Reception to work in order of translation from another organization. Receiving a transfer from another organization: Design. What to do in case of refusal

Dismissal in order of translation to another organization can be issued when consent is available:

director of the company in which the citizen is invited to work;

invited employee;

employer from the same place of work.

In this case, it is possible to terminate the employment contract at the same place of work. Transfer to another organization without dismissal is not allowed.

How is the invitation from the enterprise?

It is no secret that the leaders of many companies are looking at employees of competitors or their business partners. In any case, the director of each enterprise would be happy to see in his organization a smart and experienced employee. Often they are ready to offer citizens who workers from other employers, a more attractive position and worthy salary. Dismissal on translation to another organization is possible if the employer received a written request from another company, and the employee has nothing against such a transition. It is carried out if the director is ready to part with the employee. If the head opposes him to leave his company, an invited employee can leave her on a personal initiative.

Letter to dismissal in order of translation, sample

Allocate in order of translation can only with the consent of the employee. Therefore, he must write out his positive response to the transition. The wording "for the translation agrees" is indicated at the invitation from another employer. After receipt of the document, the director publishes the disposal to terminate the contract.

How is the application compiled?

The transfer to another organization can be a good option for an employee who decided to leave the company and has already found a new job. Dismissal in connection with the translation is a guarantee that during the month from the date of departure the new employer will sign a contract with him. Also, the advantage can be considered the absence of a mandatory two-week workout (by agreement of employers) and the lack of a test period in the new place of labor. A citizen may ask the company's head that wishes to find it so that he has sent a request to his current employer. He must also write an application for dismissal in order of translation.

Sample application:

To the application, it is necessary to attach an invitation to the future employer with a request to terminate the contract with the specified employee for employment in its company.

Edition of the transition order

The head issued a decree on the dismissal compiled by software. As a base of care, documents are specified:

invitation to the future tenant;

the consent of the current employer;

statement or consent of the worker.

Friendly get acquainted with the order under the signature. On the day of care, it lists the calculation and returns a book with a record made to the termination of the contract.

How does the contract for termination of the contract sound?

The information fits into the personal card and in the workbook on the last working day. The wording may be as follows: "dismissed in connection with the transfer at the request of the employee (or with consent) in (enterprise name), paragraph 5 of Article 77 of the Labor Code of the Russian Federation." Translation through dismissal in one organization is not allowed.

Can a new tenant not hire?

Article 64 of the TC RF citizen is guaranteed to receive work. The employer, who sent an invitation, cannot go to the opponent and refuse to a citizen in signing the contract. Documents guaranteeing employment in the new organization serve as an invitation to the transition and consent of the citizen. If the employer decides to refuse the invited employee in employment, he may comply with the complaint about the work inspection or submit it to the court. If the court decides in favor of the plaintiff, he will oblige a new employer to sign a contract with him from the day following the day of departure from the previous place of work.

Also, legislation provides for administrative responsibility for such a violation. According to Part 3 of Art. 5.27 Administrative Code, a penalty of 10 to 20 thousand rubles can be appointed. Officer, from 50 to 100 thousand rubles. on the organization.

Suggests that the translation happens both external and inner. Dismissal to go to another position in your company or to go to another employer allows the employee to receive a number of guarantees.

It happens that the company moves its activities in another locality or even another country. Geographical moving Also will be considered a translation.

In case of internal translation may change as functional duties Employee and its structural division.

Internal transfer can be both constant and temporary.

Basis

The employer can translate an employee to another position, because at the same place he had downtime.

There are force majeureassociated with the elimination of the consequences of disasters, fires, destruction, accidents and accidents, and then there is a need to move valuable frames.

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

For external translations to another employer, legal entity or individual entrepreneur, the consent of the employee. Often, the basis for translation is his request.

For the internal change of position or structural division in some cases, the consent of the employee not necessary.

Procedure for registration at the initiative of employers

Sometimes the situation happens when the company reduces production volumes and minimizes staff, and in order to reduce the costs associated with the reduction, management is negotiated with other employers about accepting their employees. Such a transfer occurs with the consent of employees.

Documents required for translation

For dismissal for translation in this case, you need a necessary set of documents.

Written agreement Between the heads of organizations. The will of the employers must be fixed in writing.

