What to do with hiring as a transfer from another organization? Please help me correct the entries in the labor record. Hiring by transfer: how to carry out this procedure correctly? Hiring by transfer

Transfer to another enterprise or organization can be either temporary or permanent. An employee can be transferred within an enterprise to another position or area, as well as to another enterprise altogether, by decision of the previous employer or at the request of the employee himself. How is a change in an employee’s job functions formalized and is it necessary to write an application for employment as a transfer?

How to file a dismissal

Guided by Article 72.1 of the Labor Code of the Russian Federation, an employee can express in writing his request to transfer to a permanent place of work in another company or enterprise. Firstly, a letter of resignation is first written due to transfer to a specific place of work. Attached to the application is a request from the management of the new enterprise also with a request to dismiss the employee so-and-so in connection with his transfer 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 Labor Code of the Russian Federation. Next, an order is issued in form No. T-8 or 8a, signed by the manager or acting officer and the employee is notified of the dismissal against signature.

IN work book the reason for the change of place of work 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 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 take his place. After dismissal, the employee is paid unused vacation pay, wage and all other payments due to him.

Reception to a new place

This Labor Code does not approve the need to write an employment application, since the registration of a new employee occurs by signing with him employment contract. The application has no form and is written by hand on a standard white sheet of paper; it 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. A standard package of documents is required for employment:

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

The new employer should be aware of some employment rules regarding transfer:

since the employee is invited to transfer from another company in writing, it is impossible to refuse him 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 undergo a probationary period (Article 70 of the Labor Code of the Russian Federation).

Hiring by way of transfer is formalized in form No. T-1 or 1-a, which indicates that the employee was transferred from another enterprise (which one should be indicated), and in the column about probationary period a dash is added.

Transfer at the initiative of the employer

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

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

After which, the employee is sent an offer to transfer to another place of work. The employee’s consent or non-consent is documented either in a separate document or written directly on the proposal itself. Upon receipt of the employee’s consent to change his place of work, the registration of 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 position, the employee must also write an application for employment in the order of transfer. The further procedure is already known to us.

One more point should be noted. Let's say a manager wants to transfer an employee who is a citizen of another state to another enterprise. This could also happen. How legal 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 must work only where their place of work is determined by the permit.

Well, if an extreme situation has arisen and you just need to get a specific employee, then you will have to fire him first in accordance with the Labor Code. The new employer must independently go through all the circles of hell to obtain a permit for this employee, and then register it at his enterprise according to the standard procedure.

conclusions

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

receipt from the host employer of a letter of request to the current management with a request to transfer the employee)
writing a letter of resignation due to transfer to another company. This application is considered as an example of an application for employment in the order of transfer to another enterprise)
going through the standard dismissal procedure)
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 to do with hiring as a transfer from another organization? Please help with correcting entries in the labor record.

The article will tell you what entries to make in the employee’s work book if she was hired as a transfer from another organization.

Question: The employee was hired on 02/02/2015 on a part-time basis. On 04/30/15 she quits her previous job, with the employment wording “In the order of transfer to Romashka LLC” (our organization) The entry for employment at Romashka was made as follows: 05/05/15 Accepted for the position....in the order of transfer from Buttercup LLC (previous employer) But the order dated 05/05/15 is an order to transfer from a part-time job to the main place of work. That is, she was not fired from her part-time job, but a transfer from the part-time job to her main place of work was formalized. If it weren’t for the condition “In the order of transfer from Buttercup LLC,” I would have made an entry on 02.02.15. Hired for work at Romashkas LLC from 02.02.15 to 04.30.15, I performed the labor function as a part-time worker.

Answer: The following entry must be made in the work book.

After dismissal from Buttercup LLC, in the order of transfer in column 3 you need to write Romashka LLC. After that, make an entry about the admission: “Accepted for the position of ______ as a transfer from Buttercup LLC.” From 02.02.15 to 30.04.15, she carried out her labor function as a part-time worker.”

