What about hiring in the order of transfer from another organization? Please help with the correction of records in the labor. Employment in the order of transfer: how to carry out this procedure correctly? Recruitment as a translator

Transfer to another enterprise or organization can be both temporary and permanent. An employee can be transferred within the enterprise to another position or area, as well as to another enterprise in general, by decision of the former employer or at the request of the employee himself. How is the change in the employee's labor functions formalized and is it necessary to write an application for employment in the order of transfer?

How to get laid off

Guided by Article 72.1 of the Labor Code of the Russian Federation, an employee may express in writing his request to be transferred to a permanent place of work in any other company or enterprise. Firstly, first, a letter of resignation is written due to transfer to a specific place of work. The application is accompanied by a request from the management of the new enterprise also with a request to dismiss an employee of such and such in connection with the transfer to them to a permanent place of work.

If the actual employer does not object, then the employment contract with the employee is canceled, in accordance with Art. 77.1.5 of the Labor Code of the Russian Federation. Next, an order is issued in the form No. T-8 or 8a, signed by the head or acting officer and notifying the employee of the dismissal against signature.

IN work book the reason for the change of job is indicated - at the request or with the consent of the employee in the following form: "The employment contract was terminated due to the transfer of the employee at his request or with his consent to work in (name of the enterprise)" and an indication is made of the relevant article Labor Code. You should know that the employee has the right to withdraw his application at any time, in accordance with Art. 80 of the Labor Code of the Russian Federation, if another employee has not yet been invited to his place. After dismissal, the employee is paid unused vacation pay, wage and all other payments due to him.

Acceptance to a new place

This Labor Code does not approve the need to write an application for employment, since a new employee is registered by signing with him employment contract. The application has no form and is written by hand on a standard white sheet, must contain a request to accept a specific person for a specific position, indicating the date of writing.

Many organizations still require job applicants to write an application. For employment, a standard package of documents is required:

passport)
employment history)
certificate of pension insurance)
diploma)
military ID)
sometimes a medical certificate is required)
work permits for foreign workers.

A new employer should be aware of some rules for transfer employment:

since the employee was invited by transfer from another company in writing, he cannot be denied employment within one month from the date of his dismissal from his previous job (Article 64 of the Labor Code of the Russian Federation))
employees transferred by invitation do not pass a probationary period (Article 70 of the Labor Code of the Russian Federation).

Employment in the order of transfer is drawn up in the form No. T-1 or 1-a, which reflects that the employee has been transferred from another enterprise (which one should be indicated), and in the column about probationary period a dash is placed.

Employer-initiated transfer

It happens that due to production needs or for other reasons, the management considers it necessary to transfer an employee to another enterprise. In this case, it is also necessary to obtain the consent of the employee for the translation in writing (Article 72.1 of the Labor Code of the Russian Federation). The transfer procedure is carried out by agreement and the conclusion of a written agreement between the actual and future employers. The agreement must specify:

working conditions at a new job)
mode)
salary)
place of work.

After that, the employee is sent a proposal to transfer to another place of work. The consent or disagreement of the employee is drawn up either in a separate document, or is written directly on the proposal itself. Upon obtaining the consent of the employee to change jobs, the execution of the dismissal is the same as described above, but in the work book it is written not “at his request”, but “with his consent”. To apply for a new place, the employee must also write an application for employment in the order of transfer. We already know the rest of the process.

One more point should be noted. Suppose a manager wants to transfer an employee who is a citizen of another state to another enterprise. This can also be. How legitimate will his actions be? Firstly, since there is a foreigner in the company, it means that the employer has the appropriate permission to use the hired labor of foreign nationals. This permit is issued individually for each employee who needs it, and this document cannot be transferred to other organizations and, accordingly, this employee cannot be transferred to another place of work. New foreign workers should only work where their place of work is determined according to the permit.

Well, if an extreme situation has already arisen and it is simply necessary to get a specific employee, then he will first have to be fired in accordance with the Labor Code. A new employer must independently go through all the circles of hell to obtain a permit for this employee, and then issue it at his enterprise according to the standard procedure.

conclusions

So, what are the actions of an employee when moving to another place of work on his initiative:

receipt of a letter of request from the host employer for the current management with a request to transfer the employee)
writing a letter of resignation in connection with the transfer to another company. This application is considered as an example of a job application in the order of transfer to another enterprise)
going through the standard procedure of dismissal)
registration for a new place in accordance with the Labor Code.

The actions of a manager who transfers an employee to another place of work by his own decision.

What about hiring in the order of transfer from another organization? Please help with correcting entries in the labor

What entries to make in the employee's work book, if she was hired in the order of transfer from another organization, the article will tell.

Question: The employee was hired on 02/02/2015 part-time. On 04/30/15 she quits her previous job, in the labor wording "In the order of transfer to Romashka LLC" (our organization) The entry for employment in Romashka was made as follows: 05/05/15 Accepted to the position .... in the order of transfer from Lyutik LLC (previous employer) But the order dated 05/05/15 is an order to transfer from part-time work to the main place of work. That is, she was not fired from a part-time job, but a transfer was made from a part-time job to the main place of work. If it were not for the condition "In the order of transfer from Buttercup LLC" I would have made an entry on 02/02/15 Employed at Romashkas LLC 02/02/15 to 04/30/15 carried out the labor function as a part-time job.