The ideal option will be tripartite agreement. In addition, you can write a bilateral agreement of employers and add an employee's statement to them about the dismissal and the device for a new job.

In the contract, employers, first of all, should register its expiration date, as well as the date of employee entry into a new position, its name, regime, place, nature of work, working conditions, payment.

An employee must receive a written notice of translation to another place.

It can be made according to the following sample.

"We inform you about the possibility of dismissal to translate into (the name of the company or organization) on the (name position) on the basis of a tripartite agreement."

If the employee in this case signs the agreement, it will mean its consent to the terms of the trilateral agreement.

Application for dismissal from the same place

Among the documents should be a statement written in the following sample.

"I ask me to dismiss (indicate the date) in the order of translation in (company name or organization) for the position (indication of positions)."

The application for work is written in a similar scheme.

"I ask me to work in order of translation for the position (position name), date."

Labor contract

In the employment contract, you need to register about the device work through translation. In addition, in the document it is important to initially specify all the significant details: functional duties, the mode and nature of the work, working conditions and payment. Labor contract it is drawn up according to the standard scheme.

Compilation of order

Order of employment in the order of translation compiled by a unified form With the wording "in order of translation at the request of an employee (or with the consent of the employee, depending on the specific situation)."

After it is given to the signature of the employee.

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

Below is a sample of the order for admission to work in the order of translation from another organization:

Translation on the initiative of the employee

Most often, the worker himself speaks with the initiative of dismissal for translation. The cause will be a new, more appropriate work.

You can quit on your own initiative, but such a step does not guarantee that during the month the new employer will conclude an employment contract with an employee.

Guarantees it only dismissal for translation.

Documents for registration to another workman

For registration of translation to another employer, a statement is needed (or consent in the event of signing by employers), a tripartite agreement, an invitation of a new employer.

In addition, such standard documents are required as:

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

In the employment record, the employee must have made a mark on the dismissal on the translation. Recording is performed according to instructions for filling workbooksapproved by the Ministry of Labor of the Russian Federation (decree of 10.10.2003 No. 69).

Below is a sample entry in the employment book on the reception to work in order of translation:

Warranty

Under article 169 of the Labor Code If the employee moves to work in another settlement, he may claim to pay for himself and his family.

You can receive payment in the event that the new employer will write an invitation letter to your company.

The invitation must be written on the company's form and signed by the head.

It should contain information about the new position.

In the case of the proper registration of all documents, a new employer is obliged to accept an employee for a agreed position within a month after dismissal.

Failure to employment

If the employer went to the opponent, then, nevertheless, guarantees a reception to work in an inviting organization.

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

This will require all the above documents. A vast value will have a copy of the invitation. It is better to take it before dismissal from the same place of work.

If the court you win, a new employer will make an employment contract with you, starting from the day following the day of dismissal from the previous place of work. In addition, the violator will pay a fairly decent fine.

Probation

Is the probationary deadline set to another organization in order? In this case not installed.

Conclusion

So, if you found another, promising work or employers have agreed among themselves, it makes sense to issue dismissal.

It guarantees the device to a new place, even if the employer finds another employee's more suitable.

Employment to a new place is guaranteed only within a month after dismissalAnd therefore it is not worth pulling.

If a new employer is illegally acting, you should apply to court.

When concluding a trilateral agreement and employment contract it is important to register all the desired conditions in detail.

Useful video

About how it is properly carried out by employment in order of translation you will learn in the video presented:

09.09.2019

Due to certain circumstances, an employee can be transferred from an employee or employers to another position to another structural division of the organization or to an external employer.

The presented procedure is an alternative to the dismissal and subsequent employment, has its own characteristics and empowers an employee with a certain circle of additional labor guarantees.

Registration of the transfer is made by agreement of all parties (two or three, depending on the variety of agreement) and provides for the publication of a separate administrative document - the order of the head of the receiving party.

What is the form to make up to work from another organization?

As a rule, when changing the permanent place of work, the worker writes a declaration of dismissal, the appropriate procedure passes, receives an employment record and breaks to the stage of registration to a new employer.

However, there are situations when an employee goes into a new place of work in order of translation.

The translation of the employee may be due to:

the wishes of the worker himself, go to a new enterprise in the presence of the written consent of the leader of the latter;
an arrangement of the current employer with an external enterprise, due to, for example, the upcoming reduction or other circumstances;
the petition of the external employer translates a certain employee to him.

