The procedure for dismissal due to transfer to another organization. How to apply?

Legislative framework for correct maintenance of labor documentation

The Ministry of Labor and Social Development of the Russian Federation has prescribed clear instructions for filling out all fields in the work books of enterprise employees.

The Government of the Russian Federation has developed and approved Rules for their maintenance and storage. The Instructions and Rules must be strictly followed by the HR department of each employer.

All entries in labor documents (books) are made in accordance with the Labor Code of the Russian Federation.

Article 66 The Labor Code of the Russian Federation obliges the employer to create a work book for each employee if he has worked for him for more than 5 days, and this position is the main one. The exception is employers - individuals who do not conduct individual entrepreneurial activities.

See the full text of Article 66 of the Labor Code of the Russian Federation below:

Information displayed in work books

According to part 4 of the Labor Code of the Russian Federation and 4p. Rules, data in the books must contain information about the employee, his position, transfers to other positions, dismissals, grounds for termination of working relationships, data on the employee’s successes, incentives, awards and punishments.

Information about official salary, bonus payments, allowances is not displayed in the work book . All cash payments are included in the collective agreement or labor acts, collective agreements. Entering information about wages and other payments is illegal.

Records of the employee’s temporary movements are not included in the labor document. They are registered in the employee’s personal card (No. T-2).

Change of labor obligations without changing department

Data on transfer to fill another vacant position in the previous structural unit must contain:

• serial number of the record itself;
• date of entry in the work book;
• entry “Transferred to position ___”, reason – paragraph of Article No. 72 of the Labor Code of the Russian Federation;
• registration data of the transfer order (number and date), seal (stamp) of the enterprise.

Changes in both labor obligations and structural unit

In the event of a change of employer and position, written approvals must be made. Recommended procedure if the initiator of the transfer is the employer:

• the manager of the host party sends a written request to the current employer. The request must contain information about the position being provided and the date of the proposed transfer;
• the current employer, having reviewed the request, must obtain confirmation from the employee;
• upon receipt of consent from the employee, the process of drawing up a confirmatory application for transfer is underway and sent to the personnel department of the employer enterprise;
• the corresponding fields in the work book regarding the termination of the working relationship are filled in, indicating the reason.

Recommended procedure in case the initiator of the transfer is an employee:

• a letter of resignation is written with the obligatory indication of its reason “In connection with the transfer to (name of enterprise) _____ to the position of ___”;
• the current manager must send a request to the receiving unit indicating the wishes of his employee;
• After confirmation, appropriate entries are made into the employment document regarding the employee’s dismissal.

The employee’s labor document must contain the following records of transfer (movement) to another position in another department:

• number in order of the entry itself;
• date of making entries in the work book;
• the entry itself “Dismissed due to transfer to (name of enterprise) position ___”;
• reason - paragraph 5, 77 of article “Labor Code of the Russian Federation”;
• number and date of the transfer order;
• seal (stamp) of the enterprise.

Dismissal by transfer, entry in the work book:

What to do if they do not issue a work book upon dismissal, and who should sign the work book upon dismissal - read here.

Step-by-step instructions for dismissal of a transfer initiated by an employee

1. The current employer receives a letter of invitation from an organization that is ready to hire his employee. It is drawn up in any form on the organization’s letterhead. It must indicate the position for which the employee is being hired and the approximate date of employment. Sometimes such a letter indicates the amount of the future salary, but this is not necessary.
2. An employee who wants to transfer writes a statement addressed to the head of the organization stating that he wants to resign due to the transfer.
3. After signing the application, a letter is sent to the organization that will employ the dismissed employee confirming the transfer. This item is optional, and the letter is drawn up for management’s consideration.
4. Next, the head of the enterprise creates an order, where it is necessary to indicate on whose initiative the transfer is being carried out “In the order of transfer at the request of the employee.” In addition, the order must make reference to clause 5, part 1, article 77 of the Labor Code of the Russian Federation.
5. After signing the order, it is registered in the Register of Orders for Personnel.
6. The order must be communicated to the employee in writing.
7. After this, in the employee’s personal card (T-2) on the fourth page, an entry is made about the employee’s dismissal, where a reference is also made to Art. 77 Labor Code of the Russian Federation. The employee must be familiar with all the records, after which he puts his signature on the card.
8. After this, a corresponding entry is made in the employee’s work book, according to the Instructions for filling out the work book. There are 2 recording options:

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In addition, the work book indicates the number of the dismissal order and its date. The entry must be made without abbreviations, certified by the seal and signature of the manager.

