The Labor Code of the Russian Federation provides for the procedure for dismissing an employee by transferring to a third-party organization. There can be many reasons for this dismissal. The procedure itself is quite simple, but has a number of important features.
What should the dismissed employee know? What are the pros and cons of transferring to another organization?
Peculiarities
The procedure for calculating employees of organizations upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure Transfer is carried out in the presence of a written invitation from a third-party organization. As Article 72 says, it is possible only on the basis of a written application from the employee. After that, an appropriate order is issued.
Justification of the reasons for the transfer
According to current legislation, upon dismissal, employees are not required to report the reason why they intend to transfer to another employer. Therefore, the application must indicate that the employee is leaving due to the transfer. And if there is an invitation from a third-party organization, you must indicate that the employee confirms his consent to the transfer.
In the order, the management of the organization must indicate the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.
Transfer order
Dismissal in the order of transfer to another employer begins with the writing of an application by the employee. According to paragraph 1 of Article 84 of the Labor Code, after the application, an order is issued in the T-8 form, which is approved by the State Statistics Committee. Documents are usually prepared in the personnel department. After publication, the order is submitted for signing to the director of the organization. Without fail, the employer informs the dismissed person about the issuance of the order. After signing this document, in the absence of comments to it, they begin to fill out the work book. All the necessary data is entered into the employee's personal card. After that, in the accounting department they produce and issue certificates of 2-NDFL and on deductions to the Pension Fund of the Russian Federation and the FSS. Day of dismissal - the date indicated in the order.
Dismissal by transfer: statement
The application must include the following information:
- Full name of the employee;
- the name of this document and its essence;
- The current date;
- employee's signature.
After the application is signed by the director of the organization, it is filed in the employee's personal file.
Order
Dismissal in connection with the transfer cannot be carried out without an order. It must contain:
- full name of the company;
- title;
- publication date;
- description of the method of termination of labor relations;
- Full name of the dismissed person, his position, number according to the timesheet;
- links to documents confirming the legitimacy of the dismissal;
- CEO's signature;
- company stamp.
At the end of the order, there should be a column called “I am familiar with the order”, where the employee confirms the notice of dismissal with his signature. Information is entered into the employee's personal card on the basis of this document, and a copy of the order and a receipt stating that the company has no material claims against the employee are also attached to it. The order must also be numbered.
Record in the labor: dismissal by transfer
The work book is drawn up in accordance with the requirements of the Labor Code. The entry to be made must contain a reference to Article 84.1. The reason for dismissal, the date of publication and the number of the corresponding order must also be written. The entry made must be certified by the signature of the general director of the enterprise or the person responsible for labor documentation. After the book is filled out, the seal of the organization is put. But when applying for a new position, a note is made about acceptance to the position in connection with the transfer.
Are compensations provided?
Dismissal in the order of transfer to another employer involves full calculation with the former. And this means that workers are entitled to compensation:
- for hours worked;
- for unused holidays.
In accordance with Article 84 of the Labor Code, the date of calculation is considered to be the day of dismissal. However, if at that moment the employee was absent from work, the calculations are not made. late afternoon, which follows from the moment the application for payments is submitted. If the employee quits at the moment when he is on sick leave, the employer is obliged to pay for this vacation.
In case of late payment of all compensation to the former employee, the employer must by law pay interest on the unpaid amount. Even if there are no funds in the organization, this is not a reason for violating the terms of payments. Otherwise, the dismissed employee has the right to apply to the court.
Working off
According to the Labor Code of the Russian Federation, when transferring to a third-party organization, the former employer has the right to require the dismissed employee to work for 2 weeks from the date of writing the application. In fact, this is not a working off, since the employee notifies the employer of the dismissal exactly 14 days in advance. This period is necessary to find another employee for a vacant position. However, in agreement with the superiors, the employee may quit earlier.
What about vacation?
