Sample application for a job with translation. Internal transfers: we process them correctly. Transfer to another area

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

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

    invited employee;

    employer from the previous place of work.

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

How is an invitation issued from a company?

It is no secret that the leaders of many companies look closely at the employees of competing firms 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. Often they are ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal for transfer to another organization is possible if the employer 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.

Dismissal letter by way of translation, sample

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

How is the application prepared?

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, the advantage can be considered the absence of mandatory two-week work (by agreement of employers) and the absence of a 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, so that he send a request to his current employer. He must also write a letter of resignation in the order of transfer.

Sample statement:

An invitation of the future employer with a request to terminate the contract with the specified employee for employment in his company must be attached to the application.

Issuance of a transition order

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

    invitation of a future employer;

    the consent of the current employer;

    statement or consent of the worker.

The resigning person is introduced to the order signed. On the day of leaving, the calculation is transferred to him and the book is returned with an entry on the termination of the contract.

What does the 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: "Fired in connection with the transfer at the request of the employee (or with the consent) in (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 not hire?

Article 64 of the Labor Code of the Russian Federation guarantees employment to a citizen. An employer who has sent an invitation cannot back down and refuse a citizen to sign a contract. The documents that guarantee employment in the new organization are the invitation to transfer and the consent of the citizen. If the employer decides to refuse the invited employee in employment, he can file a complaint with the labor inspectorate or sue him. 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 of leaving the previous place of work.

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

What about recruiting from another organization? Please help with correcting labor records

What entries to make in the employee's work book if she was hired by transfer from another organization will be prompted by the article.

Question: The employee was hired on 02.02.2015 part-time. 04/30/15 she leaves her previous job, in the labor wording "In order of transfer to Romashka LLC" (our organization) Record of employment in Romashka is made in the following way: 05/05/15 Accepted for the position .... in order of transfer from LLC Buttercup (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 the part-time job, but a transfer was made from the part-time job to the main place of work. If it were not for the condition "In the order of transfer from LLC Buttercup" I would have made an entry on 02.02.15 Accepted for Work at LLC Romashkas 02.02.15 to 30.04.15 carried out the labor function as a part-time worker.

Answer:The following entry must be made in the work book.

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

He was hired as a production equipment adjuster from 31.08.2011. From 08/31/2011 to 05/28/2013 carried out a labor function as a part-time job

Labor book (fragment)

Registration of an employee's employment record by way of transfer from another organization

EMPLOYMENT HISTORY
...
Job Details

№
records		 the date Information about employment, transfer to
other permanent job, qualifications,
dismissal (with reasons and reference
per article, clause of the law)		 Name,
date and number
document on
basis
whom
entry made
number month year
1 2 3 4
Closed joint stock company
"Alpha" (CJSC "Alpha")
3 18 02 2011 Adopted to the planned economic
department to lead
economist in order of transfer from
Limited company
responsibility
"Trading company" Hermes "
(LLC "Trading company" Hermes ")		 Order from
18.02.2011
No. 14-k

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

The part-time worker becomes the main employee

The transition of an employee from a part-time job to a 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 resignation from a part-time job, and then - the admission of this employee to the main place of work. In this case, the part-time worker must also resign from the previous main job. The legitimacy of this order is explained as follows.

How to arrange the transfer of 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 , and employee ... This is stated in part 2 article 72.1 of the Labor Code of the Russian Federation.

This transfer takes place through dismissal from the previous place of work , since in another organization with an employee new employment contract (h. 4 art. 64 and h. 2 tbsp. 72.1 Labor Code of the Russian Federation). *

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

Translation by decision of organizations

If the transfer of an employee is carried out by the decision of the organizations (current and receiving), the procedure for dismissal and acceptance will be as follows. To begin with, the head of the organization where the employee is transferred should send to the organization where he currently works, an inquiry with a request for its translation. In the request, you must indicate the date from which the employee is supposed to be hired for a new job, and his new position. Having received a letter of inquiry, the head of the organization where the employee works is obliged to agree with the subordinate the possibility of transfer. *

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

From this moment, you can carry out the dismissal of an employee from the previous place of work and his recruitment to a new job.

