Dismissal by transfer. Sample entry in a work book

Transferring to work for another company is similar to the standard termination of an employment agreement, but has a number of features. When dismissed by transfer, a citizen does not lose the right to certain benefits, compensation and payments provided for by the Labor Code of the Russian Federation. Therefore, it is important to correctly fulfill all the requirements for the procedure.

An employee resigning by transfer must write a letter of resignation and attach an invitation from a new employer to it. You can confirm your consent to the transfer by writing a letter to the new employer. Another option is to arrange a tripartite transfer agreement between the employers and the employee. View clarifications from Rostrud

Key points about dismissal by transfer

Dismissal upon transfer to another organization involves the termination of the employment contract in force between the citizen and the employer, followed by its almost simultaneous execution with the new employer.

The manager of the current place of employment must have confirmed grounds for terminating the employment contract with the employee.

This is a written notification addressed to the current management from the future manager of the employee.

How to dismiss an employee by transfer to another employer at his request or with his consent?

The dismissing party has the right not to release the employee without working the statutory period of 2 weeks, since this time is required to find a replacement for the departing specialist. But by agreement of the parties, dismissal without service is allowed.

Question: Is it possible, upon dismissal by transferring an employee to another organization, not to pay compensation for unused vacation, but to retain the right to vacation? View answer

Exemption from work by transfer of citizens of any category is allowed, including mothers of many children, workers on maternity leave, single mothers, if they have expressed written consent or shown their own initiative.

Important! When changing the place of employment by transfer, the receiving company is obliged to employ the new employee within 30 days.
Otherwise, by a court decision, the new management will be obliged to hire the citizen, or he will be reinstated to his previous place of employment. There are no such social guarantees when you resign at your own request.

Results

The procedure for dismissal during transfer is similar to the procedure for dismissal at will.
However, the significant features are, firstly, the need to provide the old employer with confirmation of further employment, secondly, agreeing on the date of dismissal, thirdly, the absence of the employee’s obligation to work 2 weeks for the old employer and, fourthly, an indication in the order and labor book of other grounds for dismissal (subparagraph 5, part 1, article 77 of the Labor Code of the Russian Federation). You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Options for dismissal by transfer

Examples of dismissal situations can be different:

the citizen found a new job outside his enterprise and received the consent of the new management to the transition;
the citizen wished to transfer to another position in the same organization and had already agreed with the head of the department; all that remained was to notify the current head;
the head of the department invited an employee from a neighboring department to join him;
The company is planning a restructuring, during which the branch (department) is closed (renamed).

Illegal transfer to another job as the basis for the employer’s financial liability.

Depending on who takes the initiative, translation can be external or internal.

During an external transfer, a citizen goes to work in another company, where they are required to hire him for a permanent position. The director of the new organization notifies the current management in writing of his intention to hire his specialist, indicating the proposed position. The future employee will need to receive a letter of guarantee from the new company indicating the start date of the employment relationship (taking into account a 2-week working period), position and amount of earnings (salary).

Important! Internal transfer to another job is provided only with the written consent of the citizen and with the execution of an additional agreement to change a number of conditions of the employment contract (Article 72 of the Labor Code of the Russian Federation).

A record of dismissal by transfer is made in the work book, and in the new company it is indicated that the employee was hired in a certain position, having transferred from the previous organization.

Internal transfer involves changing the place of employment or position of a citizen while the employer (founder) remains unchanged. Due to production needs, management may offer an employee a new position or move to a new location to work in a department (branch) of the company. After discussing all the nuances, the citizen must express his consent, if available, in writing.

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.

Also read: Is it possible to fire a pregnant woman and the procedure for dismissal during vacation.

Steps to take when transferring to a new job

At the place of actual employment, management is given a letter from the company intending to hire its employee, and a statement from the employee himself about his desire to resign by moving to a new place (Article 84 of the Labor Code of the Russian Federation). The statement states:

to whom the request is addressed (director of the employing organization);
from whom is the application (full name of the specialist indicating position, department);
essence (request for dismissal);
On what basis is the transfer requested (a copy of the letter of guarantee from the new company is attached).

The date for termination of the employment relationship may not be specified, since the director’s resolution will indicate the necessary deadlines.

Important! Any application for dismissal, including transfer, can be withdrawn by the employee at his own request at any time, even on the last working day.