As mentioned above, dismissed employees are paid compensation for unused vacation days. However, the law does not provide for its preservation during translation. This rule applies in general cases. Thus, the employee will be able to use the leave at the new enterprise only after 6 months of work (Article 122). The transfer can also be carried out with the preservation of vacation under the following circumstances:
- maternity leave;
- the dismissed person is a minor;
- the dismissed person adopted a child under 3 months old.
Consequences for the worker
Dismissal in the order of transfer to another employer has some advantages, which include:
- guaranteed employment;
- no need to pass
In accordance with the requirements of Article 64, an agreement is concluded with the new organization. In this regard, the employee should apply to a new enterprise for the purpose of conclusion no later than 1 month from the date of settlement. If a person refuses to conclude a new agreement, he faces administrative liability.
To significant shortcomings include non-preservation of previous earnings. After all, a third-party organization is in no way connected with the former one. In addition, the law does not provide for transfer without dismissal.
Consequences for the employer
In essence, this procedure does not negative consequences for the organization. This method of terminating an employment agreement is not much different from the familiar standard dismissal procedure. As a disadvantage, however, one can single out the need to find another employee, especially when the dismissed person is a qualified specialist.
Nuances
Now let's dwell on special cases of dismissal during the transfer.
If a woman is dismissed while on maternity or parental leave, the procedure can only be carried out with her consent or on her initiative.
Establishes the impossibility of transferring young specialists to third-party organizations for positions that are in no way related to the specialization received. An employee can lose this status only because of his actions, and this is fraught with the loss of the due benefits and compensations. But the loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.
Dismissal in the order of transfer to another employer is a simple and intuitive process. The basis for its registration is the application of the employee. After that, an order is issued and signed by the head. The employee is required to be notified. After that, the final settlement is made in the accounting department of the enterprise: the employee is paid all the due compensation for vacation and days worked. If payments are not made on time, the employee has the right to sue the organization. The process is essentially no different from a regular dismissal. However, employers make an appropriate entry in the work book. For the employer, dismissal does not have any negative consequences. But for the employee, this threatens to reduce the amount of earnings and loss of time.
Dismissal by transfer method - as comfortable as possible for an employee to change jobs. This method of transfer allows you to qualify for additional bonuses in a new place, compared to the usual dismissal and admission to another organization.
If we are talking about the host employer, then for him the consequences of such a decision are only that when he invited the employee, he will not be able to refuse it, the rest is a feature for the organization only in documenting the employee for work.
Transfer dismissal - termination of an employment contract employee with one employer and its immediate signing with another. For example, an employee, working at a permanent workplace, receives a better job offer in another organization.
In this situation, he can issue transfer from one organization to another. By and large, a worker leaves one organization and settles in another.
Dismissal by the method of transition to a new employer is external and internal.
Internal transfer- a transition within the enterprise, this is a situation where the employer is the same, only the position of the employee, the location of his workplace, etc. changes. This transfer is divided into permanent and temporary.
External transfer- transfer to another organization, it happens when an employee leaves one organization for another, provided that his employment in the new organization will be on a permanent basis.
In all of the above cases, the main an agreement with an employee.
It happens several types of dismissal of translation workers, their types depend on who is the initiator.
The employee himself found an enterprise in which he wants to work.
If the management of the new organization agrees to hire him, then they must send an invitation letter to his former place (addressed to the director of the company), which will confirm that they are ready to take the employee to themselves.
Such notification is sent by mail or personally to the current director of the company. If the manager agrees, then the employee writes a letter of resignation in the order of transfer, on the basis of which a dismissal order is issued, an entry is made in the work book, personal card and the employee is calculated. Prepared and received by an employee (labor and 2-personal income tax certificate for 2 years).
With this package of documents, the employee is sent to the next workplace.
The initiator is the director of the organization.
Sometimes a business needs urgently reduce the number of employees. Then the employer has the right to find a new place for the employee. Directors of organizations discuss all the details and request written consent from the employee. After that, a tripartite agreement is signed, indicating the position, salary, etc.