Causes can be as a personal nature (by the employee - the closer location of the new place of work towards the place of residence, the best working conditions, higher wages and position, etc.), and provoked by the production necessity (by the new employer - the need for highly qualified A specialist who is translated by an employee, introducing a new job schedule, the professional requirements for which the invited worker and Ave.).

Also, if you probably reduce the post or state, the management of the enterprise can take care of the best employees and agree with other organizations on the transfer of their employees to similar positions.

Documents of the foundation

It was indicated above that it is not dependent on the part of the translation, the consent of all participants in the presented process is necessary:

worker;
enterprises in which it works;
enterprises to which transfer is planned.

Depending on the initiator and the reasons for the translation, the following documents may lie in its foundation:

the application for dismissal in the order of translation compiled by the employee with the approval of the host (on the statement is affixed by approving or deflecting the resolution of the current employer);
invitation from the external employer with employee agreements and the operating officer;
correspondence of the heads of enterprises in which consent to the transfer of the employee and the written consent of such an employee.

Important! All documents that are the basis for admission to work in the order of translation are executed exclusively in writing.

Proper translation registration is a guarantee for an employee in the absence of a trial period at a new workplace, as well as instructions in an order for employment and employment books of employment dismissal as a translation to another enterprise.

How to arrange an order?

The main document to be issued to the translation to a new place of work is an order for employment, which is published by the head of the host company.

The presented document is mandatory, however, the legislator does not put forward special requirements.

Download Sample

Download an example of an order for the reception of the translation from another organization.

Useful video

How to make a translation of the employee, described in detail in this video:

Reception to a new job by translation is sometimes very profitable for the employee, since all its rights are fully met.

There are several ways to design such a procedure, with each option requires certain actions and compiling some documentation. How to make an order, an employment contract and a statement when receiving in order of translation from one organization to another, is established at the same time a trial period, we will describe in detail in this article.

Definition of concept

Article 72.2 of the Labor Code of the Russian Federation clearly explains that there are two transformation options:

external;
interior.

Dismissal in order to transition to another position in its own organization or the transition to a new employer is called translation and provides an employee with a multitude of guarantees. Often companies translate branches of their business to another city, and sometimes beyond the goals of the Russian Federation. Territorial movement is also a translation.

Grounds for the procedure

To make an external transfer to a different employer, the current employer must have a written permission - the request of the employee. For internal movements, the consent of the employee is not always required.

Registration at the initiative of the employer

In the event of minimizing the state and reduction of work in the aim of reducing expenses, the organization's management can agree with third-party employers' employment companies on their employees to them. Such a translation must necessarily require the consent of the employee.

Necessary documentation

The following documents will be required to translate:

Sample recording in labor on dismissal due to translation:

Procedure for the initiative of the employee

In most cases, the initiator of the translation is the employee itself. This is due to the finding of a more suitable job.

Therefore, there are a number of documents for competent, from a legal point of view, transition. These documents include:

Three-sided agreement.
Inviting a new employer.
The application or consent of the employee itself, if the company managers drawn up a bilateral agreement.

Download request-invitation request form from the new employer
Download Sample request-invitation to work from the new employer

In addition, the following documentation will be required:

Diploma for the education of the employee.
Personality document.
Military ID or assignment certificate.
Medical certificate (in terms of situation).
SNILS.
Labor book.
Work permit for foreign citizens.

Warranties for employee

Payment for the cost of travel on yourself and all your family. In case the translation is carried out in another region, a settlement or country (article 169 of the Labor Code of the Russian Federation).
Cash can be obtained only in the case of competent writing letter-invitation from the leadership of the new organization. Such a document is drawn up with a new employer on the company's branded form and is signed by the head.
Cancellation of the need to work out two weeks due to dismissal from the previous job.
The lack of a trial period when transferring to a new position to a new employer.
The new employer does not have to refuse employment in connection with the translation (article 64 of the Labor Code of the Russian Federation).

What to do in case of refusal?

If a new employer refuses to accept a translated employee, he may apply to the court.

If the plaintiff wins the case in court, the employer will take him to work and concludes an employment contract from the day following the dismissal date. As mentioned above, in order of transfer to a new organization, the test period is not appointed.