Next, the company’s algorithm of actions will be as follows:

Having endorsed the application, the organization sends a letter to the citizen’s future place of employment confirming the transfer and issues an order. The procedure for execution and the text of the order are similar to the conditions of a standard dismissal, with the exception of the reason for leaving, which should be formulated as “transfer at the request of the employee to another employer” and have a reference to the Labor Code of the Russian Federation (Article 77).
The issued document is registered in the order journal (with a number assigned) and is provided to the person leaving for review.
The corresponding mark is entered into the specialist’s personal card with a mandatory reference to Art. 77 Labor Code of the Russian Federation. After reviewing all the records made, the employee signs.
An entry is made in the work book upon dismissal in the order of transfer in accordance with the Instructions for filling out work books (10.10.2003, Resolution of the Ministry of Labor and Social Protection of the Russian Federation No. 69). The text with reference to the date of the order and its number, as well as articles of the Labor Code of the Russian Federation, is indicated without abbreviations, certified by the signature of the director (authorized manager) and the seal of the organization. References to other sections of the Labor Code other than Art. 77.

On the last day of work, the accounting department performs the final calculation of hours worked, wages (up to the last day of work with the applicable allowances) and compensation for the unused vacation period. If the due days have already been used, then what was previously issued will be deducted from the total amount of accruals.

Attention! The employee receives monetary compensation for the period of unused vacation, but at the new place of employment the right to vacation will arise in the manner prescribed by law - after 6 months of work (Article 122 of the Labor Code of the Russian Federation). The period may be reduced by agreement with the employer.

Now the former employee is given a work book (after putting a signature in the work record book), a certificate of earnings (form 2-NDFL), certificates of contributions to the Pension Fund of the Russian Federation and the Social Insurance Fund.

Within 30 days, the dismissed citizen must get a job at a new place of employment, where the corresponding order for admission is issued, and a note about acceptance to the position in the order of transfer is placed in the work book.

When making an internal transition (permanent, temporary), the employee sends an application to the enterprise administration, signs the order and certifies with his signature the entries in the personal account and personal card. In this case, the entry in the personal card must repeat the one entered in the work book (Resolution No. 225 “On work books”).

When moving from one position to another within the same enterprise, all entries made in the work book are certified by one employer.

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Does the employee need to review the document and sign?

As a rule, the obligation to familiarize the employee with certain papers lies with the employer. The corresponding order is no exception. In most cases, in large organizations, the responsibility to familiarize the citizen with this document rests with the HR specialist. The dismissed employee must put his signature and initials in the appropriate column.

Many may be alarmed by the wording “Dismissal due to transfer to another organization,” but it is worth knowing that a transfer to another company is not possible without a dismissal procedure. Changing one place of work to another must take place within the framework of the law and be accompanied by relevant documents.

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Advantages of dismissal by transfer

Obtaining a new job as a result of a transfer to another organization is more beneficial to the employee due to the fact that:

if there is a written invitation, the citizen is guaranteed to get a job in a new company within 30 days after leaving his previous place, but it should be noted that the period is not extended during the illness of the invitee, since the Labor Code of the Russian Federation does not indicate actions for such a reason;
the new place of employment does not provide for the use of a trial period in relation to a new specialist (Article 70 of the Labor Code of the Russian Federation);
by agreement with the management, the 2-week period of compulsory service at the old place can be canceled;
expenses for relocation of a citizen and his family members, as well as transportation of property, are reimbursed if the new employer is located in a different area;
Some categories of employees may be granted leave at a new place for 6 months previously worked (those going on maternity leave, immediately after leaving maternity leave, persons under 18 years of age).

For an organization, the transition of a citizen to a new place can be beneficial in a situation with staff reduction or liquidation of an enterprise - you will not have to pay severance pay.

General information

Internal and external transfer to another job

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

More details about translation:

Internal involves changing jobs in the same organization. The employee has the right to move to another department 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.
The concept of 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.

Tripartite Agreement

The employee, employer and future employer can enter into a tripartite severance agreement for the transfer when no one objects. The execution of such a document on dismissal is not provided for by law. But it is widely used in business, as it significantly reduces the volume of paperwork: all conditions are included in one agreement, which speeds up the procedure.

The agreement is formed arbitrarily, since there is no legally established version of the form. The document includes:

information about the parties - names of current and future employers, full name. employee;
provisions on an agreement to dismiss a person by transfer and hire him to a new position (the day of dismissal, hiring, future position is prescribed);
other conditions, for example, regarding vacations.

Issued in 3 copies (one for each). Each copy must be signed by all three participants.