Answer: The following entry must be made in the workbook.

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

He was accepted as a production equipment adjuster from 08/31/2011. From 08/31/2011 to 05/28/2013 he performed a labor function as a part-time worker

Employment book (fragment)

Making a record of hiring an employee in the order of transfer from another organization

EMPLOYMENT HISTORY
...
Job details

№ records	date			Information about hiring, transfer to other permanent jobs, qualifications, dismissal (with reasons and reference to an article, paragraph of the law)	Name, date and number document, on basis whom entry made
№ records	number	month	year		Name, date and number document, on basis whom entry made
1	2			3	4
				Closed Joint-Stock Company Alfa (CJSC Alfa)
3	18	02	2011	Adopted in the planning and economic department for lead economist in order of translation from limited companies responsibility "Trading company "Hermes"" (LLC "Trading firm" Hermes "")	Order from 18.02.2011 No. 14-k

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

Part-time employee becomes the main employee

The transition of an employee from part-time to the main job within the same organization can be arranged in two ways.

For example, such a transfer can be arranged through dismissal and employment. To do this, first issue a dismissal from a part-time job, and then the admission of this employee to the main place of work. In this case, the part-time job must also resign from the previous main place of work. The legitimacy of this order is explained as follows.

How to transfer an employee to another organization

Translation approval

It is possible to transfer an employee to a permanent job in another organization by mutual decision of the current employer and the host organization. In this case, the initiator of the transfer can be as an employer , as well as the employee. This is stated in part 2 Article 72.1 of the Labor Code of the Russian Federation.

This translation takes place through dismissal from a previous job, because in another organization with an employee is new employment contract (Part 4 Art. 64 And Part 2 Art. 72.1 Labor Code of the Russian Federation).*

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

Transfer by decision of organizations

If the transfer of an employee takes place by decision of organizations (current and host), the procedure for hiring and firing will be as follows. To begin with, the head of the organization where the employee is transferred must send to the organization where he currently works, an inquiry asking for a transfer. In the request, you must specify the date from which the employee is supposed to be accepted for new job, and his new position. Having received a letter of request, the head of the organization where the employee works is obliged to agree with the subordinate on the possibility of transfer.*

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

From this moment, it is possible to carry out the dismissal of an employee from the previous place of work and his hiring for a new job.

Acceptance by a new employer

If an employee is transferred to work from another organization, the receiving organization must:*

draw up an employment contract with a citizen ();
issue an order for employment under a unified form No. T-1 (No. T-1a) or according to an independently developed form ( , Part 4 Art. 9 of the Law of December 6, 2011 No. 402-FZ , letter of Rostrud dated February 14, 2013 No. PG / 1487-6-1);
start personal card ;
make an entry about hiring in the employee’s work book: “Accepted in (name of the structural unit) to the position (name) in the order of transfer from (name of organization)” (clause and 6.1 instructions approved Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

An example of a transfer to a permanent job in another organization

The head of the Alpha organization invited the economist A.S. Kondratiev ( an inquiry). The head of the Hermes agreed, and the employee himself was not against it. Kondratiev wrote resignation letter, about which the head of Hermes sent confirmation letter.

The head of Hermes issued a dismissal order in connection with the transfer to form No. T-8. An entry about the dismissal in connection with the transfer was made in work book.

The head of Alpha published order about hiring Kondratiev for a job. A job entry in connection with the transfer was made in work book.

Employment book (fragment)

The transition from part-time to the main job within the same organization. Companionship entry has not been made

Job details

№ records	date			information about hiring, transfer to another permanent jobs, qualifications, layoffs (with indication of the reasons and reference to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
№ records	number	month	year
1	2			3	4
				Public corporation " Manufacturing company"Master" (OJSC "Production company "Master"")
7	13	01	2009	Recruited as an Equipment Technician	Order dated 13.09.2019 No. 2-k
8	28	05	2013	Dismissed in connection with the liquidation of the organization, clause 1 of part 1 of article 81 of the Labor Code Russian Federation Supervisor personnel department ______________ E.E. Gromov Worker ______________	Order dated May 28, 2013 No. 102-k
				Closed Joint Stock Company Alfa (CJSC Alfa)
9	29	05	2013	He was accepted as a production equipment adjuster from 08/31/2011. From 08/31/2011 to 05/28/2013 he performed a labor function as a part-time worker	Order No. 103-k dated May 29, 2013, Order No. 15-K/P-S dated August 31, 2011

Answered by Alexander Sorokin,

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

“CCP should be used only in cases where the seller provides the buyer, including its employees, with a deferral or installment plan for paying for their goods, works, services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a return of such a loan, or itself receives and repays a loan, do not use the cash desk. When exactly you need to punch a check, look at

Hiring a new job by transfer is sometimes very beneficial for an employee, since all his rights are fully respected.

There are several ways to formalize such a procedure, with each option requiring certain actions and some documentation. How to properly draw up an order, an employment contract and an application for admission in the order of transfer from one organization to another, whether a probationary period is established in this case, we will tell in detail in this article.

Concept definition

Article 72.2 of the Labor Code of the Russian Federation clearly explains that there are two translation options:

external;
interior.