After that, the usual transition procedure takes place.
Regulations
The process of dismissal-transition is regulated by regulatory legal acts: clause 7 of Art. 77 of the Labor Code of the Russian Federation. This type of termination of the employment agreement is more difficult than the usual dismissal of one's own free will, and has more nuances. Therefore, it is extremely important to carefully approach the registration of documentation.
Internal transfer is regulated by Part 3 of Art. 72.1 of the Labor Code of the Russian Federation.
Features of the procedure and algorithm of actions
The terms of the transfer depend on which party is the initiator. For registration, such the documents:
- statement from the employee;
- letter of invitation from a new employer;
- a written agreement between the new and old employer (if the procedure is initiated by the employer).
The documents indicate the name of the new company, position, job responsibilities, division, salary and working conditions.
If the employee refuses to transfer, the employer has the right to dismiss him. In case of consent, then you need to draw up an application, and give written consent to the transition. Followed by standard process layoffs.
Within the same organization
When the transition is made within the organization, the employee must give approval for this procedure.. Next, the organization issues a transfer order.
Important! Definitely need extra. an agreement between an employee and an employer.
The transition within the same company is not as straightforward as it seems. The fact is that this is legal, but in case of bad intent, as a result of such actions, the employee may be out of work. And it will be impossible to challenge it even in court.
To another company
Before dismissal of an employee by a transfer to a new employer, the manager must have grounds for this. If there is an invitation from the management of the new company, the current management may dismiss the translation employee.
When an employee has a desire to leave by transfer to another organization, and the current manager does not agree, then he can only leave by own will.
Important! When a dismissal occurs due to a transfer, the new organization must accept to employ the employee, or he will have the right to go to court.
The former manager may oblige the employee to work 2 weeks.
How to properly transfer an employee? Find the answer in this video.
How to write a letter
Usually this letter is sent due to prior oral agreement between the leadership of organizations. It contains:
- the name of another company;
- the next position of the employee (registered salary, working hours, etc.);
- Full name of the employee;
- date from which the employee is hired.
A letter of resignation by transfer, like any similar document, must have a date of termination of employment.
- request for termination labor agreements translation;
- the name of the employer;
- details of the letter of invitation.
Order, work book, personal card
An order to terminate an employment relationship with a further transfer to another employer is drawn up in the form T-8 or T-8a, with the obligatory indication of the reason (transfer to another employer) and a reference to paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation.
On the day of dismissal, the employee must familiarize himself with the order under the signature.
Upon dismissal with a further transfer, you need to register for an employee note-calculation, which will contain information about all payments that are due to him.
AT work book the item is written by analogy with the order. The number of the dismissal order, the name of the new employer, the date are indicated.
When making a dismissal, it is necessary to make a record of this in sectionXI employee's personal card. It is also necessary for the employee to sign a personal card.
Payments and compensation
Upon transition, the employee is entitled to regular set of payouts, the composition of which depends on the situation:
- Compensation must be paid for unused vacation if the employee has one.
- Severance pay is not allowed, since dismissal occurs upon transfer to another organization.
Litigation and possible disputes
Most of the violations are caused by a difference between the employer's intentions and reality or violations of the employee's consent to the transfer.
For example, the employer obliged the employees to write letters of resignation by transferring them to another enterprise, justifying this by the fact that the company had a reduction and the only option was to transfer. In reality, the new employer does not hire everyone.
As a result, the court established illegally dismissed employees, recognizing the dismissal as illegal.
Legal consequences in case of illegal dismissal
The legislation provides for the liability of the employer for the period of delay (through his fault) in the issuance of documents. The court appoints a person who is guilty of illegal dismissal or transfer of an employee, penalties that were incurred by the organization in connection with the payment of absenteeism or unpaid labor by the employee.