Hired as a production equipment adjuster on 08/31/2011. From 08/31/2011 to 05/28/2013 he carried out his labor function as a part-time worker

Work book (fragment)

Registration of 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 job, qualifications, dismissal (with reasons and reference per article, point of 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	Accepted into economic planning department for the position of leader economist in order of translation from Limited companies responsibility "Trading company "Hermes"" (Trading Company "Hermes" LLC)	Order from 18.02.2011 No. 14-k

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

Part-time employee becomes the main employee

The transition of an employee from a part-time job to his main job within one organization can be formalized in two ways.

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

How to transfer an employee to another organization

Coordination of translation

An employee can be transferred to a permanent job in another organization by mutual decision of the current employer and the receiving organization. In this case, the initiator of the transfer may be as an employer , so is the employee. This is stated in parts 2 Article 72.1 of the Labor Code of the Russian Federation.

This transfer occurs through dismissal from previous job, since in another organization there is a contract with the employee 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 is not clearly stated in the Labor Code of the Russian Federation, but a certain practice has developed in its execution. The transfer must be preceded by a written agreement procedure between the head of the organization from which the employee is transferred and the head of the organization to which he is transferred.

Translation by decision of organizations

If the transfer of an employee is carried out by decision of the organizations (current and receiving), the hiring and dismissal procedure 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 his transfer. The request must indicate the date from which the employee is expected to be hired new job, and him 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 him to another organization confirmation letter.

From this moment on, it is possible to dismiss an employee from his previous place of work and hire him for a new job.

Reception 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 according to the 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 to (name of structural unit) for position (name) in the order of transfer from (name of organization)” (clause and 6.1 Instructions approved Resolution 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 economist A.S. as a transfer from the Hermes organization. Kondratieva ( an inquiry). The head of 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 due to a transfer form No. T-8. A record of dismissal due to transfer was made to work book.

The head of "Alpha" issued order about hiring Kondratiev. The employment entry in connection with the transfer was made in work book.

Work book (fragment)

Transition from part-time work to main job within one organization. Part-time registration was not made

Job details

№ records	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and a link 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" (JSC "Production Company "Master"")
7	13	01	2009	Hired as an equipment adjuster	Order dated September 13, 2019 No. 2-k
8	28	05	2013	Dismissed due to the liquidation of the organization, paragraph 1 of part 1 of Article 81 of the Labor Code Russian Federation Supervisor HR department ______________ E.E. Gromova Worker ______________	Order No. 102-k dated May 28, 2013
				Closed joint stock company "Alfa" (CJSC "Alfa")
9	29	05	2013	Hired as a production equipment adjuster on 08/31/2011. From 08/31/2011 to 05/28/2013 he carried out his labor function as a part-time worker	Order dated May 29, 2013 No. 103-k, order dated August 31, 2011 No. 15-K/P-S

Alexander Sorokin answers,

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

“Cash payment systems should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and 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 repayment of such a loan, or itself receives and repays a loan, do not use the cash register. 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 complete such a procedure, and each option requires certain actions and the preparation of some documentation. We will tell you in detail in this article how to correctly draw up an order, an employment contract and an application for admission in the order of transfer from one organization to another, and whether a probationary period is established in this case.

Definition of the concept

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

external;
interior.

Dismissal for the purpose of moving to another position in one’s own organization or moving to a new employer is called a transfer and provides the 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 transfer.

Reasons for the procedure

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

Registration at the initiative of the employer

In case of minimizing staff and reducing the volume of work in order to reduce costs, the management of the organization can agree with third-party employer companies about the employment of their employees with them. Such a transfer necessarily requires the consent of the employee.

Required Documentation

The following documents will be required for translation:

Sample entry in the employment record about dismissal due to transfer:

Procedure for actions initiated by an employee

In most cases, the initiator of transfers is the employee himself. This is due to finding more suitable place work.

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

Tripartite agreement.
Inviting a new employer.
Statement or consent of the employee himself, if company managers have drawn up a bilateral agreement.

Download a job invitation form from a new employer
Download a sample request for a job invitation from a new employer

In addition, the following documentation will be required:

Employee's education diploma.
Identity document.
Military ID or registration certificate.
Medical certificate (depending on the situation).
SNILS.
Labor book.
Work permit for foreign citizens.

