Acceptance in the order of transfer: entry into the labor record. Dismissal by transfer to another organization: registration procedure and documents Hiring by transfer from another organization

Often, the expansion of a company (opening additional branches) leads to the emergence of vacancies in the organization and requires the hiring of new employees. The employer does not always have time to train and introduce newly hired workers to the intricacies of production processes. A way out of the situation is to hire the required employee by transfer from another organization or the main office. Let's try to figure out what types of translation are possible and how to do it practically.

The procedure for hiring a new job at the request of the employee

A transfer to another company can be either forced or at the request and consent of the employee himself. In this case, the employee has a number of advantages, including:

• guaranteed employment for a month, subject to dismissal from the previous place;
• admission to the staff without a probationary period.

Hiring by way of transfer to another organization at the request of the employer

Employers may agree to transfer an employee in situations where:

• organizations are merged with each other (individual firms or branches merge);
• the companies are partners;
• other reasons.

The organization receives a request to transfer the desired specialist. The appeal states:

1. Last name, first name, patronymic of the employee.
2. Position held.
3. Date of the agreement.
4. The vacancy presented at the new location, indicating the salary, amount of bonus payments (if any).

Having accepted the request, the acting manager discusses the proposal received with the employee. If an employee agrees to transfer, he is obliged to write a letter of resignation from work in connection with a transfer to another organization and enclose an order with the offer.

Confirmation is sent to the company where the employee is being transferred and an order for the dismissal of this person is prepared.

Reduction from a position is formalized according to standard rules:

1. An appropriate order is issued indicating the reason for dismissal (clause 5 of Article 77 of the Labor Code of the Russian Federation).
2. A note is made about the transfer to another company in the employee’s personal card (form T-2) and work book.
3. Upon completion of work at the previous enterprise, the employee receives a final payment (wages for days worked, compensation for unused vacation periods and other payments that are included in the contract).

Employment with a new employer takes place in general procedure, with the exception of some features:

• The employer does not have the right to refuse employment to an invited employee;
• It is forbidden to set a trial period.

Need to know! It is necessary to distinguish between a transfer to another employer and a move within the organization. In the second option, the consent of the displaced person is not necessary, since in this case the working conditions and the parties to the employment contract continue to remain unchanged - the employee continues to work in the same organization, but in a different workplace.

Example of an application for hiring an employee by transfer

An application for employment in the order of transfer (see sample below) to another organization or company is written in a standard manner. You do not need a special form or form to compile it. The application contains the following information in its structure:

• information about new company or company;
• last name, first name, patronymic of the specialist invited to join the staff;
• date of hiring and date of release workplace;
• a previously submitted request for acceptance for a specific vacancy under a pre-agreed agreement;
• date and signature in the completed application.

Information! On the spot, you need to clarify whether you are going to work on a permanent basis or are enrolled for a short period of time.

Sample application for employment in the order of translation:

Order on hiring a transferred employee

An order for employment in the transfer order is drawn up on the T-1 standard form, which indicates:

• last name, first name, patronymic of the person hired;
• assigned personnel number;
• name of the position held;
• Enrollment Date;
• validity period of the employment agreement;
• the amount of wages and bonuses;
• an application for employment is submitted (application for a transfer agreement).

Information! The order is recorded with the signatures of the manager and employee and is stamped.

Entry in the work book

Personnel employees are often puzzled by the question of whether it is necessary to transfer, for example, to a new position? And how to formalize this correctly?

The employer is obliged to record information about changes in the position of persons hired and this must be noted in the work book. Record new information must be done in the following order:

• the name of the firm or company is indicated;
• the serial number of the order on the basis of which the person was enrolled in the state is entered;
• the date of commencement of work duties is indicated;
• information about the position of the hired employee is entered;
• testimony about the transfer made and the name of the previous company.

Sample entry in the labor record:

Video on the topic

Fulfilling all requirements and correctly filling out documents for new employees will allow the employer to avoid violations of labor legislation, and the specialist will receive Good work with the opportunity to maintain existing guarantees in the new workplace.

It says that translation can be both external and internal. Dismissal to move to another position in your company or to move to another employer allows the employee to receive a number of guarantees.

