According to labor legislation, an employee may be hired by transfer from another organization. The procedure is carried out by dismissal from the old place and subsequent hiring to a new one, but in this case the chance of being refused employment is close to zero, because the citizen is given additional guarantees.

Legislation

The most important point is to obtain the employee's consent:

How to transfer from one organization to another: an algorithm for employees

The basis for the transfer is the receipt by the employer of a corresponding application from the employee. What the latter needs to do:

1. Find out the availability of vacant positions in the company of interest, have an interview with the manager, agree with him on hiring by way of transfer, receive a letter requesting the transfer of the employee indicating a specific date.
2. Visit your current boss and apply for a transfer. The mandatory two-week work period is canceled in this case, because the employer must be guided by the date indicated in the letter from the receiving party.
3. On the last day labor activity receive your salary and compensation for unused vacation (if applicable), pick up your work book from the HR department.
4. On the appointed day, report to your new place of work to draw up an employment agreement.

Features of transfer at the initiative of the employer

The initiator can be not only the employee, but also his manager. Most often this happens due to staff reduction or by agreement with the director of another enterprise who wants to transfer a good specialist to his team. The procedure is performed like this:

1. One director sends a written proposal to the other, then a transfer agreement is concluded.
2. They offer the employee of interest to transfer to another company and obtain written consent from him.
3. The former employer issues an order, makes a full payment and issues all documents to the employee.
4. From the appointed date, an employment contract is concluded with the new manager.

For greater clarity, consider a detailed example:

Spectra LLC and Vega LLC are partner organizations. The head of Vega LLC noticed a partner with an employee suitable for vacant position, available at his enterprise, which he informed him about. The employee was first given an oral offer, then all documents (agreement between employers, proposal for transfer, consent from the transferring citizen) were drawn up in writing.

How is the transfer to work: step by step instructions

An employer who has received an application from an employee or an offer of transfer from the head of another enterprise must do the following:

1. Request the written consent of the employee if the initiator is not him. You will also need a letter of request from the head of the organization where the transfer is planned.
2. Draw up a transfer order to another employer.
3. Pay the employee in full, issue him a salary certificate and work book.

Particular attention should be paid to the drafting of the order. It must contain the following information:

• FULL NAME. and the position of the employee;
• where the employee is transferred;
• date of dismissal;
• grounds: a statement from a subordinate and a letter from another employer;
• law that terminates employment contract: clause 5, part 1, art. 77 Labor Code of the Russian Federation;
• date of drawing up the order, signature of the manager and subordinate transferring to another organization.

The letter of request includes a request to transfer the employee to a specific company, indicating exact date, data of the manager, name of the organization at the current place of work.

Features of translation for a new leader

Having decided to transfer an employee from a third-party organization to his department, the manager needs to know the following nuances:

• You cannot refuse employment within one month after a written invitation to work (Article 64 of the Labor Code of the Russian Federation).
• Hiring is carried out only with the consent of the previous employer and is formalized in the general manner; a regular order is issued, a work book is filled out, and the employee is given job description for reference.
• It is not allowed to establish a probationary period for persons invited to work through a transfer (Article 70 of the Labor Code of the Russian Federation).
• Even if the employee underwent a medical examination at the previous employer, if necessary, he must undergo it at the new one, incl. and with a valid medical certificate of professional suitability.

“All citizens who take positions with difficult, harmful or dangerous working conditions, as well as positions in institutions Catering, must undergo a medical examination,” says the expert and head of the department in comments to the Labor Code of the Russian Federation labor law State University– Higher School of Economics Yu.P. Orlovsky.

Is it possible to transfer unused vacation during a transfer?

According to Art. 127 of the Labor Code of the Russian Federation, when dismissing an employee in connection with a transfer to another company, the former employer must act as follows if the subordinate has unused vacation:

• Pay monetary compensation.
• Provide leave followed by dismissal if the terms of the transfer agreement allow it.

