Dismissal by transfer to another employer. Judicial practice and possible disputes. Step #4 Settlements and payments

Dismissal in the order of transfer - entry in the labor is done when an employee transfers to another employer. When transferring within one enterprise, dismissal is not carried out. Later in the article, the general order, nuances and samples of filling out labor in connection with the termination of labor relations for the specified reason.

How the legislator regulates the situation of transferring a worker to another organization

When entering into labor information about dismissal due to transfer to another organization You need to rely on the following normative sources:

The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) is a legislative act, the wording of which is used when filling out a book, especially when it comes to dismissal (clause 14, section II of the Decree of the Government of the Russian Federation “On work books” dated April 16, 2003 No. 225).
Decree of the Government of the Russian Federation of April 16, 2003 No. 225 “On work books” (hereinafter referred to as Decree No. 225) does not contain any special rules on the issue under consideration. But all instructions on how to proceed with the work book upon dismissal also apply to the termination of relations by transferring an employee.
The Instruction, approved by the Decree of the Ministry of Labor of Russia “On approval of the Instruction ...” dated 10.10.2003 No. 69 (hereinafter referred to as the Instruction), describes how to act in a situation where an employee is fired by a transfer (Section 6).

However, the legislation describes, as a rule, standard cases. Therefore, in the event of extraordinary circumstances, the personnel worker acts:

Similarly;
based on your experience;
in accordance with established practice in the field of personnel.

The employee was fired by transfer: general rules for registration

As mentioned earlier, the transfer of an employee can be carried out either within the organization or to another employer. Only when moving to another enterprise is a record of dismissal from the previous one made.

The transfer can be made at the initiative of the citizen himself or at the initiative of the employer, but with the consent of the employee. By virtue of clause 6.1 of the Instruction, it is necessary to make a reservation in the labor manual about the order in which the transition is carried out.

Among personnel specialists, there is no consensus on how to draw up a record of dismissal: “Dismissed for such and such reasons” or “The employment contract was terminated for such and such reasons.” Pension Fund allows both formulations, however, in the Instructions, all examples begin with the phrase: "Dismissed for such and such reasons." So both options can be used.

Also, do not forget that in the labor it is forbidden to correct something, cross out. All data are given in full without any abbreviations. It is important to note that the Instruction does not oblige to indicate the part number of the article. However, she is by-law, and you still need to be guided by the Labor Code of the Russian Federation. And part 5 of Art. 84.1 of the Labor Code of the Russian Federation prescribes to make full information: item, part and article for which the dismissal occurs.

After entering the information about the dismissal, the next block of the work book ends. A block is all records from the same employer. Below we will tell you how to close it.

Filling out a workbook

Download the entry form

Information about dismissal by transfer is entered in work book in the following way:

Column 1 indicates the record number.
Column 2 contains the date of dismissal of a citizen in the format: day and month - 2-digit numbers, year - 4-digit.
In column 3, the main information about the dismissal is signed, namely: on what basis the employment relationship is terminated and on whose initiative the transfer is carried out.

The current legislation does not specify whether the name of the organization where the employee is transferred should be entered. Only paragraph 6.2 of the Instructions stipulates that upon transfer to an elective position, the name of the new employer is indicated. However, if we take into account that the transfer procedure itself implies the obligatory informing of the current employer about the new enterprise, then it seems that it is better to write the name.

But information about the position to which the citizen is being transferred should not be given. Otherwise, problems with the device may arise in the new organization, if suddenly the employee and the new management decide to conclude an agreement for a different specialty than was expected in advance.

Column 4 contains the details of the document on the basis of which the entry is made.
After filling in all the columns, as mentioned above, the block is closed. It is completed with the signature of the specialist responsible for maintaining the books, the seal of the enterprise and the signature of the employee.

Below, the reader will be able to familiarize himself with samples of an entry in the labor record on dismissal on the transfer at the initiative of the employee:

				Information about hiring, transfer to another permanent job, qualifications, dismissals (indicating the reasons and referring to the article, paragraph of the law)		Name, date and number of the document on the basis of which the entry was made


				Dismissed in connection with the transfer at the request		Order from
				workerto a limited society		08/30/2016 No. 7
				responsibility of Everest
				(Everest LLC), paragraph 5 of part 1
				article 77 of the Labor Code
				Russian Federation
				Human resources department inspector
				Mamonova N. G.
				Acquainted by: Yu. A. Vorobieva

and at the initiative of the employer:


				Dismissed due to consent transfer	Order dated 30.08.2016
				workerto partnership	No. 10
				homeowners "Egersheld"
				(HOA "Egersheld"), point 5 of the part
				the first article 77 of the Labor Code
				Russian Federation
				Personnel Department Inspector Kushner L. Ya.
				Acquainted by: Yumasheva D.S.