It happens that a company moves its activities to another locality or even another country. Geographical movement will also be considered a translation.

When internal translation may change as functional responsibilities employee and his structural unit.

Internal transfer can be either permanent or temporary.

Grounds

An employer can transfer an employee to another position because he experienced downtime in his previous position.

There are force majeure circumstances related to eliminating the consequences of disasters, fires, destruction, accidents and accidents, and then there is a need to relocate valuable personnel.

The same situation can be imagined when a company or enterprise opens new branch and transfer some of the workers there.

For an external transfer to another employer, legal entity or an individual entrepreneur, the employee’s consent is required. Often the basis for a transfer is his request.

For an internal change of position or structural unit in some cases the employee’s consent not necessary.

Procedure for registration at the initiative of employers

Sometimes a situation occurs when an enterprise reduces production volumes and minimizes staff, and in order to reduce the costs associated with the reduction, management negotiates with other employers to hire their employees. This transfer occurs with the consent of the employees.

Documents required for translation

For dismissal due to transfer to in this case you need the necessary set of documents.

Written approval between heads of organizations. The will of employers must be recorded in writing.

The ideal option would be to make tripartite agreement. In addition, you can write a bilateral agreement between employers and add to it the employee’s statement of dismissal and application for a new job.

In the contract, employers, first of all, must specify the terms of its validity, as well as the date the employee takes on a new position, its name, mode, place, nature of work, working conditions, payment.

The employee must receive written notice of transfer to another location.

It can be compiled according to the following model.

“We notify you of the possibility of dismissal due to transfer to (name of company or organization) to (name of position) on the basis of a tripartite agreement.”

If the employee signs the agreement in this case, this will mean his agreement with the terms of the tripartite agreement.

Application for resignation from previous position

Among the documents there should be a statement written according to the following sample.

“I ask you to dismiss me on (specify date) by transfer to (name of company or organization) to the position of (specify position).”

A job application is written according to a similar pattern.

“I ask you to hire me in the order of transfer to the position (name of position), date.”

Employment contract

The employment contract must specify the arrangement of work through transfer. In addition, it is important to initially stipulate in the document all significant details: functional responsibilities, mode and nature of work, working conditions and payment. Employment contract drawn up according to the standard scheme.

Drawing up an order

Order for employment by transfer drawn up according to a unified form with the wording “in the order of transfer at the request of the employee (or with the consent of the employee - depending on the specific situation).”

It is then given to the employee for signature.

It should be remembered that since 2013, primary personnel documentation does not necessarily have to be filled out according to a unified form.

Below is a sample order for employment in the order of transfer from another organization:

Transfer at the initiative of the employee

Most often, it is the employee himself who initiates dismissal due to transfer. The reason will be to find a new, more suitable job.

You can also resign by own initiative, but such a step does not guarantee that within a month new employer will conclude with the employee employment contract.

This is guaranteed only by dismissal by transfer.

Documents for registration with another employer

To formalize a transfer to another employer, an application (or consent if the agreement is signed by the employers), a tripartite agreement, and an invitation from the new employer are required.

In addition, standard documents such as:

• passport;
• diploma;
• military ID;
• employment history;
• medical certificate (not always);
• certificate of pension insurance;
• work permit for foreign citizens.

IN work book The employee must make a note about dismissal due to transfer. Recording is performed according to instructions for filling out work books, approved by the Ministry of Labor of the Russian Federation (resolution No. 69 dated October 10, 2003).

Below is a sample entry in the work book about employment in the order of transfer:

Guarantees

According to Article 169 of the Labor Code, if an employee moves to work in another locality, he may qualify for moving expenses for himself and his family.

You can receive payment if the new employer writes an invitation letter to his company address.

The invitation must be written on company letterhead and signed by the manager.

It should contain information about the new position.

If all documents are completed correctly, the new employer is obliged to hire the employee for the agreed position within a month after dismissal.

Refusal of employment

If the employer backs down, he nevertheless guarantees employment with the inviting organization.

In a situation where the new employer refuses to conclude an employment contract, the failed employee will be forced to go to court.