Hiring 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. Kondratyev ( an inquiry). The head of Hermes agreed, and the employee himself did not mind. Kondratyev wrote letter of resignation , about which the head of "Hermes" sent confirmation letter.

The head of "Hermes" issued a dismissal order in connection with the transfer of form No. T-8 ... The dismissal due to the transfer was recorded in work book.

The head of "Alpha" published order about the admission of Kondratyev to work. Record of employment in connection with the transfer was entered in work book.

Labor book (fragment)

Transition from part-time jobs to the main job within the same organization. The part-time job was not entered

Job Details

№
records		 the date Job application information,
transfer to another permanent
work, qualifications, dismissal
(indicating the reasons and a link to the article, clause 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
Open joint-stock company "Production company" Master "" (JSC "Production company" Master "")
7 13 01 2009 Hired for the position of equipment adjuster Order dated 09/13/2019
No. 2-k
8 28 05 2013

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

Leader
hR department______________
E.E. Gromova

Worker______________

 Order dated May 28, 2013 No. 102-k
Closed joint stock company
"Alpha" (CJSC "Alpha")
9 29 05 2013 He was hired for the position of a production equipment adjuster from 31.08.2011. From 08/31/2011 to 05/28/2013 carried out a labor function as a part-time job Order of May 29, 2013 No. 103-k, order of August 31, 2011 No. 15-K / P-S

Alexander Sorokin answers,

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

“CCP should be used only in cases where the seller provides the buyer, including his employees, with a deferral or installment plan to pay for their goods, works, services. These cases, according to the Federal Tax Service, relate to the provision and repayment of loans to pay for goods, works, services. If the organization issues a cash loan, receives a return of such a loan, or receives and returns a loan itself, do not use the cashier. When exactly you need to break a check, see

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

Legislation

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

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

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

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

Features of transfer initiated by the employer

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

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

For clarity, consider a detailed example:

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

How is the transfer to work done: step by step instructions

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

  1. Request the written consent of the employee if he is not the initiator. You will also need a letter of inquiry from the head of the organization where you plan to transfer.
  2. Draw up an order for transfer to another employer.
  3. Completely pay off the employee, issue him a salary certificate and work book.

Particular attention should be paid to drawing up an order. It should contain the following information:

  • FULL NAME. and the position of the employee;
  • where the employee is transferred;
  • date of dismissal;
  • reason: 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 of part 1 of art. 77 of the Labor Code of the Russian Federation;
  • the date of drawing up the order, the signature of the head and subordinate, transferring to another organization.

The letter of inquiry includes a request to transfer an employee to a specific company with an indication of the exact date, data of the manager, the name of the organization at the current place of employment.

Features of the transfer for a new manager

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

  • Employment cannot be denied within one month after a written invitation to work (Article 64 of the Labor Code of the Russian Federation).
  • Hiring is carried out only with the consent of the previous employer and is drawn up in accordance with the general procedure6 a regular order is issued, the work book is filled in, the employee is issued a job description for review.
  • It is not allowed to establish a probationary period for persons invited to work through a transfer (Article 70 of the Labor Code of the Russian Federation).
  • Even if an employee has passed a medical examination from a previous employer, if necessary, he must also undergo it from a new one, incl. and in the presence of a valid medical certificate of professional suitability.

"All citizens who are employed in positions with difficult, harmful or dangerous working conditions, as well as in positions in public catering establishments, must undergo a medical examination," says an expert and head of the department of labor law of the State University - Higher School of 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, upon dismissal of an employee in connection with transfer to another company, the former employer must act as follows if the subordinate has unused vacation:

  • Pay monetary compensation.
  • Grant leave with subsequent dismissal, if the terms of the transfer agreement permit.

