Hiring by way of transfer from another organization. Hiring by transfer from another organization: registration. What to do in case of refusal

Dismissal by way of transfer to another organization can be formalized when there is agreement:

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

invited employee;

employer with former place work.

In this case, termination is possible employment contract at the previous place of work. Transfer to another organization without dismissal is not permitted.

How is an invitation from a company issued?

It is no secret that the managers of many companies are looking closely at the employees of competing companies or their own business partners. In any case, the director of each enterprise would be glad to see a smart and experienced employee. They are often ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is against him leaving his company, the invited employee can leave it on his own initiative.

Letter of dismissal by transfer, sample

Dismissal by way of transfer can only be made with the consent of the employee. Therefore, he must document his positive response to the transfer in writing. The wording “I agree to the transfer” is indicated on the invitation from another employer. After receiving the document, the director issues an order to terminate the contract.

How is an application made?

Dismissal by transfer to another organization may become good option for an employee who has decided to leave the company and has already found himself new job. Dismissal due to transfer is a guarantee that within a month from the date of departure the new employer will sign a contract with him. Also, an advantage can be considered the absence of mandatory two-week work(by agreement of employers) and the absence of a probationary period at the new place of work. A citizen can ask the head of the company where he wants to find a job to send a request to his current employer. He must also write a letter of resignation in order of transfer.

Sample application:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with the specified employee for employment in his company.

Issuing a transfer order

The manager issues a dismissal order drawn up according to. The following documents are indicated as the basis for leaving:

invitation to a future employer;

agreement current employer;

statement or consent of the worker.

The person leaving is introduced to the order and signed. On the day of departure, the payment is transferred to him and the book is returned with an entry about the termination of the contract made in it.

What does a contract termination record sound like?

The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of enterprise), paragraph 5 of Article 77 of the Labor Code of the Russian Federation.” Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees a citizen employment. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in the new organization are an invitation to transfer and the consent of the citizen. If the employer decides to refuse employment to the invited employee, he can file a complaint with the labor inspectorate or sue him in court. If the court decides in favor of the plaintiff, it will oblige the new employer to sign a contract with him from the day following the day he left his previous job.

The legislation also provides for administrative liability for such violations. According to Part 3 of Art. 5.27 of the Administrative Code, a fine of 10 to 20 thousand rubles may be imposed. per official, from 50 to 100 thousand rubles. to the organization.

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.

When internal translation may change as functional responsibilities employee and his structural unit.

Internal transfer can be either permanent or temporary.

Grounds

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 about transfer to another place.

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 resign by own initiative, but such a step does not guarantee that within a month the new employer will conclude 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.

When correct design of all documents, the new employer is obliged to hire the employee for the agreed position within a month after dismissal.

Refusal 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 have found another, promising job, or the employers have agreed among themselves, it makes sense to formalize your 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:

09.09.2019

Due to certain circumstances, the employee or employers may transfer the employee to another position, to another structural unit of the organization or to an external employer.

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

The execution of the translation is carried out by agreement of all parties (two or three, depending on the type of agreement) and involves the publication of a separate administrative document– order of the head of the receiving party.

What form should I use to apply for a job from another organization?

As a rule, when changing a permanent job, a worker writes a letter of resignation, goes through the appropriate procedure, receives a work book and proceeds to the stage of registration with a new employer.

However, situations arise when an employee moves to a new place of work through transfer.

The transfer of an employee may be due to:

the desire of the employee himself to move to a new enterprise with the written consent of the latter’s manager;
an agreement between the current employer and an external company, due, for example, to an upcoming layoff or other circumstances;
a request from an external employer to transfer a certain employee to it.

The reasons may be of a personal nature (on the part of the employee - the closer location of the new place of work to the place of residence, Better conditions labor, higher wage and position, etc.) and provoked by production needs (on the part of the new employer - the need for a highly qualified specialist, who is the transferred employee, entry into staffing table a new position for which the invited worker meets the professional requirements, etc.).

