to which the transition will be made.

The advantage is the fact that in case of dismissal by transfer, deny further employment to the employee new manager has no right.

For such a violation he will be subject to liability under Art. 5.27 of the Administrative Code, which consists of both imposing a fine from 30 to 50 thousand rubles, and temporary suspension of work for up to 90 days.

As for the annual, the transferred employee will have the right to receive it, as in general cases, only after working for six months in a new place. The right to old leave is not transferred to new company, the employee will be able to receive it only at his previous place of work.

Mandatory work for two weeks, as is the case with, is also not provided for. All terms (both dismissal and subsequent employment) are agreed upon between managers and subordinates in advance, so this issue is resolved voluntarily.

Dismissal procedure

In general, the procedure for this type of dismissal is not much different from other situations, however, there are some features associated with the preparation of documents.

It is especially similar to dismissal due to at will.

The only difference is the entry that is made in, as well as the inability of the employee to withdraw his application after submitting it. This type of dismissal may be carried out in the following cases:

On the personal initiative of the employee

In this case, he must contact the employer with a letter of resignation. This document is drawn up in free form; in the text you only need to indicate:

• reason for dismissal (that is, transfer to another organization);
• name of the new employer.

Along with the application, the employee can also provide a written offer from the new employer. This condition is optional, but desirable for a more correct execution of the procedure.

With the written consent of the employee

In this case, the initiative for the transfer may come from the employer, but he must agree on this with the employee.

This is done using written proposal for translation, which is drawn up by the employer indicating the following data:

• Company name;
• location;
• new position;
• requirements for professional and qualification skills;
• suggested size wages and so on.

That is, the proposal must indicate all important conditions labor relations, which will be established by the subordinate and his new leader. If these conditions suit the employee and he agrees to the transfer, he can confirm his decision:

• directly in the offer made by the employer;
• on a separate document.

This option is the most beneficial for both parties, since the subordinate receives guarantees of his future working conditions, and the employer receives documentary evidence of the employee’s consent to the transfer.

Upon written request of the new employer

In this case, the future manager draws up and sends a letter of request to the former employer, which can be drawn up in free written form.

In some cases, it may be necessary to carry out all these actions in the following sequence:

• a written request from the new employer;
• obtaining consent and application from the employee.

After agreeing on all these issues, the employer’s next step is drawing up. Depending on how many employees are leaving - one or more - the following form may be used:

• T-8 - for one employee;
• T-8a - for several people.

The statement also indicates on what basis the termination is carried out. employment contract. The employee must be familiar with this order, which is confirmed by his signature.

In addition to the order, the corresponding section of the subordinate’s personal card is also filled out.

In this case, it is necessary to make sure that his signatures are present next to all records of internal transfers(if they were).

At the last stage it is filled in employment history. The entry that is made in this case depends on the method of carrying out the translation procedure. For example, the wording could be like this:

1. : “dismissed due to a transfer at his request.”
2. In the case of an agreement between the two companies: “dismissed due to transfer with the consent of the employee.”

In both cases, after this the name of the new employer is indicated, as well as the legal basis for the dismissal (that is, clause 5 of Article 77 of the Labor Code of the Russian Federation).

The employer will be required to issue a work book on the day of dismissal, as well as to carry out everything with the employee necessary calculations.

Settlement with the employee and necessary payments

Another obligation that arises for the employer on the day of dismissal employee - this means carrying out all calculations with him.

Their composition does not differ from the situation with dismissal at will and includes:

• wages for the period worked;
• compensation for vacation that was not used.

The last payment can be replaced by the vacation itself, however, its provision is entirely the initiative of the employer; he is not obliged to do so.

Regarding or other additional compensation, then in in this case it is not provided. Along with these payments, on the last day, the accounting department must issue the employee a certificate of the amount of his salary for the last period, indicating the amount of accrued personal income tax and other deductions.

Obviously, when transferred to another organization, an employee receives certain benefits that distinguish this type of dismissal from others.

