Rules for dismissal in the order of transfer to another organization

Legislation

In accordance with Art. 72.1 of the Labor Code of the Russian Federation, transfer should be understood as a temporary or permanent change in a person’s work activity. The translation itself is divided into two types:

It is prohibited to transfer to a position for which a citizen has medical contraindications, even if his qualifications and experience fully meet all the requirements.

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

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

1. Find out the availability of vacant positions in the company of interest, have an interview with the manager, agree with him on hiring by way of transfer, receive a letter requesting the transfer of the employee indicating a specific date.
2. Visit your current boss and apply for a transfer. The mandatory two-week work period is canceled in this case, because the employer must be guided by the date indicated in the letter from the receiving party.
3. On the last day of work, receive your salary and compensation for unused vacation (if applicable), pick up your work book from the HR department.
4. On the appointed day, report to your new place of work to draw up an employment agreement.

Dismissal from a previous employer

When transferring an employee to work in another organization, the previous organization must:

• issue an order to terminate the employment contract in connection with the transfer using the unified form No. T-8 or an independently developed form (Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ, letter of Rostrud of February 14, 2013 No. PG/1487-6-1);
• close the employee’s personal card;
• make an entry in the employee’s work book. “Dismissed by transfer to (name of organization) with the consent of the employee, paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation,” if the employee was transferred by decision of the organization. If the employee was transferred on his own initiative, you need to make an entry: “Dismissed by transfer to (name of organization) at his request, paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation.” This follows from part 5 of article 84.1 and part 2 of article 72.1 of the Labor Code of the Russian Federation, paragraph 6.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69, paragraph 15 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.

Features of transfer at the initiative of the employer

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

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

For greater clarity, consider a detailed example:

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

The day before the start date for another position, the employee was fired. He was given a work book, paid a salary for the time worked, and all compensation due. The next day he began his duties in the new organization. Read also the article ⇒ Employment contract with part-time worker 2021.

How to transfer to work: step-by-step instructions

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

1. Request the employee's written consent if he is not the initiator. You will also need a letter of request from the head of the organization where the transfer is planned.
2. Draw up an order for transfer to another employer.
3. Pay the employee in full, issue him a salary certificate and work book.

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

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

The letter of request includes a request to transfer an employee to a specific company, indicating the exact date, information of the manager, and the name of the organization at the current place of work.

Application sample

Order for employment

Order of dismissal

Features of translation for a new manager

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

• You cannot refuse employment within one month after a written invitation to work (Article 64 of the Labor Code of the Russian Federation).
• Hiring is carried out only with the consent of the previous employer and is formalized in the general manner; a regular order is issued, a work book is filled out, and the employee is given a job description for review.
• It is not allowed to establish a probationary period for persons invited to work through a transfer (Article 70 of the Labor Code of the Russian Federation).
• Even if the employee underwent a medical examination at the previous employer, if necessary, he must undergo it at the new one, incl. and with a valid medical certificate of professional suitability.

“All citizens applying for positions with difficult, harmful or dangerous working conditions, as well as positions in public catering establishments, must undergo a medical examination,” says the expert and head of the department of labor law at the State University - Higher School of Economics of the Russian Federation in comments to the Labor Code of the Russian Federation. .P. Orlovsky.

Special cases

A person can be transferred to a position with a record in the employment record for a permanent or temporary special case. Temporary changes in employment are carried out by agreement between the employee and the employer, which is confirmed in writing. The main reason that such a procedure is carried out is to replace an employee who is temporarily absent. The duration of such a transfer can be up to 12 months or until the return of the departed person. The corresponding entries in the labor document for transfer to a position are present with the condition of permanence in the new job, as stated in the Labor Code in Article 66.

Permanent transfer has the following types:

1. Internal – with registration within the same enterprise and management.
2. External, involving termination of the employment contract and change of manager.

Depending on how the scope of activity changes, the nature of the record is determined.

Temporary transfer

When transferring personnel, an entry in the work book is possible when replacing an ill or resigned employee. Even a temporary transfer with a guarantee of return to the original position is considered internal. In the process of filling out a work book, you should take into account all the rules prescribed by regulations. The employment document contains a column with information about the work, where the word “temporarily” must be added. The following text is expected for a temporary transfer with an entry in the work book: “transferred to a position...temporarily.”

Internal and external

If a person is transferred to another position, this indicates an increase or decrease in the career ladder. This type of change in activity also refers to internal due to the fact that the employee is moved to positions within the enterprise.

It is important to know! When changing a new position, the work book does not mention the name of the organization. This information will already be indicated in the line above. The emphasis is on the name of the employee’s new position. If there is an error in indicating the position, you should cross out the incorrect information and write the correct information below.