Note that the wording: “Fired due to transfer…” is more correct than “Fired due to transfer…” or “Fired due to transfer…”. In accordance with paragraph 14 of Resolution No. 225, the reason, and not the method of dismissal, is indicated in the work book.

Special cases of transfer of workers

In the post-Soviet space, the transfer of an employee as a personnel procedure is rarely used. This method of dismissal is resorted to, as a rule, by private owners of companies when organizing new firms, if the old one is too troublesome or costly to liquidate. Then the workers are transferred to a new organization. At the same time, data is entered into the labor force according to the samples that we cited above.

Another option is when the enterprise is reorganized. Here, too, all the personnel are transferred to the established company, but not through dismissal, but by ordinary transfer. However, many people responsible for personnel records management make the mistake of dismissing employees of the old enterprise by transferring them to a new one.

So, in accordance with part 5 of Art. 75 of the Labor Code of the Russian Federation, any reorganization is not a reason for terminating employment contracts. Therefore, the only thing that should be reflected in the labor is information about how the reorganization took place and what are its results. And only if there is a change in staffing, then below you should indicate to which position the employee was transferred.


				Closed Joint Stock Company	Order dated 14.07.2016
				"Carrier" (CJSC "Carrier")	No. 3
				reorganized in transformation form
				to a limited society
				responsibility "Transit"
				(LLC "Transit")
				Promoted to Secretary	Order dated 15.07.2016
					No. 3-p

Thus, dismissal in connection with a transfer is a rare reason that has its own characteristics that affect the completion of a work book. In particular, it is imperative to indicate who is the initiator of the transfer: the employee or the employer.

The transition of a citizen from one employer to another, or a change of workplace within one company, are procedures related to the implementation of certain bureaucratic rules regulated by Art. 72.1 Labor Code(TC) RF. Let us consider in detail how the transfer is carried out through the dismissal procedure.

General concepts

Transfer of an employee to a new workplace can be external and internal. The translation option depends on where the rotation takes place labor force: within one organization or the transfer of an employee to another organization.

An internal transfer of an employee implies that a citizen changes his job in a company with his employer, that is, he moves to another structural unit or his job duties change. Such a transfer within the company can be temporary or permanent (learn more about the temporary transfer of an employee to another position). An internal transfer can be made only with the consent of the employee, with the exception of force majeure circumstances (natural and man-made disasters, the elimination of their consequences, etc.). These conditions are spelled out in article 72.2 of the Labor Code of the Russian Federation.

Note: when an employee needs to move to work in another city, but at the same time he does not change the employer (for example, the employee goes to work in a subsidiary), then such a transfer cannot be considered external. It is not formalized by dismissal. An external transfer implies a change in the employer.

An external transfer assumes that the employee terminates the employment contract with one employer and concludes it with another within 1 month. This procedure can be carried out only with the consent of the citizen.

Dismissal through transfer to another employer

The transition to another organization through the dismissal procedure can be initiated by the employee himself or by his employer (current or future). A similar form of transition, according to Art. 169 of the Labor Code of the Russian Federation provides the following benefits:

guaranteed clearance employment contract with a new employer
payment of expenses associated with moving to another area for the employee and members of his family.

When dismissed by transfer at the request of an employee, he needs to ask his future employer for a special letter of invitation to work in his organization (read how the transfer to another job occurs within the company at the initiative of the employee).

This letter must contain specific information:

surname, name, patronymic of the employee invited to work;
the position to which the employee is being transferred;
the date of the proposed transfer;
employer's signature and company details.

In addition to providing this letter, a citizen needs to write a letter of resignation with mandatory wording that would indicate that the dismissal is for the purpose of transferring to another organization. You must also indicate its full name.

Additionally

Upon dismissal of an employee, the employer is obliged to issue him a certificate confirming his salary for the last two years. This is due to a change in the rules for the payment of sick leave benefits since 2011 (by order of the Ministry of Health and Social Development of Russia No. 4n dated January 17, 2011).

The option in which the transfer procedure is initiated by the employer is slightly different in its design. Such a transfer is carried out on the basis of a formalized tripartite agreement, the parties to which are the present and future employers, as well as the employee directly.