Leaving for the purpose of moving to another position in your own organization or moving to a new employer is called a transfer and provides an employee with many guarantees. Often companies transfer branches of their business to another city, and sometimes outside the Russian Federation. Territorial movement is also a translation.

Grounds for the procedure

To make an external transfer to another employer, the current employer must have written permission - the request of the employee. For internal movements, the consent of the employee is not always required.

Registration at the initiative of the employer

In the case of minimizing the staff and reducing the volume of work in order to reduce costs, the management of the organization can agree with third-party employers on the employment of their employees for them. Such a transfer without fail requires the consent of the employee.

Required Documentation

The following documents are required for translation:

Sample entry in the labor on dismissal in connection with the transfer:

The procedure for actions initiated by the employee

In most cases, the transfer is initiated by the employee himself. It has to do with finding more suitable place work.

Therefore, there are a number of documents for a competent, from a legal point of view, transition. These documents include:

tripartite agreement.
Invitation of a new employer.
The statement or consent of the employee himself, if the heads of the companies have drawn up a bilateral agreement.

Download the application form for an invitation to work from a new employer
Download a sample job invitation letter from a new employer

In addition, the following documentation is required:

Worker Education Diploma.
Identity document.
Military ID or registration certificate.
Medical certificate (according to the situation).
SNILS.
Labor book.
Work permit for foreign citizens.

Employee Guarantees

Pay the fare for yourself and your entire family. In the event that the transfer is carried out to another region, locality or country (Article 169 of the Labor Code of the Russian Federation).
Cash can only be obtained in the case of a competently written letter of invitation from the leadership of the new organization. Such a document is drawn up by the new employer on the letterhead of the organization and signed by the head.
Cancellation of the need to work two weeks in connection with the dismissal from the previous job.
No probation period when transferring to a new position with a new employer.
The new employer does not have to refuse employment in connection with the transfer (Article 64 of the Labor Code of the Russian Federation).

What to do in case of refusal?

If new employer refuses to accept the transferred worker, he can go to court.

If the plaintiff wins the case in court, the employer will hire him and conclude an employment contract from the day following the date of dismissal. As mentioned above, in the order of transfer to a new organization, a probationary period is not assigned to an employee.

Summing up, it can be noted that dismissal by transfer can be very beneficial for the employee. Therefore, if such an offer comes from the employer, you can safely consider it, having studied in detail all the nuances and weighing all the pros and cons. In a situation with downtime and other adverse circumstances, you can take the initiative into your own hands.

urexpert.online

How is an invitation issued by a company?

It is no secret that the leaders of many companies are eyeing the employees of competing firms or their own. business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization.

they are rarely ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal by transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is opposed to leaving his company, the invited employee can leave it on his own initiative.

Letter of resignation in order of translation, sample

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

How is an application made?

Dismissal by transfer to another organization can become good option for an employee who has decided to leave the company and has already found a new job. Dismissal in connection with the transfer is a guarantee that within a month from the date of departure, the new employer will sign a contract with him. Also, the absence of a mandatory two-week working off (by agreement of employers) and the absence of a probationary period at a new place of work can be considered an advantage. A citizen can ask the head of the company in which he wants to find a job to send a request to his current employer. He must also write a letter of resignation in the order of transfer.

Sample application:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with the specified employee for employment in his company.

Issuance of a transfer order

The head issues a dismissal order drawn up in the form No. T-8. The following documents are indicated as the basis for leaving:

invitation of a future employer;

the consent of the current employer;

statement or consent of the worker.

The dismissed person is introduced to the order under the signature. On the day of his departure, the payment is transferred to him and the book is returned with an entry on the termination of the contract made in it.

What does a contract termination record sound like?

Information fits into a personal card and work book on the last working day. The wording may be as follows: "Fired in connection with the transfer at the request of the employee (or with the consent) to (name of the enterprise), paragraph 5 of Article 77 of the Labor Code of the Russian Federation." Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees employment to a citizen.

The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in a new organization are an invitation to transfer and the consent of a citizen. If the employer decides to refuse the invited employee employment, he can file a complaint with the labor inspectorate or sue him. If the court decides in favor of the plaintiff, he will oblige the new employer to sign a contract with him from the day following the day of leaving the previous place of work.

The legislation also provides for administrative liability for such a violation. According to part 3 of Art. 5.27 of the Code of Administrative Offenses, a fine in the amount of 10 to 20 thousand rubles may be imposed. per official, from 50 to 100 thousand rubles. to the organization.

clubtk.ru

At the initiative of the employer

Initially, the head of the company to which the employee will be transferred must send a written request to the organization where he currently works, requesting the transfer of the person in question. The letter of request must contain a specific date from which the employee is supposed to be employed in a new workplace, and his new position. After receiving such a request, the head of the company where the employee works must agree with the latter on the possibility of his transfer to the employer-applicant to carry out professional activities.

With the consent, the employee draws up a letter of resignation in connection with the transition to permanent employment in another company. Further, the head of the first organization sends a confirmation letter to the future employer confirming the consent of the subordinate.

From this moment, it becomes possible to dismiss an employee from a position in a previous company and hire him in the order of transfer to another enterprise.

In case of admission of an employee to the staff of the company by a letter of transfer, the conclusion of the contract is carried out according to general scheme(Article 67 of the Labor Code of the Russian Federation).

