Can an employer hire an employee in the usual manner if there is a record in the labor record that he was dismissed in the order of transfer? This recommendation provides a general procedure. When the previous employer made an entry in work book that the employee was fired due to the transfer, and now the employee has come to get a job with which the transfer was not coordinated. Can she accept him, seeing that he was leaving for a transfer?

Answer

Hiring, dismissal, transfer of employees are recorded in the work book. But sometimes the listed events of a professional biography occur almost simultaneously. For example, if you have to register an employee for a new job by transfer from a previous employer. Then the record must reflect both of these circumstances.

Applying for a translation job

It should be clarified right away: hiring in the order of transfer does not mean internal, but external movement of an employee. That is, he begins to work for a new employer, leaving his previous job. Such clarification is necessary, since the Labor Code (Article 72.1) also allows internal transfer- within the same organization, but in a different position. However, this case does not imply the termination of the labor contract with the employee, which means that the entry in the book will be different.

So, hiring by transfer from another organization means that the employer changes for the owner of the work book. Often, his work experience is not interrupted for a day - an employee leaves one place of work and immediately proceeds to work. labor activity in a new place.

Sometimes former employers themselves take the initiative in such a transition. This usually happens if the company is expecting layoffs. Not wanting to pay severance pay, the company's management is trying to find other jobs for applicants for dismissal. And, having achieved success, they offer to take shape in a new place for translation.

But more often this happens at the request of an employee who decides to change jobs. Reception by translation gives him some advantages. As already noted, he can immediately go to a new place without interrupting the experience, but he is allowed to do this within a month. If there is a written confirmation that he was invited to another company, the new employer has no right to refuse him employment (Article 64 of the Labor Code). After a month from the date of dismissal, this advantage is lost.

Reception in the order of transfer: entry in the work book

Before getting a job in another company, the employee leaves the previous place of work, which is indicated in his work book. An entry is made in it that the employee was dismissed in connection with the transfer to work with another employer. If the employee initiated the transfer, then a clarification is made: “Dismissed due to the transfer at the request of the employee ...”. If the initiative came from the employer, the entry records that the dismissal in connection with the transfer was carried out "with the consent of the employee."

What about hiring in the order of transfer from another organization? Please help with correcting entries in the labor

What entries to make in the employee's work book, if she was hired in the order of transfer from another organization, the article will tell.

Question: The employee was hired on 02/02/2015 part-time. On April 30, 2015, she quits her previous job, in the labor wording "In the order of transfer to Romashka LLC" (our organization) The entry for employment in Romashka was made as follows: from Lyutik LLC (previous employer) But the order dated 05/05/15 is an order to transfer from part-time work to the main place of work. That is, she was not fired from a part-time job, but a transfer was made from a part-time job to the main place of work. If it were not for the condition "In the order of transfer from Buttercup LLC" I would have made an entry on 02/02/15 Employed at Romashkas LLC 02/02/15 to 04/30/15 carried out the labor function as a part-time job.

Answer: The following entry must be made in the workbook.

After dismissal from Buttercup LLC, in the order of transfer in column 3, you need to write Romashka LLC. After that, make an admission record: “Accepted to the position of ______ in the order of transfer from Buttercup LLC. From 02/02/15 to 04/30/15 she performed a labor function as a part-time worker.

He was accepted as a production equipment adjuster from 08/31/2011. From 08/31/2011 to 05/28/2013 he performed a labor function as a part-time worker

Employment book (fragment)

Making a record of hiring an employee in the order of transfer from another organization

EMPLOYMENT HISTORY
...
Job details

How to formalize the transition of an employee from a part-time job to the main job within the same organization.

Part-time employee becomes the main employee

The transition of an employee from part-time to the main job within the same organization can be arranged in two ways.

For example, such a transfer can be arranged through dismissal and employment. To do this, first issue a dismissal from a part-time job, and then the admission of this employee to the main place of work. In this case, the part-time job must also resign from the previous main place of work. The legitimacy of this order is explained as follows.

How to transfer an employee to another organization

Translation approval

It is possible to transfer an employee to a permanent job in another organization by mutual decision of the current employer and the host organization. In this case, the initiator of the transfer can be as an employer , as well as the employee. This is stated in part 2 Article 72.1 of the Labor Code of the Russian Federation.