Summing up, it can be noted that dismissal in order of translation can be very profitable for the employee.Therefore, if such a proposal comes from the employer, you can calmly consider it, examining all the nuances in detail and weighing all the pros and cons. In the situation with downtime and other adverse circumstances, you can take the initiative in your hands.

urexpert.online

How is the invitation from the enterprise?

Rarely, they are ready to offer citizens who workers from other employers, a more attractive position and worthy salary. Dismissal on translation to another organization is possible if the employer received a written request from another company, and the employee has nothing against such a transition. It is carried out if the director is ready to part with the employee. If the head opposes him to leave his company, an invited employee can leave her on a personal initiative.

Letter to dismissal in order of translation, sample

How is the application compiled?

Sample application:

To the application, it is necessary to attach an invitation to the future employer with a request to terminate the contract with the specified employee for employment in its company.

Edition of the transition order

The head publishes the disposal of the dismissal compiled in the form No. T-8. As a base of care, documents are specified:

invitation to the future tenant;

the consent of the current employer;

statement or consent of the worker.

Friendly get acquainted with the order under the signature. On the day of care, it lists the calculation and returns a book with a record made to the termination of the contract.

How does the contract for termination of the contract sound?

Can a new tenant not hire?

Article 64 of the TC RF citizen is guaranteed to receive work.

The nimator who sent an invitation cannot go to the opponent and refuse to a citizen in signing the contract. Documents guaranteeing employment in the new organization serve as an invitation to the transition and consent of the citizen. If the employer decides to refuse the invited employee in employment, he may comply with the complaint about the work inspection or submit it to the court. If the court decides in favor of the plaintiff, he will oblige a new employer to sign a contract with him from the day following the day of departure from the previous place of work.

clubtk.ru.

At the initiative of the employer

Initially, the head of the company in which the employee will be translated, should be sent to the organization where he is currently working in a written request for the transfer of the person under consideration. The request letter must contain a specific date with which the employee is supposed to be employed in a new workplace, and its new position. After receiving such a request, the head of the company where the employee works, should agree with the latter the possibility of its transition to the employer for the implementation of professional activities.

With the consent, the employee constitutes an application for dismissal in connection with the transition to permanent employment to another firm. Further, the head of the first organization sends a letter confirmation to the future employer on the consent of the subordinate.

From this point on, the dismissal of the employee from office in the previous company and his reception to work in the order of translation to another enterprise becomes possible.

In the event of an employee's admission to the company, a conversion of a contract is carried out according to the general scheme (Article 67 of the Labor Code of the Russian Federation).

In the new employer, when taking a job, a sequence of paperwork:

The employee is a contract.
An order of employment is published.
Personal card employee is drawn up.
An entry is made to the employment record: "Adopted in (the name of the structural unit) to the position (name) in the order of translation from (enterprise name)" (paragraph 3 and paragraph 6 of the instructions approved by Resolution No. 69 of the Ministry of Labor of the Russian Federation of 10.10.03 ).

It is important to know that in case of a change by a citizen of the place of permanent work in the order of translation in a new place, it is not allowed to establish a trial period.

At the initiative of the employee

If a specialist himself requested a translation to another company, then its written statement will be the first link. Then the head of the company, in which the person under consideration is currently working, must report the desire of the employee to the head of the enterprise, in which the subordinate wants to translate, and receive its consent.

Next, the process of receiving and dismissal will be held according to the general scheme, with the exception of one important point: when entering the applicant's employment record, the declaration of dismissal record should contain a mark that the translation procedure was carried out at the applicant's personal request, and not by his consent.

Pay attention: to refuse to design a contract to the employee invited to employment by transfer from another enterprise, it is impossible. The effect of this prohibition lasts within thirty days from the date of dismissal from the previous place of work. Receiving a job by translation from another organization in compliance with this requirement is regulated by Article 64 of the Labor Code of the Russian Federation.

Important moments

In case of unlawful refusal to employment, the organization and its authorized officials may be involved in accordance with Article 5.27 of the Administrative Code of the Russian Federation, to administrative responsibility.

In addition, problems and former employer may follow such a refusal. An employee who was denied work is entitled not only to appeal the refusal of the judicial instance, but also to request recovery at the previous place (Article 394 of the TC). The responsibility of the organization will also pay the recovered employee of the period of the forced absenteeism in the amount of average salary.