In a new company-employer, when hiring, when transferring, the following sequence of paperwork is provided:

The employee is under contract.
A job order is issued.
The personal card of the employee is issued.
In the workbook accepted employee an entry is made: “Accepted in (name of the structural unit) to the position (name) in the order of transfer from (name of the enterprise)” (clauses 3 and 6 of the instruction approved by Decree No. 69 of the Ministry of Labor of the Russian Federation of 10.10.03).

It is important to know that if a citizen changes his place of permanent work in the order of transfer to a new place, a probationary period is not allowed for him.

At the initiative of the worker

If the specialist himself requested a transfer to another company, then the first link in the approval procedure will be his written application. Then the head of the company in which the person in question is this moment works, must inform the head of the enterprise in which the subordinate wants to transfer about the desire of the employee, and obtain his consent.

Further, the process of admission and dismissal will take place according to the general scheme, with the exception of one important point: when making a record of dismissal in the applicant's work book, it must contain a note that the transfer procedure was carried out at the personal request of the applicant, and not by his consent.

Please note: it is impossible to refuse to draw up a contract for an employee invited for employment by transfer from another enterprise. This ban lasts for thirty days from the date of dismissal from the previous job. labor activity. Employment by transfer from another organization in compliance with this requirement regulated by article 64 of the Labor Code of the Russian Federation.

Important Points

In the event of an unlawful denial of employment, the organization and its authorized officials may be subject to administrative liability in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

In addition, such a refusal may be followed by problems for the former employer. An employee who was denied work has the right not only to appeal the refusal to the court, but also to request reinstatement in the previous position (Article 394 of the Labor Code). In this case, the obligation of the organization will also be to pay the reinstated employee for the period of forced absenteeism in the amount of the average salary.

In a court of law, an employer may be required to compensate an illegally dismissed employee for moral damage. The amount of this compensation is determined on an individual basis, but it must be indicated in the decision on the claim: to determine the amount of damage, the nature of the damage that was caused to the employee and the degree of the company's fault are taken into account (paragraph 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

podborkadrov.com

concept

Part 2 of Article 72 of the Labor Code of the Russian Federation says that translation can be both external and internal. Leaving to move to another position in your company or to move to another employer allows the employee to receive a number of guarantees.

It happens that the company moves its activities to another locality or even another country. Geographic movement will also count as a translation.

In case of internal transfer can change like functional responsibilities employee and his structural subdivision.

Internal transfer can be both permanent and temporary.

Foundations

An employer can transfer an employee to another position, because he had downtime at the same place.

There are force majeure circumstances associated with the elimination of the consequences of disasters, fires, destruction, accidents and accidents, and then there is a need to move valuable personnel.

The same situation can be imagined when a company or enterprise opens a new branch and transfers part of the workers there.

For an internal change of position or structural unit, in some cases, the consent of the employee not necessary.

The procedure for registration at the initiative of employers

Sometimes there is a situation when the company reduces production volumes and minimizes staff, and in order to reduce the costs associated with layoffs, management negotiates with other employers to hire their employees. Such a transfer takes place with the consent of the employees.

Documents required for translation

In this case, the necessary set of documents is required for dismissal by transfer.

Written agreement between leaders of organizations. The will of employers must be recorded in writing.

The ideal would be to make tripartite agreement. In addition, you can write a bilateral agreement between employers and add an employee's statement of resignation and employment to a new job.

In the contract, employers, first of all, must prescribe the terms of its validity, as well as the date the employee entered the new position, its name, mode, place, nature of work, working conditions, payment.

The employee must receive a written notice of the transfer to another place.

It can be made according to the following pattern.

“We notify you of the possibility of dismissal by transfer to (name of company or organization) to (name of position) on the basis of a tripartite agreement.”

If the employee in this case signs the agreement, this will mean his acceptance of the terms of the tripartite agreement.

Letter of resignation from previous job

Among the documents must be a statement written according to the following model.

“I ask to be fired (indicate the date) in the order of transfer to (name of company or organization) to the position of (indicate position).”

An application for employment is written in a similar way.

“I ask you to hire me in the order of transfer to the position (name of position), date.”

Download a sample application for employment in translation order.

Employment contract

In the employment contract, it is necessary to prescribe about the arrangement of work through translation. In addition, it is important to initially specify in the document all significant details: functional duties, mode and nature of work, working conditions and remuneration. Employment contract drawn up according to the standard scheme.

Drawing up an order

Order of employment in the order of transfer compiled in a unified form with the wording "in the order of transfer at the request of the employee (or with the consent of the employee - depending on the specific situation)".

After issuing an order for admission, it is given to the employee for signature.

Below is a sample order for employment in the order of transfer from another organization:

Most often, it is the employee himself who initiates the dismissal on transfer. The reason will be finding a new, more suitable job.

Documents for registration to another employer

To process a transfer to another employer, you need an application (or consent if the agreement is signed by employers), a tripartite agreement, and an invitation to a new employer.

In addition, the following standard documents are required:

passport;
diploma;
military ID;
employment history;
medical certificate (not always);
certificate of pension insurance;
work permit for foreign citizens.

In the work book of the employee, a note should be made about the dismissal of the transfer. Recording is done according to instructions for filling out work books, approved by the Ministry of Labor of the Russian Federation (Decree of 10.10.2003 No. 69).