In the latter case, it is necessary to be guided by the date on which the employee must begin performing new duties. While a citizen is on vacation, he is registered in the previous organization and cannot be accepted into another.

How to fill out a work book when transferring?

The work book is prepared in the following columns:

Most common mistakes

Mistake #1. For translation, an oral agreement between all parties – two employers and an employee – is sufficient.

No, all documents must be properly executed, otherwise dismissal under clause 5, part 1 of Art. 77 of the Labor Code of the Russian Federation is impossible, because there will be no corresponding basis.

Mistake #2. If the employee has an unexpired medical report, he can provide it at his new place of work.

No, because the conclusion indicates the specific organization for which the citizen is undergoing a medical examination.

Rating of frequently asked questions

Question No. 1. Is it necessary to indicate in the transfer request the specific date from which the employee is planned to be employed in the new organization?

Yes, this must be done so that the current employer can complete the dismissal procedure on time.

Question No. 2. What to do if an employer refuses to dismiss an employee by way of transfer?

According to the law, the manager has every right to refuse to transfer an employee, but he can resign due to at will. In this case, he will have to work for 2 weeks, and only after that he will be able to get a new job.

Conclusion

The procedure for dismissal and hiring as a result of transfer to another enterprise requires compliance with a specific algorithm of actions and filling out the appropriate documents, which often raises questions among employers. In order to avoid mistakes, it is necessary to be guided by the norms of the Labor Code of the Russian Federation, and also to know the responsibilities of all parties to the labor relationship.

Everyone dreams of a prestigious position that is not so easy to find, so in anticipation best offer many are employed by ordinary enterprises in the hope of getting more profitable proposition already by reaching highly qualified and acquiring the right contacts.

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And if the goal is achieved, then translation awaits, which is of course quite possible, but only in the manner prescribed by law.

What does the law say?

According to the law, translation is a change labor function employee by terminating cooperation at one enterprise or position and concluding an agreement at another.

Order

An order to terminate cooperation by way of transfer is then issued accordingly.

To issue this administrative document, a standard form of orders is used - T 8.

A sample order is available on our website:

Entry in the work book

After completing the agreed documents, the employee is calculated and paid all due payments, and also an entry is made in the work book:

“Dismissed in connection with a transfer at the request of the employee to work at LLC “Name of the Organization” under Part 5 of Article 77 of the Labor Code of the Russian Federation” or “Dismissed in connection with a transfer to LLC “Name of the Organization” with the consent of the employee under Part 5 of Article 77 Labor Code of the Russian Federation". (Clause 6.1 of the Resolution of the Ministry of Labor of the Russian Federation No. 69).

Example:

How is the transfer procedure processed?

Naturally, after the dismissal, the employee is already hired at the enterprise that invited him to work as a main employee.

And given that the employee is registered as a transfer, there are some nuances in the procedure and package of documents.

It should be noted that, in fact, the employee is a newly hired employee, despite the grounds for employment, therefore, first of all, a standard application is submitted, the list of which is established in Article 65 of the Labor Code of the Russian Federation. But the employee does not write an application for employment, since he was invited to work in accordance with an officially issued letter.

However, some companies still require it.

In such a situation, the agreed document is drawn up in the same form that is acceptable for normal employment.

Employment contract

After submitting documents and issuing a personal card, a cooperation agreement is concluded.

A sample is shown below:

And after signing the agreed document by both parties, an order for acceptance is issued established form T1, indicating that the employee was accepted as a transfer.

Entry in the work book

Accordingly, after completing the above documents, a record of acceptance is made in the work book with the following meaning:

Accepted to a position (indication of position) in order of transfer from (name of the enterprise where the employee previously worked).

Example:

Deadlines

In contrast to the procedure for accepting an employee and dismissing an employee on a general basis, the issue of formalizing employment in the transfer procedure is not fixed in detail at the legislative level, therefore, employers have the right to themselves develop a scheme for hiring a new employee, taking into account generally accepted standards for formalizing the agreed procedure, which sometimes leads to some difficulties.

