Dismissal by transfer to another organization: registration procedure and documents

Content

• Features of dismissal in the order of transfer to another organization
• If the manager refuses to let the employee go
• Translation and processing
• Types of transfers
• Options for dismissal in order of transfer to another organization
• Step-by-step instructions for dismissal of a transfer initiated by an employee
• Dismissal of an employee by his consent (the initiative comes from the manager)
• Basic documents for registration of dismissal
• Compensation upon dismissal by transfer
• Leave on transfer
• Who can be dismissed by transfer?
• Advantages and disadvantages of dismissal
• Conclusion

Employees' right to leave

Since the dismissed employee receives compensation for the remaining unspent vacation days, at the new workplace, the calculation of the length of service for the right to vacation begins again. Article 122 of the Labor Code of the Russian Federation determines that the employee has the right to receive leave 6 months after the start of work in the organization. When translating, the same procedure applies.

Sometimes employees have a desire to negotiate with employers to preserve the time worked in order to obtain the right to vacation by waiving compensation. This seems easy, especially if the two companies have the same founder.

Please note! The law is strict in this regard: such refusal of compensation is not allowed.

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.

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.

Registration of documents at a new place of alternative civil service

Having arrived at the organization specified by the order, the employee performing alternative civil service presents to the new employer the labor documents provided by him for concluding an initial fixed-term contract.

In turn, the employer, in whose organization the employee will subsequently perform alternative civilian service, draws up a fixed-term employment contract with this employee for the duration of his service at his enterprise.

Within no more than three days, the employer is obliged to notify the executive body in whose department the enterprise is located and the military commissariat that sent the citizen to perform alternative service, about the conclusion of a fixed-term employment contract with the citizen transferred to perform further alternative service at his enterprise.

If the manager refuses to let the employee go

If an employee has expressed a desire to resign by transfer, but his employer is against this, then the employee has no choice but to leave of his own free will. In this case, the employee is left without protection before the new manager.

That is, if dismissal occurs due to transfer, then the receiving party must employ the employee within a month, otherwise he may go to court. By a court decision, they can either reinstate him to his previous place of work, or oblige the head of the receiving enterprise to hire this employee.

If the dismissal occurs at will, then there will be no one to file a claim with.

Conditions and grounds

The Labor Code of the Russian Federation prohibits the transfer of an employee to another job if the employee does not agree to this.

In Art. 72 of the Labor Code of the Russian Federation regulates the reasons why an employee can be transferred to another workplace without his consent.

An employee cannot be transferred to a job that doctors prohibit him from performing.

A new job can be either temporary or permanent for an employee.

Employees move from one job to another with the knowledge or order of the employer.

The employee himself may also express a desire to be transferred to another job.

Types of transfers

Dismissal due to transfer can be external or internal.

Internal transfer (transfer within the company) is when the employer remains unchanged, but the employee’s position, place of work, etc. changes. Such a transfer can be either permanent or temporary.

External transfer (transfer to another company) – occurs when an employee moves from one employer to another. At the same time, at the new place of work they are required to hire him only for a permanent position.

In any case, the employee’s consent is a prerequisite for the transfer.

New employer guarantees

The transfer of an employee to another place of work is associated with the execution of a new employment contract. According to the Labor Code of the Russian Federation, Article 64, the period for processing employee documents cannot exceed one month from the date of dismissal from the previous place of work. Problems that an employee has with a new organization, from delays to refusal to draw up an employment contract, are grounds for the employee to go to court.

Do not forget that the period of 1 month during which guaranteed employment occurs is an absolute value and cannot be extended either during holidays or due to temporary disability (illness). An employee who exceeds the period allowed by law to maintain job security loses the legal right to job security.

Options for dismissal in order of transfer to another organization

There are several options for dismissing transfer employees. It all depends on who takes the initiative.

Option 1: The employee independently found an organization where he would like to work.

If the head of this organization is ready to hire an employee, then he writes a letter of invitation addressed to the current head, where he confirms that he is ready to hire his employee.

This written notice will be mailed or personally delivered to the incumbent. If he agrees with the transfer, the employee writes a letter of resignation in the order of transfer, on the basis of which a dismissal order is issued, an entry is made in the work book, personal card, final payment is made, and documents are issued in person (work book and income certificate for 2 years).

With them, the employee goes to a new place of work, where he is hired.

Option 2: The initiative comes from the manager.

There are times when an organization urgently needs to reduce its workforce or fire some staff. In this case, the employer can independently find a new place of work for the employee. Managers discuss all the nuances and receive written consent to the transfer from the employee. A tripartite agreement is signed, which specifies the position, salary, working conditions, etc.

What follows is the standard translation procedure.

Each of these options has its own characteristics. Therefore, any manager needs to know and be able to fill out all the necessary documentation. Now we will analyze each translation option in detail so that you know all the intricacies of this procedure.

Organizational issues regarding departure to a new place of work

Government Decree No. 256 of May 28, 2004 regulates the maintenance of employee labor documents. If he is transferred to another place of work, the employer terminates the existing fixed-term contract and makes a financial settlement with the employee. Next, he issues the employee an account card and a work book, with the relevant entries made in them in accordance with the procedure established by law. Against signature, the employer issues an official order to the employee to leave for the place of new duty, indicating the deadline established for this.