Guarantees for the employee

Pay the cost of travel for yourself and your entire family. In case 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 if a letter of invitation is written correctly from the management of the new organization. Such a document is drawn up by the new employer on the organization’s letterhead and signed by the manager.
Cancellation of the need to work for two weeks in connection with dismissal from a previous job.
No probationary period when transferring to a new position with a new employer.
The new employer cannot 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 employee, then he can go to court.

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

To summarize, it can be noted that dismissal by transfer can be very beneficial for the employee. Therefore, if such an offer comes from an employer, you can calmly consider it, having studied all the nuances in detail and weighed all the pros and cons. In situations with downtime and other unfavorable circumstances, you can take the initiative into your own hands.

urexpert.online

How is an invitation from a company issued?

It is no secret that the managers of many companies are looking closely at the employees of competing companies 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.

Rarely are they ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to 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 against him leaving his company, the invited employee can leave it on his own initiative.

Letter of dismissal by transfer, sample

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

Issuing a transfer order

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

invitation to a future employer;

consent of the current employer;

statement or consent of the worker.

The person leaving is introduced to the order and signed. On the day of departure, the payment is transferred to him and the book is returned with an entry about the termination of the contract made in it.

What does a contract termination record sound like?

The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of 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 a citizen employment.

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

The legislation also provides for administrative liability for such violations. According to Part 3 of Art. 5.27 of the Administrative Code, a fine 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 the employee is currently working, requesting the transfer of the person in question. The letter of request must contain the specific date from which the employee is expected 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.

If agreed, the employee submits a letter of resignation in connection with the transition to permanent employment in another company. Next, the head of the first organization sends a letter of confirmation to the future employer confirming the consent of the subordinate.

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

In the case of hiring an employee to the company's staff by letter of transfer, the contract is concluded according to general scheme(Article 67 of the Labor Code of the Russian Federation).

In a new employer company, when applying for a job during a transfer, the following sequence of paperwork is provided:

A contract is concluded with the employee.
An employment order is issued.
An employee personal card is issued.
To the work book hired employee an entry is made: “Accepted to (name of structural unit) for position (name) in order of transfer from (name of enterprise)” (clause 3 and clause 6 of the instructions approved by Resolution No. 69 of the Ministry of Labor of the Russian Federation dated 10.10.03).

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

At the initiative of the employee

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

Further, the hiring and dismissal process will proceed according to the general scheme, with the exception of one important point: when a dismissal entry is made in the applicant’s work book, it must contain a note that the transfer procedure was carried out at the applicant’s personal request, and not with his consent.

Please note: it is impossible to refuse to issue a contract to an employee invited for employment by transfer from another enterprise. This prohibition lasts for thirty days from the date of dismissal from the previous place labor activity. Hiring 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 case of unlawful refusal of employment, the organization and its authorized officials may be held, in accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, to administrative liability.

In addition, such a refusal may result in problems for the previous employer. An employee who has been denied a job has the right not only to appeal the refusal in court, but also to request reinstatement to his previous place (Article 394 of the Labor Code). The obligation of the organization will also be to pay the reinstated employee for the period of forced absence in the amount of the average salary.

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

podborkadrov.com

Concept

Part 2 of Article 72 of the Labor Code of the Russian Federation states that translation can be both external and internal. Dismissal 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 a company moves its activities to another locality or even another country. Geographical movement will also be considered a translation.

In case of internal transfer may change as functional responsibilities employee and his structural subdivision.

Internal transfer can be either permanent or temporary.

Reasons

An employer can transfer an employee to another position because he experienced downtime in his previous position.

There are force majeure circumstances related to eliminating the consequences of disasters, fires, destruction, accidents and accidents, and then there is a need to relocate valuable personnel.

The same situation can be imagined when a company or enterprise opens a new branch and transfers some of its employees there.

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

Procedure for registration at the initiative of employers

Sometimes a situation occurs when an enterprise reduces production volumes and minimizes staff, and in order to reduce the costs associated with the reduction, management negotiates with other employers to hire their employees. Such a transfer occurs with the consent of the employees.

