What does dismissal by transfer give? Dismissal by transfer: pros and cons

In this article I will tell you about the intricacies dismissal by transfer to another position or to another employer. I will consider the important aspects of drawing up an application for dismissal by transfer. I will reveal what is due in the event of dismissal by transfer of compensation and payments, what entry should appear in work book and I will describe step by step procedure such dismissal.

The legislation of the Russian Federation provides an opportunity for an employee resign by transfer to another employer. This method of termination labor relations is in many ways similar to dismissal due to at will, but it has its own nuances and advantages, which I will tell you about in this article.

○ Dismissal by transfer.

✔ What does the Labor Code of the Russian Federation say about dismissal by transfer?

Dismissal by transfer is provided for in Article 72.1 of the Labor Code of the Russian Federation; it can be both internal and external. With an external transfer, you end your employment relationship at your job and sign a new employment contract with another employer.

During an internal transfer, only the employee’s duties may change or the employee is moved to another workplace within your organization.

An external transfer (dismissal by transfer to another organization and employer) always involves reaching an agreement between the employer, the employee who wants to transfer and the new employer. The initiator of such dismissal can be either the employee or the employer.

✔ What will be the entry in the labor record?

Next, your work book must include information that the employment contract was terminated under clause 5, part 1, article 77 of the Labor Code of the Russian Federation. Information is also entered with the consent or at the request of the employee the transfer was initiated. The entry is certified by the signature and seal of the employer.

When starting a job with a new employer, an entry is made in the employee’s employment record stating that he was accepted as a transfer.

✔ Dismissal or transfer, which is better?

There is no fundamental difference for you in choosing one or another method of dismissal, because one way or another the employment contract will be terminated, and another one will be concluded in the new place. But, nevertheless, dismissal by transfer still provides a guarantee to the employee that he is not going nowhere, since the law prohibits the employer from refusing to hire such an employee. This condition valid for a month from the date of dismissal of the employee from the previous organization.

✔ Order and step-by-step procedure.

The basis for starting the transfer procedure is the will of an employee of the organization, his employer, as well as the future employer and consists of the employee’s request or consent to dismissal in this way.

First of all, the employee must receive an invitation from the future employer to take a vacant position. Further, guided by clause 5, part 1, article 77 of the Labor Code of the Russian Federation, the employee sends a statement to the head of his organization, in which he sets out a request for dismissal by transfer to a new place of work. And only after receiving consent from the employer can the transfer procedure begin.

In addition, a transfer offer may come from employers. In order to begin the transfer, they will need to obtain written consent from the employee.

It should be remembered that it is impossible to refuse employment to an employee who is invited by way of transfer from another organization. For refusal, penalties are imposed on the head of the organization.

Once an agreement on dismissal by transfer has been reached between the three parties, an order is issued established form T-8. It states the reason for termination employment contract with the employee, the name of the organization to which the employee is transferred is indicated, whether the employee is transferred with the consent of the employee or at his own request, as well as the details of the documents that served as the basis for the transfer. The date and signature are affixed. After which the employee gets acquainted with the order against signature.

Dismissal by way of transfer of a pregnant woman and a woman on maternity leave is also permissible only with their consent or at their request. If such an employee is not against moving to a new place of work, then his transfer is formalized in accordance with Art. 84.1 Labor Code of the Russian Federation. At your new place of work, you can apply for parental leave and payment of the benefits due.

The same applies to mothers with many children and single mothers. The employer does not have the right to initiate the transfer of such an employee at his own request. This procedure requires the expression of the will of three parties: the current employer, the new employer and the employee.

○ Dismissal by transfer to another organization.

✔ Dismissal by transfer to another employer.

As mentioned above, dismissal is in many ways similar to transfer, but there are still certain features that distinguish them.

• Firstly, if you resign by transfer, then the legislator guarantees employment for such an employee with the employer to whom he is transferred (Article 64 of the Labor Code of the Russian Federation). But this guarantee is valid only for one month from the date of dismissal from the previous job. Therefore, if you do not have time to transfer, for example, due to illness, then after a month the employer has the right to refuse you.
• Secondly, an employee resigning by transfer, in accordance with Art. 70 of the Labor Code of the Russian Federation does not establish a probationary period.
• Thirdly, the employer must receive from the place of work where the employee intends to transfer a letter of the new employer’s intention to hire him.