By further action, the employer notifies the organization that is the employee’s new place of work about the time when the employee will begin to perform his job duties related to alternative civilian service. In addition, the employer is obliged to notify the military commissariat that issued a referral for alternative civilian service to this employee and notify the territorial organization of the Federal Labor and Employment Service about the fact of transfer of the employee to another place for alternative civilian service.

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:

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.

Is it possible for an employee to resign at will?

Dismissal by transfer can also be carried out at the initiative of the employee himself . In such a situation, the employee draws up a letter of application and sends it to his employer.

However, before resigning by transfer at will, the employee must agree on the date of cancellation of the employment contract (agreement) and acceptance of a new job with his employer and the future head of the organization to which he will be transferred.

• If the parties were unable to reach a compromise, then the employee may leave work of his own free will on the basis of Part 1 of Art. 80 Labor Code of the Russian Federation.
• If the structural unit where an employee works, his workplace changes, or he is entrusted with the same work, but on different equipment, a new employment contract is not concluded and the employee’s consent is not taken.
  The key point here is maintaining the terms of the contract. Such organizational issues can be resolved in a simplified manner if the position, working conditions and pay do not change.

How to write a letter to an employer?

An application for dismissal by transfer at will is addressed to the current employer in the person of the head of the company. Such a document contains the following information:

1. name, position and full name of the current employer;
2. position and full name of the applicant;
3. request for dismissal;
4. full name of the company (firm) where the employee will be transferred in the future;
5. details of a letter of request from a specific organization to hire a specialist;
6. personal signature;
7. date of document execution.

A letter of request from a new employer must be attached to your application . Based on this document, the new head of the organization will be required to draw up a new employment contract (agreement) with the dismissed person. Moreover, this must be done within one month from the date of dismissal of the employee from his previous job (Part 4 of Article 64 of the Labor Code of the Russian Federation).

Dismissal of an employee by his consent (the initiative comes from the manager)

This version of the transfer procedure is similar to the previous one, so we will not repeat ourselves, but will talk about the differences and features of the transfer on the initiative of the manager.

1. The heads of enterprises agree among themselves that one fires the employee, and the second hires. This can be confirmed by a letter of invitation (as in the first option).
2. After this, the employee himself must be familiarized with the upcoming transfer. He must be told in writing about the position he will hold, the working conditions, and the salary amount. If an employee does not agree to a transfer, then no one can force him to change his job.

If the employee agrees to the transfer, he can write “I agree to the transfer” on the written notice, adding a date and signature. A tripartite agreement is drawn up.

1. After which the receiving party receives a confirmation letter.
2. At an enterprise where an employee is fired, the manager issues a dismissal order, which states that the dismissal occurs with the consent of the employee. It is also necessary to refer to Article 77 of the Labor Code of the Russian Federation.
3. After which, appropriate entries are made in the work book and personal card, which also indicate that the dismissal is carried out with the consent of the employee . A sample record of dismissal in the order of transfer in the work book was discussed earlier in the first version.
4. All records and orders must be presented to the employee against his signature.
5. A settlement is made with the payment of all compensation, after which a work book and a certificate of income for 2 years are issued.

Also read: Dismissal of employment by agreement of the parties.

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.

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.

Will the transfer affect the rights of employees to pensions and sick leave?

Many working citizens are concerned about whether a transfer to another organization will affect the length of service required to assign the required pension or the payment for sick periods. You can be calm about this.

According to the current procedure, insurance coverage is taken into account when calculating pension benefits, and we are not talking about continuous service here at all. Therefore, only the duration of the employee’s work activity, confirmed by the necessary documents, is important.

When transferring, usually dismissal from one company and admission to another occurs without a temporary break. That is, a citizen, for example, was fired on February 1 and hired on February 2. In this case, there is no loss of insurance experience at all.

With regard to payment of sick leave, the procedure is almost the same. Since 2007, the law has required that only insurance coverage be taken into account when calculating sick leave. Continuity of employment does not matter in this case. In addition, as mentioned above, when transferring, admission to a new organization usually occurs immediately after dismissal, so that seniority is not lost.

Who can be dismissed by transfer?

Any employee can be fired in this way if they have given their consent or taken the initiative on their own. Single mothers, mothers of many children, women on maternity leave, etc. fall into this category.

Also read: Is it possible to fire a pregnant woman and the procedure for dismissal during vacation.

Advantages and disadvantages of dismissal

We will consider all the positive and negative aspects of dismissal due to transfer in the table.

Pros and cons of this procedure

As HR practice shows, transferring to another organization is more beneficial to the employee himself.

In particular, the employee receives the following benefits:

• Guaranteed employment at a new enterprise (company) within 30 days after leaving the company (enterprise).
• The probationary period at the new place of work does not pass (Article 70 of the Labor Code of the Russian Federation).
• In agreement with higher management, he does not undergo two-week work at his old workplace.
• Receives monetary compensation for expenses for moving to another locality if a new place of work is located there.
• In some cases, he goes on vacation at a new place before six months of work. This rule applies only to employees going on or returning from maternity leave, as well as persons under 18 years of age.

However, in addition to the advantages, such dismissal also has disadvantages.:

• the new employer gives leave until the expiration of six months from the date of employment only to certain categories of employees, and not to all new transferred persons;
• in case of transfer, you cannot withdraw your resignation letter;
• At a new job, the same salary is not always maintained.

For an employer, transferring an employee to another company (enterprise) can be beneficial in a situation with staff reduction or liquidation of the enterprise. Indeed, in this case, the head of the organization does not pay the dismissed person the required severance pay.