For this you will need all the above documents. A copy of the invitation will be of great importance. It is better to take it before leaving your previous job.

If you win the case, the new employer will enter into an employment contract with you, starting from the day following the day of dismissal from your previous job. In addition, the violator will pay a fairly hefty fine.

Probation

Is there a probationary period for admission to another organization as a transfer? In this case not installed.

Conclusion

So, if you have found another, promising job, or the employers have agreed among themselves, it makes sense to formalize your dismissal by transfer.

It guarantees placement in a new position, even if the employer finds another, more suitable employee.

Employment in a new position is guaranteed only within a month after dismissal, and therefore there is no point in delaying.

If the new employer acts illegally, it is worth going to court.

When concluding a tripartite agreement and an employment contract It is important to specify in detail all the desired conditions.

Useful video

You will learn about how employment through transfer is carried out correctly in the presented video:

In this article we will tell you how a HR manager can formalize the transfer of employees to another job. Let's take a closer look the following types transfers: temporary and permanent, at the initiative of the employee and at the initiative of the employer, with the consent of the employee and without obtaining his consent. We will also pay special attention to the procedure for transferring an employee to work in another location together with the employer.

Rules for transferring to another job

General rules

P transfer to another job - is it a permanent or temporary change? labor function employee or structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another area together with the employer (Article 72.1 of the Labor Code of the Russian Federation). Transfers can be temporary or permanent, at the initiative of the employee and at the initiative of the employer, with the consent of the employee and without his consent.

For your information

In this case, structural divisions should be understood as branches, representative offices, as well as departments, workshops, areas, etc. (Clause 16 of the resolution of the Plenum Supreme Court dated March 17, 2004 No. 2).

Please note that transfer to another job is permitted only with the written consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). The exception is some cases of temporary transfer, to which we will further pay special attention. In this case, an agreement to change the terms of the employment contract determined by the parties must be concluded in writing (Article 72 of the Labor Code of the Russian Federation).

Let us note that the employee’s consent will not be required to move him from the same employer to another workplace, to another structural unit located in the same area, or to assign him work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

In all cases, it is prohibited to transfer or relocate an employee to work that is contraindicated for him due to health reasons.

Also, at the written request of the employee or with his written consent, it can be carried out.

Please note: in case of recognition of a transfer to another job illegal employee must be reinstated to its previous place of business. In this case, the body considering the individual labor dispute makes a decision to pay such person the difference in earnings for the entire period of performing lower-paid work. Also, the court has the right, at the request of the employee, to make a decision to recover from the employer monetary compensation for moral damage caused by these actions (Article 394 of the Labor Code of the Russian Federation). Moreover, if the employer delays the execution of the decision to reinstate the employee to his previous job, the body that made the decision issues a ruling on payment to this citizen differences in earnings for the entire period of delay (Article 396 of the Labor Code of the Russian Federation).

Permanent translation

In this case, we are talking about a permanent change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was specified in the employment contract) (Article 72.1 of the Labor Code of the Russian Federation).

Any employee can apply for a transfer (see Example 1).

To complete the transfer, use form No. T-5 or form No. T-5a (see Example 3), approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment” ( hereinafter referred to as Resolution No. 1).

Based on the order to transfer the employee to another job, marks are made in the section “Hiring, transfers to another job” in the employee’s personal card (form No. T-2 or No. T-2GS(MS)) (see Example 4) and personal account (form No. T-54 or No. T-54a).

• To whom: kadry@site
• Subject: Free consultations

When issuing an order to transfer an employee to another job (form No. T-5, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”), HR officers often have a question: “Which document should be indicated in the line “Base: amendment to the employment contract from ....”? Details of the employment contract itself or details of an additional agreement to the employment contract?

• Olga Maksimova,
• Head of the HR Department of Burevestnik LLC, Nizhny Novgorod

Vladimir Pirogov, lawyer at Nikline LLC, answers:

In the line “Base: amendment to the employment contract dated...” details of the additional agreement to the employment contract should be indicated. Let's explain our position.