The agreement fixes:

duties of the parties;
terms of transfer;
position, pay, working conditions of the workplace where the employee is transferred.

Algorithm of the translation procedure

After submitting the above documents to the personnel department, employees of this unit must perform a number of protocol actions. For greater clarity, we present the algorithm of the external transfer procedure through dismissal using a table.

Stages	Action to take	Required documents	Regulatory document
1	Registration of an order for dismissal with the wording “in connection with the transfer at the request of the employee” or “in connection with the transfer with the consent of the employee” in the T8 form	– Statement of a citizen (or his consent), – letter of invitation (or tripartite agreement)	p. 5, part 1, art. 77 Labor Code of the Russian Federation
2	Familiarization of the employee with the order under a personal signature	Dismissal order for transfer f. T8
3	Filling out the form T2 card: — 4 page — grounds for dismissal, - 2 page - employee's signature	Dismissal order f. T8
4	Making a record of dismissal in the work book indicating the number and date of the dismissal order, as well as the regulatory article of the Labor Code of the Russian Federation.	Dismissal order f. T8	- Instructions for filling out work books for No. 69 of 10.10.2003, - p. 5, part 1, art. 77 Labor Code of the Russian Federation
5	Carrying out a cash settlement with a dismissed employee: issuing unpaid wages and compensation for the unused vacation period (if any). The calculation is carried out on the last day of work and is made out by a note-calculation according to f. T61	Dismissal order f. T8
6	Issuance of a labor certificate to the employee and a salary certificate for a 2-year period before dismissal

Possible problems

How to fire a woman on maternity leave

There are situations (for example, the liquidation of a company) when it is necessary to transfer a woman who is on maternity leave to work in another organization. If the initiative comes from the employee herself or she agreed to the dismissal proposed by the employer by transfer, then it takes place in statutory okay.

Sometimes it happens that a potential employer changes his mind about employing an employee in his company. There is only one way out of this situation - the appeal to the courts. The employee must, in addition to the statement of claim, submit to the court a letter of invitation signed by this employer. This document is the main evidentiary argument in defense of the interests of the employee.

Another problem during dismissal with a subsequent transfer may be the disagreement of the current employer for this operation. Exit to this case one - dismissal by the standard option with the wording "According to own will". Obviously, in this case, the employee loses the benefits of transfer through dismissal.

Benefits of leaving by transfer

With this form of transition to new job The employee has a number of benefits:

guaranteed employment in a new organization within 1 month from the date of dismissal from the previous place of employment;
no probationary period at the new workplace.

More about dismissal in the order of transfer in the next video

Transfer through dismissal in one organization

When transferring to another workplace in the same organization, the employee must give his written consent to this procedure. After that, an order is issued for the organization to complete the transfer. Formation is required additional agreement to an existing employment contract between the employer and the employee.

The option of moving to another job in one organization through dismissal is not unambiguous. This option is legal, it can be implemented, but if the employer has dishonest intent, the employee may lose his job. It is then impossible to challenge this dismissal even when applying to the court, because it is executed in compliance with all necessary formalities.

Ask questions in the comments to the article and get an expert answer

In the first case, it takes place between different divisions of one company, in the second case, the employee is transferred to another organization.

The last type of translation raises the most questions and difficulties. That is why it is worth considering in more detail this procedure and the features of its implementation.

With a transfer to another organization, this is a type of dismissal in which an employee terminates an employment relationship with one company and transfers to the staff of another. At the same time, the employment contract with the former employer is terminated, and with the new one it is concluded anew. Legal regulation and the possibility of carrying out this type of dismissal are provided for in paragraph 5 of Art. 77 of the Labor Code of the Russian Federation.

The need for this type of procedure may be due to various reasons, for example:

division of one company into several between different owners;
the desire of the head of another company to lure a valuable staff;
(for example, an employer may recommend an employee to a partner company);
the employee's own desire to change jobs.

It is worth noting that this species layoffs is one of the most beneficial for the employee and has a number of advantages, namely:

he is guaranteed to get a new job;
is not installed during translation;
the employee is not required to work for two weeks;
is not interrupted.

If the initiative to dismiss comes from the employer, then the employee always has the right to refuse such an offer if the new conditions somehow do not suit him.

Conditions for the transfer of an employee

As already noted, when an employee is transferred to another company at the old place of work, he terminates the employment contract, and concludes a new one at the new one. Therefore, the conditions of its operation may also change - no guarantees regarding the preservation of the previous size or job duties employee is not provided.