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 listed in the previous organization and cannot be accepted into another.

How to fill out a work book when translating?

The work book is issued as follows, according to the columns:

First column The second Third - "Job Information" Fourth
The ordinal number of the record is put The columns of the date of dismissal are filled in, indicating the date, month and year.

The date of employment is entered by the next director.

 The reason for the dismissal is indicated - a transfer at the initiative of the employee to another employer, the basis is 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 is indicated on the basis of which an entry is made in the labor - order, date of its execution and number

The most common mistakes

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

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

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

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

Frequently asked questions rating

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

Yes, this is necessary in order for the current employer to carry out the termination procedure on time.

Question number 2.What if the employer refuses to fire an employee through transfer?

According to the law, the manager has every right to refuse to transfer an employee, but he can resign at his own request. In this case, he will have to work for 2 weeks, and only after that it will be possible 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 responsibilities 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, it is the simultaneous implementation 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 translation is carried out on the initiative of the employee himself or his manager.

  • The employee can, but also. At the same time, before signing an employment contract with a new enterprise, it is required to resign from 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 previous managers.
  • All three parties, the heads of the two enterprises and the employee himself, sign a tripartite agreement, and if this is impossible, letters are exchanged between the two employers.

At the initiative of the employee

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

An invitation letter is drawn up in a free form, there are no uniform requirements for its preparation. If the employee receives such a letter, then the first thing he must 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 the 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 an employee if the following situations arise:

  1. At the enterprise, it is planned, and the manager wants to reduce the amount of 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 requiring the obligatory transfer of an employee, for example, accidents and disasters.
  4. A new branch or subsidiary is being opened and part of the staff needs to be transferred there.

It is 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 receiving enterprise and the written consent of the employee.
  • If the employer receives a letter with a request for a transfer or he decides to transfer an employee to a new place, then now it is he who must secure the consent of the specific employee specified in the letter.
  • Usually, two managers agree and draw up a written agreement that must be handed over 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

The employee's consent can be obtained in the following ways:

  1. By writing them a transfer application.
  2. By writing the word "Agree" and your signature on the letter provided to him.

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

Having considered 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 the new organization. In the orders for dismissal and hiring, as well as in the work book, notes are made that the employee leaves and is hired to 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 paragraph 5 of part one of article 1. 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 employee's request. If it was the employers' initiative, then the transfer is considered made with the consent of the employee.
Dismissal of an employee from a previous employer is carried out in accordance with the general procedure established by Art. 84.1 of the Labor Code of the Russian Federation. Termination of an employment contract is formalized by an order (decree) of the employer (form N T-8). On the day of termination of the employment contract, the employer is obliged to issue the employee with a work book with a record of dismissal and make a settlement with him, including paying compensation for all unused vacations (part one of Article 127, Article 140 of the Labor Code of the Russian Federation).
The new employer generally recruits an employee. 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 drawn up (form N T-1). This order indicates that the employee was hired by way of transfer from another organization with an indication of its name (see Instructions on the use and filling out of forms of primary accounting documentation for labor accounting and remuneration, approved by Resolution of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1).
In the employee's work book, in column 3 of the section "Information about work" in the organization from which he leaves, an entry is made of the following type "Fired by transfer at the request of the employee (or" with the consent of the employee "- depending on the order in which translation) to a limited liability company "Vintik and Shpuntik", clause five of the first part 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 resolution of the Ministry of Labor of the Russian Federation of 10.10.2003 N 69).
In the organization that accepts the employee for work, after the name of the organization in column 3, a record is made on the acceptance or appointment to the structural unit of the organization with an indication of its specific name (if the condition of work in a specific 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 is accepted (appointed) in the order of transfer (clause 3.1, clause 6.1 of the Instructions for filling out work books).

Prepared by:
Expert of the Legal Consulting Service GARANT
Oleg Soloviev

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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