In accordance with Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job to another location with the employer. And the place of work and the labor function of the employee are mandatory conditions employment contract (Article 57 of the Labor Code of the Russian Federation).

Article 72 of the Labor Code of the Russian Federation states that changes to the terms of an employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, which is concluded in writing.

Consequently, the basis for issuing a transfer order will be an amendment to the employment contract signed by both parties, namely an additional agreement.

And in accordance with the Instructions for the use and completion of forms of primary accounting documentation for the accounting of labor and its payment in the event that an employment contract was not concluded with the employee (the employee was hired before 10/06/1992) and his hiring was formalized by order, when When filling out the unified form No. T-5, in the line “Bases”, specific documents are indicated on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the details “Change to the employment contract” are not filled in.

In accordance with Art. 66 of the Labor Code of the Russian Federation, information about transfers to another permanent job is entered into the employee’s work book (see Example 5). In this case, a record of the transfer is made no later than a week on the basis of the relevant order (instruction) of the employer (clause 10 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Government Decree No. 225 of April 16, 2003, hereinafter referred to as Resolution No. 225).

Temporary transfer

In this case, we are talking about a temporary change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer (Article 72.1 of the Labor Code of the Russian Federation). At the same time, temporary transfers to another job are regulated by Art. 72.2 Labor Code of the Russian Federation.

So, by agreement of the parties, concluded in writing, an employee can be temporarily transferred to another job with the same employer for a period of up to one year.

Please note: if, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

When such a transfer is carried out to replace a temporarily absent employee, who, in accordance with the law, retains his place of work, then it is valid until his departure. this employee to work.

The procedure for temporary transfer is similar to that for permanent transfers. The exception is that during temporary transfers, an entry in the employee’s work book is not made.

In what cases does translation become mandatory?

Transfer at the initiative of the employee

In some cases, an employee has the right to demand from the employer a temporary transfer to another job.

For example, if an employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide such an employee with another job while the danger is eliminated (Article 220 of the Labor Code of the Russian Federation).

Pregnant women and nursing mothers cannot be involved in the following work:

In this case, pregnant women, in accordance with a medical report and at their request, are transferred to another job that excludes exposure to adverse production factors, while maintaining the average earnings from the previous job. Before a pregnant woman is given another position, she is subject to release from work with preservation of average earnings for all days missed as a result. Meanwhile, women with children under the age of one and a half years, if it is impossible to perform the previous job, are transferred at their request to another job with wages for the work performed, but not lower than the average earnings at the previous place of activity until the child reaches the age of one and a half years (Art. 254 Labor Code of the Russian Federation). Also, pregnant women and women with children under three years of age cannot be involved in work performed on a rotational basis(Article 298 of the Labor Code of the Russian Federation).

Transfer at the initiative of the employer and due to circumstances beyond the control of the parties

In some cases, labor legislation allows the dismissal of employees only when it is impossible to transfer them to another job available to the employer, which the citizen can perform taking into account his state of health. We are talking here about both vacant positions or work corresponding to the qualifications of the employee, as well as vacant lower positions or lower paid job. In this case, the consent of the employee must be obtained. Please note that the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. An employer is obliged to offer vacancies in other localities only if this is provided for by a collective agreement, agreements, or employment contract (Articles 81, 83 and 84 of the Labor Code of the Russian Federation). We are talking about dismissal of employees in the following cases:

• reduction in the number or staff of the organization’s employees, individual entrepreneur(Clause 2 of Article 81 of the Labor Code of the Russian Federation);
• inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results (clause 3 of Article 81 of the Labor Code of the Russian Federation);
• reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court (clause 2 of article 83 of the Labor Code of the Russian Federation);
• disqualification or other administrative punishment that precludes the employee from fulfilling his duties under the employment contract (Clause 8 of Article 83 of the Labor Code of the Russian Federation);
• expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to manage vehicle, the right to carry weapons, other special rights) in accordance with the law, if this entails the impossibility of the employee fulfilling his duties under the employment contract (clause 9 of Article 83 of the Labor Code of the Russian Federation);
• termination of access to state secrets if the work performed requires such access (clause 10 of Article 83 of the Labor Code of the Russian Federation);
• violation of the rules established by law for concluding an employment contract, if this violation was not the fault of the employee and excludes the possibility of continuing work (clause 11 of article 77 of the Labor Code of the Russian Federation).

