Sample application for a job as a translator. Internal transfers: we make out correctly. Transfer to another locality

Dismissal in the order of transfer to another organization can be issued when there is consent:

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

    invited employee;

    employer with former place work.

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

How is an invitation issued by a company?

It is no secret that the leaders of many companies are eyeing the employees of competing firms or their own. business partners. In any case, the director of each enterprise would be glad to see in his organization an intelligent and an experienced employee. Often they are ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal by 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 opposed to leaving his company, the invited employee can leave it on his own initiative.

Letter of resignation in order of translation, sample

Dismissed in the order of transfer can only be with the consent of the employee. Therefore, he must document his positive response to the transition 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 can become good option for an employee who decides to leave the company and has already found new job. Dismissal in connection with the transfer is a guarantee that within a month from the date of departure, the new employer will sign a contract with him. Also, the absence of a mandatory two-week working off (by agreement of employers) and the absence of probationary period at a new place of work. A citizen can ask the head of the company in which he wants to find a job to send a request to his current employer. He must also write a letter of resignation in the 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.

Issuance of a transfer order

The head issues a dismissal order drawn up by. The following documents are indicated as the basis for leaving:

    invitation of a future employer;

    agreement current employer;

    statement or consent of the worker.

The dismissed person is introduced to the order under the signature. On the day of his departure, the payment is transferred to him and the book is returned with an entry on the termination of the contract made in it.

What does a contract termination record sound like?

Information fits into a personal card and work book 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 the consent) to (name of the 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 employment to a citizen. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in a new organization are an invitation to transfer and the consent of a citizen. If the employer decides to refuse the invited employee employment, he can file a complaint with the labor inspectorate or sue him. If the court decides in favor of the plaintiff, he will oblige the new employer to sign a contract with him from the day following the day of leaving the previous place of work.

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

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

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

Question: The employee was hired on 02/02/2015 part-time. 04/30/15 she quits previous place work, in the labor wording "In the order of transfer to Romashka LLC" (our organization) The entry for employment in Romashka was made as follows: 05.05.15 Accepted for the position .... in the order of transfer from Buttercup LLC (previous employer) But the order dated 05.05.15 is an order to transfer from part-time work to the main place of work. That is, she was not fired from a part-time job, but a transfer was made from a part-time job to the main place of work. If it weren’t for the condition “In the order of transfer from Buttercup LLC”, I would have made an entry on 02.02.15 Hired for Work at Romashkas LLC 02.02.15 to 04.30.15 carried out labor function as a collaborator.

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

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

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

Employment book (fragment)

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

EMPLOYMENT HISTORY
...
Job details

№
records		 the date Information about hiring, transfer to
another permanent job, qualifications,
dismissal (with reasons and reference
to an article, paragraph of the law)		 Name,
date and number
document, on
basis
whom
entry made
number month year
1 2 3 4
Closed joint-stock company
Alfa (CJSC Alfa)
3 18 02 2011 Adopted in the planning and economic
department for lead
economist in order of translation from
limited companies
responsibility
"Trading company "Hermes""
(LLC "Trading firm" Hermes "")		 Order from
18.02.2011
No. 14-k

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

Part-time employee becomes the main employee

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

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

How to transfer an employee to another organization

Translation approval

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

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

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

Transfer by decision of organizations

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

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

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

Acceptance by a new employer

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

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

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

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

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

Employment book (fragment)

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

Job details

№
records		 the date information about hiring,
transfer to another permanent
jobs, qualifications, layoffs
(with indication of the reasons and reference to the article, paragraph of the law)		 Name, date and number of the document on the basis of which the entry was made
number month year
1 2 3 4
Public corporation " Manufacturing company"Master" (OJSC "Production company "Master"")
7 13 01 2009 Recruited as an Equipment Technician Order dated 13.09.2019
No. 2-k
8 28 05 2013

Dismissed in connection with the liquidation of the organization, clause 1 of part 1 of article 81 of the Labor Code Russian Federation

Supervisor
personnel department ______________
E.E. Gromov

Employee ______________

 Order dated May 28, 2013 No. 102-k
Closed Joint Stock Company
Alfa (CJSC Alfa)
9 29 05 2013 He was accepted as a production equipment adjuster from 08/31/2011. From 08/31/2011 to 05/28/2013 he performed a labor function as a part-time worker Order No. 103-k dated May 29, 2013, Order No. 15-K/P-S dated August 31, 2011

Answered by Alexander Sorokin,

Deputy Head of Department operational control Federal Tax Service of Russia

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

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

Legislation

The most important point is to obtain the consent of the employee:

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 relevant application from the employee. What needs to be done last:

  1. Find out the availability of vacancies in the enterprise of interest, pass an interview with the manager, agree with him on hiring in the order of transfer, receive a letter with a request to transfer an employee indicating a specific date.
  2. Visit the current boss, apply for a transfer. Mandatory two-week working off in this case is canceled, because the employer must be guided by the date indicated in the letter from the host.
  3. On the last day labor activity receive a salary and compensation for unused vacation (if applicable), pick up a work book from the personnel department.
  4. On the appointed day, come to a new place of work to draw up an employment agreement.