This translation takes place through dismissal from a previous job, because in another organization with an employee is new employment contract (Part 4 Art. 64 And Part 2 Art. 72.1 Labor Code of the Russian Federation).*

The procedure for transfer through dismissal in the Labor Code of the Russian Federation is not clearly spelled out, but there is a certain practice of its registration. The transfer must be preceded by a written agreement between the head of the organization from which the employee is transferred and the head of the organization to which he is transferred.

Transfer by decision of organizations

If the transfer of an employee takes place by decision of organizations (current and host), the procedure for hiring and firing will be as follows. To begin with, the head of the organization where the employee is transferred must send to the organization where he currently works, an inquiry asking for a transfer. In the request, you must specify the date from which the employee is supposed to be hired for a new job, and his new position. Having received a letter of request, the head of the organization where the employee works is obliged to agree with the subordinate on the possibility of transfer.*

If the employee agrees, he writes resignation letter in connection with the transfer to which the letter of request is attached. This statement will be proof that he has expressed his consent to the transfer in writing. Then the head of the organization where the employee works must send to another organization confirmation letter.

From this moment, it is possible to carry out the dismissal of an employee from the previous place of work and his hiring for a new job.

Acceptance by a new employer

If an employee is transferred to work from another organization, the receiving organization must:*

• draw up an employment contract with a citizen ();
• issue an order for employment under a unified form No. T-1 (No. T-1a) or according to an independently developed form ( , Part 4 Art. 9 of the Law of December 6, 2011 No. 402-FZ , letter of Rostrud dated February 14, 2013 No. PG / 1487-6-1);
• start personal card ;
• make an entry about hiring in the employee’s work book: “Accepted in (name of the structural unit) to the position (name) in the order of transfer from (name of organization)” (clause and 6.1 instructions approved Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

An example of a transfer to a permanent job in another organization

The head of the Alpha organization invited the economist A.S. Kondratiev ( an inquiry). The head of the Hermes agreed, and the employee himself was not against it. Kondratiev wrote resignation letter, about which the head of Hermes sent confirmation letter.

The head of Hermes issued a dismissal order in connection with the transfer to form No. T-8. An entry about the dismissal in connection with the transfer was made in work book.

The head of Alpha published order about hiring Kondratiev for a job. A job entry in connection with the transfer was made in work book.

Employment book (fragment)

The transition from part-time to the main job within the same organization. Companionship entry has not been made

Job details

Answered by Alexander Sorokin,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at

Labor legislation provides for employees the possibility of transferring from one job to another, not only within the employing organization. What is a job transfer from another organization and how to properly arrange it?

Transfer to another employer - a type of transfer to another job

In order to make such a transfer, you need the consent of three parties (employee and employers - both old and new).

It can be expressed both in the drawing up of a tripartite agreement, and in the exchange of letters between employers.

Translation procedure

The beginning of the procedure for transferring an employee to a permanent job in another organization is usually the receipt by the employee of a written invitation to work from a potential employer. Less common is the situation when the future employer himself sends a letter to the current one with a request to allow the transfer of a specific employee to work with him.

These documents can be drawn up in any form; there are no mandatory requirements for them.

With an invitation, the employee applies to the employer, simultaneously submitting a written statement of resignation in the order of transfer.

It is important to understand that the law does not oblige the employer to necessarily agree with the request of the employee (another employer) for a transfer, but only provides for its possibility. Therefore, the employer has the right to refuse the employee's request.

The employer can issue his decision as a resolution on the employee's application, or as a separate document.

In cases where the transfer is planned not at the written request of the employee, but with his consent, the actions of employers are somewhat different.

They exchange relevant documents among themselves, and a written consent is taken from the employee in the form of:

• statements;
• or the inscription “I agree” made by him personally and the signature on the basis document (invitation, letter, etc.).

Dismissal by transfer from a former employer

After all approvals, dismissal by transfer is carried out according to the usual procedure established by article 84.1 of the Labor Code of the Russian Federation.

The basis for dismissal, which is indicated in the order and the work book, is clause 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation "in connection with the transfer of an employee at his request or with his consent to work for another employer."

Hiring by transfer to a new employer

For persons dismissed by transfer, art. 64 of the Labor Code of the Russian Federation establishes a guarantee - a new employer cannot refuse to hire a person invited by transfer from another employer. This guarantee is valid for one month.

Also, this employee cannot be tested for employment (Article 70 of the Labor Code of the Russian Federation).