When issuing an order for admission as a transfer, it is important to take into account the requirements of the law and the correctness of the dismissal documents. You can accept someone by transfer only if he is dismissed in the same manner. Otherwise, the usual procedure is used, unrelated to the transfer from one organization to another.

From the article you will learn:

• how dismissal should be formalized;
• how to receive a transfer;
• what needs to be taken into account when preparing an order for admission in the transfer order
• how to fill out a work book.

Dismissal by transfer

This is where the transfer hiring procedure begins. If your dismissal from your current job is incorrectly completed, it will be impossible to register a transfer to a new place.

Don't miss: the main article of the month from leading specialists of the Ministry of Labor and Rostrud

Encyclopedia of personnel orders from the Personnel System.

So, the transfer can be issued on the basis of Art. 72.1 Labor Code of the Russian Federation. This may be the desire of the employee or the initiative of the employer.

Initiator - employee

In this case, in the resignation letter, the employee indicates a transfer to permanent job in another organization. The application is accompanied by a request from the new organization requesting that the transfer employee be dismissed.

In the absence of objections, based on Art. 77.1.5 Labor Code of the Russian Federation, employer:

• cancels the employment contract;
• issues a dismissal order, which is signed by the head of the organization or the person performing his duties;
• introduces the employee to by order for painting.

It is important that if you have not yet been invited to the position new person, then the employee, starting from Art. 80 of the Labor Code of the Russian Federation, can withdraw his application at any time.

Initiator - employer

Transfers at the initiative of the employer are caused by production needs and are more often temporary than permanent. It all starts with an agreement between actual and potential employers. The agreement reflects:

• new place of work;
• working conditions and regime;
• salary amount.

When the contract is signed, the employer sends the employee a transfer offer. The employee’s agreement with the proposal can be reflected on the same document, or can be executed separately.

Reception by transfer

The hiring of an employee in this case is based on the entry in his employment record and/or the concluded agreement with the previous employer.

In this case, the employee will need the same documents as usual:

• diploma, if the position requires such qualifications;
• passport;
• pension certificate;
• employment history;
• military ID;
• a health record if the work is related to food, teaching children and in some other cases.

The Labor Code of the Russian Federation establishes specifics for those who begin translation work. Art. 64 of the Labor Code of the Russian Federation states that within a month from the date of dismissal, such an employee cannot be denied employment. Art. 70 prohibits installation for transferred employees probation.

The rest of the procedure is standard: an order is issued, an employment contract is concluded, and an entry is made in the work book.

How to fill out a work book, an order for admission by transfer and an order for dismissal

Information about the transfer must be reflected in administrative documents both organizations.

Preparing orders

When preparing orders or instructions, unified approval forms are used. Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Upon dismissal:

• No. T-8 - in case of transfer of one employee.
• N T-8a – in case of transfer of several employees.

When hiring:

• No. T-1 – in case of transfer of one employee.
• N T-1a – in case of transfer of several employees.

Based on these standard forms, an order or instruction on the dismissal / hiring of transferred employees is created. When preparing a document, it should be taken into account that the text of the order or order must contain:

• Information that the employee is leaving or being hired as a transfer.
• Name of the organization from/to which the employee is transferred.
• Words about the absence of a probationary period in the case of hiring one employee or a dash in the corresponding column when transferring several employees.

Filling out work books

Here, too, there are nuances established in clause 6.1 “Instructions for filling out work books” approved. Ministry of Labor 10.10.2003 No. 69, namely:

• When dismissal or termination of an employment contract is associated with the transfer of an employee to another permanent place of work, the details of the transfer are indicated in column 3 of the “Work Information” section. Those. whether the procedure is carried out at the request of the employee or with his consent.
• The employment record also reflects information that the employee has been appointed (accepted) to the organization by transfer. All other nuances about making this entry in the work book are specified in clause 3.1 “Instructions for filling out work books” approved. Ministry of Labor 10.10.2003 No. 69.