Features of the translation initiated by the employer

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

  1. One director sends a written proposal to another, then a transfer agreement is concluded.
  2. They offer the employee of interest to transfer to another company, receive his consent in writing.
  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 leader.

For the sake of clarity, let's look at a detailed example:

Spektra LLC and Vega LLC are partner organizations. The head of Vega LLC noticed an employee from a partner who was suitable for vacant position, which he has at the enterprise, about which he informed him. The employee was first made an oral proposal, then all documents (an agreement between employers, a proposal for a transfer, consent from a 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 a transfer offer 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 you plan to transfer.
  2. Draw up a transfer order to another employer.
  3. Pay the employee in full, issue him a salary certificate and a work book.

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

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

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

Features of translation for a new leader

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

  • It is impossible to refuse employment within one month after a written invitation to work (Article 64 of the Labor Code of the Russian Federation).
  • Employment is carried out only with the consent of the previous employer and is issued in general order 6 an ordinary order is issued, a work book is filled out, an employee is issued job description for familiarization.
  • It is not allowed to establish a probationary period for persons invited to work through transfer (Article 70 of the Labor Code of the Russian Federation).
  • Even if an employee underwent a medical examination with a previous employer, if necessary, he must also pass it with a new one, incl. and in the presence of 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 an expert and head of the department in the comments to the Labor Code of the Russian Federation labor law State University – high school Economics Yu.P. Orlovsky.

Is it possible to transfer unused vacation during the transfer?

According to Art. 127 of the Labor Code of the Russian Federation, when an employee is dismissed in connection with a transfer to another company, the former employer must do the following if the subordinate has unused vacation:

  • Pay financial compensation.
  • Grant leave followed by dismissal if the terms of the transfer agreement allow.

In the latter case, it is necessary to be guided by the date on which the employee must begin to perform 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?

Registration of the work book is carried out in the following columns:

First column Second Third - "Information about the work" Fourth
The serial number of the record is set The columns of the date of dismissal are filled in, indicating the day, month and year.

The subsequent director enters the date of employment.

 The reason for dismissal is indicated - transfer at the initiative of the employee to another employer, the basis - clause 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation. The signature of the personnel officer and the seal of the organization are put. The name of the document on the basis of which the entry is made in the labor is indicated - the order, the date of its execution and the number

Most Common Mistakes

Mistake #1. For the transfer, a verbal agreement between all parties is sufficient - two employers and an employee.

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

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

No, because the conclusion states specific organization for which a citizen passes a medical examination.

Frequently Asked Questions Rating

Question number 1. Is it necessary to indicate in the transfer request the specific date from which the employee is planned to be employed in a new organization?

Yes, it is necessary to do this so that the current employer can complete the dismissal procedure on time.

Question number 2. What to do if the employer refuses to fire the employee in the order of transfer?

By law, the manager has every right to refuse to transfer an employee, but he can quit on own 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 in the order of transfer to another enterprise requires compliance with a specific algorithm of actions and filling out the appropriate documents, which often raises questions from employers. In order to avoid mistakes, it is necessary to be guided by the norms of the Labor Code of the Russian Federation, as well as to know the obligations of all parties to labor relations.

A transfer is a change in the official functions of a citizen, which is implemented by terminating an employment contract with one employer and concluding a new contract at another enterprise. In other words, this is the simultaneous conduct of dismissal procedures and, in which employment is guaranteed by law.

In many cases, a transfer is possible by sending an employee to another branch or division of the same enterprise.

Regulatory regulation

The transfer is carried out at the initiative of the employee or his manager.

  • An employee can but also . At the same time, before signing an employment contract with a new enterprise, it is required to quit the previous one (Article 77 Part 1 of the Labor Code of the Russian Federation).
  • In order for the transfer to become possible, the consent of three parties is required, which are drawn up in writing, namely, the consent of the employee himself or a statement from him (Article 72.1 of the Labor Code of the Russian Federation), as well as his new and former managers.
  • All three parties, the heads of the two enterprises and the employee himself, sign a tripartite agreement, and if this is not possible, letters are exchanged between the two employers.