Below is a sample entry in the work book about hiring in the order of transfer:

Guarantees

According to Article 169 of the Labor Code, if an employee moves to work in another locality, he can claim relocation fees for himself and his family.

You can get paid if the new employer writes an invitation letter to the address of his company.

The invitation must be written on the letterhead of the company and signed by the head.

It should contain information about the new position.

When correct design of all documents, the new employer is obliged to accept the employee for the agreed position within a month after the dismissal.

Denial of employment

If the employer backs down, then Article 64 of the Labor Code, however, guarantees employment in the inviting organization.

All of the above documents will be required for this. Great value will have a copy of the invitation. It is better to take it even before the dismissal from the previous place of work.

If you win the court, the new employer will conclude an employment contract with you, starting from the day following the day of dismissal from your previous job. In addition, the violator will pay a fairly decent fine.

Probation

Is there a probationary period for admission to another organization in the order of transfer? In this case not installed.

Conclusion

So, if you have found another, promising job, or if the employers have agreed among themselves, it makes sense to issue a dismissal due to transfer.

It guarantees a job in a new place, even if the employer finds another employee more suitable for him.

Employment in a new place is guaranteed only within a month after leaving, and therefore it is not worth pulling.

If the new employer acts illegally, it is worth going to court.

When concluding a tripartite agreement and an employment contract it is important to specify in detail all the desired conditions.

moyafirma.com

Employment in the order of transfer from another organization

Many people, in the desire to improve their living conditions, are in search of better working conditions. This can play a decisive role and pay and work schedule. 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 gives the employee a number of advantages:

You do not need to work out the two weeks required by law at the old place of work, although you still need to enlist the support of the manager.
100% guarantee of further device. According to the law, the host party is assigned the obligation to mandatory registration of the invited and resigned employee.
When accepting a translation, there is no need to test the professionalism of the invitee. There is no probationary period.

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

The procedure for applying for a job in the order of transfer from another organization

Regardless of the fact that the specialist was invited in advance and there is a written agreement on the transfer, his registration for the position follows a natural path for those newly registered. The order of registration is as follows:

The candidate for the position provides all required list paperwork for employment.
With a pre-documented translation, an application for admission is not a mandatory attribute. But the employer can still ask the recipient to apply for a job in another organization.
Labor relations are concluded by signing a bilateral contract.
An order is prepared and issued.

The day specified in the order is the day the new labor activity begins.

Sample application for employment by transfer from another organization

A document on employment in another organization is written in a standard way. To fill it out, you do not need a form or a special form. The application must contain the following information:

New employer details.
FULL NAME. invited.
Date of arrival and start of employment.
A request to apply for a specific position according to a previously agreed transfer.
Signature and date of writing.

The application should also specify whether this work temporary or permanent.

Download sample job application

Order for employment by transfer from another organization - sample

Based on the submitted documents, the head of the order determines the need to accept the employee in the staff of the organization. The order is written on the standard T-1 form. The text must include:

FULL NAME. new employee.
The number assigned to him.
The name of the position, which will be the main place for the labor being accepted.
Work start date.
The term of the contract.
Salary and additional allowances.
Reference is made to the employment contract concluded earlier.

The order is fixed by the obligatory signatures of the manager and employee, and a seal is also affixed. The basis for admission is Article 77 of the Labor Code of the Russian Federation.

Download sample order

legionfg.ru

How to get laid off

The work book indicates the reason for the change of job - at the request or with the consent of the employee in the following form: "The employment contract is terminated in connection with the transfer of the employee at his request or with his consent to work in (name of the enterprise)" and an indication is made of the corresponding article of the Labor code. You should know that the employee has the right to withdraw his application at any time, in accordance with Art. 80 of the Labor Code of the Russian Federation, if another employee has not yet been invited to his place. After dismissal, the employee is paid unused vacation pay, wages and all other payments due to him.

Acceptance to a new place

This Labor Code does not approve the need to write an application for employment, since the registration of a new employee occurs by signing an employment contract with him. The application has no form and is written by hand on a standard white sheet, must contain a request to accept a specific person for a specific position, indicating the date of writing.

Many organizations still require job applicants to write an application. For employment, a standard package of documents is required:

passport)
employment history)
certificate of pension insurance)
diploma)
military ID)
sometimes a medical certificate is required)
work permits for foreign workers.

A new employer should be aware of some rules for transfer employment:

since the employee was invited by transfer from another company in writing, he cannot be denied employment within one month from the date of his dismissal from his previous job (Article 64 of the Labor Code of the Russian Federation))
employees transferred by invitation do not pass a probationary period (Article 70 of the Labor Code of the Russian Federation).

Employment in the order of transfer is drawn up in the form No. T-1 or 1-a, which reflects that the employee has been transferred from another enterprise (which one should be indicated), and a dash is put in the probation period column.

Employer-initiated transfer

working conditions at a new job)
mode)
salary)
place of work.

conclusions

So, what are the actions of an employee when moving to another place of work on his initiative:

receipt of a letter of request from the host employer for the current management with a request to transfer the employee)
writing a letter of resignation in connection with the transfer to another company. This application is considered as an example of a job application in the order of transfer to another enterprise)
going through the standard procedure of dismissal)
registration for a new place in accordance with the Labor Code.