To carry out the procedure correctly, participation and registration will be required necessary documents from all parties to the process: the dismissed employee, as well as the current and future employer. At the new workplace, a different employment contract is concluded, the terms of which may differ from the previous ones.

You will need

• - employee documents;
• - order forms (form T-8 and T-1);
• - application forms (dismissal, hiring);
• - forms business letters(request, notification, response);
• - Labor Code of the Russian Federation;
• - documents and seals of enterprises.

Instructions

When the transfer is initiated by the employer, then the director of the company who wishes to accept the position employee, must write a letter of request addressed to the sole executive body of the enterprise where the employee works. The letter states the date from which the new employer expects to hire a specialist, as well as the position and department (service, structural unit) where the employee is required. The manager may ask the current employer to write and send a reference for the employee.

After agreement with the specialist, the director of the enterprise where he currently performs his labor function employee, you should send a response letter to your 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 notification letter to the employer for whom the employee wishes to work. It's the sole executive agency notifies the head of the company that the employee has expressed his request for a transfer to this company, and also obtains the consent of the specialist.

The procedure for leaving the company is as follows. An order is issued (form T-8 is used), the 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 affixed, and the signature of the responsible person is affixed. Accounting department pays due upon dismissal cash.

After receiving the work book, the specialist must write an application, and the director must issue an order (form T-1). An employment contract with an employee is concluded on a general basis (without establishing 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.

Labor relations with an employee

Translations. Movements

The procedure for registering the transfer of an employee to another organization

The procedure for transferring an employee to permanent job to another organization is concluded as a result of a mutual decision between the current employer and the receiving organization. The role of initiator of the transfer can belong to either the employer or the employee (Part 2 of Article of the Labor Code of the Russian Federation).

In order to transfer an employee to a permanent job in another organization, it is necessary to formalize the dismissal procedure at the previous place of work, since in another organization a new employment contract will be concluded with the employee (Part 4 of Art. and Part 2 of Art. of the Labor Code of the Russian Federation).

An important role is given to the procedure for written agreement between the head of the organization, the employee’s current place of work, and the head of the organization, the future place of work to which he is transferred. The order of this procedure is as follows:

1. A letter of request is drawn up from the head of the organization, the future place of work, where the employee is transferred. The request indicates the date from which the employee is expected to be hired new job, as well as his new position. A letter of request is sent to the organization, the employee’s current place of work.
2. The head of the organization where the employee works, after receiving the request letter, is obliged to agree with the employee on the possibility of transfer.
3. If the employee agrees to the transfer, he writes a letter of resignation in connection with the transfer, to which a letter of request must be attached.
4. The head of the organization where the employee works must send a confirmation letter to the new place of work, to the transfer organization.
5. The process of dismissing an employee from his previous place of work and hiring him for a new job is underway.

Actions with documents to be performed at the employee’s old place of work

Actions with documents to be performed at the employee’s new place of work

issue an order to terminate the employment contract in connection with the transfer in form No. T-8 (Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1); close the employee’s personal card in form No. T-2 (Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1); make an entry in the employee’s work book: Dismissed by transfer to (name of organization) with the consent of the employee, clause 5, part 1, art. Labor Code of the Russian Federation, Part 5, Art. and part 2 of Art. Labor Code of the Russian Federation, clause 6.1 of the Instruction, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, clause 15 of the Rules approved by Decree of the Government of the Russian Federation dated April 16, 2003 No. 225).

draw up an employment contract with a citizen (Article of the Labor Code of the Russian Federation); issue an order for employment in form No. T-1 (No. T-1a) (Article of the Labor Code of the Russian Federation). The order forms were approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1; create a personal card in form No. T-2 (section 1 of the instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1); make an entry about hiring in the employee’s work book: Hired in (name structural unit) to a position (name) in the order of transfer from (name of organization) (clause 3.1 and clause 6.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

If the transfer is initiated by the employee himself, the transfer process will consist of the following steps:

1. The employee writes a transfer application.
2. The head of the organization where the employee works informs in writing about his employee’s desire to the head of the organization to which he wants to move, and obtains his consent.
3. The hiring and dismissal procedure is carried out (carried out according to general rules). At the same time, when making an entry about dismissal in the work book, it should be indicated that the employee was transferred at his request (clause 6.1 of the Instructions, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

Example

Is it possible to refuse to conclude an employment contract for an employee invited to work as a transfer from another organization?