Since dismissal by transfer is a completely voluntary initiative of a subordinate, before starting this procedure, he can agree on all the nuances and conditions of work with a future employer.

Often, a transition to another company occurs only in cases where the new conditions are no worse or even better than the previous ones. To obtain additional guarantees, it is worth demanding a letter of inquiry from the new employer indicating the specific position to which the transition will be made.

The advantage is the fact that in the event of dismissal by transfer, the new manager does not have the right to refuse the employee further employment.

For such a violation, he will be liable under Art. 5.27 of the Code of Administrative Offenses, which consists both in the imposition of a fine of 30 to 50 thousand rubles, and in the temporary suspension of work for up to 90 days.

As for the annual, the transferred employee, as in general cases, will have the right to receive it only after working for six months in a new place. The right to the old vacation is not carried over to new company, the employee will be able to receive it only at the previous place of work.

Mandatory working out of two weeks, as in the case of, is also not provided for. All terms (both dismissal and subsequent employment) are agreed between managers and subordinates in advance, so this issue is resolved on a voluntary basis.

Dismissal procedure

In general, the procedure for this type of dismissal is not much different from other situations, however, there are some features associated with paperwork.

It is especially similar to dismissal of one's own free will.

The difference lies only in the entry that is made in, as well as in the inability of the employee to withdraw his application after it has been submitted. This type of dismissal can be carried out in such cases:

On the personal initiative of the employee

In this case, he must apply to the employer with a letter of resignation. This document is compiled in free form, in the text it is only necessary to indicate:

reason for dismissal (i.e. transfer to another organization);
the name of the new employer.

Along with the application, the employee may also submit a written offer from the new employer. This condition is optional, but desirable for a more correct design of the procedure.

With the written consent of the employee

In this case, the initiative to transfer may also come from the employer, but he must agree on this with the employee.

This is done using written translation proposal, which is drawn up by the employer with the following data:

Company name;
location;
new position;
requirements for professional and qualification skills;
proposed salary, etc.

That is, the proposal must include all important conditions labor relations that will be established between the subordinate and his new leader. If these conditions suit the employee and he agrees to the transfer, he can confirm his decision:

directly in the offer made by the employer;
on a separate document.

This option is most beneficial for both parties, since the subordinate receives guarantees of his future working conditions, and the employer receives documentary evidence of the employee's consent to the transfer.

At the written request of the new employer

In this case, the future manager draws up and sends a request letter to the former employer, which can be drawn up in a free writing.

In some cases, it may be necessary to carry out all these actions in the following sequence:

a written request from a new employer;
obtaining consent and application from the employee.

After agreeing on all these issues, the next step for the employer is compilation. Depending on how many employees are leaving - one or more - the following form can be used:

T-8 - for one employee;
T-8a - for several people.

The application also indicates on what basis the termination of the employment contract is carried out. The employee must be familiar with this order, which is confirmed by his signature.

In addition to the order, the corresponding section of the subordinate's personal card is also filled out.

At the same time, you need to make sure that his signatures are available next to all records of internal transfers (if any).

On the last step workbook is filled out. The record that is made in this case depends on the method of carrying out the translation procedure. For example, the wording might be:

: "dismissed in connection with the transfer at his request."
In the case of an agreement between the two companies: "dismissed due to transfer with the consent of the employee."

In both cases, after that, the name of the new employer is indicated, as well as the legal basis for dismissal (that is, clause 5 of article 77 of the Labor Code of the Russian Federation).

The employer will be obliged to issue a work book on the day of dismissal, as well as to do everything with the employee necessary calculations.

Settlement with an employee and necessary payments

Another obligation that arises for the employer on the day the employee is dismissed is to carry out all settlements with him.

Their composition does not differ from the situation with dismissal of one's own free will and includes:

wages for the period worked;
compensation for vacation that was not used.

The last payment can be replaced by the vacation itself, however, its provision is entirely the initiative of the employer, he is not obliged to do this.

Concerning or other additional compensation, in this case it is not provided. Along with these payments, on the last day, the accounting department must issue a certificate to the employee on the amount of his salary for the last period, indicating the amount of accrued personal income tax and other deductions.

Obviously, when transferring to another organization, an employee receives certain advantages that distinguish this type of dismissal from others.

For the correct implementation of the procedure, participation and registration will be required. required documents from all parties of the process: the dismissed employee, as well as the current and future employer. At the same time, another employment contract is concluded at the new workplace, the terms of which may differ from the previous ones.