Employee Benefits:
- There is no probationary period at the new workplace
- Employment in the period of one month.
Disadvantage for the worker:
- Leave is not saved.
Management Benefits:
- With a reduction, it is necessary not to dismiss employees, but to transfer them.
Disadvantages for management:
- Loosing employees.
- The need to find new employees.
Nuances for some categories of workers
If a woman who is on leave for BiR or child care is dismissed, this can be done with the consent or at her initiative. In addition, labor law ban to transfer young workers to other enterprises for positions that are not related to their specialization.
Dismissal with the transition to a new employer has pros and cons both for the employee and the employer. The process itself is simple, but there are a lot of subtleties for its design, because very important consider this carefully.
Transfer to another employer is quite rare, few people want to voluntarily let go of a good employee. Most often, dismissal during transfer occurs between companies with the same founders. For example, after three years they closed one company and opened a new one with the same activities, completely leaving the working team.
Features of dismissal in the order of transfer
Dismissal in the order of transfer can be carried out by the decision of the employee. The employee himself decides to transfer to another place of work upon a written invitation. The authorities may refuse to transfer. If an agreement cannot be reached, you will have to leave of your own free will.
An offer to quit as a transfer may also come from the current employer, for example, a layoff is coming and in this way they are trying to attach an employee. Or the owner of the organization closes the company and opens a new one, retaining the old team. The nuance of such a "reduction" is such that you do not have to spend money on additional payments provided for by law. In such a situation, the mandatory written consent of the employee is required; without it, the transfer is illegal.
Dismissal by transfer in the Labor Code of the Russian Federation is indicated in Article 77. Beyond features documentation, all other calculations and the procedure for issuing documents are the same as for dismissal at the initiative of the employee. After receiving the work book, the employee must conclude labor contract within a month with the inviting party.
It may happen that the employer changed his mind about registering the invited employee when he had already quit. In this case, legally, you can sue the employer in court. An invitation letter must be attached to the claim.
It is not necessary to agree to the offer, the employee may well refuse. In this case, the pressure of the authorities will be illegal.
The employer has the full right to refuse to transfer the employee to another organization
Algorithm of actions upon dismissal in the order of transfer
So, the first step in formalizing the dismissal in the order of transfer is the preparation of an invitation letter from a new employer.
Usually, a job invitation letter is sent after a verbal agreement between the employee and the new employer. The letter must contain:
- name of the organization, legal address and other details;
- Full name of the employee who received the invitation;
- an indication of the position, preferably with the main clauses of the contract, and other briefly stated conditions;
- the date from which the employer is ready to register a new employee.
Sample letter of invitation to an employee
In response, the authorities send a response letter for translation with their consent, but it is not mandatory. You can write your consent on the letterhead itself.
Response letter of consent to the transfer of an employee to another organization by invitation
The next step is to write a letter of resignation. In the application, it is necessary to indicate the organization where the person is leaving, and the date of termination of the employment contract. The text must also refer to the invitation sent and attach a copy of the document.
Sample letter of resignation in order of translation
The question arises, is it necessary to work out 2 weeks? The legislation itself does not contain the term “development”, but the employee is obliged to notify the employer 14 days before dismissal. This is necessary in order to have time to find an applicant for a vacant position. At the same time, by agreement of the parties, you can quit much earlier.
When dismissal by transfer is proposed by the manager, a notice is drawn up with an invitation, to which the employee agrees or refuses. The answer to the transfer can be issued directly on the notification sheet. The notification must contain the same information as the letter of invitation.
Sample letter of invitation to work in another organization
If the employee refuses, then the employer does not have the right to dismiss on his own initiative or force him to write a statement of his own free will. This is illegal, and you can write a complaint to the labor inspectorate.
The third step is the issuance of a dismissal order in the order of transfer and familiarization of the employee with it.