It is forbidden. According to the rules established in Art. Labor Code of the Russian Federation, this prohibition is valid for one month from the date of dismissal of a person from his previous place of work.

Refusal to employ the head of the organization, the place of transfer, is a violation of labor legislation. Penalties for this violation are provided:

• for officials of the organization (manager) - from 1000 to 5000 rubles (repeated violation entails disqualification for a period of one to three years);

These penalties are provided for in Art. 5.27 of the Code of the Russian Federation on Administrative Offences.

The refusal of a new employer to provide employment will also affect the previous employer, since, according to the established legislative order an employee who has received a refusal has the right not only to appeal this refusal in court, but also to demand reinstatement at his previous place of work (Article of the Labor Code of the Russian Federation). At the previous place of work, the reinstated employee is required to pay for the time of forced absence in the amount of average earnings (this procedure is prescribed in paragraph 60 of the Plenum resolution Supreme Court RF dated March 17, 2004 No. 2).

IN judicial procedure a decision may be made on the need for the organization to compensate an illegally dismissed employee for moral damage. During legal proceedings, the nature of the harm caused to the employee and the degree of guilt of the organization are determined (clause 63 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

Example

What to do if dismissal when transferring an employee to another organization was declared illegal?

If the dismissal was declared illegal, an order should be issued to reinstate the employee in his position. A corresponding entry is made in the employee’s work book, for example: Entry number __ is invalid, reinstated in his previous position. In column No. 4 of the work book, opposite the entry made, the details of the order for reinstatement of the employee are indicated. These rules are established by clause 1.2 of the Instruction, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Example

Can a probationary period be established when an employee is transferred to a permanent job in another organization?

No, a probationary period cannot be established, according to Art. Labor Code of the Russian Federation.

Accordingly, by establishing a probationary period when transferring an employee, the organization will violate labor laws, which will entail penalties:

• for officials of the organization (for example, a manager) - from 1000 to 5000 rubles (repeated violation entails disqualification for a period of one to three years);
• for an organization - from 30,000 to 50,000 rubles.

Such liability measures are provided for in Art. 5.27 of the Code of the Russian Federation on Administrative Offences.

Example

Can an employee's salary, when transferred to another organization, decrease compared to the salary previous place work?

Yes maybe. According to labor legislation, transfer to a permanent job in another organization is allowed only with the consent of the employee (Part 2 of Article of the Labor Code of the Russian Federation). Consequently, he does not object to the fact that his salary level in the new place will be lower than in the previous one. Labor legislation, in turn, does not prescribe guarantees of maintaining a constant salary level when transferring to another organization.

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Dismissal by way of transfer to another organization can be formalized when there is agreement:

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 permitted.

How is an invitation from a company issued?

It is no secret that the managers of many companies are looking closely at the employees of competing companies or their own business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization. They are often ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to 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 against him leaving his company, the invited employee can leave it on his own initiative.

Letter of dismissal by transfer, sample

Dismissal by way of transfer can only be made with the consent of the employee. Therefore, he must document his positive response to the transfer 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 may become good option for an employee who has decided to leave the company and has already found a new job. Dismissal due to transfer is a guarantee that within a month from the date of departure the new employer will sign a contract with him. Also, an advantage can be considered the absence of mandatory two-week work (by agreement of employers) and the absence of a probationary period at the new place of work. A citizen can ask the head of the company where he wants to find a job to send a request to his current employer. He must also write a letter of resignation in 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.

Issuing a transfer order

The manager issues a dismissal order drawn up according to. The following documents are indicated as the basis for leaving:

invitation to a future employer;

consent of the current employer;

statement or consent of the worker.

The person leaving is introduced to the order and signed. On the day of departure, the payment is transferred to him and the book is returned with an entry about the termination of the contract made in it.