We also remind you that an employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another available job that is not contraindicated for this citizen for health reasons. Meanwhile, if the specified person needs a temporary transfer for a period of up to four months, refuses the transfer, or the corresponding job is not available, then the employer must suspend the employee from work for this period while maintaining the place of work (position). Moreover, during the period of suspension wage the employee is not credited. At the same time, if an employee needs a temporary transfer for a period of more than four months or permanent translation, then if he refuses the transfer or the employer does not have the corresponding work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation (Article 73 of the Labor Code of the Russian Federation).

As a rule, in all of the above cases, the employer sends the employee a corresponding notice or proposal to transfer the employee to his existing vacant positions(See Example 6).

As a rule, the employee’s consent or disagreement with the transfer is formalized in a separate document or stated in the very proposal to transfer to another job (see Example 7).

I would also like to remind you that according to Art. 74 of the Labor Code of the Russian Federation in the case when, for reasons related to changes in organizational or technological conditions labor, the terms of the employment contract determined by the parties cannot be preserved; they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. Moreover, if the employee does not agree to work under the new conditions, the employer is obliged to offer him another available job in writing. With absence said work or the employee refuses the proposed job, the employment contract is terminated in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation.

In some situations, an employee may be transferred without his consent for a period of up to one month to a job not stipulated by the employment contract with the same employer in order to prevent the cases indicated below or eliminate their consequences. We are talking about natural disasters or technogenic nature, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics or epizootics, as well as any exceptional cases threatening the life or normal living conditions of the entire population or part of it.

Transferring an employee without his consent for a period of up to one month to another job is also permitted in cases of downtime, the need to prevent destruction or damage to property, or to replace a temporarily absent employee, if these situations are caused by the emergency circumstances specified by us above. At the same time, transfer to a job requiring lower qualifications is possible only with the written consent of the employee himself (Article 72 of the Labor Code of the Russian Federation). Please note that for temporary transfers carried out in exceptional cases, wages are paid according to the work performed, but not lower than the average earnings at the previous place of employment.

For your information

When applying Art. 72.2 of the Labor Code of the Russian Federation, which allows the temporary transfer of an employee to another job without his consent, it should be borne in mind that the obligation to prove the existence of circumstances with which the law connects the possibility of such a transfer rests with the employer (clause 17 of the resolution of the Plenum of the Supreme Court of March 17, 2004 . No. 2).

The transfer of an employee is also possible for the duration of the suspension of work in connection with the suspension of activities or a temporary ban on activities due to violation of labor protection requirements through no fault of the employee. During this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings at his previous place of activity (Article 220 of the Labor Code of the Russian Federation).

Transfer to another location

Transfer procedure

In this case, the employer sends the employee an offer to transfer to work in another location. Next, the employee’s consent or disagreement is formalized in a separate document or written down in the transfer proposal itself.

If the employee agrees, changes should be made to the employment contract. This is done through the signing of an additional agreement. To complete the transfer, use Form No. T-5 or Form No. T-5a, approved by Resolution No. 1. Then, based on the order, marks are made in the employee’s personal card (Form No. T-2 or No. T-2GS (MS)) and personal account ( form No. T-54 or No. T-54a).

For your information

The arbitrators in paragraph 16 of the resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2 noted that “other locality” should be understood as an area located outside the administrative-territorial boundaries of the relevant locality.