Also, if there is a likelihood of job or staff reduction, the management of the enterprise may take care of best employees and negotiate with other organizations to transfer their employees to similar positions.

Foundation documents

It was stated above that, regardless of the party initiating the transfer, the consent of all participants in the presented process is necessary:

worker;
the enterprise where he works;
the enterprise to which the transfer is planned.

Depending on the initiator and reasons for the transfer, it may be based on the following documents:

an application for dismissal by transfer, drawn up by the employee with the approval of the receiving party (the application is marked with an approving or rejecting resolution of the current employer);
an invitation from an external employer with agreements between the employee and the current manager;
correspondence of enterprise managers in which agreement was reached on the transfer of an employee and the written consent of such an employee.

Important! All documents that serve as the basis for employment as a transfer must be drawn up exclusively in writing.

Proper execution of the transfer is a guarantee for the employee in the absence of a probationary period at the new workplace, as well as in the employment order and work book, the conditions for dismissal of employment are indicated as a transfer to another enterprise.

How to issue an order?

The main document used to formalize a transfer to a new place of work is an employment order, which is issued by the head of the receiving company.

The presented document is mandatory, but the legislator does not put forward any special requirements for it.

Download sample

Download an example of an order for employment by transfer from another organization -.

Useful video

How to properly process an employee transfer is described in detail in this video:

Hiring a new job by transfer is sometimes very beneficial for an employee, since all his rights are fully respected.

There are several ways to carry out such a procedure, and each option requires certain actions and compiling some documentation. We will tell you in detail in this article how to correctly draw up an order, an employment contract and an application for admission in the order of transfer from one organization to another, and whether a probationary period is established in this case.

Definition of the concept

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

external;
interior.

Dismissal for the purpose of moving to another position in one’s own organization or moving to a new employer is called a transfer and provides the employee with many guarantees. Often companies transfer branches of their business to another city, and sometimes outside the Russian Federation. Territorial movement is also a transfer.

Reasons for the procedure

To make an external transfer to another employer, the current employer must have written permission - the employee’s request. For internal movements, the employee's consent is not always required.

Registration at the initiative of the employer

In case of minimizing staff and reducing the volume of work in order to reduce costs, the management of the organization can agree with third-party employer companies about the employment of their employees with them. Such a transfer necessarily requires the consent of the employee.

Required Documentation

The following documents will be required for translation:

Sample entry in the employment record about dismissal due to transfer:

Procedure for actions initiated by an employee

In most cases, the initiator of transfers is the employee himself. This is due to finding a more suitable place of work.

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

Tripartite agreement.
Inviting a new employer.
Statement or consent of the employee himself, if company managers have drawn up a bilateral agreement.

Download a job invitation form from a new employer
Download a sample request for a job invitation from a new employer

In addition, the following documentation will be required:

Employee's education diploma.
Identity document.
Military ID or registration certificate.
Medical certificate (depending on the situation).
SNILS.
Labor book.
Work permit for foreign citizens.

Guarantees for the employee

Pay the cost of travel for yourself and your entire family. In case the transfer is carried out to another region, locality or country (Article 169 of the Labor Code of the Russian Federation).
Cash can only be obtained if a letter of invitation is written correctly from the management of the new organization. Such a document is drawn up by the new employer on the organization’s letterhead and signed by the manager.
Cancellation of the need to work for two weeks in connection with dismissal from a previous job.
No probationary period when transferring to a new position with a new employer.
The new employer cannot refuse employment in connection with the transfer (Article 64 of the Labor Code of the Russian Federation).

What to do in case of refusal?

If the new employer refuses to hire the transferred employee, he can go to court.

If the plaintiff wins the case in court, the employer will hire him and enter into an employment contract from the day following the date of dismissal. As mentioned above, when transferring to a new organization, a probationary period is not assigned to the employee.

To summarize, it can be noted that dismissal by transfer can be very beneficial for the employee. Therefore, if such an offer comes from an employer, you can calmly consider it, having studied all the nuances in detail and weighed all the pros and cons. In situations with downtime and other unfavorable circumstances, you can take the initiative into your own hands.

urexpert.online

How is an invitation from a company issued?