What does a contract termination record sound like?

The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of 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 a citizen employment. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. Documents guaranteeing employment in new organization, serve as an invitation to transfer and the consent of the citizen. If the employer decides to refuse employment to the invited employee, he can file a complaint with the labor inspectorate or sue him in court. If the court decides in favor of the plaintiff, it will oblige the new employer to sign a contract with him from the day following the day he left his previous job.

The legislation also provides administrative responsibility for such a violation. According to Part 3 of Art. 5.27 of the Administrative Code, a fine of 10 to 20 thousand rubles may be imposed. on executive, from 50 to 100 thousand rubles. to the organization.

From this article you will learn:

• Under what conditions is dismissal by transfer possible?
• What are the pros and cons of dismissal by transfer to another organization for both parties?
• In what ways can you fire an employee by transfer?
• What is the procedure for dismissal by transfer to another organization at the initiative of the employee and at the initiative of the employer?
• How is dismissal formalized by transfer to another organization?
• Is the employee entitled to compensation upon dismissal by transfer?

All options for the employer-employee relationship are stipulated in the Labor Code Russian Federation. The transfer of a person from one place to another, both external and internal, is no exception.

Internal transfer: An employee is simply transferred from one department to another. Everything here is more or less clear. In the case of external translation, people often have questions. To be honest, many are confused by the wording “dismissal by transfer to another organization.” Therefore, we invite you to understand all the intricacies of the legislation. After all, knowing the specifics of the procedure, you will no longer be afraid to sign an order for dismissal by transfer to another organization.

What are the features of dismissal by transfer to another organization?

The transfer of an employee to another organization is provided for in Article 77 of the Labor Code of the Russian Federation. Moreover, the employer will be able to carry out the transfer only on the basis of the person’s written consent or on his initiative. The legislation does not provide for other reasons! Moreover, according to Labor Code, if due to some circumstances the employer has changed, the form of ownership or subordination has changed (a full list of reasons is listed in the Labor Code of the Russian Federation), the person has the right to resign.

Despite the similarity of the wording “dismissal of one’s own free will” and “dismissal by transfer to another organization,” there is a significant difference between them. If in the first option you can change your mind and withdraw your application at any time, then you will not be able to withdraw your application for dismissal by transfer to another organization, even with all your desire. Moreover, the legal basis for the transfer of an employee should be not only this application, but also interest on the part of another company. The latter can be confirmed by an official request for a specific specialist.

Let's say one company receives a request from another for specific employees. If there is interest and such an invitation exists, managers enter into a written agreement stipulating the employee’s transfer. If the employee agrees and confirms this in writing, the mechanism is activated and the transfer begins.

Find out: how to get maximum results from your staff while spending a minimum of effort during training

Under what conditions is dismissal possible by transfer to another organization?

Dismissal by transfer to another organization is a voluntary process that involves concluding an employment contract with another employer. This means that the employee must take into account that working conditions and responsibilities, the size of the salary may change, and both better side, and for the worse. Therefore, all these subtleties must be clarified with the future employer “onshore”.

It is clear that any employee will agree to move to another organization only because of more favorable conditions. To be on the safe side, he has the right to demand guarantees from his future boss. They can be a letter of request, which indicates what position the specialist is invited to fill.

It is important that the law stipulates that the new employer does not have the right to refuse employment to the invited employee. If this norm is not observed, the enterprise may be fined from 30 to 50 thousand rubles, or its activities may be suspended for up to 90 days.

Annual paid leave upon dismissal by transfer to another organization is provided to a specialist as usual: after working at the enterprise for six months. If you have the right to vacation, you must take it off at your current enterprise. Days not taken off work do not transfer to the new company.

The dates of dismissal and employment are agreed upon voluntarily and through negotiations. They are agreed upon in advance by employers and employees. In this regard, the legislation does not provide for work within a two-week period.

Dismissal by transfer to another organization: pros and cons

Dismissal of an employee by transfer to another organization guarantees a number of benefits for him.