Documents required for translation

To dismiss by transfer in this case, you need the necessary set of documents.

Written approval between heads of organizations. The will of employers must be recorded in writing.

The ideal option would be to make tripartite agreement. In addition, you can write a bilateral agreement between employers and add to it the employee’s statement of dismissal and application for a new job.

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

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

It can be compiled according to the following model.

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

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

Application for resignation from previous position

Among the documents there should be a statement written according to the following sample.

“I ask you to dismiss me on (specify date) by transfer to (name of company or organization) to the position of (specify position).”

A job application is written according to a similar pattern.

“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 the order of translation.

Employment contract

The employment contract must specify the arrangement of work through transfer. In addition, it is important to initially stipulate in the document all significant details: functional responsibilities, mode and nature of work, working conditions and payment. Employment contract drawn up according to the standard scheme.

Drawing up an order

Order for employment by transfer drawn up according to 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 the acceptance order is issued, 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 dismissal due to transfer. The reason will be to find a new, more suitable job.

Documents for registration with another employer

To formalize a transfer to another employer, an application (or consent if the agreement is signed by the employers), a tripartite agreement, and an invitation from the new employer are required.

In addition, standard documents such as:

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

The employee’s work book must contain a note about dismissal due to transfer. Recording is performed according to instructions for filling out work books, approved by the Ministry of Labor of the Russian Federation (resolution No. 69 dated October 10, 2003).

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

Guarantees

According to Article 169 of the Labor Code, if an employee moves to work in another locality, he may qualify for moving expenses for himself and his family.

You can receive payment if the new employer writes an invitation letter to his company address.

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

It should contain information about the new position.

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

Refusal of employment

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

For this you will need all the above documents. Great value will have a copy of the invitation. It is better to take it before leaving your previous job.

If you win the case, the new employer will enter into 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 hefty fine.

Probation

Is there a probationary period established for admission to another organization as a transfer? In this case not installed.

Conclusion

So, if you have found another, promising job, or the employers have agreed among themselves, it makes sense to formalize your dismissal by transfer.

It guarantees placement in a new position, even if the employer finds another, more suitable employee.

Employment in a new position is guaranteed only within a month after dismissal, and therefore there is no point in delaying.

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

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.

The procedure for applying for employment 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 proceeds in a natural way for newly registered employees. The registration procedure is as follows:

The candidate for the position provides all necessary list papers for hiring.
With a previously documented translation, an application for admission is not a mandatory attribute. But the employer can still ask the person being accepted to submit a document about employment in another organization.
Labor relations are concluded by bilateral signing of an agreement.
An order is prepared and issued.

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

Sample application for employment by transfer from another organization

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

New employer details.
FULL NAME. invited
Date of arrival and start of work.
The request must be submitted to a specific position based on a previously agreed transfer.
Signature and writing number.

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

Download a sample job application

Order for employment by transfer from another organization - sample

Based on the submitted documents, the manager, by order, determines the need to hire the employee to the organization’s staff. The order is written on standard T-1 form. Its text must indicate:

FULL NAME. new employee.
Personnel number assigned to him.
The name of the position that will be the main place of work for the person hired.
Work start date.
Duration of the concluded contract.
Amount of salary and additional allowances.
A link is provided to the previously concluded employment contract.

The order is secured with the mandatory signatures of the manager and employee, and is also stamped. The basis for admission is Article 77 of the Labor Code of the Russian Federation.

Download sample order

legionfg.ru

How to file a dismissal

The work book indicates the reason for the change of place of work - 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 enterprise)” and an indication is made of the corresponding article of the Labor Book 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 take his place. After dismissal, the employee is paid unused vacation pay, wages and all other payments due to him.

Reception to a new place

This Labor Code does not approve the need to write an employment application, 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 of paper; it 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. A standard package of documents is required for employment:

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

The new employer should be aware of some employment rules regarding transfer:

since the employee is invited to transfer from another company in writing, it is impossible to refuse him 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 undergo a probationary period (Article 70 of the Labor Code of the Russian Federation).