It is no secret that the managers of many companies are looking closely at the employees of competing companies or their business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization.

Rarely are they ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is against him leaving his company, the invited employee can leave it on his own initiative.

Letter of dismissal by transfer, sample

How is an application made?

Dismissal by transfer to another organization can be a good option for an employee who has decided to leave the company and has already found a new job. Dismissal due to transfer is a guarantee that within a month from the date of departure the new employer will sign a contract with him. Also, an advantage can be considered the absence of mandatory two-week work (by agreement of employers) and the absence of a probationary period at the new place of work. A citizen can ask the head of the company where he wants to find a job to send a request to his current employer. He must also write a letter of resignation in order of transfer.

Sample application:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with the specified employee for employment in his company.

Issuing a transfer order

The manager issues a dismissal order drawn up in Form No. T-8. The following documents are indicated as the basis for leaving:

invitation to a future employer;

consent of the current employer;

statement or consent of the worker.

What does a contract termination record sound like?

The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of enterprise), paragraph 5 of Article 77 of the Labor Code Russian Federation" Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees a citizen employment.

The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in the new organization are an invitation to transfer and the consent of the citizen. If the employer decides to refuse employment to the invited employee, he can file a complaint with the labor inspectorate or sue him in court. If the court decides in favor of the plaintiff, it will oblige the new employer to sign a contract with him from the day following the day he left his previous job.

clubtk.ru

At the initiative of the employer

Initially, the head of the company to which the employee will be transferred must send a written request to the organization where the employee is currently working, requesting the transfer of the person in question. The letter of request must contain the specific date from which the employee is expected to be employed in a new workplace, and his new position. After receiving such a request, the head of the company where the employee works must agree with the latter on the possibility of his transfer to the employer-applicant to carry out professional activities.

If agreed, the employee submits a letter of resignation in connection with the transition to permanent employment in another company. Next, the head of the first organization sends a letter of confirmation to the future employer confirming the consent of the subordinate.

From this moment on, it becomes possible to dismiss an employee from his position in the previous company and hire him as a transfer to another company.

In the case of hiring an employee to the company's staff by letter of transfer, the contract is concluded according to general scheme(Article 67 of the Labor Code of the Russian Federation).

In a new employer company, when applying for a job during a transfer, the following sequence of paperwork is provided:

A contract is concluded with the employee.
An employment order is issued.
An employee personal card is issued.
An entry is made in the work book of the hired employee: “Accepted to (name of structural unit) for position (name) in the order of transfer from (name of enterprise)” (clause 3 and clause 6 of the instructions approved by Resolution No. 69 of the Ministry of Labor of the Russian Federation dated 10.10.03 ).

It is important to know that if a citizen changes his place of residence permanent job in the order of transfer to a new place, a probationary period is not allowed.

At the initiative of the employee

If the specialist himself requested a transfer to another company, then the first step in the approval procedure will be his written application. Then the head of the company in which the person in question currently works must communicate the employee’s desire to the head of the company to which the subordinate wants to transfer and obtain his consent.

Further, the hiring and dismissal process will proceed according to the general scheme, with the exception of one important point: when a dismissal entry is made in the applicant’s work book, it must contain a note that the transfer procedure was carried out at the applicant’s personal request, and not with his consent.

Please note: it is impossible to refuse to issue a contract to an employee invited for employment by transfer from another enterprise. This prohibition lasts for thirty days from the date of dismissal from the previous place labor activity. Hiring by transfer from another organization in compliance with this requirement regulated by Article 64 of the Labor Code of the Russian Federation.

Important points

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

In addition, such a refusal may result in problems for the previous employer. An employee who has been denied a job has the right not only to appeal the refusal in court, but also to request reinstatement previous place(Article 394 of the Labor Code). The obligation of the organization will also be to pay the reinstated employee for the period of forced absence in the amount of the average salary.