• The employee will be employed no later than within a month. The maximum period for registering employment relations at a new location is one month. In case of refusal, the employer may be fined.
• Dismissal by transfer to another organization guarantees the absence of a probationary period.
• When agreeing on the timing of the transfer, it is quite possible to agree with the former boss so as not to work within a two-week period.

It is important to know that when leaving a job by transferring to another organization, a person does not have to justify his choice. Having decided to leave, he simply states in the statement: “I ask you to fire me due to a transfer to another company.”

Another significant advantage of dismissal by transfer to another organization is guaranteed employment at another enterprise, that is, the most preferable and safe method of dismissal, especially when compared, for example, with dismissal of one’s own free will. Even if a specialist has already found a new place for himself, no one can guarantee that he will be hired.

If we talk about shortcomings, then during a transfer there is only one, and legally it is considered insignificant: the new employer is not obliged to assign the employee a salary higher than it was. In other words, there is a chance that it will remain the same or even become lower. These subtleties need to be discussed in advance.

So, the pros and cons of dismissal by transfer for both parties are presented in the table.

Party to the terminated employment contract	pros	Minuses
An employee subject to dismissal through transfer to a new employer	Guaranteed conclusion of an employment contract with a new employer within a month from the date of dismissal from the previous employer. No probationary period when applying for a new job	Inability to withdraw your resignation letter
Employer dismissing an employee	If the dismissal of an employee is due to the need to reduce him workplace, this method of resolving the issue will save the employer from unnecessary financial costs for paying severance pay	The need to be aware of some of the features of formalizing dismissal by transfer

Dismissal of an employee by transfer to another organization: two ways

Based on who initiates the dismissal of an employee by transfer to another organization, the methods of formalizing the procedure also differ.

Method 1. The employee independently found the organization where he would like to work.

An employer interested in a new specialist must write an invitation, confirming his readiness to accept the specialist. This letter, addressed to the director, is sent to the person’s current place of employment.

Does the current manager mind? The specialist draws up a letter of resignation through transfer. The director agrees and signs the order. The further algorithm is standard: entries in the labor and personal cards, calculations, issuance of labor and income certificates (valid for the last two years). With these papers, the specialist comes to the enterprise for the benefit of which he now has to work.

Method 2. The initiative comes from the leader.

As a rule, dismissal of an employee by transfer to another organization is resorted to in situations where the task is to reduce staffing levels. Some employers find positions for their subordinates at other enterprises and discuss the details with their managers. If the person is satisfied with everything, a tripartite agreement is concluded based on written consent, which stipulates the terms of employment.

What is the procedure for dismissal through transfer to another organization at the initiative of the employee?

Stage 1. The head of an enterprise that has expressed a desire to hire a specialist through a transfer draws up a letter addressed to his current employer. It is written on the company letterhead. The wording is arbitrary. As a rule, the position and desired date of transfer of the specialist are indicated. At the discretion of the author of the letter, it also contains the amount of the future salary.

Stage 2. The person initiating a change of place of activity writes a letter of resignation by transfer to another organization.

Stage 3. If the current employer signs it, a letter confirming consent is sent to the future employer.

Stage 4. The dismissal order, which is formed by the director, indicates the initiator (“In the order of transfer at the request of the employee”) and a link to legislative act(clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation).

Stage 5. An entry is made about the signed order in the registration journal.

Stage 6. The transferred employee is introduced to the order. He confirms the fact of familiarization in writing.

Stage 7. After review, the fact of dismissal by transfer to another organization is recorded in the personal card. Here, a reference to Article 77 of the Labor Code of the Russian Federation is required. The person confirms the fact of familiarization with a signature.

Stage 8. An entry is made in the work book of the transferred specialist.

Stage 9. The final payment of the specialist, taking into account payments for vacation days not taken off and payment for time worked, occurs on the day of dismissal (a calculation note of form T-61 is drawn up).

Stage 10. At the end of the last working day, a person is given a work permit. Confirming the fact of its receipt, he signs in the Accounting Book.