Hiring by transfer is formalized using form No. T-1 or 1-a, which indicates that the employee was transferred from another enterprise (which one should be indicated), and a dash is placed in the probationary period column.

Transfer at the initiative of the employer

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

conclusions

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

receipt from the host employer of a letter of request to the current management with a request to transfer the employee)
writing a letter of resignation due to transfer to another company. This application is considered as an example of an application for employment in the order of transfer to another enterprise)
going through the standard dismissal procedure)
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 against hiring such and such an employee)
making a proposal to transfer an employee to another enterprise)
obtaining consent from the employee)
registration of the employee’s dismissal, in accordance with the Labor Code, if consent is received)
full settlement with the employee.

The hiring, dismissal, and transfer of employees are recorded in the work book. But sometimes the listed events in a professional biography occur almost simultaneously. For example, if you need to formalize the hiring of an employee to a new place upon transfer from the previous employer. Then the record must reflect both of these circumstances.

Applying for a translation job

It should be clarified right away: hiring by transfer means not an internal, but an external movement of an employee. That is, he begins to work for a new employer, having quit 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 a different position. However, this case does not imply termination of the employment contract with the employee, and, therefore, the entry in the book will be different.

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

Sometimes previous employers themselves take the initiative in such a transition. This usually happens if layoffs are expected at the company. Not wanting to pay severance pay, the company's management is trying to find candidates for dismissal another job. And, having achieved success, they offer to take up a new position in translation.

But more often this happens at the request of an employee who decides to change jobs. The translation technique gives him some advantages. As already noted, he can immediately move to a new place without interrupting his tenure, but he is allowed to do this within a month. If there is written confirmation that he has been 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.

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

Before getting a job in another company, the employee resigns from his previous place of work, which is indicated in his work book. It records that the employee is dismissed due to transfer to work for another employer. If the initiator of the transfer was an employee, then a clarification is made: “Dismissed due to the transfer at the request of the employee...”. If the initiative came from the employer, the record records that the dismissal due to the transfer was carried out “with the consent of the employee.”

In this article we will tell you how a HR manager can formalize the transfer of 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 pay Special attention on the procedure for transferring an employee to work in another location 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 transfer to work in another area together with the employer (Article 72.1 of the Labor Code of the Russian Federation). Transfers can be temporary or 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 divisions should be understood as branches, representative offices, as well as departments, workshops, areas, 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 permitted only with the written consent of the employee (Article 72.1 of the Labor Code of the Russian Federation). The exception is some cases of temporary transfer, to which we will further pay special attention. 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).

Please note that the employee’s consent will not be required to move him from the same employer to another workplace, to another structural unit located in the same area, entrusting him with 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 prohibited to transfer or relocate an employee to work that is contraindicated for him due to health reasons.

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

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

Permanent translation

In this case we're talking about 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 specified 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 complete the transfer, use form No. T-5 or form No. T-5a (see Example 3), approved by Decree of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment” ( hereinafter referred to as Resolution No. 1).

Based on the order to transfer the employee to another job, marks are made in the section “Hiring, transfers to another job” in the employee’s personal card (form No. T-2 or No. T-2GS(MS)) (see Example 4) and personal account (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 Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment”), HR officers often have a question: “Which document should be indicated in the line “Base: amendment 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 HR Department of Burevestnik LLC, Nizhny Novgorod

Vladimir Pirogov, lawyer at Nikline LLC, answers:

In the line “Base: amendment to the employment contract dated...” details of the additional 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 is 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 specified in the employment contract), while continuing to work for the same employer, as well as transfer to another job to another location with the employer. And the place of work and the employee’s labor function 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 changes to the terms of an employment contract determined by the parties, including transfer to another job, are allowed only by agreement of the parties to the employment contract, which is concluded in writing.

Consequently, 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 use and completion of forms of primary accounting documentation for the accounting of labor and its payment in the event that an employment contract was not concluded with the employee (the employee was hired before 10/06/1992) and his hiring was formalized by order, when When filling out the unified form No. T-5, in the line “Bases”, specific documents are indicated on the basis of which the employee will be transferred to another job (application, medical report, memo, etc.), and the details “Change to the employment contract” are 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 into the employee’s work book (see Example 5). In this case, a record of the transfer is made 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, producing work book forms and providing them to employers, approved by Government Decree No. 225 of April 16, 2003, hereinafter referred to as Resolution No. 225).