1. On the last working day, the employee is paid by issuing a settlement note (form T-61). Thus, the employee receives compensation for vacation and wages for days worked.
2. After which the former employee is given a work book. An entry about this must be made in the Book of Accounting for the Movement of Labor Books, where the employee puts his signature.
3. In addition to the work book, a certificate of salary for 2 months is issued.
4. After this, the dismissed employee is obliged to find a new job within 1 month.
5. When registering at a new location, a note is made in all relevant documents that it has been accepted for transfer.

Request

The new employer makes a request to transfer the employee or the current employer sends a letter to the new employer requesting the transfer of the employee.

Reply to request

The request must receive a written response with consent or refusal. The response is prepared in writing and sent to the address indicated on the request letter. If the current employer does not agree with the transfer, then the employee has the right to resign at his own request, having worked for the period prescribed by the Labor Code of the Russian Federation (2 weeks or a month). If the current employer is not against the transfer, then consent can be formalized in the following form:

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Statement

An employee's application for dismissal due to transfer must contain the following information:

• addressee's name;
• Full name of the employee;
• document's name;
• the essence of the statement;
• date, signature.

After the application is signed by the head of the organization, it is filed with the employee’s personal file.

Issuance of an order

According to Part 1 of Art. 84.1 of the Labor Code of the Russian Federation, the dismissal of an employee is carried out on the basis of an order signed by the head of the organization. The employee must be notified of the contents of the order against receipt. In addition, the administration of the organization can issue the employee a certified copy of the order. If the employee insists on this, the organization is obliged to give him such a copy.

To issue an order, the administration of an organization can use the unified form T-8 (approved by the Decree of the State Statistics Committee of the Russian Federation “On approval...” dated January 5, 2004 No. 1). It is not necessary to use this form, so the organization can develop its own version of the order.

The wording in the order must exactly correspond to subparagraph. 5 hours 1 tbsp. 77 Labor Code of the Russian Federation. That is, in the column “Grounds for dismissal” the following phrase must be indicated: “transfer at the request of the employee to work with another employer” with reference to this subparagraph.

Basic documents for registration of dismissal

All letters are written in any form. The application from the employee and the order from the manager must be drawn up in accordance with all the rules. Below we provide a table with which you can correctly draw up the necessary document.

Dismissal by transfer - entry in the work book

On the last working day, the employee must be given a completed work book with the corresponding notice of dismissal. Entries in the work book are made in accordance with paragraphs. 14 and 15 of the Rules, approved by the Decree of the Government of the Russian Federation “On Labor ...” dated April 16, 2003 No. 225. That is, the dismissal record must exactly repeat the wording of the order and the norm of the Labor Code of the Russian Federation, on the basis of which the contract is terminated. The entry is made without any abbreviations.

In addition to the work book, exactly the same entry must be made in the employee’s personal card. The employee becomes familiar with its contents by signing.

In practice, situations are possible when an employee cannot personally pick up a work book. Then the administration of the organization is obliged to send the employee a notification by mail about the need to pick up the document. After sending such a notice, the employer is relieved of responsibility for late issuance of the book.

Compensation upon dismissal by transfer

On the last working day, a full payment is made to the employee. Most often this is payment for his days worked and compensation for vacation.

Let's look at how compensation is calculated using an example.

Example: Let’s assume that an employee quits on June 30, 2016, but he did not go on vacation this year. If his annual leave is 24 days, then the company must pay him compensation for 12 days.

Working off

If a transfer to another organization is carried out on the basis of an employee’s application, the employer may require the employee to work for a two-week period. Similar calculation rules are established by Article 80 of the Labor Code of the Russian Federation.

This is due to the fact that the employee must notify the employer 2 weeks before dismissal.