The dismissal of an employee is formalized by order of a standardized form No. T-8, No. T-8a. The order indicates the data of the organization, the name of the employee and the position held, the basis indicates the reason for the dismissal, namely the transfer to another employer, and a link to the employee's application and an invitation letter or notification. The order is signed by the head and certified by a seal.
Sample order for the dismissal of an employee in the order of transfer
The employee is required to sign the order that he is familiarized. If it is impossible to bring to the attention of the dismissed person or he refuses to sign, then a corresponding entry is made in the order itself.
The fourth step is making an entry in the work book and issuing it to the employee.
On the last working day, a work book is filled out. In the third column, an entry is made: “Dismissed in connection with the transfer to (indication of the organization where the employee left) at the request of the employee, paragraph 5 of Article 77 of the Labor Code of the Russian Federation.”
If the initiative came from the employer, then instead of “at the request”, “by consent” is indicated. The issuance of a work book is carried out in a general manner.
The last step is to make settlements with the employee for the days worked and for unused vacation.
The final settlement in the accounting department is the same as for dismissal at the initiative of the employee. Namely:
- the period worked is paid;
- unspent leave is compensated.
No additional payments, such as severance pay, are provided, unless otherwise specified in the employment contract. If the employee was on sick leave at the time of dismissal, the employer also pays a sick leave.
If the employer delays payment Money, then penalties are provided for each day of delay.
Advantages and disadvantages of dismissal in the order of transfer
Among the advantages are guaranteed employment and the absence of a three-month trial period. The employer also saves on severance pay if the employee was laid off.
Of the shortcomings - the inability to withdraw your application back. If the employee changed his mind about leaving, then this issue will have to be resolved with the manager in a private conversation. If the employer refuses, then you have to quit.
It is important to note that in a new place, the months worked per year are not counted for vacation. The employee must have worked for at least six months. An exception is granted to those who go on maternity leave, minors and employees who have adopted a baby under three months old.
Dismissal by transfer has a number of advantages over dismissal of one's own free will
The nuances of the transfer of certain categories of workers: maternity leave, young professionals, workers on probation
The basic procedure for dismissal in the order of transfer is the same as for all categories of employees, including those who are on probationary period. But there are some negative nuances for young professionals and women on maternity leave or caring for a small child.
For "maternity leave" such dismissal often occurs during the liquidation of the organization. Behind her is preserved workplace, but the amount of the benefit will correspond to the minimum, since there were no payroll at the new place of "work". The loss in money is not compensated by employers. On the other hand, with a reduction, the allowance will have to be issued from the state directly through the authorities social protection and the payout will be the same. If the woman agrees, then the dismissal by transfer is processed in the same way as for an ordinary employee.
For young specialists, the transition is possible if the same position or a slightly different one is promised, but fully corresponding to the received specialty. At the same time, the status itself may be lost. young specialist, which leads to the loss of the attached bonuses from the state. The status is retained only if the transfer was made for medical reasons related to health, or ignoring the obligations assumed by the current employer.
Video: dismissal in order of transfer
Is it always worth agreeing to a translation? It is important here to understand the reason for the proposed dismissal. If the employee is a sought-after specialist and receives an invitation to work for more favorable conditions, then this can contribute to career growth and well-being. If it is proposed to move to another organization by the whole team with the same founders, then in fact there will be no changes in the existing conditions. Opening a new organization every 3 years is a common practice that makes it possible to enjoy tax benefits. Transfer to another employer due to downsizing or liquidation of the organization is not always good offer. On the one hand, the workplace is saved. On the other hand, this is a new team with which relations may not work out, another organization may have an inconvenient location, for example, to travel far, and for many other reasons. Sometimes it is more profitable to receive a severance pay due to a reduction and look for new job independently, not necessarily in the same position.
Dismissal due to transfer to another employer is regulated by clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation. Its feature is a binding agreement between all parties involved in the process: the new and former employers and the employee. In terms personnel documents information is necessarily specified on how exactly the transfer is carried out through dismissal: at the request of the employee or with his consent. In the event of a negative decision, the subordinate retains the right to terminate the employment contract at his own request.