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.

In case of internal transfer may change as functional responsibilities employee and his structural unit.

Internal transfer can be either permanent or temporary.

Reasons

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 a new branch and transfers some of its employees 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 job change 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. Such a transfer occurs with the consent of the employees.

Documents required for translation

To dismiss by transfer 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 must first of all specify the terms of its validity, as well as the date the employee enters the new position, its name, mode, place, nature of work, working conditions, payment.

The employee must receive written notice of a 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 quit on your own initiative, but such a step does not guarantee that within a month new employer concludes an employment contract with the employee.

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.

Denial 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 established for admission to another organization as a transfer? In this case not installed.

Conclusion

So, if you find another one, promising job or the employers have agreed among themselves, it makes sense to formalize the 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:

To transfer from an existing organization to another, an employee must fill out an application for admission. Approximate content: to whom; from whom; textual part (in free form); signature; date of.

There is no strict template for it, so the content is presented at the discretion of the applicant. But the generally accepted details in this case must be observed: addressee, date, signature. The law defines a transfer as a change by an employee of a job function by terminating a contract with the current employer and signing a new one with another. This form of transfer of a person from the current enterprise to the future is a kind of dismissal with guaranteed subsequent employment.

Hiring by transfer from another organization - registration procedure

It should be noted that the initiative to transfer may arise from the employee himself, his current employer and his future manager.

You can carry out transfer employment in another organization in the proposed order:

Prepare documents required for dismissal:

• Transfer statement;
• Order;
• Letter from employers for the upcoming place of work, if the initiator of the transfer procedure is the current employer;
• Consent of a person to change workplace in writing.

Make a dismissal from his current position.

Submit employment documents to the company waiting for a new employee.

Sign acts prepared by the new employer.

Get started their functions.

Application for employment by transfer from another organization

The structure of the named document looks like this:

• Addressee (head of the company awaiting the transferred employee);
• Applicant (indicating the position);
• The name of the act is “STATEMENT”;
• The main part (“Please dismiss me with “…..” transfer to…);
• Signature;
• Date of.

Sample order for employment in order of transfer from another organization

The description of the proper form of the transfer order contains details required for application documents. In the text of the content, it is important to reflect where the applicant is being transferred, from what date and in what order. Bosses, as a rule, use forms of local acts drawn up on other issues, entering the necessary data into them.

How to register a job application by transfer from another organization?

When a worker moves to another organization, he will have to go through the procedure of making a note about this in his work book, and a full payment will also be made. The wording of such a record can be expressed in any form; it is important that it consecrates where the subordinate and the corresponding point of the Labor Code of the Russian Federation, according to the rules of which he was fired, was transferred.

The appearance of such a record is characterized by extreme brevity and content; it should not be presented in a colloquial or artistic style; only official business language, established formulations, and correct presentation while maintaining authenticity are used.

Hiring by transfer from another organization - entry in the work book

The work book is considered in law as a strict report on the activities of its owner, therefore its completion is strictly regulated by the rules of law, in particular, by order of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69.

When adjusting some entries in the employee’s book about the transfer process, it is prohibited to shorten or in any way distort words and wording. For example, transl., transl. and so on. The basis for making entries can only be an order issued in the appropriate manner and form. The recording period is limited to a week from the date of signing the order, with the exception of recording a dismissal.

The generally established procedure for recording in a work book:

• Employer information;
• Information about coming to work, changing jobs, dismissal;
• Signatures of both.

Thus, the legislator invites citizens to change positions and bosses through transfer procedures, but to do this, the employee will still have to resign first, and then find a job in the position found. In any case, this mechanism is well-functioning, in demand and operates effectively, which was established through a survey of Russians and statistical indicators derived after calculating the number of people resigning using the transfer process.

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