Can an employer hire an employee as usual if there is an entry that it is dismissed in the order of translation? The specified recommendation indicates a general procedure. When the previous employer made an entry in labor book The fact that the employee is fired to translate, and now the employee came to get a job with which the translation was not agreed. Can she accept him, seeing that he was dismissed for translation?

Answer

Reception, dismissal, the translation of employees is recorded in the employment record. But sometimes the listed events of the professional biography occur almost simultaneously. For example, if the employee's reception is to be taken to a new place for translation from the previous employer. Then the record needs to repel both of these circumstances.

Receiving for the transfer of translation

Immediately should be clarified: under the reception to work in order of translation implies not internal, but the external movement of the employee. That is, he begins to work with the new employer, quitting from the previous place of work. Such clarification is necessary, since the Labor Code (Article 72.1) admits internal translation - In the framework of the same organization, but another position. However, this case does not imply terminate the employment contract with the employee, and, it means that the record in the book will be different.

So, the reception to work by the translation from another organization means that the employer is changing at the owner of the Laborbook. Often, he doesn't have an experience per day - the employee leaves one place of work and immediately proceeds to labor activity in a new place.

Sometimes the former employers themselves show the initiative in such a transition. This usually happens if the enterprise is expected to reduce. Not wanting to pay weekends, the management of the company tries to find contenders for the dismissal of another job. And, having achieved success, it is proposed to arrange in a new location for translation.

But it happens more often at the request of the employee who decided to change the work. Reception for translation gives him some advantages. As already noted, he can immediately go to a new place, without interrupting the experience, but it is allowed to do it for a month. If there is a written confirmation that he is invited to another company, refuse him in employment a new employer is not entitled (Article 64 of the Labor Code). After the month from the date of dismissal, this advantage is lost.

Reception in order of translation: record in the employment record

Before you get into another company, the employee is dismissed from the previous place of work, which is indicated in his employment book. It introduces the record that the employee was fired in connection with the transfer to work towards another employer. If an employee was the initiator of the translation, then a refinement was made: "Fired due to the translation at the request of the employee ...". If the initiative proceeded from the employer, recorded that the dismissal in connection with the translation was carried out with the consent of the employee.

How to get to work in order of translation from another organization? Please help with the correction of records in labor

What records to make an employee in the employment record, if she hired in order of translation from another organization will tell the article.

Question: The employee was hired on 02.02.2015 part-time. 04/30/15 It dismisses from the previous place of work, in the labor formulation "In order to transfer Romashka LLC" (Our organization) An entry for employment in the chamomile was made by a mark. Summary: 05.05.15 A post office From Ltd. Ltd. (Previous Employer) But the order of 05.05.15 is an order for translating from work on part-time on the main place of work. That is, it was not fired from the part-to-room, and the translation from the part-center to the main place of work was decorated. If there were no conditions "in the order of translation from Ltd. Ltd. would have made an entry 02.02.15 was taken to work in LLC Romashkas 02.02.15 to 30.04.15 carried out an employment function as a partner.

Answer:In the employment record you need to make the next entry.

After dismissal from LLC "Lutik" in the order of translation in column 3, you need to write "Romashka" LLC. After that, make an entry entry: "Adopted ______ in the order of translation from Ltdichka LLC. From 02.02.15 to 30.04.15 I carried out an employment function as a partner. "

Accepted for the position of manufacturing equipment from 08/31/2011. From 08/31/2011 to 05/28/2013 I carried out an employment function as a partler

Labor book (fragment)

Registration of a recording on the employment of an employee in order of translation from another organization

EMPLOYMENT HISTORY
...
Information about work

How to arrange a transition of an employee with a part-time partnership in the framework of one organization.

The part-time becomes the main employee

The transition of an employee with a compatibility on the main work within a single organization can be issued in two ways.

For example, such a translation can be issued through dismissal and employment. To do this, first place dismissal from work on combat, and then receive this employee to the main place of work. In this case, the part-time must quit and from the previous main place of work. The legality of such a procedure is explained as follows.

How to place an employee's translation to another organization

Coordination of translation

Translate an employee to a permanent job to another organization is possible by the mutual decision of the current employer and the host organization. In this case, the initiator of the translation can act as an employer , so employee . This is stated in part 2 Articles 72.1 of the Labor Code of the Russian Federation.

