Order on transfer of affairs upon dismissal: sample 2021, chief accountant, employee, director

The procedure for transferring cases is inevitable when dismissing employees of all ranks: from ordinary employees to managers and personnel officers.

Unfortunately, this procedure rarely takes place peacefully, without mutual claims and grievances.

In such a conflict, two parties are involved: the person who receives the cases, and the person who transfers them.

Most often, as practice shows, employees express dissatisfaction not with the very fact of transferring cases, but solely with the way this process is organized.

How should one proceed, what is the plan and procedure for carrying out the procedure, is it necessary to develop a transfer provision?

Who is obliged to transfer?

By transmitting documentation, time periods are demarcated. This refers to a period when responsibility for actions was given to different people. They are responsible for the safety of papers stored in the archives and the correctness of the data entered in the act.

Before drawing up an act, a commission is created that carries out verification and inventory. The results of such actions are reflected in the document. It allows you to specifically evaluate the performance of employees.

To initiate the transfer of authority from one employee to another, documents must be transferred. The management of the enterprise issues a corresponding order. The act is aimed at confirming the fact of termination of the employment relationship with the employee. Upon dismissal, a person transfers papers and assets of a material nature. It reflects that the company has no claims against the employee. Among the components of the act are:

day of compilation;
place of writing;
number assigned upon registration;
list of positions and information about responsible persons;
the reasons for which the inspection is carried out;
manual painting and printing.

The process solves some problems. This is ensuring uninterrupted work in all structures of the company, checking all papers and analyzing the quality characteristics of the work performed. In some situations, transferring is mandatory. Documentation confirms the acceptance and transfer of cases. Refers to a situation where the position involves material responsibilities. For example, these are cashiers or storekeepers. It will be necessary to carry out the transfer when the employment relationship with the head of the company is terminated.

The positions of chief financier and personnel officer require this procedure.

Is the employee required to transfer cases?

Let's decide on the purpose of the procedure for transferring cases. The purpose is that the resigning person thus informs surrounding former colleagues about the state of work affairs at the time of his dismissal.

Thus, the employee, as it were, reports on the work and at the same time gives his reasonable recommendations, instructions and tasks to the person appointed as his successor.

An employee leaving a managerial position and bearing material property liability transfers to his successor:

legal framework;
documentary base;
material base.

Important!
According to the law (Part 1, Article No. 192 of the Labor Code of the Russian Federation), the procedure for transferring cases is not mandatory. But if there is an employment agreement providing for this procedure, then ignoring it is regarded as a disciplinary offense.

Most managers include a clause in the employment agreement obliging them to transfer affairs in the event of dismissal.

But, it should be recognized that this paragraph applies to the party leaving the company and therefore does not make much sense.

Sample Plan

Russian legislation does not provide for a procedure called “Transfer of cases upon dismissal.”

But an employee holding a responsible administrative or material position must still carry out this process. Based on the cases transferred, the manager will be able to judge their condition.

Do not forget! The obligations of employees are regulated only by the terms of the employment agreement (or labor instructions), according to Art. Labor Code of the Russian Federation.

The dismissal process includes the following stages:

An employee writing a resignation letter.
Issuance of an order on behalf of management regarding the appointment of an inventory of affairs and property issued to the departing employee.
Carrying out the inventory process.
Comparison of the results obtained after the inspection with the initial data.
Transferring cases to either an authorized person or a new employee.
Approval and signing of the acceptance certificate.
Final settlement with the departing employee.

For convenience, a documentary version of the case transfer plan can be created, and it can include:

transfer plan upon dismissal of an employee – word.

Is it necessary to develop Regulations?

The answer to this question is clearly positive, despite the fact that the process of transferring business is, in fact, a formality that is not always followed in the company.