The purpose of the notification is the need to find a new employee to replace the dismissed one. At the same time, by agreement of the parties, early termination of the employment contract may occur.

Leave on transfer

When an employee comes to work at a new place of work, his leave is not saved. He can go on vacation no earlier than in 6 months. The exceptions are:

• Going on maternity leave;
• If the dismissed employee is under 18 years of age;
• Registration of leave by an employee who is the adoptive parent of a child under 3 months.

Hiring an employee to a new location

After the current employer formalizes dismissal in connection with the transfer, the new employer is obliged to hire the dismissed person within a month without establishing a probationary period for him.

Changing a structural unit without changing job responsibilities

The transfer of an employee from one employer to another must be formalized as a dismissal by transfer, but not as a transfer. The work book must contain a record from the HR department about the dismissal of an employee from one organization and a record about hiring for a position in the order of transfer to another department.

A transfer (relocation) to the same position in another unit is completed as follows:

• serial number of the record,
• date of filling out the work book,
• the entry itself is “Dismissed due to transfer to department ___ for position ___”, the reason is paragraph 5, article 77 of the Labor Code of the Russian Federation,
• number and date of the transfer order,
• seal (stamp) of the enterprise.

Sample entry in the work book about dismissal in the order of transfer:

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

If an insert was used to make entries in the work record, then this should be reflected in the receipt and expenditure book for recording forms of work books and inserts.

Reasons for ending an employment relationship by moving to another company

The procedure is fully described in Art. 77 TK. In Art. 80 of the Labor Code lists the calculations that must be made by the employer upon termination of the contract with the employee. Dismissal by transfer to another organization can be carried out for various reasons:

• the employee independently wishes to change his place of work, for which he finds a new place of employment and obtains the consent of the new manager for the transition;
• a citizen wishes to get a job in another department of the same company, of which he notifies both the current manager and the head of the selected division of the enterprise;
• the head of another department invited a specialist working in a neighboring department;
• the company plans to carry out restructuring, on the basis of which the department is closed or renamed;
• The head of a company independently invites a specialist to transfer to his organization, for which permission must be obtained from the current director.

Therefore, initiative can be shown not only by the employee himself, but also by the heads of different organizations.

Responsibility of employers and employers for violation of rules

According to the articles of the Labor Code of the Russian Federation, it is prohibited to refuse an employee to conclude a new employment agreement (contract) if he was invited to transfer. The ban is valid for one month from the date of dismissal (Article 64 of the Labor Code of the Russian Federation).

For refusal of employment, the Code of Administrative Offenses of the Russian Federation provides for a fine ( from 500 to 5 thousand rubles ) and possible disqualification of the head of the enterprise.

The previous employer is also responsible. An employee has the right to appeal violations in court and reinstate him to his previous position ( Article 394 of the Labor Code of the Russian Federation ).

No abbreviations or acronyms are allowed when filling out fields in the work book. All records are made only by authorized officials, certified by seals (stamps), signatures of the company’s managers and the signature of the employee himself. A record of an employee’s dismissal is made directly on the last working day. Remember, the period for issuing a work book upon dismissal is limited. You also need to know what to do if an employee does not come for a work book.

Features of dismissal in the order of transfer to another organization

To better understand the depth of the issue, let's start with a definition.

Dismissal by transfer is the termination of an employee’s contract (employment contract) with one employer and its simultaneous conclusion with another employer.

For example, an employee occupies a permanent position in one organization, but he was offered a more profitable job at another enterprise. Then he can transfer from one place of work to another. In fact, the employee quits the old enterprise and gets a job at a new one.

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But before dismissing a transfer employee, the manager must have certain reasons. This is a letter of invitation from a future employer to a present one. Subject to the employee's consent and written request, the current manager may dismiss the transfer employee.

The Labor Code does not prescribe a clear algorithm for the manager’s action in this case. Mention of transfer to another organization can be found in Article 77 of this document. Therefore, when preparing documents for dismissal due to transfer, reference is made to Article 77 of the Labor Code of the Russian Federation.

In fact, business managers do not receive much benefit from this process. The same cannot be said about the employees. In case of dismissal in this way, the state protects the rights of the citizen, thanks to which he receives 100% employment.