Stage 11. In addition to the work permit, the person is given a salary certificate (the certificate period is the last two months).

Stage 12. Within a month, the transferred specialist must begin work.

Stage 13. During employment it is specified: the person has been accepted by transfer.

What are the features of dismissal by transfer to another organization at the initiative of the employer?

The algorithm for dismissing an employee by transferring to another organization on the initiative of the employer differs little from the sequence of the previous stages. But there are still nuances.

1. The managers agree: one fires, and the second hires a specialist.
2. The person is informed in writing about the transition. He is informed about working conditions, position and future salary. If a person is not satisfied with the proposed parameters and refuses, they have no right to oblige him to process his transfer.
3. If a person agrees to the transfer, the official notice in his hand indicates that “I agree to the transfer.” At the end there is a date and signature.
4. After drawing up a tripartite agreement, the future employer is provided with confirmation.
5. The director puts his signature on the order for dismissal through transfer. It refers to Article 77 of the Labor Code of the Russian Federation and indicates that the person agrees.
6. The employment and personal card also indicates that the person agreed to be fired.
7. The employee confirms the fact of familiarization with the above documents with a personal signature.
8. The specialist receives a work book and a certificate of income for the last two years. At the same time, calculations and compensation payments are made.

How to process dismissal by transfer to another organization

Dismissal of an employee by transfer to another organization occurs as standard. Therefore, when issuing an order, the T-8 form is used. The development of this kind of administrative documentation is the sphere of activity of the HR department. It is signed by the head of the enterprise.

The employer notifies the specialist of his dismissal. This is done against a receipt, regardless of the reason and method of payment.

If there are no disagreements between the parties, on the basis of the order, a work book and a person’s personal card (form T-2) are filled out. Afterwards, the accounting department makes a calculation for the former colleague and gives him a certificate of accrued personal income tax and a document informing him about the amount of contributions to the funds.

The date entered in the order is the day of termination of the employment relationship.

Let’s look at the specifics of filling out documents when processing an employee’s transfer.

1. Statement.

Application for dismissal by transfer to another organization - document. So the specialist asks the employer for consent to the transfer.

An application for dismissal by transfer consists of:

• hats. It indicates the position, name of the enterprise, last name, first name and patronymic of the director. Next comes information about the specialist drawing up the application: his position, last name, first name and patronymic;
• title – “Statement”;
• main text. When voicing a request for a transfer, you should definitely indicate why the person made such a decision. The announced date will be the specialist’s last day of work;
• The end of the application, where the date of drawing up the application is indicated, is signed.

The statement certified by the boss becomes part of the personal file.

1. Order.

An order to dismiss an employee by transfer to another organization consists of:

• company name;
• name and number of the order;
• dates of compilation;
• instructions on the method of terminating the employment relationship;
• surname, name, patronymic of the specialist;
• position, personnel number;
• basis for calculation;
• information about documents ensuring the legality of dismissal;
• dates, employer signature, company seal.

After all this, at the bottom there is a line “I have read the order.” Here the dismissed person signs, confirming that he was notified.

Information in the specialist’s personal card and personal account is entered on the basis of this order. Afterwards, the calculation note, to which a copy of the order is filed, ends up in the accounting department.

Registration of orders is a necessity that cannot be ignored. All primary documentation must be taken into account and strictly comply with the provisions of Article 9 of the Federal Law “On Accounting”. By the way, when dismissing a person from financial liability A receipt is also drawn up confirming the absence of any material issues on the part of the authorities.

1. Registration of a work book.

When filling out the labor form, refer to Article 84.1 of the Labor Code of the Russian Federation. Important aspect: the reason for termination of the employment relationship must correspond to that stated in the order. For example, “Fired due to transfer.”

The employment record is certified by the employer and the person responsible for document flow. The dismissed person signs all the statements listed above (clause 35 of Government Resolution No. 225 dated April 16, 2003). After entering the data, you can stamp it. When filling out a work permit at a new enterprise, they must indicate that the specialist has been “hired for a transfer position.”