IN judicial procedure The employing company may be required to compensate an illegally dismissed employee for moral damages. The amount of this compensation is determined in individually, but must be indicated in the decision on the claim: to determine the amount of damage, the nature of the harm that was caused to the employee and the degree of guilt of the company are taken into account (clause 63 of the Plenum resolution Supreme Court RF dated March 17, 2004 No. 2).

podborkadrov.com

Concept

Part 2 of Article 72 of the Labor Code of the Russian Federation states 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.

Grounds

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

Procedure for registration at the initiative of employers

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.

In the contract, employers, first of all, must specify the terms of its validity, as well as the date the employee takes on a 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.”

Download a sample application for employment in the order of translation.

Employment contract

Drawing up an order

After the acceptance order is issued, it is given to the employee for signature.

Below is a sample order for employment in the order of transfer from another organization:

Most often, it is the employee himself who initiates dismissal due to transfer. The reason will be to find a new, more suitable job.

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.

The employee’s work book must contain 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.

Refusal of employment

If the employer backs down, then Article 64 of the Labor Code, however, guarantees employment with the inviting organization.

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.

Probation

Is there a probationary period established for admission to another organization as a transfer? In this case not installed.

Conclusion

So, if you have found another, promising job, or the employers have agreed among themselves, it makes sense to formalize your 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.

moyafirma.com

Hiring by transfer from another organization

Many people, in a desire to improve their living conditions, are looking for improved working conditions. Pay and work schedule can play a decisive role in this. Such a search sooner or later leads to natural results in the form new vacancy with more acceptable working conditions. To obtain mutual guarantees that the manager will not change his mind and the employee will also fulfill his promise, a written agreement is drawn up.

A written agreement provides the employee with a number of advantages.:

There is no need to work the two weeks required by law at your old place of work, although you still need to enlist the support of your manager.
100% guarantee of further device. According to the law, the receiving party is assigned the obligation to compulsorily register the invited and resigned employee as a member of the staff.
When receiving a translation there is no need to test the professionalism of the invitee. There is no probationary period.

This order of affairs remains in the case of registration at the request of the employee or expressed initiative on the part of the employer.

The procedure for applying for employment in the order of transfer from another organization

Regardless of the fact that the specialist was invited in advance and there is a written agreement on the transfer, his registration for the position proceeds in a natural way for newly registered employees. The registration procedure is as follows:

The candidate for the position provides all necessary list papers for hiring.
In case of a pre-documented translation, the application for admission is not required attribute. But the employer can still ask the person being accepted to submit a document about employment in another organization.
Are concluded labor Relations by bilateral signing of an agreement.
An order is prepared and issued.

The day specified in the order is the day the new work activity begins.

Sample application for employment by transfer from another organization

A document about employment in another organization is written in a standard way. You do not need a form or special form to fill it out. The application must contain the following information:

New employer details.
FULL NAME. invited
Date of arrival and start of work.
The request must be submitted to a specific position based on a previously agreed transfer.
Signature and writing number.

The application should also specify whether this work temporary or permanent.

Download a sample job application

Order for employment by transfer from another organization - sample

Based on the submitted documents, the manager, by order, determines the need to hire the employee to the organization’s staff. The order is written on standard T-1 form. Its text must indicate:

FULL NAME. new employee.
Personnel number assigned to him.
The name of the position that will be the main place of work for the person hired.
Work start date.
Duration of the concluded contract.
Amount of salary and additional allowances.
A link is provided to the previously concluded employment contract.

The order is secured with the mandatory signatures of the manager and employee, and is also stamped. The basis for admission is Article 77 of the Labor Code of the Russian Federation.

Download sample order

legionfg.ru

How to file a dismissal

Guided by Article 72.1 of the Labor Code of the Russian Federation, an employee can express in writing his request to transfer to a permanent place of work in another company or enterprise. Firstly, a letter of resignation is first written due to transfer to a specific place of work. Attached to the application is a request from the management of the new enterprise also with a request to dismiss the employee so-and-so in connection with his transfer to a permanent place of work.