At the initiative of the worker

The beginning of the transfer is considered to be the receipt by the employee of an invitation to a new position from the head of another enterprise, drawn up in writing. Sometimes this official letter, in which a request is written to allow a specific employee to transfer to a new enterprise, may be sent to the name of the current employer.

The letter of invitation is drawn up in free form, unified requirements according to its composition, no. If an employee receives such a letter, then the first thing he must do is provide this letter to his employer, he can at the same time.

The employer has the right to agree to release the employee or refuse to transfer. He can write his decision by hand on the letter, application submitted to him or draw up a separate document.

At the initiative of the administration

The head of the enterprise may decide to transfer the employee in the following situations:

  1. It is planned at the enterprise, and the manager wants to reduce the amount compensation payments, so he offers the employee a place in another structural unit or another company.
  2. The head of a third-party enterprise in the process of cooperation draws attention to the employee and offers to transfer him to his enterprise.
  3. There are force majeure situations that require the mandatory transfer of an employee, for example, accidents and disasters.
  4. A new branch or subsidiary is opened and part of the staff needs to be transferred there.

It's also important to know:

  • If the initiator of the transfer is the manager, then in connection with the transfer there must be an official letter from the host enterprise and the written consent of the employee.
  • If the employer receives a letter requesting a transfer or he decides to transfer the employee to a new position, now it is he who must obtain consent specific employee specified in the letter.
  • Usually two managers agree and draw up a written agreement, which must be transferred to the employee for review and decision. It prescribes the terms, conditions and procedure for the transfer, the working conditions of the employee.

Employee Consent

Employee consent can be obtained in the following ways:

  1. By writing them an application for transfer.
  2. By writing the word "I agree" and his signature on the letter provided to him.

Reflection of the transfer of an employee in 1C - the topic of the video below:

After considering the issue, we came to the following conclusion:
When an employee is transferred to another organization that is an independent employer, the employee leaves the first organization and concludes an employment contract with a new organization. In orders for dismissal and hiring, as well as in the work book, notes are made that the employee is dismissed and hired by a new employer in the order of transfer at his request or with his consent.

Rationale for the conclusion:
When an employee is transferred to another organization that is an independent employer (part four of article 20 of the Labor Code of the Russian Federation), the employment contract between the employee and his original employer is terminated under clause 5 of part one of article. 77 of the Labor Code of the Russian Federation: transfer of an employee at his request or with his consent to work for another employer.
If the initiative for the transfer came from the employee, then it is considered that the transfer is made at the request of the employee. If it was the initiative of employers, then the transfer is considered to be made with the consent of the employee.
Dismissal of an employee from a former employer is carried out in accordance with the general procedure established by Art. 84.1 of the Labor Code of the Russian Federation. The termination of an employment contract is formalized by an order (instruction) of the employer (form N T-8). On the day of termination of the employment contract, the employer is obliged to give the employee a work book with a record of dismissal and make settlements with him, including paying compensation for all unused vacations(part one, article 127, article 140 of the Labor Code of the Russian Federation).
The new employer employs the employee in the general manner. In accordance with Art. 67, 68 of the Labor Code of the Russian Federation, an employment contract is concluded with him and an order for employment is issued (form N T-1). This order indicates that the employee was hired in the order of transfer from another organization indicating its name (see Instructions for the use and filling out forms of primary accounting documentation for recording labor and its payment, approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1).
In the work book of the employee in column 3 of the section "Information about work" in the organization from which he is leaving, the following entry is made: "Fired in the order of transfer at the request of the employee (or" with the consent of the employee "- depending on the order in which transfer) to a society with limited liability"Vintik and Shpuntik", paragraph five of part one of article 77 of the Labor Code of the Russian Federation "(clause 5.1, clause 6.1 of the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 N 69).
In an organization hiring an employee, after the name of the organization, in column 3, an entry is made about the acceptance or appointment to the structural unit of the organization indicating its specific name (if the condition of working in a particular structural unit is included in the employment contract as essential), the name of the position ( work), specialty, profession, indicating qualifications and indicating that the employee was accepted (appointed) in the order of transfer (clause 3.1, clause 6.1 of the Instructions for filling out work books).

Prepared answer:
Legal Consulting Service Expert GARANT
Solovyov Oleg

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Barseghyan Artem

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

 

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