The possibility of dismissal in the order of transfer to another company is provided for by the labor legislation of the Russian Federation. In particular, the transfer of an employee to work in another organization is the basis for the termination of the employment contract at the previous place of work (Article 77 of the Labor Code of the Russian Federation). The procedure itself is carried out in exactly the same way as in the case of self-care, with the exception of some points:

The work book indicates other information and the article under which the dismissal is made.
An employee does not have the right to revoke a letter of resignation.
Requires a job offer from a new employer.

In general, the procedure does not present any particular difficulties, and for a leaving person, this termination option labor agreement is the most optimal, because it has a number of positive aspects.

Dismissal by transfer to another organization: pros and cons

For a leaving employee, leaving a previous job due to a transfer to a new one is characterized by large quantity advantages:

In any case, he will be employed within a month after the dismissal: this is the maximum period for the subsequent conclusion of an employment contract in this case. If the new leader refuses to accept it, penalties may be applied to him.
He doesn't have to go through probation in a new place.
If you coordinate everything with the former manager, then the employee will not have to work out the prescribed 2 weeks.

It is worth noting that there is no need to explain the reason for leaving the employee to the resigning employee: it is enough just to write in the application “I ask you to fire me in connection with the transfer to another company”.

If we compare leaving of our own free will, when the employee has already found another place, and dismissal by transfer, then in the first case there is no guarantee that he will actually be employed, therefore the second option for termination of employment is the safest first of all for the person leaving.

The disadvantage of transferring to another company is that the new employer is not obliged to provide the employee with a higher salary - accordingly, his salary may be much lower than at the previous place of work. FROM legal point this minus is insignificant, because in this case the transferring person is considered the most protected, and the probability of being left without a job is close to zero. If, nevertheless, the head does not comply with the law and does not employ the employee in accordance with the agreement, then the latter may apply with statement of claim to the court to bring the offender to justice under Art. 5. 27 of the Code of Administrative Offenses of the Russian Federation. If the judicial authority satisfies the claim, then the following fines may be imposed on the director who violated labor laws:

For officials and entrepreneurs who are not legal entities - from 1,000 to 5,000 rubles.
For legal entities- from 30,000 to 50,000 rubles.

Types of translation in labor law

There are two types of translation in labor law:

Internal: a person remains working for the same manager, but his tasks and functions change. This includes dismissal with transfer to another position, to another structural unit or department, etc. In this case, the legality of the procedure requires the written consent of the employee (Article 72.1), but there are nuances in which it is not required (Article 72.2). This type of transfer can be either temporary or permanent.
External: the employee is transferred from one employer to another, that is, the dismissal occurs by transfer to another organization with the consent of the employee. His functions at a new place of work may be fundamentally different from his previous duties. This requires notification from the new employer for transfer to his company.

Art. 72.2. The Labor Code of the Russian Federation defines situations in which the consent of an employee for a transfer is not required:

If a man-made or natural disaster has occurred at the location of the employer's organization, he has the right to transfer his subordinates to other positions in order to quickly eliminate the consequences of disasters or prevent them.
If the company has a downtime associated with technical, economic and other problems, the manager can transfer his subordinates to other places without their consent for up to 1 month.

It is worth noting that remuneration is made in accordance with the temporary position, but it should not be lower than the average salary of an employee in the old place.

In addition to the desire of the employee himself to move to another position or to another organization, or the circumstances in which he needs to do this at the direction of the head, there is another article of the Labor Code of the Russian Federation: dismissal by transfer due to health. This is regulated by Art. 73 of the Labor Code of the Russian Federation, according to which the employer is obliged to provide his employee with another vacancy in which he is not contraindicated to work. To do this, the subordinate will need to bring a medical report, and if he does not agree to work in a new place, or he is simply not in the organization, then the director must remove him from work while maintaining his position for a period not exceeding four months.

In general, the process of transferring through dismissal in one organization is practically the same as transferring to another company, but in order to do everything right, employers need to know all the features of the procedure: what to write in the work book, what documents are needed and in what time frame everything is needed to complete.

The initiative to transfer to another employer. Agreements. Guarantees.