If the actual employer does not object, then the employment contract with the employee is canceled, in accordance with Art. 77.1.5 Labor Code of the Russian Federation. Next, an order is issued in form No. T-8 or 8a, signed by the manager or acting officer and the employee is notified of the dismissal against signature.

The work book indicates the reason for the change of place of work - at the request or with the consent of the employee in the following form: “The employment contract was terminated due to the transfer of the employee at his request or with his consent to work in (name of enterprise)” and an indication is made of the corresponding article of the Labor Book code. You should know that the employee has the right to withdraw his application at any time, in accordance with Art. 80 of the Labor Code of the Russian Federation, if another employee has not yet been invited to take his place. After dismissal, the employee is paid unused vacation pay, wages and all other payments due to him.

Reception to a new place

This Labor Code does not approve the need to write an employment application, since the registration of a new employee occurs by signing an employment contract with him. The application has no form and is written by hand on a standard white sheet of paper; it must contain a request to accept a specific person for a specific position, indicating the date of writing.

Many organizations still require job applicants to write an application. A standard package of documents is required for employment:

passport)
employment history)
pension insurance certificate)
diploma)
military ID)
sometimes a medical certificate is required)
work permits for foreign workers.

The new employer should be aware of some employment rules regarding transfer:

since the employee is invited to transfer from another company in writing, it is impossible to refuse him employment within one month from the date of his dismissal from his previous job (Article 64 of the Labor Code of the Russian Federation))
employees transferred by invitation do not undergo a probationary period (Article 70 of the Labor Code of the Russian Federation).

Hiring by way of transfer is formalized in form No. T-1 or 1-a, which indicates that the employee was transferred from another enterprise (which one should be indicated), and in the column about probationary period a dash is added.

Transfer at the initiative of the employer

It happens that due to production needs or for other reasons, management considers it necessary to transfer an employee to another enterprise. In this case, it is also necessary to obtain the employee’s consent to the transfer in writing (Article 72.1 of the Labor Code of the Russian Federation). The transfer procedure is carried out by agreement and conclusion of a written agreement between the actual and future employers. The agreement must indicate:

working conditions at the new job)
mode)
salary)
place of work.

After which, the employee is sent an offer to transfer to another place of work. The employee’s consent or non-consent is formalized either a separate document, or written directly on the sentence itself. Upon receipt of the employee’s consent to change his place of work, the registration of dismissal is the same as described above, but in the work book it is written not “at his request”, but “with his consent”. To apply for a new position, the employee must also write an application for employment in the order of transfer. The further procedure is already known to us.

One more point should be noted. Let's say a manager wants to transfer an employee who is a citizen of another state to another enterprise. This could also happen. How legal will his actions be? Firstly, since there is a foreigner in the company, it means that the employer has the appropriate permission to use the hired labor of foreign nationals. This permit is issued individually for each employee who needs it, and this document cannot be transferred to other organizations and, accordingly, cannot be translated this employee to another place of work. New foreign workers must work only where their place of work is determined by the permit.

Well, if an emergency situation has arisen and you just need to get specific employee, then you will have to fire him first in accordance with the Labor Code. The new employer must independently go through all the circles of hell to obtain a permit for this employee, and then register it at his enterprise according to the standard procedure.

conclusions

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

receipt from the host employer of a letter of request to the current management with a request to transfer the employee)
writing a letter of resignation due to transfer to another company. This application is considered as an example of an application for employment in the order of transfer to another enterprise)
going through the standard dismissal procedure)
registration for a new place in accordance with the Labor Code.

Actions of a manager who transfers an employee to another place of work by his own decision:

signing an agreement with another employer, showing that he is not against hiring such and such an employee)
making a proposal to transfer an employee to another enterprise)
obtaining consent from the employee)
registration of employee dismissal, in accordance with Labor Code, if consent is obtained)
full settlement with the employee.

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 of employee labor function by terminating the 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 recording is characterized by extreme brevity and content; it should not be presented in conversational or artistic style, only official business language is used, established formulations, correct presentation while maintaining authenticity.

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. Anyway this mechanism is streamlined, 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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