In court, the employer's enterprise can oblige to compensate for the moral damage illegally dismissed worker. The amount of this compensation is defined individually, but it is necessarily indicated in the decision on the claim: to determine the amount of damage, the nature of the harm is taken into account, which was deposited by the company and the degree of guilt of the company (paragraph 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

podborkadrov.com.

Concept

Part 2 of Article 72 of the Labor Code of the Russian Federation suggests that the translation happens both external and internal. Dismissal to go to another position in your company or to go to another employer allows the employee to receive a number of guarantees.

It happens that the company moves its activities in another locality or even another country. Geographical moving Also will be considered a translation.

In case of internal translation may change as functional duties Employee and its structural division.

Internal transfer can be both constant and temporary.

Basis

The employer can translate an employee to another position, because at the same place he had downtime.

There are force majeureassociated with the elimination of the consequences of disasters, fires, destruction, accidents and accidents, and then there is a need to move valuable frames.

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

For the internal change of position or structural division in some cases, the consent of the employee not necessary.

Procedure for registration at the initiative of employers

Documents required for translation

For dismissal for translation in this case, you need a necessary set of documents.

Written agreement Between the heads of organizations. The will of the employers must be fixed in writing.

An employee must receive a written notice of translation to another place.

It can be made according to the following sample.

"We inform you about the possibility of dismissal to translate into (the name of the company or organization) on the (name position) on the basis of a tripartite agreement."

If the employee in this case signs the agreement, it will mean its consent to the terms of the trilateral agreement.

Application for dismissal from the same place

Among the documents should be a statement written in the following sample.

"I ask me to dismiss (indicate the date) in the order of translation in (company name or organization) for the position (indication of positions)."

The application for work is written in a similar scheme.

"I ask me to work in order of translation for the position (position name), date."

Download a sample application for a job in order of translation.

Labor contract

Compilation of order

After registration of the order for admission, it is given to the signature of the employee.

Below is a sample of the order for admission to work in the order of translation from another organization:

Most often, the worker himself speaks with the initiative of dismissal for translation. The cause will be a new, more appropriate work.

Documents for registration to another workman

For registration of translation to another employer, a statement is needed (or consent in the event of signing by employers), a tripartite agreement, an invitation of a new employer.

In addition, such standard documents are required as:

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

Below is a sample entry in the employment book on the reception to work in order of translation:

Warranty

Under article 169 of the Labor Code If the employee moves to work in another settlement, he may claim to pay for himself and his family.

You can receive payment in the event that the new employer will write an invitation letter to your company.

The invitation must be written on the company's form and signed by the head.

It should contain information about the new position.

In the case of the proper registration of all documents, a new employer is obliged to accept an employee for a agreed position within a month after dismissal.

Failure to employment

If the employer went to the opponent, then Article 64 of the Labor Code, however, guarantees a reception to work in an inviting organization.

This will require all the above documents. A vast value will have a copy of the invitation. It is better to take it before dismissal from the same place of work.

Probation

Is the probationary deadline set to another organization in order? In this case not installed.

Conclusion

So, if you found another, promising work or employers have agreed among themselves, it makes sense to issue dismissal.

It guarantees the device to a new place, even if the employer finds another employee's more suitable.

Employment to a new place is guaranteed only within a month after dismissalAnd therefore it is not worth pulling.

If a new employer is illegally acting, you should apply to court.

When concluding a trilateral agreement and employment contract it is important to register all the desired conditions in detail.

moyafirma.com.

Remote to work in order of translation from another organization

Many people in the desire to improve their living conditions are in finding improved working conditions. This may play a decisive role and payment and work schedule. Such a search sooner or later leads to regular results in the form of a new vacancy with more acceptable working conditions. To obtain mutual guarantees that the head does not change his mind and the employee will also fulfill the promise given to them, a written agreement is drawn up.

A written agreement gives an employee a number of advantages.:

No need to work out for the law for two weeks on the old workplace, although it is still necessary to enlist the support of the manager.
100% guarantee of further device. According to the law, the host of the invited and disgusting employee is enshrined for the host party.
When taking a translation, there is no need to experience the professionalism of the invitation. The trial period is not installed.

Such an order of affairs is maintained in the case of registration at the request of an employee or a pronounced initiative by the employer.