But at the same time, there is a list of key positions, the dismissal of which requires an official order (order) and a transfer plan:

Director position. This person has the widest sphere of responsibility: seals, documents, licenses, many contacts and contracts are concentrated in his hands. Upon his dismissal, a clear list of transferred cases and papers is needed. Therefore, an appropriate order is necessary.
Position of chief accountant. This is the main financially responsible person responsible for the safety of all reporting and registers. Therefore, the process of transferring cases from one chief accountant to another is regulated in Part 4, Ch. 4, art. No. 402 Federal Law of the Russian Federation. Read about the dismissal of the chief accountant here.
HR position. This is the main financially responsible person for all personnel documentation. Therefore, the process of transferring documents is carried out through an inventory and drawing up an acceptance report from the outgoing staff member to the new one.
Position of department head. This person is responsible for a wide range of professional issues and is personally responsible for production and subordinates.
The position of an ordinary employee with financial responsibility. Such employees are cashiers, storekeepers, etc.

Keep in mind! When such an employee is dismissed, the company issues a transfer order. This order, regardless of the position, must be issued strictly before the day of termination of the employment agreement.

After termination, the former employee will not be required to visit his previous place of work and spend personal time on other people's affairs.

The universal sample order for the transfer of cases should contain:

Date and place of compilation.
Grounds for issuing the order.
Indication of the position, full names of responsible persons.
Other important points.
At the end - the manager’s visa and stamp.

order on the transfer of affairs when leaving work - word.

Procedure for the departure of a director

The dismissal of a manager is a step-by-step procedure, the key component of which is the transfer of affairs to new management.

One document can be taken as the legal basis for the procedure - the 1990 Law “On Banks and Banking Activities” No. 395 - 1.

The general director (manager) of a company is a person bearing financial responsibility.

Therefore, before transferring cases, you should make a property inventory.

In 2021, a transfer and acceptance certificate is required.

The content of this act is individual in nature, since it is determined by the characteristics of the transferred cases and the scale of the company’s activities.

Important! The acceptance and transfer certificate must be as detailed as possible.

According to this act, an audit of the transfer of originals of the following documents is carried out:

constituent documentation;
banking documentation;
documents confirming the company's rights to own property;
license package and other permitting documentation.

Note! In accordance with the inventory, which is attached to the acceptance and transfer certificate, the new manager accepts from the hands of the previous one: stamps and seals, keys to safes and bank deposit boxes, company valuables, equipment items and all contact information for partners.

The procedure for drawing up the act must be carried out by a special commission. It includes company employees holding responsible positions.

Upon termination of the contract with the chief accountant

The chief accountant bears an enormous amount of responsibility, so the law regulates the process of transferring accounting matters from a departing specialist to a new one.

Starting from 2011, according to the Federal Law of the Russian Federation “On Accounting” No. 402, an accountant must keep records and prepare all financial statements.

Upon dismissal, it is reasonable to assume that he will carry out in detail the transfer of all affairs to his successor on the basis of the acceptance certificate. But in 2021, the employer has no right to demand this from an accountant.

Therefore, one true and proven method is often used: they hire an assistant for the period of the former specialist’s work. This assistant, being next to the accountant, delving into all matters, automatically accepts them.

Read more about the dismissal of the chief accountant in this article.

If MOL resigns

Management's order to dismiss a materially responsible employee serves as the reason for conducting an audit. The audit process includes the following steps:

recalculation of all valuables entrusted to the employee (condition, degree of wear, price taking into account depreciation);
drawing up an act on the transfer of valuables to a new employee.

The procedure for transferring property assets from a previous employee to a new one must be accompanied by an act of acceptance and transfer. The act is endorsed by two parties:

Departing employee.
New employee.

Keep in mind! After the act is endorsed, the agreement with the previous employee on his financial responsibility loses all force, and responsibility passes to the new specialist.

The transfer of valuable property must be carried out within 14 days - during the working period. Keeping and not releasing an employee who wants to quit, even while maintaining his salary, is considered illegal.

Read more about the dismissal of a financially responsible person and the transfer of property here.

