A sample order for hiring in the order of transfer to another organization, a probationary period and an application for a new place of work, as well as whether the employment contract stipulates the transfer of employees

Transfer to another organization: features

The Law of the Labor Code of the Russian Federation states that transfer to another organization is a changed labor function of an employee, characterized by the termination of cooperation with the previous employer and the conclusion of an agreement with a new one.

If we consider the process on a larger scale, then from a legal point of view, a transfer is a dismissal and a job at the same time. The peculiarity of such employment is that the guarantee of acquiring a new job is 100% guaranteed; otherwise, the employee will be protected by the law.

Reasons for transfer

Both the employer and the mercenary can initiate the transfer of an employee to another organization. The offer may also come from a potential employer. The initiative must be documented.

Due to the fact that only correctly drawn up documentation can serve as a reason for transfer, in order to avoid legal problems it is recommended to write an application and conclude a new contract under the supervision of a competent person.

If the initiator is an employee

If the employee himself has expressed a desire to move to another organization, a corresponding application must be drawn up and submitted with a request for transfer to a permanent workplace in another institution.

Sample application for transfer to another job

The application must be accompanied by a formal letter of offer from the future employer. The letter represents a request for approval of a transfer between organizations.

Sample invitation letter for transfer to another job

At first, it may seem easier to quit your current job and immediately get a new one. This is a big risk, since the potential employer will not assume obligations to the employee and can easily refuse him. In this case, the law will be on the employer’s side.

Why official translation is safer:

The employee has the right not to work for 14 days. The receiving party employs the quitter on any agreed day.
By law, the receiving party does not have the right to change its mind after the transfer application has been approved.

From the above, the conclusion follows: the employee is protected by the law of the Labor Code of the Russian Federation (Article No. 64) in the event of misunderstandings between the dismissing and receiving parties.

If the initiator is an employer

In this case, the translation procedure is slightly different. Both the previous and the future employer can offer a change of workplace. This often happens during forced staff reductions: valuable employees are transferred as “compensation” to a similar position in partner organizations or institutions conducting similar activities. Also, cases of interest in creative employees of other companies are not uncommon.

Therefore, the first stage is to agree on the transfer of the mercenary between the two employers (in writing). Once the decision has been made and both parties are happy, the next step is to obtain consent from the employee himself.

It is important to know! If a mercenary resists and does not want to move to another organization, no one has the right to force him.

Internal transfers: done correctly

In some cases, labor legislation allows the dismissal of employees only when it is impossible to transfer them to another job available to the employer, which the citizen can perform taking into account his state of health. We are talking here about both vacant positions or work corresponding to the qualifications of the employee, as well as vacant lower positions or lower paid work. In this case, the consent of the employee must be obtained. Please note that the employer is obliged to offer the employee all vacancies available in the given area that meet the specified requirements. An employer is obliged to offer vacancies in other localities only if this is provided for by a collective agreement, agreements, or employment contract (Articles 81, 83 and 84 of the Labor Code of the Russian Federation). We are talking about dismissal of employees in the following cases:

reduction of the number or staff of employees of an organization, individual entrepreneur (clause 2 of Article 81 of the Labor Code of the Russian Federation);
inconsistency of the employee with the position held or the work performed due to insufficient qualifications confirmed by certification results (clause 3 of Article 81 of the Labor Code of the Russian Federation);
reinstatement at work of an employee who previously performed this work, by decision of the state labor inspectorate or court (clause 2 of article 83 of the Labor Code of the Russian Federation);
disqualification or other administrative punishment that excludes the possibility of the employee fulfilling his duties under the employment contract (Clause 8 of Article 83 of the Labor Code of the Russian Federation);
expiration, suspension for a period of more than two months or deprivation of an employee of a special right (license, right to drive a vehicle, the right to carry a weapon, other special right) in accordance with the law, if this entails the impossibility of the employee fulfilling his duties under the employment contract ( clause 9 of article 83 of the Labor Code of the Russian Federation);
termination of access to state secrets if the work performed requires such access (clause 10 of Article 83 of the Labor Code of the Russian Federation);
violation of the rules established by law for concluding an employment contract, if this violation was not the fault of the employee and excludes the possibility of continuing work (clause 11 of article 77 of the Labor Code of the Russian Federation).

We also remind you that an employee who needs to be transferred to another job in accordance with a medical report, with his written consent, the employer is obliged to transfer to another available job that is not contraindicated for this citizen due to health reasons. Meanwhile, if the specified person needs a temporary transfer for a period of up to four months, refuses the transfer, or the corresponding job is not available, then the employer must suspend the employee from work for this period while maintaining the place of work (position). However, during the period of suspension, the employee’s wages are not accrued. At the same time, if an employee needs a temporary transfer for a period of more than four months or a permanent transfer, then if he refuses the transfer or the employer does not have the appropriate work, the employment contract is terminated in accordance with paragraph 8 of part one of Article 77 of the Labor Code of the Russian Federation (Article 73 Labor Code of the Russian Federation).