If a person is transferred outside the organization to a division or branch, this type of change of activity will be external. The nature of the information in the work book also changes. If the institution has a different name, it is registered in a separate third column. If the employee remained in the same position, but only the geography changed, the following information will be clarified: “Transferred to a division...to a position...”. In any case, the position is registered.

Dismissal due to transfer

The rules for making entries about a change of place of work or position will be regulated by 6.1 of the Instructions, which characterize the concept of transfer.

This process must be accompanied by entries in the column of the third section with working information. You should also clarify in the record on what basis the transfer took place: by agreement of the parties or at the request. Example: if a reduction in transfer occurs by agreement of the parties, it is written as follows: “termination of the employment contract occurred in connection with the transfer of the employee, by his consent, to a workplace with another employer.” This rule is regulated by paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation.

Transfer to permanent employment

If a person is transferred from a temporary workplace to a permanent one, a corresponding entry in the employment document is also made. This is explained by the fact that employees are acquiring a new permanent position, which must be documented. This is a type of internal transfer that affects the person’s working period. Entries will be made in the same way as an order issued in an institution. The entry must contain the title of the position, but without mentioning “temporary” or “transfer.” In writing, it looks like this: “Accepted for the position ... on a permanent basis.”

Translation of a part-time worker

If changes occur in the form of a shift from a part-time position to a permanent position, a corresponding order is issued and entries are made in the work book form. There is one line between the new and previous entries, and then an entry is made about the usual hiring to a new workplace.

Attention! The law does not establish an obligation in this case to register new information, since the person is already employed. But references to the fact that a transition to a permanent position has been made are necessary for the employee upon further transfer to another employer.

Is it possible to transfer unused vacation during a transfer?

According to Art. 127 of the Labor Code of the Russian Federation, when dismissing an employee in connection with a transfer to another company, the former employer must act as follows if the subordinate has unused vacation:

• Pay monetary compensation.
• Provide leave followed by dismissal if the terms of the transfer agreement allow it.

In the latter case, it is necessary to be guided by the date on which the employee must begin performing new duties. While a citizen is on vacation, he is registered in the previous organization and cannot be accepted into another.

How to fill out a work book when transferring?

The work book is prepared in the following columns:

How to make an entry in the work book about a transfer to another position: instructions

The transfer of an employee must be recorded in the work book of the relevant employee in an appropriate, and most importantly, legal manner. Unfortunately, many HR employees make a lot of mistakes and provide a colleague with a not entirely correct signature.

That is why today we will look at the procedure for making a transfer record in stages, calculating the various nuances and difficulties.

First of all, the HR department employee needs to make sure that the appropriate order has been issued. Next, you need to open the employee’s personal file and extract the employee’s work book from there. Now we proceed directly to filling out the document.

1. Open the spread of the work book, where the latest information about the citizen’s work was indicated.
2. Now indent the entry you made exactly one line
3. Enter an Arabic numeral that will correspond to the numbering on the page.
4. Only then start writing the date in the next column. The date must correspond to the day on which the transfer was recorded. The date should be written in the following format: 05/11/2015. Falsification of the number should not be allowed even for a day, because such behavior is punishable by an administrative fine in a fairly large amount.
5. Now let's start filling out the column that stores information about hiring. You do not need to re-write the name of the organization.
   It is already quite clear that translation is possible only within one production. The entry is kept short and concise so as not to take up too many precious fields.

   The entry looks like this: “Position transferred...”. Some personnel officers sometimes write reasons, for example: “Transferred to such and such a position due to a promotion.” This postscript is not at all mandatory and does not carry any useful information, which is why you should limit yourself to the first option.

6. The third column contains information about the date the order was issued for the organization, as well as its serial number. For example: “Order No. 123 of May 10, 2015.”

After this, the entry is certified by the seal of the organization and the signature of the manager.

At this point, the procedure for making an entry in the work book can be considered complete. It will become clearer when you look at the example.

Entry in the work book about transfer to another position - sample:

Read more about hiring and relevant employment records here. Now it’s worth talking about the nuances that accompany the process of making an entry in the labor record.

On what basis are such entries made?

As in other cases of making entries in a labor document, the basis for such actions is the issuance of an order. As a rule, an organization’s order to transfer an employee is issued a day or two before the immediate moment when information about the transfer will be entered into the work book.

The order has its own date and serial number . This information will be extremely important when entering data into the work book.

Also, do not forget that the order is issued directly by the head of the organization or his deputy.

Only they are vested with the authority to issue such local acts. The order is issued signed by the above persons and the seal of the organization.

All employees of a particular organization must be familiar with the order . Of course, this document can only be issued with the consent of the employee in respect of whom this document for transfer was prepared. Otherwise, neither the order nor the entry in the work book takes place.

