Hello! Not every manager is familiar with dismissing an employee as a result 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.

Dismissal due to transfer– this is the termination of a 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 at another enterprise. Then he can transfer from one place of work to another. In fact, the employee quits the old enterprise and gets a job at a new one.

But before dismissing a transfer employee, the manager must have certain reasons. This is a letter of invitation from a future employer to a present one. Subject to the employee's consent and written request, the current manager may dismiss the transfer employee.

The Labor Code does not prescribe a clear algorithm for the manager’s action in this case. Mention of transfer to another organization can be found in Article 77 of this document. Therefore, when preparing documents for dismissal due to transfer, reference is made to Article 77 of the Labor Code of the Russian Federation.

In fact, business managers do not receive much benefit from this process. The same cannot be said about the employees. In case of dismissal in this way, the state protects the rights of the citizen, thanks to which he receives one hundred percent employment.

If the manager refuses to let the employee go

If an employee has expressed a desire to resign by transfer, but his employer is against this, 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 manager.

That is, if dismissal occurs due to transfer, then the receiving party must employ the employee within a month, otherwise he may go to court.

If the dismissal occurs at will, then there will be no one to file a claim with.

Translation and processing

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 fired one.

It may be terminated early, by agreement of all parties. In this case, the employee will not have to work the required 2 weeks.

Types of transfers

Dismissal due to transfer can be external or internal.

Internal transfer (transfer within the company) is when the employer remains unchanged, but the employee’s position, place of work, etc. changes. Such a transfer can be either permanent or temporary.

External translation (transfer to another company) - occurs when an employee moves from one employer to another. At the same time, at the new place of work they are required to hire him only for a permanent position.

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

Options for dismissal in order of transfer to another organization

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

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

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

This written notice will be mailed or personally delivered to the incumbent. 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 certificate of income for 2 years).

With them, the employee goes to a new place of work, where he is hired.

Option 2: The initiative comes from the manager.

There are times when an organization urgently needs to reduce its workforce or fire some staff. In this case, the employer can independently find a new place of work for the employee. Managers discuss all the nuances and receive written consent to 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 each translation option in detail so that you know all the intricacies of this procedure.

Step-by-step instructions for dismissal of a transfer initiated by an employee

1. The current employer receives a letter of invitation from an organization that is ready to hire his employee. It is drawn up in any form on the organization’s letterhead. It must indicate the position for which the employee is being hired 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 stating that he wants to resign due to the transfer.
3. After signing the application, a letter is sent to the organization that will employ the dismissed employee confirming the transfer. This item is optional, and the letter is drawn up for management’s consideration.
4. Next, the head of the enterprise creates an order, where it is necessary to indicate on whose initiative the transfer is being carried out “In the order of transfer at the request of the employee.” In addition, the order must make 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 this, in the employee’s personal card (T-2) on the fourth page, an entry is made about the employee’s dismissal, where a reference is also made to Art. 77 Labor Code of the Russian Federation. The employee must be familiar with all the records, after which he puts his signature on the card.
8. After this, the appropriate entry in work book employee, according to the Instructions for filling out the work book.
   There are 2 recording options:

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

1. On the last working day, the employee is paid by issuing a settlement note (form T-61). Thus, the employee receives compensation for vacation and wages for days worked.
2. After which the former employee is given a work book. An entry about this must be made 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 salary for 2 months is issued.
4. After this, the dismissed employee is obliged to find a new job within 1 month.
5. When registering at a new location, a note is made in all relevant documents that it has been accepted for transfer.

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

This version of the transfer procedure is similar to the previous one, so we will not repeat ourselves, but will talk about the differences and features of the transfer on the initiative of the manager.

1. The heads of enterprises agree among themselves that one fires the employee, and the second hires. This can be confirmed by a letter of invitation (as in the first option).
2. After this, the employee himself must be familiarized with the upcoming transfer. He must be told in writing about the position he will hold, the working conditions, and the salary amount. If an employee does not agree to a transfer, then no one can force him to change his job.

If the employee agrees to the transfer, he can write “I agree to the transfer” on the written notice, adding a date and signature. A tripartite agreement is drawn up.

1. After which the receiving party receives a confirmation letter.
2. At an enterprise where an 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 which the corresponding 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 discussed earlier in the first version.
4. All records and orders must be presented to the employee against his signature.
5. A settlement is made with the payment of all compensation, 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 any form. The application from the employee and the order from the manager must be drawn up in accordance with all the rules. Below we provide a table with which you can correctly draw up 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 “Please fire me...”; 6. Signature.

Dismissal order (order)

1. Name of the organization; 2. 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 due to transfer; 9. Date and signature of the manager; 10. The column “I have read the order,” where the resigning employee puts his signature.

Compensation upon 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.

Let's look at how compensation is calculated using an example.

Example: Let's assume that an employee quits on June 30, 2016, but he did not go on vacation this year. If his annual leave is 24 days, then the company must pay him compensation for 12 days.

Leave on transfer

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

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

Who can be dismissed by transfer?

Any employee can be fired in this way if they have given their consent or taken the initiative on their own.

Single mothers, mothers of many children, women on maternity leave, etc. fall into this category.