Procedure for registration of work in the order of translation from another organization

Regardless of the fact that the specialist was invited in advance and there is a written enshrined agreement on the translation, its design to the position is natural for the newly drawn through. The order of registration is as follows:

A candidate for a position provides the entire necessary list of securities for employment.
With a predetermined translation, the application for acceptance is not a mandatory attribute. But the employer still may ask the adopted to submit a document on employment to another organization.
Labor relations are concluded by bilateral signing of the contract.
Prepared and published an order.

The day specified in the order is the beginning of the new work.

Sample application for admission by transfer from another organization

Document for employment to another organization is written standard. To fill it, does not need a form or a special form. The statement is obliged to contain such information:

The data of the new employer.
FULL NAME. invited.
The date of coming and the beginning of work.
A request to arrange for a certain position on the previously stipulated translation.
Signature and number of writing.

The application should also clarify, this work is temporary or permanent.

Download a sample application for employment

Order of employment by transfer from another organization - sample

Based on the documents submitted, the head of the order determines the need to accept an employee to the staff of the organization. The order is written on a standard T-1 form. In its text you must specify:

FULL NAME. new employee.
Assigned to him a table number.
The name of the position that will be the main place for the work of the accepted.
Date of commencement.
The term of the contract.
Size of the salary and additional premiums.
A reference to the employment contract concluded earlier.

The order is fixed with the obligatory signatures of the head and the employee, and also puts the seal. The basis for the reception to become Article 77 of the Labor Code of the Russian Federation.

Download sample order

legionfg.ru.

How to make a dismissal

Guided by Article 72.1 of the Labor Code of the Russian Federation, an employee may express his request in writing to a permanent job in another company or enterprise. First, first the application is written for dismissal because of the translation to a specific place of work. The request is attached to the request from the leadership of the new enterprise, also with a request to dismiss the employee of such something in connection with the transfer to them for a permanent place of work.

If the actual employer does not object, then the employment contract with an employee is canceled, according to Art. 77.1.5 TK RF. Next, an order is published in form No. T-8 or 8A, signed by the head or acting and notify about the dismissal of the employee under the painting.

The workbook indicates the reason for changing the place of work - at the request or with the consent of the employee in this form: "The employment contract is terminated in connection with the transfer of an employee at his request or with its consent to work in (enterprise name)" and is made an indication of the relevant article of labor Code. It should be known that the employee has the right to pick up his application at any time, according to Art. 80 TC RF, if another employee is not invited to his place. After dismissal, the employee is paid non-used vacation taxes, wages and all the other payments to him.

Reception

This Labor Code did not approve the need for writing an employment statement, since the design of a new employee occurs by signing the employment contract with him. The application has no form and is written by hand on a standard white sheet, should contain a request to take a specific person to a certain position indicating the date of writing.

Many organizations are still demanding from the applicant to write a statement. For employment, a standard package of documents is required:

the passport)
employment history)
certificate of Pension Insurance)
diploma)
military ID)
sometimes a medical certificate is required)
work permits for foreign workers.

The new employer must be aware of some conclusion employment rules:

since the employee is invited to translate from another company in writing, it is impossible to refuse him in employment within one month from the date of his dismissal from the previous work (Art. 64 of the Labor Code of the Russian Federation))
employees translated by invitation do not pass a trial period (Article 70 of the Labor Code of the Russian Federation).

Reception to work in order of translation is drawn up in form No. T-1 or 1-A, which reflects that the employee is translated from another enterprise (which one should indicate), and the column is made in the test date.

Translation on the initiative of the employer

It happens that in connection with the production need or for other reasons, management considers it necessary to translate an employee to another enterprise. In this case, it is also necessary to obtain the consent of the employee for the translation in writing (Art. 72.1 of the Labor Code of the Russian Federation). The translation procedure is carried out by agreement and the conclusion of a written agreement between the actual and future employers. The agreement should indicate:

working conditions on new work)
mode)
salary)
place of work.

After that, the employee is sent to the proposal to translate to another place of work. Consent or not the consent of the employee is issued either a separate document or written directly on the proposal itself. When receiving the consent of the employee to replace the place of work, the decoration of dismissal is the same as described above, but in the workbook not "at his request", but "with his consent". For registration to a new place, the employee must also write an application for receiving a job in order of translation. Further procedure is already known to us.