Please note that when an employee moves to work in another area, the employer is obliged to reimburse him for the following expenses (Article 169 of the Labor Code of the Russian Federation):

• for relocation of the employee, members of his family and transportation of property (except for cases where the employer provides the employee with appropriate means of transportation);
• for settling into a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract. In this case compensation payments a citizen in connection with his move to work in another area is not subject to personal income tax (clause 3 of article 217 of the Tax Code of the Russian Federation) and unified social tax (subclause 2 of clause 1 of article 238 of the Tax Code of the Russian Federation), and can also be taken into account as part of other expenses ( subparagraph 5, paragraph 1, article 264 of the Tax Code of the Russian Federation). Financiers also agree with this position (letters from the Ministry of Finance dated July 14, 2009 No. 03-03-06/2/140 and dated December 17, 2008 No. 03-03-06/1/688). At the same time, according to officials, the amount of reimbursement by the organization of expenses to an employee for renting housing is subject to personal income tax and unified social tax in the usual manner (letters from the Ministry of Finance dated July 13, 2009 No. 03-04-06-01/165 and dated December 17, 2008 No. 03-03-06/1/688).

Employee refusal to transfer

An employee’s refusal to be transferred to work in another location together with the employer is grounds for termination of the employment contract (Clause 9 of Article 77 of the Labor Code of the Russian Federation). In this case, as with regular dismissal, to formalize the termination of employment relations with employees, Form No. T-8 (or Form No. T-8a), approved by Resolution No. 1, is used (see Example 8).

On the day of dismissal, the employee, in addition to the amounts due, is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation). At the same time, labor or collective agreements may establish an increased amount of severance pay (Article 178 of the Labor Code of the Russian Federation).

In this case, we are talking about termination of the contract in accordance with paragraph 9 of part one of Article 77 of the Labor Code (see Example 9).

Further, upon receipt of the work book, the employee signs in the personal card, as well as in the book recording the movement of work books and inserts in them (clause 41 of Resolution No. 225). At the same time, the entry made in the work book is repeated in the personal card (clause 12 of Resolution No. 225).

Footnotes

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Working conditions, level of remuneration, relationships in the team are the main factors when choosing a place of employment. You can change your job by resigning at will or in the order of translation.

Moving to another organization by prior agreement with the future employer is a less risky option than searching after settlement at your own request. But for this it is necessary to complete the registration procedure in accordance with the law.

Change location professional activity without voluntary dismissal is possible thanks to the transfer procedure.

In this case, the employee receives advantages over the usual termination of the contract and placement in a new place:

• the current employer cannot demand 2 weeks of work;
• a new contract can be concluded the next day after dismissal;
• a probationary period is not established when transferring to another organization;
• the costs of moving and transporting property must be paid by the future employer;
• Refusal to hire a person by way of transfer is subject to administrative penalties and the obligation to conclude the promised contract.

On the part of the employee, the law requires compliance with one condition: not to violate the legal term of employment.

Reasons for the procedure

The transition can be made at the request of the employee or at the request of the management of a third party organization.

At first case The initiator is the employee: he obtains consent to employment in another organization and submits an application for payment, which indicates his wishes.

In second case the head of a third-party organization writes a letter to the employer of the required specialist, then obtains the consent of the future employee.

Peculiarities

The differences between such termination contractual relations from dismissal for other reasons provided by law:

1. Contractual relationships concern 3 parties:
   — 2 employers
   - worker.
2. The date of dismissal is stated in the employee’s application and the receiving party’s address to the former employer.
3. Reliable by law 2 weeks there is no processing.
4. The transition is possible with the consent of all parties.

If there is no agreement, a change of workplace is impossible.

Decor

The re-registration procedure depends on whose initiative it is taking place.

Re-employment at the request of the employee:

• resignation letter due to transfer;
• order of dismissal at the previous workplace;
• order for admission to a new place.

Attention! The employee, before submitting an application for dismissal due to transfer, must agree with the new employer on a written appeal to the current employer.

The future manager must send a written request for permission to dismiss the specialist with a transfer to his company. The response with consent or refusal must also be in writing.

After receiving a positive response, an application for settlement is submitted indicating the date of termination of the contractual relationship. The statement indicates that the employee is asking to be dismissed (a link is provided to the article Labor Code) in order of transfer to... (company name)

When transferring, the law does not require you to apply for an appointment, but this can happen at a new place of employment. The job application form must indicate: “I ask to hire .... (by whom?) for translation.” The admission documents are identical to the normal procedure.

The dismissal order for transfer makes reference to the following documents:

• a new employer’s request to the current employer about the possibility of a specialist transferring to another organization;
• answer current leader the future;
• employee settlement application.