Is it possible for an employee to resign at will?

Dismissal by transfer can also be carried out at the initiative of the employee himself . In such a situation, the employee draws up a letter of application and sends it to his employer.

However, before resigning by transfer at will, the employee must agree on the date of cancellation of the employment contract (agreement) and acceptance of a new job with his employer and the future head of the organization to which he will be transferred.

If the parties were unable to reach a compromise, then the employee may leave work of his own free will on the basis of Part 1 of Art. 80 Labor Code of the Russian Federation.
If the structural unit where an employee works, his workplace changes, or he is entrusted with the same work, but on different equipment, a new employment contract is not concluded and the employee’s consent is not taken.
The key point here is maintaining the terms of the contract. Such organizational issues can be resolved in a simplified manner if the position, working conditions and pay do not change.

How to write a letter to an employer?

An application for dismissal by transfer at will is addressed to the current employer in the person of the head of the company. Such a document contains the following information:

name, position and full name of the current employer;
position and full name of the applicant;
request for dismissal;
full name of the company (firm) where the employee will be transferred in the future;
details of a letter of request from a specific organization to hire a specialist;
personal signature;
date of document execution.

A letter of request from a new employer must be attached to your application . Based on this document, the new head of the organization will be required to draw up a new employment contract (agreement) with the dismissed person. Moreover, this must be done within one month from the date of dismissal of the employee from his previous job (Part 4 of Article 64 of the Labor Code of the Russian Federation).

Issuing a transfer order

The manager issues a dismissal order drawn up in Form No. T-8. 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.

If the initiator is an employee

The solution to the problem of transferring a specialist is not always given to organizations painlessly and without conflicts. Especially when it comes to a highly qualified professional. Therefore, the employees themselves are often involved in resolving all issues. You need to write a letter of resignation, accompanied by a job offer. After considering the request, the manager endorses the decision.

The employee must submit an appeal related to the desire to resign and transfer to a new job in writing (Part 2 of Article 72.1 of the Labor Code of the Russian Federation). The format is arbitrary, there is no template defined by the legislator.

After receiving an application, the employer should pay attention to the following factors:

availability of full name and employee positions;
a request to dismiss (consent to dismissal) under clause 5, part 1, art. 77 Labor Code of the Russian Federation;
date of transfer to another employer.

Advantages and disadvantages

For the employee, the positive aspects of the process include:

guaranteed employment (the employer has no right to refuse employment, Article 64 of the Labor Code of the Russian Federation);
absence of a trial period of 3 months (part 4 of article 70 of the Labor Code of the Russian Federation).

For the employer, there is no need to pay severance pay if a person is laid off, that is, an opportunity to save the budget.

The disadvantages of the dismissal process by transfer for an employee are:

inability to return a letter of resignation if an agreement is drawn up. If a person has changed his mind and does not want to leave his employer, the problem will have to be resolved in an individual conversation with the signatories;
inability to save leave during the transition;
compensation is paid at the previous place; at the new place you can apply for leave after six months - Art. 122 Labor Code of the Russian Federation.

Refusal to hire from new employer

Article 64 of the Labor Code of the Russian Federation gives the employee a guarantee of employment. The potential employer who sent the invitation does not have the right to change the decision and refuse to hire the employee.

An invitation to move to a new place and a person’s written consent will become documents that guarantee employment. If the new employer still refuses to hire, the employee has the right to file a complaint with the labor inspectorate or send a statement of claim to the court. If the decision is positive for the employee, the court will establish the obligation for the employer to conclude an employment agreement from the date following the date of dismissal from the previous place.

A complete guide to the dismissal procedure from ConsultantPlus

1. How to draw up an agreement to terminate an employment contract
By agreement of the parties, the employment contract can be terminated at any time within the period determined by the parties. This follows from the totality of the provisions of Art. 78 of the Labor Code of the Russian Federation, clause 20 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2. The initiator of termination of the contract on this basis can be either the employee or the employer.

Registration of a work book

The work book contains a record of the termination of the employment relationship and a link to the relevant article of the Labor Code of the Russian Federation. It is specified on whose initiative the translation is being carried out.

The receiving party enters the name of the organization, and then, under the new serial number, makes a record of the reception of the employee.

The registration is made according to the usual rules for registration. Column 3 includes information about the grounds for dismissal under clause 5, part 1, art. 77 Labor Code of the Russian Federation. All information is entered without abbreviations and certified by the signature of the responsible person and the seal of the company.