This translation occurs through dismissal from the same place of work because in another organization with an employee is new employment contract (h. 4 art. 64. and h. 2 tbsp. 72.1 TK RF). *

The transfer procedure through dismissal in the Labor Code of the Russian Federation was not clearly spelled out, but there was a certain practice of its design. The translation procedure should be preceded by the procedure for written agreement between the head of the Organization, which translates the employee, and the head of the organization in which it translates.

Translation by solving organizations

If the employee's translation takes place by solving organizations (current and host), the procedure for accepting-dismissal will be such. To begin with, the head of the organization where the employee is translated should be sent to the organization where it works currently, an inquiry With a request for his translation. In the query you need to specify the date with which the employee is supposed to take on a new job, and its new position. After receiving a request letter, the head of the organization where the employee works, is obliged to agree with the subordinate the possibility of translation. *

If an employee agrees, he writes application on dismissal In connection with the translation to which a request letter is attached. This statement will be proof that he in writing expressed his consent to the translation. Then the head of the organization where the employee works, should send to another organization confirmation letter.

From this point on, it is possible to dismiss the employee from the previous place of work and his reception to a new job.

Reception new employer

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

• embed with a citizen an employment contract ();
• issue an order for admission to work on a unified form No. T-1 (No. T-1A) either by independently developed form ( h. 4 art. 9 of the Law of December 6, 2011 No. 402-FZ , letter Rostrud dated February 14, 2013 No. PG / 1487-6-1);
• taissure personal card ;
• make an entry on employment in the employee's labor book: "Adopted in (name of the structural unit) to the position (name) in the order of translation from (organization name)" (p. and 6.1 Instructions approved resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

An example of registration for a permanent job to another organization

The head of the Alpha Organization invited in order of translation from the organization "Hermes" Economist A.S. Kondratieva ( an inquiry). The head of "Hermes" agreed, and the employee himself was not against. Kondratyev wrote application on dismissal what the head of "Hermes" sent confirmation letter.

The head of "Hermes" issued an order for the dismissal in connection with the transfer of form No. T-8 . The record of dismissal in connection with the translation was introduced into labor book.

The head of Alpha issued order About reception Kondratyev to work. Recording about the reception of work in connection with the translation was introduced in labor book.

Labor book (fragment)

Transition from compatibility on the main work within one organization. The compatibility entry was not made

Information about work

Alexander Sorokin answers,

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

"CCP must be applied only in cases where the seller provides the buyer, including its employees, a deferment or installments on the payment of their goods, works, services. It is these cases that, in the opinion of the FTS, belong to the provision and repayment of the loan to pay for goods, works, services. If the organization issues a cash loan, receives a return of such a loan or he also receives and returns a loan, the cashier does not apply. When it is necessary to punch a check, see

Labor legislation provides for workers the ability to transfer from one job to another not only within the employer organization. What is a reception to work by transfer from another organization and how to make it properly?

Transfer to another employer - a variety of translation to another job

In order for such a transfer to produce, the consent of the three sides (employee and employers - both old and new).

It can be expressed as in the preparation 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 to another organization usually serves as an employee of a written invitation to work from a potential employer. The situation is less likely when the future employer himself addresses the letter to the current to allow the translation of a specific employee to work.

These documents can be drawn up in arbitrary form, compulsory requirements are not presented.

With the invitation, the employee appeals to the employer, submitting a written application for dismissal in the order of translation.

It is important to understand that the law does not oblige the employer to certainly agree with the request of the employee (another employer) about the translation, but only provides for its possibility. Consequently, the employer has the right to refuse an employee in his request.

An employer may issue their decision as a resolution on the employee's statement and a separate document.

In cases where the translation is planned not by the written statement of the employee, and with its consent, the actions of employers are somewhat different.

They exchange the relevant documents among themselves, and written consent is selected from the employee:

• statements;
• or made by him their own inscriptions "agree" and signature on the basis of the basis (invitation, letter or other).

Dismissal by transfer from the former employer

After all coordination, the dismissal by the translation is carried out by the usual procedure established by Article 84.1 of the Labor Code of the Russian Federation.

The basis of the dismissal, which indicates the order and the employment record - paragraph 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 towards another employer."

Receiving a job by transfer to a new employer

For persons dismissed by the translation, Art. 64 of the Labor Code of the Russian Federation establishes a guarantee - a new employer cannot refuse to host the person invited in order of translation from another employer. This warranty is valid for a month.

Also, this employee cannot be established when taking a job (Article 70 of the Labor Code of the Russian Federation).