The process of transferring cases when an employee leaves

Before terminating a relationship with an employee, the organization’s management asks that the affairs be transferred to the person who will take the position. The procedure is not mandatory. The general rule indicates that the employee has no obligation to transfer documentation. An exception is the situation when such an obligation is reflected in acts of local significance.

Dismissal from some positions requires such a procedure. For example, this happens when the relationship with the main financier of the enterprise is terminated. The transfer should not prevent the dismissal of the employee. The day of termination of the employment agreement is determined in accordance with the law or agreement of the parties to the relationship.

What is an act of acceptance of the transfer of personnel documents?

The act in question is drawn up if the organization changes the person responsible for storing and compiling personnel documents. Despite the fact that the procedure for transferring cases is not regulated by law, it is very important to pay close attention to it. This will avoid further confusion in personnel records.

The process of transferring cases can be divided into several stages:

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Formation of a commission responsible for the transfer of cases. The commission includes the management of the organization and persons responsible for maintaining personnel document flow, for example, the head of the personnel department, accountant, lawyer, etc. In addition, the commission must include the person to whom the personnel documentation is transferred.
Checking available personnel documents, their correctness, and compliance with storage procedures. This stage allows you not only to assess the current state of personnel document flow in the organization, but also to determine what steps should be taken to bring the company’s documentation in order. In addition, if the company uses software for organizing the circulation of documents, the check allows you to determine the correctness of its use.
Drawing up an act of acceptance and transfer of personnel documents. It reflects the documents that are transferred by the old responsible person to the new one.

What documents are being transferred?

Work should not reflect relationships with management or personal reasons for terminating employment. An employee must behave competently, otherwise he will not be able to receive positive recommendations from the company’s management. The transfer process is represented by certain actions. Initially, they create a commission, carry out verification activities of papers and draw up an act.

Depending on the position a person worked in, the list of papers that he must submit varies. For example, if this is a personnel officer, then he transfers the personal files of the company’s employees, orders and other regulations relating to his activities.

general information

Organizations submit documents to third-party archives if their storage periods have expired or there is a liquidation or reorganization of an enterprise or company. The procedure is carried out in a strict manner: the organization enters into an agreement with the archive, draws up an inventory of documents, archive workers conduct a thorough check and examination of their scientific and practical value, forming files, correcting errors before the papers enter the archive. The procedure is carried out in the presence of a representative of the organization submitting the cases.

Along with the files, the archive worker must provide a historical certificate to the company (when first contacting the institution), a letter addressed to the manager, which indicates the number of cases and their latest dates, a list of cases in 3 copies with prefaces. Also, if necessary, they provide a certificate documenting the incomplete preservation of files or individual papers in them.

The archive accepts files for storage only after examining the documents according to the inventory and signing the acceptance certificate.

If a company submits documents to its own archive, the procedure is almost the same. Documents are prepared by the responsible employee of the department, if necessary, after consultation with clerks, accountants, etc. The papers are handed over with an inventory, and after checking the documents, an employee of the archival department signs an act of acceptance and transfer of cases.

For your information! Work with archival papers is regulated by Federal Law No. 125 of October 22, 2004 (Federal Law “On Archival Affairs in the Russian Federation”).

What is stated in the act?

Production rules say that a document has a standard form. There are no special difficulties when filling it out. Initially, the name of the paper being compiled is indicated. The essence is reflected briefly. You need to enter the name of the city where the company is located and the day it was compiled.

Information regarding the company issuing the paper is entered. This is the full name and indication of the direction of work. They indicate what position the responsible person holds. The personal data of the manager is subject to reflection.

After this, information regarding the second participant is reflected. This is the name of the enterprise, the surname and initials of the person responsible for a particular area. Next, a complete list of papers to be transferred is prescribed. The document is drawn up when the transferred papers are of valuable value.