Actions of a manager who transfers an employee to another place of work by his own decision:

signing an agreement with another employer showing that he is not opposed to hiring such and such an employee)
making an offer to transfer an employee to another company)
obtaining consent from the employee)
registration of dismissal of an employee, in accordance with the Labor Code, if consent is received)
full settlement with the employee.

Hiring, dismissal, transfer of employees are recorded in the work book. But sometimes the listed events of a professional biography occur almost simultaneously. For example, if you have to register an employee for a new job by transfer from a previous employer. Then the record must reflect both of these circumstances.

Applying for a translation job

It should be clarified right away: hiring in the order of transfer does not mean internal, but external movement of an employee. That is, he begins to work for a new employer, leaving his previous job. Such clarification is necessary, since the Labor Code (Article 72.1) also allows for internal transfer - within the same organization, but to another position. However, this case does not imply the termination of the labor contract with the employee, which means that the entry in the book will be different.

So, hiring by transfer from another organization means that the employer changes for the owner of the work book. Often, his seniority is not interrupted for a day - an employee leaves one place of work and immediately starts working in a new place.

Sometimes former employers themselves take the initiative in such a transition. This usually happens if the company is expecting layoffs. Not wanting to pay severance pay, the company's management is trying to find other jobs for applicants for dismissal. And, having achieved success, they offer to take shape in a new place for translation.

But more often this happens at the request of an employee who decides to change jobs. Reception by translation gives him some advantages. As already noted, he can immediately go to a new place without interrupting the experience, but he is allowed to do this within a month. If there is a written confirmation that he was invited to another company, the new employer has no right to refuse him employment (Article 64 of the Labor Code). After a month from the date of dismissal this advantage is lost.

Reception in the order of transfer: entry in the work book

Before getting a job in another company, the employee leaves the previous place of work, which is indicated in his work book. An entry is made in it that the employee was dismissed in connection with the transfer to work with another employer. If the employee initiated the transfer, then a clarification is made: “Dismissed due to the transfer at the request of the employee ...”. If the initiative came from the employer, the entry records that the dismissal in connection with the transfer was carried out "with the consent of the employee."

In this article, we will tell you how to arrange for the personnel officer to transfer employees to another job. Let's take a closer look the following types transfers: temporary and permanent, at the initiative of the employee and at the initiative of the employer, with the consent of the employee and without obtaining his consent. We will also turn Special attention on the procedure for transferring an employee to work in another area together with the employer.

Rules for transferring to another job

General rules

P transfer to another job Is it a permanent or temporary change labor function employee or structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another area together with the employer (Article 72.1 of the Labor Code of the Russian Federation). Transfers can be temporary and permanent, at the initiative of the employee and at the initiative of the employer, with the consent of the employee and without his consent.

For your information

In this case, structural subdivisions should be understood as branches, representative offices, as well as departments, workshops, sections, etc. (clause 16 of the resolution of the Plenum Supreme Court dated March 17, 2004 No. 2).

Please note that transfer to another job is allowed only with the written consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). The exceptions are some cases of temporary transfer, to which we will pay special attention below. In this case, an agreement to change the terms of the employment contract determined by the parties must be concluded in writing (Article 72 of the Labor Code of the Russian Federation).

Note that the consent of the employee is not required for his transfer from the same employer to another workplace, to another structural unit located in the same area, entrusting him to work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

In all cases, it is forbidden to transfer and move an employee to work that is contraindicated for him for health reasons.

Also, at the written request of the employee or with his written consent, it can be carried out.

Please note: if the transfer to another job is recognized as illegal, the employee must be reinstated at the previous place of activity. At the same time, the body considering an individual labor dispute makes a decision to pay such a person the difference in earnings for the entire time of performing lower-paid work. Also, the court has the right, at the request of the employee, to make a decision on the recovery from the employer of monetary compensation for moral damage caused by these actions (Article 394 of the Labor Code of the Russian Federation). Moreover, in the event of a delay by the employer in the execution of the decision to reinstate the employee in his previous job, the body that made the decision makes a determination on the payment of the difference in earnings to this citizen for the entire time of the delay (Article 396 of the Labor Code of the Russian Federation).

Permanent translation

In this case we are talking on a permanent change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was indicated in the employment contract) (Article 72.1 of the Labor Code of the Russian Federation).

Any employee can apply for a transfer (see Example 1).

To process the transfer, form No. T-5 or form No. T-5a (see Example 3) is used, approved by the Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment” ( hereinafter - Decree No. 1).

Based on the order to transfer the employee to another job, marks are made in the section “Employment, transfers to another job” in the employee’s personal card (form No. T-2 or No. T-2GS (MS)) (see Example 4) and the front invoice (Form No. T-54 or No. T-54a).

To whom: kadry@site
Subject: Free consultations

When issuing an order to transfer an employee to another job (form No. T-5, approved by the Decree of the State Statistics Committee of the Russian Federation dated January 05, 2004 No. 1 “On approval of unified forms of primary accounting documentation for accounting for labor and its payment”), personnel officers often have a question: “What document should be indicated in the line “Reason: change to the employment contract from ....”? Details of the employment contract itself or details of an additional agreement to the employment contract?