The peculiarity of the design of such an employee is that the condition for admission to work in the order of translation is reflected both in the order for employment and in the employment record (in column 3), for example: "Adopted to the position of lawscreen contractual department The procedure for translation from the limited liability company "lawed".

The order for the employment of employer can be published as a unified form No. T-1, UTV. By the decision of the State Statistics Committee of Russia of January 05, 2004 N 1 (if the organization decided to use these forms) and in arbitrary form.

In the first case, the condition for the admission to work in order of translation can be prescribed in the line "The conditions for admission to work, the nature of the work" of the T-1 form.

A sample of the order for the reception in the order of translation

In this article, we will consider issues related to the transfer of an employee: how to make a reception to work by translation? What documents do you need to accept the translation?

When changing the place of work and the availability of arrangements between the former and future employers, the employee can be adopted on a new job in order of translation. This gives an employee some advantages compared to the usual dismissal and subsequent employment.

Receiving a job by transfer from another enterprise

In some cases, when changing work, the employee can be employed in a new place in the order of translation. In essence, such a translation means actual dismissal at the previous job site and simultaneous reception to work at a new enterprise. In this case, employment is guaranteed by law, and the employee has no need to search new work In connection with the dismissal.

According to the definition of the legislation, several situations are considered to be translated into another job. First, it is a change in the employment of the employee or the structural unit in which the employee works, without changing the employer. Secondly, this translation to a job in another area in the case when the employer changes its location. Thirdly, this is a translation of the employee for a permanent job to another employer.

Transfer to another job can be both constant and temporary. Transfer either at the request of the employee or at the initiative of the employer. Translation on the initiative of the employer in most cases requires the mandatory written consent of the employee.

How to make a job reception?

The translation of the employee from one employer to another can be carried out only with the consent of all three sides of the process: an employee and two employers. Registration of the placement of the place of work gives employee an advantage over standard scheme consistent dismissal at the previous job and employment to a new organization. After all, in case of usual dismissal, he does not have a guarantee of employment, even if he previously agreed with the new employer about the future acceptance of work. If the change in the place of work is issued by the translation, the employee receives a guarantee of employment in the host organization (article 64 of the Labor Code of the Russian Federation).

The initiator of changing the place of work in the form of translation can be the employee himself. In this case, he must submit to his employer a statement about the transfer to a permanent job to another employer. To such a statement, it is necessary to make an official letter from the host organization, in which its leader asks to harmonize the translation of the employee. With the consent of the third party, the current employer - you can proceed to the procedure for transferring an employee to a new job.

Also, the current or future employer can perform the initiator of the translation. In this case, first the leaders of the host and transmitting party must agree on writing a question about the transfer of the employee. When consent between employers is achieved, it is necessary to obtain consent from the employee itself.

Documents for admission to the translation

As mentioned above, the documentary registration of the employee's translation to another job begins with obtaining the written consent of all stakeholders. Then the procedure for dismissing the employee from the previous place of work and its employment should be sequentially carried out. Consider in more detail what documents are needed to fulfill all these actions.

If the translation is carried out on the initiative of the employee, the previous employer forms the following package of documents:

• statement of an employee on translating;
• a letter with the coordination of the translation from the new employer;

If the translation is made on the initiative of one of the employers, the following documents are needed for dismissal:

• agreement between employers;
• offer (employee from the employer) on translating to another employer;
• written consent of the employee for the translation, decorated in the form of a statement;
• order on the dismissal under paragraph 5 of Part 1 of Article 77 of the Labor Code of the Russian Federation.

Please note that when making an employment record, you need to specify the order of translation: at the request of the employee or with the consent of the employee.

Receiving an employee to work with a translation differs little from the usual acceptance of work, with the exception of several parts. For example, a translated employee cannot be refused to conclusted the 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, translated workers cannot be subject to a test when admission to work (Article 70 of the Labor Code of the Russian Federation).

The new employer concludes an employment contract with an employee and makes an order for employment, which indicates that the reception is carried out in the order of translation from another organization.

By recording an employment record, do not forget to also indicate that the worker is accepted in the order of translation.

Nested files

• Labor book (fragment). Registration of employee translation to another structural subdivision (sample) .doc
• Labor book (fragment). Registration of the entry on the work of the organization's head in order of translation from another organization (sample) .doc

Only subscribers are available

• Labor book (fragment). Registration of the employee's transfer to another structural unit (form) .doc
• Personal card (fragment). Employee translation to another position (sample) .doc
• Form No. T-5. Order on the transfer of an employee to another job (blank) .doc