Advantages and disadvantages of dismissal

We will consider all the positive and negative aspects of dismissal due to transfer in the table.

Conclusion Dismissal due to transfer to another organization is a simple process.

But, nevertheless, it requires certain knowledge from the manager and the HR department. We hope that after reading our article, you have learned a lot of new things and now you can easily file a dismissal for a transfer of any complexity.

Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position)

In accordance with paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended on December 23, 2006 No. 63), structural divisions should be understood as branches, representative offices, as well as departments, workshops, sections, etc., and under another locality - an area outside the administrative-territorial boundaries of the corresponding locality.

Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts 2 and 3 of Art. 72.2 of the Code.

At the written request of the employee or with his written consent, he may be transferred to a permanent job with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5, part 1, article 77 of the Labor Code of the Russian Federation).

Transfer to another job is divided into types:

Transfer permanent and temporary;

Transfer from a given employer, transfer to another employer;

Transfer to another location together with the employer;

Transfer at the initiative of the employee, at the initiative of the employer, at the initiative of the relevant government bodies and officials (for example, the state labor inspector).

Moving him from the same employer to another workplace, to another structural unit located in the same area, assigning him work on another mechanism or unit, if this does not entail a change in the labor conditions determined by the parties, is not considered a transfer and does not require the consent of the employee. agreement.

It is also important to take into account that a worker means a place where an employee must be or where he needs to arrive in connection with his work, which is directly or indirectly under the control of the employer (Article 209 of the Labor Code of the Russian Federation). Article: Changing the employment contract: issues of theory and practice, improving Chapter 12 of the Labor Code of the Russian Federation (Petrov A.Ya.) ("Legislation and Economics", 2009, No. 5)

Clause 5, Part 1, Art. 77 of the Labor Code contains another basis for termination of an employment contract - transfer to an elective job (position). For this basis, an act of election of this employee to an elective job (position) exempt from production work is required. The previous and this grounds for dismissal, as we see, differ significantly from each other. Therefore, in the dismissal order and in the employee’s work book there should be a reference not just to clause 5 of Art. 77 of the Labor Code, and with clarification on which of these two grounds the employee is dismissed.

In most cases, the employer transfers employees within the same organization. However, sometimes there are transfers of employees to another employer. This transfer can only be carried out with the consent of the employee. Let's consider this issue in more detail.

Basic Concepts

A transfer is a permanent or temporary change in the labor function of an employee and/or the structural unit in which he works, as well as a transfer to work in another location together with the employer ().

A transfer to another employer can only be carried out if there is a corresponding application from the employee or his written consent. In this case, the employee is subject to dismissal from his previous place of work.

At its core, a transfer to another employer is very similar to the dismissal of an employee at his own request or by agreement of the parties.

However, when transferred to another employer, the employee receives a number of privileges:

• Guarantee of employment with a new employer;
• No trial period;
• Possibility of dismissal without working a 2-week period with the current employer.

A guarantee of employment implies that the new employer does not have the right to provide the employee with employment within 1 month from the date of dismissal from the previous place of work ().

Transfer at the request of the employee

To initiate a transfer of an employee, a corresponding application from the employee and a letter of request from the employer to whom the transfer is being made are required.

Note: the application of the future employer is not mandatory, but it will obviously not be superfluous, because will be an additional guarantee of employment for the employee.

With the consent of the current employer, the employee may be dismissed on the day specified in the application.

Based on the employee’s application, the employer issues an order to terminate the employment contract in the T-8 form (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”).

The order must indicate the basis for dismissal (i.e. at the request of the employee or with his consent).

After that, a corresponding entry is made in the employee’s work book and personal card.

Example of filling out a work book

N entries	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
	number	month
				The employment contract was terminated due to the transfer of the employee at his request to another employer, paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation	Order dated May 10, 2017 N 34
				Director Abramov

After which the final payment is made to the employee, and the work book is handed over to him.

Translation with the written consent of the employee

In this case, employers agree on the transfer of the employee. However, written consent must be obtained from the employee for such a transfer.

Typically, the new employer will send a letter of request to initiate the transfer. To which the current employer sends a response letter.

Otherwise, the procedure for the necessary actions is similar to the transfer at the request of the employee. The employer issues an appropriate order to dismiss the employee, draws up the necessary documents and makes a final settlement with the employee.

Registering an employee with a new employer

The new employer must follow a number of standard procedures:

• Conclude an employment contract with the employee;
• Issue an order to hire an employee;
• Create a personal card and make a record of employment in the work book.

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

What should a laid-off employee know? What are the pros and cons of transferring to another organization?

Peculiarities

The procedure for paying employees of organizations upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure The transfer is carried out with a written invitation from a third-party organization. As Article 72 states, it is possible only on the basis of a written statement from the employee. After this, a corresponding order is issued.

Justification of the reasons for the transfer

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

Dismissal by way of transfer to another employer begins with the employee writing a statement. 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 to the director of the organization for signing. The employer is required to notify the dismissed person of the issuance of the order. After signing this document, if there are no comments to it, they begin to fill out the work book. All necessary data is entered into the employee’s personal card. After this, the accounting department produces and issues 2-NDFL certificates and deductions to the Pension Fund of the Russian Federation and the Social Insurance Fund. The day of dismissal is the date specified in the order.