If the initiator is another organization
If a new employer applies for a transfer, he sends a request to the organization where the employee of interest works to consider such a possibility. The letter usually contains the following information:
- surname, name, patronymic and position of the specialist invited to work;
- the date of the proposed employment;
- vacancy for which the subordinate is invited.
The employer organization, having considered the letter, must give an answer on consent or refusal, as evidenced by the visa of the head. Also, this request is signed by the employee on agreement (or disagreement) with the proposed position.
If the decision is positive, the employer sends a response letter to the initiating party, which confirms the consent of his own and the employee. With this option for resolving the issue, an application from the employee is usually not required, but it is better if it is.
If the employee is the initiator
The solution to the problem of transferring a specialist is not always given to organizations painlessly and without conflicts. Especially when it comes to high-class professionals. Therefore, employees themselves often deal with the settlement of all issues.
AT this case the subordinate personally writes a letter of resignation, to which he attaches an invitation to work. Having considered the request, the head endorses his decision.
Application for resignation in the order of translation, sample
Making an order
The procedure proceeds as usual. The main thing is to correctly issue, issue Required documents and make a timely payment with him.
When drawing up a dismissal order (clause 5, part 1, article 77 of the Labor Code of the Russian Federation), we must indicate exactly how the process is formalized: with the consent of the subordinate or at his request. At the base, you must refer either to a letter of inquiry, indicating the date and outgoing document number, or to an employee's statement, as well as a job offer.
Registration of a work book
The work book contains an entry on the termination of labor relations, a link to the relevant article of the Labor Code of the Russian Federation and the name of the organization to which the employee is transferred. It also specifies on whose initiative the transfer is carried out.
The receiving party enters the name of the organization, and then, under the new serial number, makes an entry about the reception of the employee.
Terms and guarantees
The host party needs to know that dismissal by transfer to another organization has its own legal consequences and gives guarantees to the employee:
- If an employee is fired upon transfer to another organization, the new employer loses the right to refuse to hire such an employee and, conversely, becomes obliged to accept him within a month from the date of dismissal (Article 64 of the Labor Code of the Russian Federation).
- If the employee is accepted in the order of transfer, then such an employee is not tested (part 4 of article 70 of the Labor Code of the Russian Federation), since it is believed that the invited specialist is highly qualified and meets the requirements for his position.
The transfer of an employee with the execution of a dismissal is a situation that occurs infrequently, so sometimes it leads to a dead end for both the employee himself and the employee of the personnel department. Let's take a closer look at the situation and try to take into account all the details.
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Types of translation in labor law
The most important task when transferring an employee is correct design documents. One of the following documents will be required first:
- A written request from an employee to transfer him to another organization (in the event that he independently found a new position more suitable for him in another company).
- Written consent of the employee to the transfer (if the employer himself dismisses him for the transfer).
The basis should be precisely the statement written by the employee himself. In this regard, it is immediately worth noting that dismissal for the purpose of transfer can be both internal and external. An internal transfer is a re-registration within one large organization, for example, from one division (branch) to another.
An external transfer is the dismissal of an employee from one legal entity for the purpose of his employment in another. The second type is absolutely excluded without the written consent of the employee. Article 72.2 of the Labor Code of the Russian Federation lists all situations in which an internal transfer can be carried out without his permission.
The application of the employee is drawn up in such a way that it must contain:
- date of dismissal;
- the position for which the employee will be hired;
- the name of the organization to which the employee is transferred;
- the nature of the work (you must specify "permanent");
- expected date of entry into office.
The application is made in the name of the head of the organization.
The initiative to transfer to another employer. Agreements. Guarantees
Very often, a person, having found a more suitable position in another organization, quits, works out the weeks required by law, and only then brings in new company. At the same time, this person will not receive any guarantees in accordance with the Labor Code of the Russian Federation. His place in the new company can simply be taken while he is busy working out and processing documents.