Transfer at the initiative of the employer is also carried out in stages.

To do this you need:

• contacting the management of the organization where the specialist works;
• his consent to the transition;
• order of dismissal for this reason;
• admission order.

The future manager must write a letter to the current manager with a request and proposal about the possibility of transferring a specific employee. The answer should also be in in writing, from which follows consent to transition to new organization or refusal. With mutual consent of the employers, a positive response from the employee is required.

The new employer sends him an offer to take a position at his company by way of transfer. If the employee refuses, the current contract remains in force. If consent is given in writing, an order to terminate the contract is issued.

In the order of dismissal due to a change of workplace, the justification is 5 documents:

• letter (appeal) to the current employer;
• letter (response) to the new employer;
• letter offering a new position to an employee;
• employee's response (consent);
• application for settlement of transfer.

After the order is issued, the standard dismissal procedure follows:

• entering information into the work book and personal card;
• final settlement (debt of wages, compensation for unused vacation);
• issuance of a work book, a copy of the order, certificates for the transfer of taxes and social security contributions.

The dismissed employee must report to the new place within a month and sign a contract. The employment contract for transfer has a standard form with the exception of the “header”, where references are made to the invitation (number, date), agreement (number, date). After the contract is finalized, a hiring order is issued.

Order for employment in order of translation sample

The order must contain information that the employee has entered into a tripartite agreement to change the workplace.

The sample order for employment in the order of transfer from another organization must contain the following information:

• Business name;
• order No.... dated... …. …..(chmg) about hiring;
• hire with... …. ….(hmg);
• for the position;
• name of the department/shop;
• with salary/tariff rate;
• permanently/temporarily (specify period);
• conditions: in order of transfer from (name of organization).
• grounds: employment contract No. dated…. …. …. (chmg);
• head of the organization: position, list, transcript;
• I have read the order: signature of the employee.

After the order is certified by the employee, an entry is made in the work book about hiring.

Entry in the work book

The information recorded in the work book upon admission must also reflect information about employment from a third-party organization.

Sample

When filling out the work book, the following data is entered:

1. Serial number of the record.
2. Day, month, year when the mark disappeared.
3. In the "Information..." column:
   — name of the organization where the employee is employed;
   - positions;
   — structural unit;
   - “in the order of translation”;
   — the name of the organization from which the employee transferred.
4. In the column “Name, number, date of the document on the basis of which the entry was made”, “Order No. ... dated .... …. ....” (chmg).

After completing all formalities upon admission, the employee begins to perform duties at the new location.

Is there a probationary period?

Upon admission, it is the employer’s right to establish professional suitability new employee. The presence of the test and the duration are fixed in the contract, which will be invalid without the signature of the person applying for the job. The legislator thus limited the employer’s ability to dictate his terms to the person hired. Besides, in regulations a list of persons who cannot be placed on a probationary period when hiring has been established.

Citizens whose employment is based on transfer belong to a protected category. The new employer does not have the right to include a probationary period in the contract. The procedure for processing a transfer implies that he has an idea of ​​the level of professionalism of the invited employee. Additional verification, according to the norm, is not required.

An employee may appeal such a deviation from the law to labor inspection, which in turn can make representations in court. For failure to comply with standards labor legislation the employer is subject to administrative punishment in the form of a reprimand or fine.

What to do in case of refusal

Attention! An employer does not have the right to refuse to hire a specialist who has received an invitation from him and has therefore terminated his employment. labor Relations at the previous place of work.

- a norm of direct effect, which provides prohibitive language regarding employment by transfer from another organization. New treaty must have a conclusion date following the date of dismissal, unless a different date is provided. At the same time, the law limits the applicant’s right to the period during which he must find employment in a new place. If through 30 days After dismissal, the invited employee did not apply to conclude a contract, then he loses the right to unconditional admission to the promised workplace. The future employer has the right to refuse him this.

Refusal to accept a transfer employee upon timely application is punishable in accordance with the Code of Administrative Violations: Article 27, paragraph 5. A fine is imposed for violating labor laws from 5000 to 30000 rubles. Sanctions can be imposed on both an official and a legal entity.