Olga Maksimova,
Head of the Human Resources Department, Burevestnik LLC, Nizhny Novgorod

Answered by Vladimir Pirogov, lawyer at Nikline LLC:

In the line "Basis: change to the employment contract from ..." the details of the supplementary agreement to the employment contract should be indicated. Let's explain our position.

In accordance with Art. 72.1 of the Labor Code of the Russian Federation transfer to another job - a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer, as well as transfer to work to another area with the employer. And the place of work and the labor function of the employee are mandatory conditions of the employment contract (Article 57 of the Labor Code of the Russian Federation).

Article 72 of the Labor Code of the Russian Federation states that changing the terms of an employment contract determined by the parties, including transfer to another job, is allowed only by agreement of the parties to the employment contract, which is concluded in writing.

Therefore, the basis for issuing a transfer order will be an amendment to the employment contract signed by both parties, namely, an additional agreement.

And in accordance with the Instructions for the application and filling out the forms of primary accounting documentation for accounting for labor and its payment, if an employment contract was not concluded with the employee (the employee was hired before 10/06/1992) and his hiring is issued by order, with filling out the unified form No. T-5, the line "Basis" indicates specific documents on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the requisite "Change to the employment contract" is not filled in.

In accordance with Art. 66 of the Labor Code of the Russian Federation, information about transfers to another permanent job is entered in the employee's work book (see Example 5). At the same time, the transfer record is drawn up no later than a week on the basis of the relevant order (instruction) of the employer (clause 10 of the Rules for maintaining and storing work books, preparing work book forms and providing employers with them, approved by Government Decree No. 225 dated April 16, 2003, hereinafter - Decree No. 225).

Temporary transfer

In this case, we will talk about a temporary change in the labor function of the employee or the structural unit in which the employee works (if the structural unit was indicated in the employment contract), while continuing to work for the same employer (Article 72.1 of the Labor Code of the Russian Federation). At the same time, temporary transfers to another job are regulated by Art. 72.2 of the Labor Code of the Russian Federation.

So, by agreement of the parties, concluded in writing, an employee can be temporarily transferred to another job with the same employer for up to one year.

Please note: if at the end of the transfer period the previous job was not provided to the employee, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer becomes invalid and the transfer is considered permanent.

When such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with the law, the place of work is retained, then it is valid until the employee returns to work.

The procedure for temporary transfers is similar to that for permanent transfers. The exception is that during temporary transfers, an entry in the employee's work book is not made out.

When does translation become mandatory?

Employee-initiated transfer

In some cases, the employee has the right to require the employer to temporarily transfer to another job.

For example, if an employee refuses to perform work in the event of a danger to his life and health, the employer is obliged to provide such an employee with another job while the danger is eliminated (Article 220 of the Labor Code of the Russian Federation).

Pregnant women and nursing mothers cannot be involved in the following work:

In this case, pregnant women, in accordance with a medical report and at their request, are transferred to another job that excludes the impact of adverse production factors, while maintaining the average earnings in the previous job. Until a pregnant woman is given another position, she is subject to release from work with the preservation of the average earnings for all the days missed as a result of this. Meanwhile, women with children under the age of one and a half years, if it is impossible to perform their previous work, they are transferred at their request to another job with wages for the work performed, but not lower than the average earnings at the previous place of activity until the child reaches the age of one and a half years (Art. 254 of the Labor Code of the Russian Federation). Also, pregnant women and women with children under the age of three cannot be involved in work performed by on a rotational basis(Article 298 of the Labor Code of the Russian Federation).

Transfer at the initiative of the employer and due to circumstances beyond the control of the parties

In some cases labor law 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 the state of his health. We are talking here about both vacant positions or work corresponding to the qualifications of the employee, and vacant lower positions or lower paying job. In this case, the consent of the employee must be obtained. Please note that the employer is obliged to offer the employee all the vacancies that meet the specified requirements that he has in the given area. The employer is obliged to offer vacancies in other areas only if it is provided for by the collective agreement, agreements, labor contract (Articles 81, 83 and 84 of the Labor Code of the Russian Federation). We are talking about the dismissal of employees in the following cases:

reduction in the number or staff of employees of the organization, individual entrepreneur(Clause 2, 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 the results of certification (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 state inspection labor or court (clause 2, article 83 of the Labor Code of the Russian Federation);
disqualification or other administrative punishment, excluding the possibility of the employee fulfilling obligations under an employment contract (clause 8, 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 manage vehicle, the right to bear arms, other special rights) in accordance with the law, if this entails the impossibility for the employee to fulfill his obligations under an employment contract (clause 9, 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, 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 committed through the fault of the employee and excludes the possibility of continuing work (clause 11, 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 job he has that is not contraindicated for this citizen for health reasons. Meanwhile, if the specified person needs a temporary transfer for up to four months, refuses to transfer, or there is no corresponding job, then the employer must remove the employee from work for this period while maintaining the place of work (position). In this case, during the period of suspension, wages are not accrued to the employee. At the same time, if an employee needs a temporary transfer for a period of more than four months, or permanent translation, then if he refuses to transfer or if the employer does not have a relevant job, the employment contract is terminated in accordance with clause 8 of the first part of Article 77 of the Labor Code of the Russian Federation (Article 73 of the Labor Code of the Russian Federation).