The peculiarity of the registration of the employment of such an employee is that the condition for hiring in the order of transfer is reflected both in the order for employment and in the entry in the work book (in column 3), for example: “Accepted to the position of legal adviser of the contract department in order of transfer from the Limited Liability Company "Pravodel".

An order for employment by an employer can be issued both in a unified form No. T-1, approved. Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1 (if the organization decided to use these forms), and in any form.

In the first case, the condition for hiring in the order of transfer can be written in the line “conditions for hiring, nature of work” of the T-1 form.

Sample order for employment in the order of translation

In this article, we will consider issues related to the transfer of an employee: How to apply for a job by transfer? What documents are required to apply for a translation job?

When changing jobs and there is an agreement between the former and future employers, the employee can be accepted for a new job in the order of transfer. This gives the employee some advantages over the usual dismissal and subsequent employment.

Recruitment by transfer from another company

In some cases, when changing jobs, an employee can be employed in a new place in the order of transfer. In essence, such a transfer means the actual dismissal at the previous place of work and the simultaneous hiring at a new enterprise. In this case, employment is guaranteed by law, and the employee does not need to search new job in connection with the dismissal.

According to the definition given in the legislation, several situations are considered to be a transfer to another job. First, this change labor function employee or structural unit in which the employee works, without changing the employer. Secondly, this is a transfer to work in another locality in the case when the employer changes its location. Thirdly, this is the transfer of an employee to a permanent job with another employer.

Transfer to another job can be either permanent or temporary. The transfer is carried out either at the request of the employee or at the initiative of the employer. Transfer initiated by the employer in most cases requires the mandatory written consent of the employee.

How to apply for a job as a translator?

The transfer of an employee from one employer to another can only be carried out with the consent of all three parties to the process: the employee and the two employers. Registration of a job change by transfer gives the employee an advantage over standard scheme consecutive dismissal at the previous place of work and hiring in a new organization. After all, in the event of an ordinary dismissal, he does not have a guarantee of employment, even if he has previously agreed with a new employer on future employment. If the change of job is formalized by transfer, then the employee receives a guarantee of employment in the host organization (Article 64 of the Labor Code of the Russian Federation).

The initiator of a job change in the form of a transfer may be the employee himself. In this case, he must submit to his employer an application for transfer to a permanent job with another employer. This application must be accompanied by official letter from the host organization, in which its manager asks to coordinate the transfer of the employee. With the consent of a third party - the current employer - you can proceed to the procedure for transferring an employee to a new job.

Also, the initiator of the transfer may be the current or future employer. In this case, first the leaders of the receiving and transferring parties must agree in writing on the transfer of the employee. Once an agreement has been reached between employers, consent must be obtained from the employee himself.

Documents for employment by translation

As mentioned above, documenting the transfer of an employee to another job begins with obtaining the written consent of all interested parties. Then, the procedure for dismissal of the employee from the previous place of work and his employment in another organization should be consistently implemented. Let us consider in more detail what documents are needed to perform all these actions.

If the transfer is carried out at the initiative of the employee, then the previous employer forms the following package of documents:

• employee's application for transfer;
• a letter with the approval of the transfer from the new employer;

If the transfer is made at the initiative of one of the employers, then the following documents are required for dismissal:

• an agreement between employers;
• an offer (to the employee from the employer) to transfer to another employer;
• written consent of the employee to the transfer, drawn up in the form of an application;
• dismissal order under clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation.

Please note that when registering a work book, it is required to indicate the order of transfer: at the request of the employee or with the consent of the employee.

Hiring an employee by transfer differs little from a regular hire, with the exception of a few details. For example, a transferred employee cannot be refused to conclude an employment contract within one month from the date of dismissal from the previous place of work (Article 64 of the Labor Code of the Russian Federation). Also, transferred workers cannot be tested when hiring (Article 70 of the Labor Code of the Russian Federation).

The new employer concludes an employment contract with the employee and issues a hiring order, which indicates that the hiring is carried out in the order of transfer from another organization.

When making an entry in the work book, do not forget to also indicate that the employee was hired in the order of transfer.

Attached files

• Work book (fragment). Transferring an employee to another structural subdivision(sample).doc
• Work book (fragment). Making a record of hiring the head of the organization in the order of transfer from another organization (sample).doc

Available only to subscribers

• Work book (fragment). Registration of the transfer of an employee to another structural unit (form).doc
• Personal card (fragment). Transfer of an employee to another position (sample).doc
• Form No. T-5. Order to transfer an employee to another job (form).doc