An employee who resigned by transfer and was refused employment must contact the labor inspectorate or court. The decision of the judicial authorities will oblige the company to fulfill its obligations to hire and enter into an open-ended contract with the invited specialist.

A change of job through transfer must be formalized in accordance with the requirements of the law. The consent of three parties is required:

• 2 employers,
• employee.

The procedure must be carried out in writing: a request to the current employer, his positive response, an invitation to a specialist, his consent.

Based on these documents, a dismissal order is issued, in which a reference is made that the employee is paid according to the transfer procedure. A similar entry is made in the work book. When applying for employment in a new position, appropriate notes about the transfer are made in the contract, order, or work book. The new employer cannot set such an employee a probationary period or refuse to hire him if he applied within a month after his dismissal. Violation of Labor Code norms is subject to administrative punishment, which will be determined by the court after the employee applies.

Often the term transfer is perceived by the majority as an action in which an employee is moved within the same structure, but not within different positions. In practice, this term is also used when a citizen actually leaves one organization and moves to another. When transferring, however, the new employer provides guarantees to the invited specialist in subsequent employment. The execution of the above procedure has its own nuances, which both the employer and the employee need to know.

Hiring by transfer from another organization

Many people, in a desire to improve their living conditions, are looking for improved working conditions. Pay and work schedule can play a decisive role in this. Such a search sooner or later leads to natural results in the form of a new vacancy with more acceptable working conditions. To obtain mutual guarantees that the manager will not change his mind and the employee will also fulfill his promise, a written agreement is drawn up.

A written agreement provides the employee with a number of advantages.:

• There is no need to work the two weeks required by law at your old place of work, although you still need to enlist the support of your manager.
• 100% guarantee of further device. According to the law, the receiving party is assigned the obligation to compulsorily register the invited and resigned employee as a member of the staff.
• When receiving a translation there is no need to test the professionalism of the invitee. Probation not installed.

This order of affairs remains in the case of registration at the request of the employee or expressed initiative on the part of the employer.

The procedure for applying for employment in the order of transfer from another organization

Regardless of the fact that the specialist was invited in advance and there is a written agreement on the transfer, his registration for the position proceeds in a natural way for newly registered employees. The registration procedure is as follows:

• The candidate for the position provides all necessary list papers for hiring.
• With a previously documented translation, an application for admission is not a mandatory attribute. But the employer can still ask the person being accepted to submit a document about employment in another organization.
• Labor relations are concluded by bilateral signing of an agreement.
• An order is prepared and issued.

The day specified in the order is the day the new work activity begins.

Sample application for employment by transfer from another organization

A document about employment in another organization is written in a standard way. You do not need a form or special form to fill it out. The application must contain the following information:

• New employer details.
• FULL NAME. invited
• Date of arrival and start of work.
• The request must be submitted to a specific position based on a previously agreed transfer.
• Signature and writing number.

The application should also clarify whether the work is temporary or permanent.

Order for employment by transfer from another organization -

Based on the submitted documents, the manager, by order, determines the need to hire the employee to the organization’s staff. The order is written on standard T-1 form. Its text must indicate:

• FULL NAME. new employee.
• Personnel number assigned to him.
• The name of the position that will be the main place of work for the person hired.
• Work start date.
• Duration of the concluded contract.
• Amount of salary and additional allowances.
• A link is provided to the previously concluded employment contract.

The order is secured with the mandatory signatures of the manager and employee, and is also stamped. The basis for admission is Article 77 of the Labor Code of the Russian Federation.

Record of employment in the order of transfer from another organization

HR workers often wonder whether it is necessary to reflect the fact that an employee was invited to work? And how to properly register an employment record? It should be said that the employer must truthfully reflect data on the movements of employees in positions. Therefore, the transfer of an employee from another company is also reflected in the columns of the work book.

Entries must comply with the following scheme:

• Name of the receiving enterprise.
• Record number in order.
• Date of actual start of work.
• Information about the position for which the employee is being hired.
• Information about the completed transfer and the name of the other company.
• The date of the order for registration and its number.