Act of transfer of personnel documents - sample and list of information that should be contained in it

The law does not impose requirements on the act, so it is drawn up on the basis of the general rules applied to the organization of personnel records management. Within a particular company, management may approve a local act containing a sample (or form) of a document acceptance and transfer certificate. In this case, when drawing up the act, you should be guided by local documentation.

The transfer acceptance certificate may include the following information:

Name of company.
Title of the document.
The date it was compiled.
Place of origin (the locality where the organization is located).
Information about the person transmitting personnel documentation (full name, position).
Information about the person receiving the documents (full name, position).
A list of transferred documents indicating their quantity and the periods during which the documents were compiled.
Notes.
Signatures of the receiving and transferring workers.
Transfer date.

A sample act of acceptance and transfer of personnel documents can be downloaded from the link.

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Thus, the act is drawn up in any form. The information contained in the article will allow you to fill out the document correctly, and the sample illustrates how to do this.

When the director leaves

The process of terminating labor relations with the management of an organization is represented by several stages. The main point is when the transfer of affairs to the new director occurs. Before terminating an employment agreement, it is required to conduct a property inventory.

Based on the results of the procedure, an acceptance certificate is generated. The content of the document is individual. This is due to which cases are subject to transfer and the type of activity. Upon acceptance, it is necessary to draw up as detailed a paper as possible. You need to submit documents of constituent and banking significance.

Deeds are required indicating the existence of rights regarding the property and license. An inventory of the transferred items is compiled. These include seals, keys to offices and deposit boxes registered in the bank. The process is carried out by members of the commission.

If a financially responsible person resigns

The basis for conducting an audit upon dismissal of a responsible person is an order issued by the head of the company. The audit includes a recount of all things that were entrusted to the employee. It is necessary to describe the condition in which they are, the level of wear and cost. It is determined by taking into account wear and tear. You need to draw up an act and transfer the valuables to the new employee. The document is signed by two people. This is rehiring and resigning.

When the specified act is signed, the employment agreement with the responsible person loses force. Responsibility is transferred to the new employee. Items will need to be handed over within two weeks. The countdown begins from the moment the application for termination of the contract is submitted.

Dismissal of employees at their own request

Termination of an employment contract is regulated by Chapter 13 of the Labor Code of the Russian Federation. And the rules for terminating an employment contract at the initiative of an employee are prescribed in Article 80 of the Labor Code of the Russian Federation.

According to the general rules, in order to resign of your own free will, you must notify the employer in writing no later than two weeks in advance. The countdown of this period begins the next day after the employer receives the employee’s resignation letter.

In what cases are two weeks not worked out?

It is also possible to be dismissed without working the mandatory two weeks, when the employer is obliged to terminate the employment contract within the period specified in the employee’s application. Let us list the following cases:

agreement between the employee and the employer (written form is required);
inability to continue working, for example, in cases of enrollment in an educational organization, retirement in this case, supporting documents must be attached to the application;
violation by the employer of labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract.

Also, an employee on a probationary period does not adhere to the two-week warning period (Article 71 of the Labor Code of the Russian Federation). The notice of dismissal in this case is calculated at three days. What does it mean? The employer, if the test result is unsatisfactory before the expiration of the test period, terminates the employment contract with the employee, warning him about this in writing no later than three days in advance. The employee can also give the employer three days' notice to terminate the employment contract if, during the probationary period, he comes to the conclusion that the job offered to him is not suitable for him.

Increasing the notice period for dismissal, for example, if they are specified in the employment contract, is illegal.

Legal ways to avoid working for two weeks

After writing a letter of resignation, the employee can go on sick leave or vacation.

The employer will not be able to prevent the provision of vacation if the vacation is on the schedule. If the employee expresses a desire to go on vacation earlier, this method is essentially an agreement between the parties.

While on sick leave, an employee can resign of his own free will, but it is impossible to dismiss on the initiative of the employer during an employee’s illness.