Dismissal by transfer: application

The application must include the following information:

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

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

Order

Dismissal due to transfer cannot be carried out without an order. It should contain:

• full name of the company;
• Name;
• publication date;
• description of the method of termination of the employment relationship;
• Full name of the person being dismissed, his position, number according to the report card;
• links to documents confirming the legality of dismissal;
• signature of the general director;
• company stamp.

At the end of the order there should be a column entitled “I have read the order,” where the employee confirms the notice of dismissal with his signature. The information is entered into the employee’s personal card on the basis of this document, and a copy of the order and a receipt confirming the absence of material claims against the employee from the company are also attached to it. The order must also be numbered.

Entry into the employment record: dismissal by transfer

The work book is drawn up in accordance with the requirements of the Labor Code. The entry must contain a reference to Article 84.1. The reason for dismissal, the date of issue and the number of the relevant order must also be stated. The entry 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 organization's seal is affixed. But when applying for a new position, a note is made about acceptance of the position in connection with the transfer.

Are there any compensation provisions?

Dismissal by way of transfer to another employer involves making a full settlement with the previous one. This means that employees are entitled to compensation:

• for hours worked;
• for unused vacations.

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, calculations are made no later than the day following the submission of the application for payments. If an employee quits while he is on sick leave, the employer is obliged to pay for this leave as well.

If a former employee fails to pay all compensation on time, the employer is required by law to pay penalties on the unpaid amount. Even if the organization does not have funds, this is not a reason for violating payment deadlines. Otherwise, the dismissed employee has the right to go to 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 work off, since the employee notifies the employer of dismissal exactly 14 days in advance. This period is necessary to search for another employee for a vacant position. However, by agreement with management, an employee can resign 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, an employee will be able to take vacation at a new enterprise only after 6 months of work (Article 122). The transfer can also be carried out while maintaining leave under the following circumstances:

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

Consequences for the employee

Dismissal by transfer to another employer has some advantages, which include:

• guaranteed employment;
• no need to go through

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

Significant disadvantages include failure to maintain previous earnings. After all, the third-party organization is in no way connected with the previous one. In addition, the law does not provide for transfer without dismissal.

Consequences for the employer

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

Nuances

Now let's look at special cases of dismissal during transfer.

If a woman who is on maternity or child care leave is dismissed, the procedure can only be carried out with her consent or on the initiative coming from her.

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 entitlement benefits and compensation. But loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.

Dismissal through transfer to another employer is a simple and intuitive process. The basis for its registration is the employee’s application. After this, an order is issued and signed by the manager. The employee must be notified of this. After this, the accounting department of the enterprise makes the final calculation: the employee is paid all 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 ordinary dismissal. However, employers make a corresponding entry in the work book. For the employer, dismissal does not have any negative consequences. But for the employee this threatens a decrease in earnings and loss of time.

The employee may be transferred to permanent work with another employer. An employee can transfer to work in another organization either at his own request or at the initiative of one of the employers.

The transfer of an employee to work in another organization is carried out on the basis of a tripartite agreement between the following parties: the current employer, the employer interested in inviting the employee, and the employee himself.

Transfer to another job is carried out by dismissing the employee from his previous place of work and concluding an employment contract with a new employer.

An employee’s written application for dismissal due to transfer to another organization (Clause 5, Part 1, Article 77 of the Labor Code of the Russian Federation) may be considered as consent to a transfer if there is a written invitation from the new employer.

The employee must start a new job within a month from the date of dismissal. Then, in contrast to simple dismissal, when transferring, the new employer is obliged to conclude an employment contract with him (Article 64 of the Labor Code of the Russian Federation).

For an employee transferred from another organization, the new employer does not have the right to establish a probationary period (Article 70 of the Labor Code of the Russian Federation).

By virtue of Art. 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal.

In this case, the employee is due wages for the time worked and compensation for all days of unused vacation.

Labor legislation does not provide for the transfer of unused vacation days and vacation amounts from the previous employer to the new one.

The length of service required to grant leave with a new employer starts from scratch.

However, not all is lost: the employee can agree with employers to provide vacation with subsequent dismissal, that is, take vacation “in kind” before going to work, receiving the appropriate vacation pay.

By virtue of Art. 122 of the Labor Code of the Russian Federation, the right to use vacation for the first year of work arises for an employee after six months of continuous work with a given employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

Based on this, an employee, when transferring to work with a new employer, may set as one of the conditions of the transfer the possibility of providing leave in advance, that is, before six months.

In any case, to calculate the average earnings saved for the vacation period or determine the amount of compensation for unused vacation, Art. 139 of the Labor Code of the Russian Federation and Decree of the Government of the Russian Federation of December 24, 2007 N 922 “On the specifics of the procedure for calculating average wages.”

* The material was created based on the publication: Chizhov B.A., Ponomareva T.T. Current issues of dismissal of workers // Economic and legal bulletin. 2016. N 9. 160 p.