As a rule, in all the above cases, the employer sends the employee an appropriate notification or proposal to transfer the employee to the vacancies he has (see Example 6).

As a rule, the consent or disagreement of the employee in the transfer is drawn up in a separate document or is prescribed in the proposal for transferring to another job (see Example 7).

We would also like to remind you that according to Art. 74 of the Labor Code of the Russian Federation in the case when, for reasons related to changes in organizational or technological working conditions, determined by the parties the terms of the employment contract cannot be saved, they can be changed at the initiative of the employer, with the exception of changing the labor function of the employee. Moreover, if the employee does not agree to work in the new conditions, the employer is obliged to offer him another available job in writing. In the absence of the specified work or the refusal of the employee from the proposed work, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of the Labor Code of the Russian Federation.

In some situations, an employee may be transferred without his consent for a period of up to one month to work not stipulated by an employment contract with the same employer in order to prevent the following cases or eliminate their consequences. We are talking about natural or man-made disasters, industrial accidents, accidents at work, fires, floods, famine, earthquakes, epidemics or epizootics, as well as any exceptional cases that endanger the life or normal living conditions of the entire population or part of it. .

The transfer of an employee without his consent for up to one month to another job is also allowed in cases of downtime, the need to prevent the destruction or damage to property, or to replace a temporarily absent employee, if these situations are caused by the emergency circumstances indicated above. At the same time, transfer to work requiring lower qualifications is possible only with the written consent of the employee himself (Article 72 of the Labor Code of the Russian Federation). Please note that for temporary transfers carried out in exceptional cases, remuneration is made according to the work performed, but not lower than the average earnings at the previous place of employment.

For your information

When applying Art. 72.2 of the Labor Code of the Russian Federation, which allows the temporary transfer of an employee to another job without his consent, it should be borne in mind that the obligation to prove the existence of circumstances with which the law associates the possibility of such a transfer rests with the employer (paragraph 17 of the decision of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

The transfer of an employee is also possible for the period of suspension of work due to the suspension of activities or a temporary ban on activities due to violation of labor protection requirements through no fault of the employee. At this time, the employee, with his consent, can be transferred by the employer to another job with wages for the work performed, but not lower than the average earnings at the previous place of activity (Article 220 of the Labor Code of the Russian Federation).

Transfer to another locality

Transfer order

In this case, the employer sends the employee an offer to transfer to work in another locality. Further, the consent or disagreement of the employee is drawn up in a separate document or prescribed in the transfer proposal itself.

With the consent of the employee, changes to the employment contract should be made. This is done through the signing of an additional agreement. To process the transfer, form No. T-5 or form No. T-5a, approved by Decree No. 1, is used. Then, on the basis of the order, marks are made in the employee’s personal card (form No. T-2 or No. T-2GS (MS)) and personal account ( form No. T-54 or No. T-54a).

For your information

The arbitrators in paragraph 16 of the decision of the Plenum of the Supreme Court dated March 17, 2004 No. 2 noted that “other locality” should be understood as an area located outside the administrative-territorial boundaries of the corresponding settlement.

Please note that when an employee moves to work in another locality, the employer is obliged to reimburse him for the following expenses (Article 169 of the Labor Code of the Russian Federation):

for the relocation of the employee, members of his family and the transportation of property (except for cases when the employer provides the employee with appropriate means of transportation);
for settling in a new place of residence.

The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract. In this case compensation payments a citizen in connection with his relocation to work in another area is not subject to personal income tax (clause 3 of article 217 of the Tax Code of the Russian Federation) and unified social tax (subclause 2 of clause 1 of article 238 of the Tax Code of the Russian Federation), and can also be included in other expenses ( subparagraph 5, paragraph 1, article 264 of the Tax Code of the Russian Federation). Financiers also agree with this position (letters of the Ministry of Finance dated July 14, 2009 No. 03-03-06 / 2/140 and dated December 17, 2008 No. 03-03-06 / 1/688). At the same time, according to officials, the amounts reimbursed by the organization to a housing worker are subject to personal income tax and unified social tax in the usual manner (letters of the Ministry of Finance of July 13, 2009 No. 03-04-06-01 / 165 and of December 17, 2008 No. 03-03-06/1/688).

Employee refusal to transfer

The refusal of an employee to transfer to work in another locality together with the employer is the basis for the termination of the employment contract (clause 9, article 77 of the Labor Code of the Russian Federation). In this case, as in the case of a regular dismissal, to formalize the termination labor relations with employees, form No. T-8 (or form No. T-8a), approved by Resolution No. 1, is applied (see Example 8).

On the day of dismissal, the employee, in addition to the amounts due, is paid a severance pay in the amount of two weeks of average earnings (Article 178 of the Labor Code of the Russian Federation). At the same time, labor or collective agreements may also establish increased size severance pay (Article 178 of the Labor Code of the Russian Federation).

In this case, we are talking about the termination of the contract in accordance with paragraph 9 of the first part of Article 77 of the Labor Code (see Example 9).

Further, upon receipt of the work book, the employee signs in a personal card, as well as in the book of accounting for the movement of work books and inserts in them (clause 41 of Resolution No. 225). At the same time, the entry made in the work book is repeated in the personal card (clause 12 of Resolution No. 225).

Footnotes

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