Hiring by transfer: a sample order from another organization, an employment contract and application, as well as actions and recommendations for registration YurExpert Online

Often, the expansion of a company (opening additional branches) leads to the emergence of vacancies in the organization and requires the hiring of new employees. The employer does not always have time to train and introduce newly hired workers to the intricacies of production processes. A way out of the situation is to hire the required employee by transfer from another organization or the main office. Let's try to figure out what types of translation are possible and how to do it practically.

Legislation

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

Interior	External
The same employer remains, only the position and functions of the employee change.	The leader is changing. The position and responsibilities may be the same or new.

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

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 transfer.

In the case of an internal transfer, of the employee and his structural unit may change

Internal transfer can be either permanent or temporary.

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

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

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

Reasons for the procedure

The employer has the authority to transfer the employee to a new place due to constant downtime at the previous one.
There are times when an accident, fire, catastrophe or other force majeure occurs, in which it is necessary to urgently relocate valuable personnel.
When opening new branches located in other cities, regions and regions, some of the employees may also be transferred there.

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.

Features of transfer at the initiative of the employer

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

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

For greater clarity, consider a detailed example:

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

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

Sample entries

Drawing up the main document of an employee requires serious consideration. When making entries in the labor record, the following basic rules must be observed:

Any entries in the employment document can be made if there is a valid and signed order. Any action may be considered false without an order.
Entries are made in Russian, in block letters or legibly by hand. Corrections and blots mean an error.
The wording with dates is fully consistent with the text of the order document.
If an employee lives in another republic, it is allowed to write information in several languages at the same time. But Russian is required.
To prevent mistakes and inaccuracies, examples of making such entries with further use of the finished sample are first considered. The employee does not have the right to independently make changes to the work book.

The entry is made as follows:

The last entry is found and the line is indented.
The change number following the previous one is entered.
The exact date of execution of the transfer is indicated. Changes should not be carried out even for a day.
An indication of the position to which the person was transferred is given. The reason for changing jobs is not required. The repeated name of the enterprise is not affixed.
The order number is recorded and the entry is signed by the manager.

Attention! Some employers mistakenly do not record a temporary transfer. But problems may begin when the second employee returns from vacation or sick leave. And also in the process of calculating length of service, all records of the labor document are taken into account.

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

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

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

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

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

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

Application sample

Order for employment

Order of dismissal

Features of translation for a new manager

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

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

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

Registration process

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

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

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

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

Is it possible to transfer unused vacation during a transfer?

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

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

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

How to fill out a work book when transferring?

The work book is prepared in the following columns:

First column	Second	Third – “Job information”	Fourth
The serial number of the entry is entered	The fields for the date of dismissal are filled in, indicating the day, month and year. The subsequent director enters the date of employment.	The reason for dismissal is indicated - transfer at the initiative of the employee to another employer, the basis is clause 5, part 1 of Art. 77 Labor Code of the Russian Federation. The signature of the personnel officer and the seal of the organization are affixed.	Indicate the name of the document on the basis of which an entry is made into the labor record - an order, the date of its execution and number

Place of work in the employment contract

Speaking about structural units, it is necessary to decide on such a condition of the employment contract as the place of work. In accordance with Art. 57 of the Labor Code of the Russian Federation, the employment contract must indicate the place of work, and in the case when an employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another area, the place of work indicating the separate unit and its location.

It is not specified what is meant by the term “place of work”. Therefore, someone indicates the name of the organization, someone a city or other locality, and someone the exact address.