Transfer to another position

A transfer to another position is almost always a positive dynamic in an employee’s career. As a rule, such a transfer foreshadows a promotion. Such a transfer is called internal because the employee moves only to positions within the organization.

In connection with such a transfer, personnel officers must remember a number of applicable rules for filling out the work book.

Firstly , you should not mention the name of the organization in the entry about the new position. It is already written a line above in the information about the old position.

Secondly , much attention should be paid to the name of the employee’s new position. Many people mistakenly confuse job titles, and the entry in the work book has to be crossed out.

Transfer to another position temporarily

A transfer to another position, including a temporary one, is possible as a result of replacing someone during illness, long-term leave or maternity leave. Or maybe the employer decided to give a long-time employee a trial period in a new place, and then, based on the results, decide on a transfer.

This translation is also considered internal . When filling out a work book, all of the above rules are taken into account. It is also necessary to remember that in the work information column you need to sign the word “temporarily”. Thus, the entry in the employment record will look like this: “Transferred to such and such position temporarily.”

Transfer to another structural unit

A transfer to another structural unit is considered external, since in the full sense of the word the geographical location of work changes. Of course, entries in the work book in this case are also modified. If the unit has changed its rank, then it must be indicated in the third column.

Further, if the position has not changed, but only the place of work has changed, then in the labor column the phrase is written: “Transferred to such and such a unit for such and such a position.” If your position has not changed, you simply rewrite the name of the old one, but if the name has changed, write the name of the new one exactly as indicated in the order.

Director's transfer

If the transfer concerns the director directly, then this fact should also be reflected in his work book.

If before this the citizen held another position at the enterprise, then it is necessary to deviate one line from the entry about it and, without mentioning the name of the organization again, write the following in the employment line: “ Transferred to the position of director .”

Do not forget that such an entry must necessarily be preceded by an order for the corresponding transfer, which must also be entered in the appropriate place in the labor report.

Record of temporary transfer

Let's imagine the situation. One of the employees went on two-month vacation or the employee went on maternity leave. These people performed their duties perfectly, but during their absence, someone else must fulfill their duties. The decision to transfer does not come immediately.

To begin with, one of the employees is offered to take on the work left unattended for a certain fee, since the vacancy will not be filled.

But if the employee does not want to perform tinder only for money , the employer can arrange a transfer, but only if the temporary position is preferable to the one in which the employee previously worked. Entering into the book information that this position is temporary is mandatory.

From temporary to permanent job

A transfer from a temporary job to a permanent one is also documented by a corresponding entry in the labor record. The question why is very easy to answer.

The fact is that now the employee, one might say, acquires a new, permanent position, which means he has every right to confirm this fact in the employment record. The entry is also made by analogy with the issued order for the organization.

The entry mentions the same position, but without the word temporary and translation. Thus, the new entry looks exactly the same as a regular job entry: “Hired for such and such a position on a permanent basis.”

Transfer from part-time workers to permanent employees

Transfer from part-time to permanent employees is also carried out by issuing an order and making an entry on the employment form.

Exactly one line is indented from the previous entry and an entry similar to the one made in the previous paragraph is made.

Of course, it would be possible not to write anything at all, because the employee already works in this position, but in fact the mention is that the position has become a permanent need for the employee in the event that he performs a labor function for another employer.

A permanent job in the past was much more prestigious than a temporary one.

When receiving education while working, a corresponding entry is also made about it in the labor record. Read about it here.

Most common mistakes

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

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

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

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

Rating of frequently asked questions

Question No. 1. Is it necessary to indicate in the transfer request the specific date from which the employee is planned to be employed in the new organization?

Yes, this must be done so that the current employer can complete the dismissal procedure on time.

Question No. 2. What to do if an employer refuses to dismiss an employee by way of transfer?

According to the law, the manager has every right to refuse to transfer an employee, but he can resign of his own free will. In this case, he will have to work for 2 weeks, and only after that he will be able to get a new job.

Hiring by transfer from another organization

Many people, in a desire to improve their living conditions, are looking for improved working conditions. Pay and work schedule can play a decisive role in this. Such a search sooner or later leads to natural results in the form of a new vacancy with more acceptable working conditions. To obtain mutual guarantees that the manager will not change his mind and the employee will also fulfill his promise, a written agreement is drawn up.

A written agreement provides the employee with a number of advantages.:

• There is no need to work the two weeks required by law at your old place of work, although you still need to enlist the support of your manager.
• 100% guarantee of further device. According to the law, the receiving party is assigned the obligation to compulsorily register the invited and resigned employee as a member of the staff.
• When receiving a translation there is no need to test the professionalism of the invitee. There is no probationary period.

This order of affairs remains in the case of registration at the request of the employee or expressed initiative on the part of the employer.