Temporary transfer

In this case, we are talking 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 specified 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 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 a period of up to one year.

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

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

The procedure for temporary transfer 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.

In what cases does translation become mandatory?

Transfer at the initiative of the employee

In some cases, an employee has the right to demand from the employer a temporary 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 exposure to adverse production factors, while maintaining the average earnings from the previous job. Before a pregnant woman is given another position, she is subject to release from work with preservation of average earnings for all days missed as a result. Meanwhile, women with children under the age of one and a half years, if it is impossible to perform the previous job, 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 Labor Code of the Russian Federation). Also, pregnant women and women with children under three years of age cannot be involved in work performed 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 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 job. 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 in the number or staff of the organization’s employees, 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 state inspection labor 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 manage vehicle, the right to carry weapons, other special rights) 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 for 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 permanent translation, then if he refuses the transfer or the employer does not have the corresponding 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 of the 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).

As a rule, the employee’s consent or disagreement with the transfer is formalized in a separate document or stated in the very proposal to transfer to another job (see Example 7).

I 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 preserved; they can be changed at the initiative of the employer, with the exception of changes in the employee’s labor function. Moreover, if the employee does not agree to work under the new conditions, the employer is obliged to offer him another available job in writing. If there is no specified work or the employee refuses the proposed work, the employment contract is terminated in accordance with paragraph 7 of part one 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 the employment contract with the same employer in order to prevent the cases indicated below or eliminate their consequences. We are talking here about natural or man-made disasters, industrial accidents, industrial accidents, fires, floods, famines, earthquakes, epidemics or epizootics, as well as any exceptional cases that threaten the life or normal living conditions of the entire population or part of it .

Transferring an employee without his consent for a period of up to one month to another job is also permitted in cases of downtime, the need to prevent destruction or damage to property, or to replace a temporarily absent employee, if these situations are caused by the emergency circumstances specified by us above. At the same time, transfer to a job 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, wages are paid 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 connects the possibility of such a transfer rests with the employer (clause 17 of the resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2).

The transfer of an employee is also possible for the duration of the suspension of work in connection with the suspension of activities or a temporary ban on activities due to violation of labor protection requirements through no fault of the employee. During 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 his previous place of activity (Article 220 of the Labor Code of the Russian Federation).

Transfer to another location

Transfer procedure

In this case, the employer sends the employee an offer to transfer to work in another location. Next, the employee’s consent or disagreement is formalized in a separate document or written down in the transfer proposal itself.

If the employee agrees, changes should be made to the employment contract. This is done through the signing of an additional agreement. To complete the transfer, use Form No. T-5 or Form No. T-5a, approved by Resolution No. 1. Then, based on 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 resolution 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 relevant locality.

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

for relocation of the employee, members of his family and transportation of property (except for cases where the employer provides the employee with appropriate means of transportation);
for settling into 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 move 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 taken into account as part of other expenses ( subparagraph 5, paragraph 1, article 264 of the Tax Code of the Russian Federation). Financiers also agree with this position (letters from 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 amount of reimbursement by the organization of expenses to an employee for renting housing is subject to personal income tax and unified social tax in the usual manner (letters from the Ministry of Finance dated July 13, 2009 No. 03-04-06-01/165 and dated December 17, 2008 No. 03-03-06/1/688).

Employee refusal to transfer

An employee’s refusal to be transferred to work in another location together with the employer is grounds for termination of the employment contract (Clause 9 of Article 77 of the Labor Code of the Russian Federation). In this case, as with 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 used (see Example 8).

On the day of dismissal, the employee, in addition to the amounts due, is paid severance pay in the amount of two-week average earnings (Article 178 of the Labor Code of the Russian Federation). In this case, labor or collective agreements may establish and increased size severance pay (Article 178 of the Labor Code of the Russian Federation).

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

Further, upon receipt of the work book, the employee signs in the personal card, as well as in the book recording 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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