Another point should be noted. Suppose the head wants to translate an employee to another enterprise who is a citizen of another state. This may also be. How legitimate will be his actions? Firstly, since there is a foreigner in the company, it means that the employer has an appropriate permit for the use of employees of foreign subjects. This permission is issued individually for each employee in need of it, and this document cannot be transferred to other organizations and, accordingly, it is impossible to translate this employee to another place of work. New foreign workers should work only where their place of work is determined according to permission.

Well, if there was an extreme situation and it is simply necessary to get a particular employee, then it will have to first dismiss it in accordance with the Labor Code. The new employer must independently go through all the circles of hell for obtaining permission to this employee, and then arrange it at its standard procedure.

findings

So, what actions of the employee when moving to another place of work on his initiative:

getting from the receiving employer letters request for the current manual with a request to translate the employee)
writing an application for dismissal in connection with the transfer to another enterprise. This statement is seen as an example of an application for admission to work in the order of translation to another enterprise)
passage of the standard dismissal procedure)
registration for a new place in accordance with the Labor Code.

The actions of the head who translates the employee to another place of work on its own decision:

signing an agreement with another employer showing that he does not mind accepting such an employee)
detention on the transfer of the employee to another enterprise)
getting consent from employee)
registration of the dismissal of the employee, according to the Labor Code, if consent received)
full calculation with an employee.

To translate from the current organization to another, the employee must compile an application for admission. Approximate content: to whom; from whom; Textual part (in arbitrary form); signature; the date.

The strict sample is not established for it, therefore the meaningful part is set on to the discretion of the applicant. But generally accepted details in this case should be observed: addressee, date, signature. The law determines the translation as a change by an employee of an employment function by terminating the contract with an existing employer and designing a new one with another. This form of a person's transition from the current enterprise to the future is a kind of dismissal with a guaranteed subsequent employment.

Receiving a job by transfer from another organization - the order of registration

It should be noted that the translation initiative may arise from the employee itself, its current employer and its future leader.

Transfer employment in the next organization can be in the proposed order:

Prepare documents required for dismissal:

Translation statement;
Order;
A letter from employers for the upcoming place of work if the initiator of the translation procedure is the current employer;
The consent of the face to change the workplace in writing.

Make dismissal With a valid position.

Transfer documents for employment to firm Waiting for a new employee.

Sign prepared by the new employer acts.

Start exercise of its functions.

Application for employment by transfer from another organization

The view of the named document structurally looks like:

Address (head of the firm waiting for a translated officer);
Applicant (indicating position);
The name of the act - "statement";
The main part ("I ask to dismiss with" ... .. "by translation in ...);
Signature;
The date.

Sample order of reception in the order of translation from another organization

The description of the proper form of the translating order has mandatory details for applicant documents. In the text of the meaningful part, it is important to reflect where the applicant is translated, from what date and in what order. Chiefs, as a rule, use the blanks of local acts compiled by other issues, bringing the necessary data in them.

Recording on the reception by transfer from another organization how to issue?

When the working person goes into a different organization, he will have to go through the procedure for stating in the employment record of this, and also produce full calculation. The wording of such a record is expressed in any form, it is important that it consecrates where the subordinate and corresponding paragraph of the TK RF, according to the rules of which he was fired.

The appearance of a similar recording is characterized by marginal shortness and content, it should not be set forth with a conversational or artistic style, only officially business language, established wording, a correct presentation with the preservation of reliability is used.

Receiving a job by transfer from another organization - an employment record

The labor book is considered in the right as a strict report on the activities of its owner, so its filling is rigidly regulated by the rules of law, in particular, by order of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69.

When adjusting some records of the employee's records about the translation process, it is forbidden to reduce or in any way to distort the words and formulations. For example, per., Trans. etc. Only an order may serve as a basis for making records issued in the appropriate manner and form. The recording period is limited to the week from the date of signing the order, the exception is to record on the dismissal.

Secondary order of recording in the employment record:

Employer data;
Information about the coming to work, about changing the place of work, dismissal;
Signatures of both.

Thus, the legislator suggests citizens to change the post and the head by means of translated procedures, but for this, the employee will still have to quit first, and after - to work out at the place found. In any case, this mechanism is debugged, in demand and effectively operates, which is established due to the polling of Russians and statistical indicators derived after calculations of the number of persons fired precisely using the translated process.

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