As a rule, in all of the above cases, the employer sends the employee a corresponding notice or proposal to transfer the employee to his existing vacant positions (see Example 6).

Registration process

Hiring to a new place of employment begins with conditional dismissal. At this stage, a person belongs neither to the category of the working population nor to the category of the unemployed.

If cooperation with an organization is terminated at the initiative of the mercenary, the following documents must be collected:

application requesting transfer;
order from the employer in accordance with Article No. 77 of the Labor Code of the Russian Federation.

If the initiator is an employer, an invitation from the host party and the written consent of the employee + the documents listed above are required.

Features of the employment contract

After all documents have been submitted and approved, an employment contract is concluded. A corresponding entry is also made in the employee’s work book. The entry in the work book looks like this: “Accepted to the position of (full name of the position) as a transfer from (full name of the previous organization).”

Sample entry in the work book about employment by transfer

Both parties issue an order for the dismissal (sample order - form T8) and, accordingly, the hiring of an employee (sample order - form T1). The order must mention that the employee was officially transferred between two organizations while retaining his employment powers.

Sample order for dismissal by transfer

Sample order for employment by transfer

Registration of dismissal by transfer

If the formalities have been met (in other words, consent to move to another company has been received from the employee), the manager can issue a confirmation letter. It certifies the preparation of the employee’s dismissal in the order of subsequent transfer and is sent to his new boss.

After this, it is necessary to issue an order to terminate the employment relationship with the citizen:

when an employee leaves of his own free will;
upon dismissal on the initiative of superiors with the consent of the citizen himself.

Experts recommend using standard form No. T-8, but the law does not prohibit issuing an order drawn up in free form if it contains all the necessary information.

The employee must be familiarized with this order against signature. In case of refusal, a corresponding act is drawn up.

Information about payments due to a citizen after leaving the company is indicated in the settlement note, which has standard form No. T-61. Payment for unused vacation upon dismissal by transfer is provided on the day of actual termination of the contract.

How long does the procedure take?

Often workers undergoing transfer are afraid of their uncertain status. Therefore, the question of the timing of the procedure is always relevant. Unlike the process of dismissal or employment on a general basis, transfer to another organization does not have a fixed scheme at the legislative level. Accordingly, all three parties (two employers and an employee) independently develop and agree on a dismissal and hiring scheme, taking into account individual wishes. In some cases, this may delay the translation process.

Possible nuances

The law does not provide a specific period within which the transfer procedure must be officially established. All three parties agree on the dates specified in the invitation and application. The conclusion follows from this: the employee is considered dismissed on the day indicated in the document. But this does not guarantee subsequent employment at a new place of employment.

In order to solve this problem, a law was issued (Article No. 64 of the Labor Code of the Russian Federation): when transferred from one workplace to another, an employee must begin new duties within 30 days. It turns out that the date of dismissal and drawing up the contract can be any - the main thing is that the first working day in the new place takes place within a month after signing the contract. The transferred employee is also released from the probationary period.

Read also: Rules for keeping a log of job orders

Transfer by employee's decision

The process of dismissal by transfer to another employer is quite simple. If a citizen intends to terminate his employment relationship with this company voluntarily, he must send a corresponding written statement to the manager.

In order for management to process the dismissal documents, the citizen must also provide a letter of request to confirm the possibility of the transfer.

This document is drawn up by the new manager and contains an invitation to the employee to another position. The letter of request must include the name and legal address of the company to which the citizen is transferring, the surname, first name and patronymic of the employee himself, as well as the planned date of transfer.

A letter of request is not a mandatory document for terminating a contract with a citizen at the main place of employment. A company representative may contact the employee’s management in another way (for example, by telephone). Experts recommend receiving this request letter to simplify the transfer process.

An application for dismissal by way of transfer must include the following information:

document's name;
position and full name of the manager;
name of the enterprise in which the citizen is employed;
Full name and position of the employee wishing to change jobs;
a request for dismissal on the basis of the fifth paragraph of the first part of Article 77 of the Labor Code of the Russian Federation;
name of the company to which you plan to transfer;
date of desired dismissal;
applicant's signature;
date of execution of this document.

You can draw up a letter of resignation by translation using the sample provided on the website for your reference. The legislation does not establish clear requirements for the form of the request, so it can be submitted in free form.

When terminating a contract with an employee on these grounds, no work is required. The citizen can immediately begin his new official duties at another place of employment.