In contrast to the dismissal own initiative with the subsequent intention to find a job in another company, termination of the employment contract by transfer gives employees much more guarantees. Consider a few examples of how the procedure can be carried out:

The potential employer sends a letter of resignation to the current employer in the order of transfer, the sample of which is not established by law. This document should reflect a request to dismiss a specific employee in connection with his transfer to another job.
If there is no invitation from another employer, then the manager can assist in the translation himself. This practice is typical for cases when there is a reduction in the organization, and the management simply negotiates with the director of another company.
The third example involves the conclusion of an agreement between three parties. It should reflect all the conditions of the transfer, as well as the date. The advantage of concluding such a document is that the employee can receive compensation if the new organization is located in another city.
The most common option is dismissal by transfer at the request of an employee who has provided a written confirmation from a potential manager stating that he is ready to take him to a new place on time.

By sending a letter of resignation in the order of translation, a sample of which is best prepared in advance in printed form, the potential employer will have to wait a maximum of 2 weeks: this is the period given to the old head of the subordinate to find a replacement for him and properly execute all documents. You can do without working off, but only if you can come to a mutual agreement.

The head of the organization in which the employee continues to work, but plans to quit, cannot prevent the transfer to another company, because it is carried out in accordance with general order layoffs. The only difference is that it requires consent potential employer, and slightly different entries are made in the work book.

Dismissal procedure

If the dismissal is made in connection with the transfer to another position in the same organization, then the whole process is carried out as follows:

The employee receives an invitation from the employer to take another vacancy, then, if he agrees, sends him his written response. As a rule, these nuances are discussed orally in advance.
After obtaining consent, the manager issues an order, and the personnel department specialist makes an entry in the work book with the following content: dismissed due to transfer to another position (clause 5, article 77 of the Labor Code of the Russian Federation).
Next, a settlement is made with the employee for the days worked in the old position and unused vacation.

Dismissal in the order of transfer to another organization: the procedure for registration

As mentioned earlier, the termination of the employment contract is carried out on the basis of a letter of resignation by transfer. It must contain the following information:

All details of the parties (indicated in the header).
Essence (request for translation).
Estimated date of termination.
The name of the organization in which further employment is planned.
Date and signature.

A letter from a potential employer with a request for a transfer should also be attached to the application, and it should also be submitted by the resigning employee 2 weeks before the date of dismissal, so he needs to pre-calculate it in order to have time to move to another place on time. Whether the employee works for 14 days or not depends on the decision of the manager, who must subsequently issue an order in the T-8 form. It must contain the following:

The name of the enterprise itself, as well as the name of the document and its number.
Registration date.
The method of termination of labor relations (dismissal in connection with the transfer).
FULL NAME. the employee leaving, his position, and if available, the personnel number.
Signature of the director and seal of the organization.

This document can also be drawn up by employees of the personnel department, but in any case it must contain the signatures of the director and the resigning person. It is on the basis of the order that all data is entered into a personal card and settlement is made with the employee.

The whole procedure then looks like this:

By filling out a sample order, dismissal by transfer is carried out on the last day labor activity subordinate. At this time, a work book is properly drawn up and given to the employee, as well as a full settlement is made with him.
The accounting department issues personal income tax certificates and relevant documents on contributions to funds to the employee.

It is important that vacation days in the case of a transfer are not saved, and the employee will have to work for at least six months to go on vacation, being in a new place. The exception is maternity leave and leave in connection with the adoption of children under three years of age: in this case, they must be granted in accordance with all terms.

Entry in the work book

The entire procedure for termination of employment relations is regulated by Art. 84.1 of the Labor Code of the Russian Federation. According to this article, the registration of the book should be done as follows:

It indicates the serial number of the record, the date of dismissal.
Particular attention should be paid to the column "Employment information ...": it should contain not only the reason for the employee's departure, but also a link to the article of the Labor Code of the Russian Federation. In this case, this is paragraph 5 of Art. 77 of the Labor Code of the Russian Federation.
Next, the document is indicated on the basis of which the termination of the employment agreement is made - the order. Also, the column must contain its number and date of registration.

After entering all the information, an authorized employee of the personnel department or the head himself must put his signature and seal of the organization. In the future, the new employer enters a note in the book that the employee has been accepted for the position (specify) for the transfer.

When performing dismissal by transfer, the entry in the work book differs from the case of termination of the employment agreement at the initiative of the employee or employer only by the reason and reference to the relevant article, because the procedure for issuing this document is common for all situations and does not depend on the specific grounds for termination of labor relations.

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 him to a 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 legislation of the 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 the employee in this case can claim according to 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:

Firstly, he issues an order in the T-8 form, indicating the correct reason and the name of the article of the Labor Code (Art. 77, paragraph 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!
Fourth, the calculation Money, a 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. Since then, the employment relationship has been officially terminated.

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 ranges 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.