Transfer of cases within two weeks before dismissal

Often, before dismissal, employers require that matters be transferred to a new employee. The referral procedure is not mandatory. As a general rule, an employee is not obliged to hand over business to his successor. But if the employment contract or local regulations provide for such an obligation, failure to fulfill it is a disciplinary offense (Part 1 of Article 192 of the Labor Code of the Russian Federation).

The transfer of cases is regulated upon dismissal for chief accountants. Federal Law No. 129-FZ specifies the area of responsibility. Within the framework of this responsibility, documents are transferred (for example, reports, results of inspections and audits).

Even if the procedure for transferring cases is provided for by a regulatory legal act, an employment contract or a local regulation, it should not prevent the dismissal of an employee. The date of dismissal is determined by law or by agreement of the parties and cannot be shifted depending on whether the employee transferred the business to his successor or not.

Only a person with whom an employment contract has already been concluded can accept work. Otherwise, there are no grounds for the successor to sign the act of delivery and acceptance of the cases.

Registration of termination of an employment contract

During these two weeks of “working out,” the employee has the right to withdraw his application at any time. Dismissal in this case is not carried out unless another employee is invited in his place in writing, who, in accordance with the law, cannot be denied an employment contract. If, upon expiration of the notice period for dismissal, the employment contract is not terminated and the employee does not insist on dismissal, then the employment contract continues.

After working for two weeks, the employee has the right to stop working. On the last day of work, the employer is obliged to issue the employee a work book and other documents related to the work, upon the employee’s written application, and make a final payment to him. In 2020, there will be a gradual transition to electronic work books (Federal Law No. 439-FZ). Therefore, if an employee, instead of a paper work book, contains information about his work activity in electronic form, the employer provides this information in the manner specified in the employee’s application. What methods are possible? In the form of a paper document with a signature and seal or in the form of an electronic document signed with an electronic signature.

Transfer of cases to the personnel service

The legislator has not developed a unified list for personnel officers. This means that for each organization such a list will be individual. However, the company must complete some paperwork. For example, this is the state schedule. The provisions are fixed in the labor law.

Within the enterprise, routine rules are established and its own regulations apply, in accordance with which people’s work is paid. A mandatory act is a schedule reflecting the order in which workers go on vacation.

Personal data is processed on the basis of a separate act issued by the company management. A card must be created for each employee and rules regarding labor protection must be developed. Time worked is subject to recording. This is implemented on the basis of the specified timesheet. Labor agreements are signed with employees and work books are filled out.

The movement of this act occurs on the basis of law. Control measures are subject to reflection in a special journal. The document must be in organizations. Company management is developing orders affecting personnel.

They spell out the process of hiring, reduction, and dismissal. Personnel officers maintain documents indicating transfers to other jobs and the provision of rest. Business trips are recorded in acts. The orders affect the core activities of enterprises.

Procedure for dismissing a director

So, what actions should be taken if it becomes clear that the dismissal of the director for any of the reasons discussed above is inevitable?

Prepare the minutes of the general meeting of participants or the decision of the sole participant to terminate the employment contract with the director. The document must indicate the reason for the dismissal of the director. The basis may be the director's statement of resignation at his own request; agreement of the parties; decision of the participants to terminate the employment contract with the director; a report on the director’s actions under Article 81 of the Labor Code of the Russian Federation.
Issue an order to terminate the employment contract in Form No. T-8 and register it in the journal.
Accept from the head the affairs and property of the organization according to the act.
Make payment of the last salary, compensation for unused vacation, severance pay, and other agreed payments based on the calculation note.
Enter a notice of dismissal in the director’s personal card in Form No. T-2. The entry on the manager’s card must be reviewed against signature.
Make a note of dismissal in the work book and hand it over to the director.
Notify the bank about the termination of the director's powers.
Within three working days from the date of transfer of the director’s powers to the new director, inform your INFS about changes in registration information in form P13014.

For more information on how to inform the tax office about a change of director, read the article “Changing a director in an LLC: step-by-step instructions for 2021.”