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

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

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

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

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

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

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

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

Conditions for employee transfer

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

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

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

The advantage is the fact that in the event of dismissal by transfer, the new manager does not have the right to refuse further employment to the employee.

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

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

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

Dismissal procedure

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

It is especially similar to voluntary dismissal.

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

On the personal initiative of the employee

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

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

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

With the written consent of the employee

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

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

• Company name;
• location;
• new position;
• requirements for professional and qualification skills;
• proposed salary, etc.

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

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

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

Upon written request of the new employer

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

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

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

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

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

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

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

In this case, you need to make sure that his signatures are present next to all records of internal transfers (if there were any).

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

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

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

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

Settlement with the employee and necessary payments

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

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

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

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

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

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

For correct implementation procedures will require participation and registration necessary documents from all parties to the process: the dismissed employee, as well as the current and future employer. At the new workplace, a different employment contract is concluded, the terms of which may differ from the previous ones.

The transfer of an employee to another organization is carried out at the request or with the consent of the employee in the presence of a letter of invitation from the employer (Article 72.1 of the Labor Code of the Russian Federation). The letter of application is drawn up on the organization's letterhead and signed by its head or authorized person.

The procedure for transferring to another organization

The transfer of an employee to another employer occurs through dismissal from the old place of work and hiring new organization. Article 72.1 of the Labor Code of the Russian Federation states that the employment contract is terminated under clause 5 of part one of Article 77 of the Labor Code of the Russian Federation “transfer of an employee at his request or with his consent to work for another employer or transfer to an elective job (position).” Transfer to another organization without dismissal is not permitted by law.

If the employer does not agree with the dismissal of the employee, this must be reflected in the letter of petition. In this case, the employee can resign of his own free will. If the employer agrees to transfer the employee to another organization, he sends a letter of offer to the employee about the transfer indicating the date, name and position in the new organization.

For employees hired by way of external transfer, it is prohibited to establish a test (Article 70 of the Labor Code of the Russian Federation).

Registration of transfer to another employer

Upon receipt of a resignation letter from an employee in connection with a transfer, an order to terminate the employment contract is issued. unified form T-8. Clause 5 of Part 1 of Art. is indicated as the basis for dismissal. 77 Labor Code of the Russian Federation.

After signing the order, appropriate entries are made in the employee’s personal card and in his work book. Upon dismissal in connection with the transfer of an employee to another organization, a settlement note is drawn up in the unified form T-61, and payment is made wage and compensation for unused vacation.

Calculation of leave for external transfer

When transferring to another organization, the vacation period is not retained. An employee’s right to use annual paid leave arises after six months of his continuous operation only with a new employer.

The procedure for external transfer of an employee to another organization

Duration: day of termination of the employment contract.

Make an entry on the termination of the contract in the work book

The work book is filled out according to the following model:

Section 3 of the personal card must be filled out according to the following sample:

From this article you will learn:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Method 2. The initiative comes from the leader.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

How to process dismissal by transfer to another organization

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

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

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

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

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

1. Statement.

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

An application for dismissal by transfer consists of:

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

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

1. Order.

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

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

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

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

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

1. Registration of a work book.

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

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

An employee at an enterprise may be dismissed as a result of a transfer to new job to another organization. This method dismissal has some features and advantages, which can be read about in the article below.

The dismissal of transfers is regulated by clause 5 of Article 77 of the Labor Code of the Russian Federation. The procedure for dismissal depends on whose initiative the transfer is being made.

Dismissal due to transfer at the initiative of the employee

If an employee leaves for another organization on his own initiative, then it is necessary to receive an invitation to work from the new employer. Having received an invitation, the employee writes a letter of resignation by transfer and sends the documents to his current employer. The latter is considering the possibility of dismissal.

If it is not against it, then it is drawn up and the employee can be dismissed without mandatory two-week work.

If the employer does not want to part with the employee voluntarily, then the employee can resign on a general basis at his own request, by writing a statement and working for 2 weeks.

An important feature of dismissal by transfer is that the employee, having written an application, cannot withdraw it, in contrast to dismissal at his own request, in which, throughout the entire period of service, the employee can withdraw the application at any day and continue to work.

In the work book, upon dismissal by transfer to another organization, an entry is made: “Dismissed due to transfer at his request to “Name of organization”, paragraph 5 of Article 77 of the Labor Code of the Russian Federation.”