Guarantees for such an employee can only be provided if the dismissal is made for the purpose of transfer in accordance with all the rules provided for in the legislation.
Consider all alternative versions possible in such a situation:
- Version one. The future management sends a letter to the organization where the person works, with a request to dismiss him from his position in the order of transfer. The letter is issued on official letterhead on behalf of the head of the company. It will serve as a kind of guarantee. If the new management refuses these obligations, this will entail administrative liability for violation of the law Russian Federation as well as fines. Responsibility is determined depending on who violated the code (legal entity, official or private entrepreneur).
- Version two. If there is no letter of invitation, this guide can also help a person complete one by requesting it. Such cases are not uncommon. For example, in case of forced reduction, organization "A" agrees with organization "B" to accept part of the employees for vacant positions.
- Version three. Tripartite agreement between all parties. This is the most the best option, but the least common in practice.
The advantage of the agreements is that in this case the employee can claim, in accordance with the Labor Code of the Russian Federation (Article 169), even for relocation compensation if the new organization is located in another city. The agreement can prescribe any conditions, as long as they do not contradict the current legislation.
When and under what conditions is the transition to another employer in the order of transfer
The main condition for the transfer is the interest of the employee himself. He also has the right to ask for leave until the moment of dismissal. From here there can be two solutions (both of them are legitimate):
- Provide vacation. In this option, the day of dismissal will coincide with the last day of vacation.
- Refuse to provide it. Upon dismissal, you will need to pay compensation.
When you need a letter from a future job
To summarize: if guarantees are important to a person that a place is assigned to him, then a letter must be received. An employer interested in qualified personnel will certainly provide all guarantees to the one who arranged it in all respects. Such paper is also very important for the management that draws up the dismissal: during any check, the papers will be in perfect order.
The letter is attached to the application or sent directly to the head.
Documents to be issued upon dismissal
Upon dismissal, in the order of transfer, the following documents are drawn up:
- Official letter from the organization accepting for employment.
- Employee statement. Management must sign it.
- Dismissal order (unified form T-8).
- Employment history.
There is nothing complicated, do not forget to indicate the exact reason for dismissal.
The procedure for dismissing an employee in the order of transfer (step by step instructions)
Having collected the grounds for dismissal, the personnel department employee begins to draw up the procedure:
- First, draws up an order in the T-8 form, indicating the correct reason and the name of the article Labor Code(Art. 77 para. 5 part 1). The supporting documents must be listed. The employee reads the document and signs it.
- Secondly, the personnel officer fills out a personal card. In section XI, you must correctly fill in all the columns. After giving it to the employee for signature along with the order.
- Thirdly, an entry is made in the work book (according to the Instruction approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69). There should be no shortcuts!
- Fourthly, the calculation of funds is carried out, the payment is made, including payments for, which is described in detail above.
At parting, you should give the employee a certificate of wages for the last two years and a work book. From now on labor Relations officially discontinued.
What to do if the employer refuses to hire
Unfortunately, sometimes this happens. The former leadership fulfilled all obligations, and the new one went into denial. In this case, the employee can sue.
In the event that the dismissal by transfer was properly executed, the court will rule in favor of the plaintiff. A previously executed agreement or a letter of invitation from the company will play a huge role (it is better to make a copy of it even before dismissal).
If the defendant loses the case, he will be obliged to accept the plaintiff into service. In addition, he faces a fine. For legal entities its size today is from 30,000 to 50,000 rubles. They can also suspend activities for up to 90 days, and this is already serious. For a repeated violation, activity is suspended for a period of one to three years.
All large and self-respecting organizations are fighting for real specialists, offering Better conditions, career opportunities and other perks. When a better offer is received, there is no need for a standard dismissal procedure. The transfer to a new company is not complicated in any way, but it is backed up by guarantees of maintaining the place.
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