Dismissal by transfer to another organization in 2021: sample application, entry in the work book, article in the Labor Code of the Russian Federation

Types of transfers

Labor legislation provides for the possibility of transferring an employee of two types.

With an internal transfer, the employee is registered in the same organization, but either moves to another unit (for example, department), or begins to engage in another activity with a change in position. It happens that the organization itself changes its actual address. Then the employee’s start of work in another locality is also accompanied by a transfer. Internal transfer is allowed on a temporary or permanent basis.

An external transfer involves a change of employer. In this case, the new position upon transfer can only be permanent.

External transfer is allowed only with the consent of the citizen himself.

For internal transfers, the law in some cases makes exceptions, allowing the employer to make such a decision unilaterally (Article 72.2 of the Labor Code of the Russian Federation). We are talking about emergency cases that require immediate action, for example, accidents, disasters, etc.

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Procedure for registering a transfer to another position

The translation processing algorithm depends on its type. To assign a person to perform another job on a permanent basis, the employer must follow the following procedure:

1. Conclude an additional agreement.
2. Issue an order for transfer to another position.
3. Make an appropriate entry in your work book.
4. Enter information about the appointment in the employee’s personal card.

The additional agreement specifies all new conditions offered to the employee. In particular, the title of the position, salary, work schedule, and so on. This document is drawn up in two copies, which are certified by both parties. Each party to the agreement retains one copy. Then an order is drawn up, the rules for its execution will be discussed below.

On whose initiative the translation can be made

If the transfer is carried out at the request of the employee himself, the basis for issuing the order will be the citizen’s application. To avoid misunderstandings, in this case it is recommended to obtain written confirmation of the upcoming employment from the future employer, otherwise - an invitation.

In this case, the specialist can be sure that he will be hired for a new position no later than in a month, and he will be paid for relocation if necessary.

In any case, you should inform the potential employer in advance about your desire to receive a transfer. The entry in the work book will contain an indication of the employee’s own desire. In case of transfer, the new employer does not have the right to refuse to hire the citizen. If there is a refusal to conclude an employment agreement, the organization will face penalties.

When transferring, the law provides another guarantee - new employees are prohibited from installing a test.

An employee who wishes to move to another organization is required, as a general rule, to work for a specified period, which is a maximum of 14 days. The reason is to respect the interests of the employer, who will need time to select a new employee to replace the departing one.

It happens that the transfer occurs within the framework of an agreement between cooperating companies. For example, an organization ceases its activities, but wants to employ its employees by transferring them to vacant positions. Then, taking into account the consent of the employees, an appropriate agreement is drawn up.

First, the administration of the closing enterprise sends a request to the second employer regarding the possibility of transferring a specific person. A request for several specialists at the same time is allowed. If the second organization agrees, it confirms this with a response letter. Then the first employer issues an order(s) regarding dismissal.

What to do if an employer violates an employee's rights?

Employee transfer

The employee may be transferred to permanent work with another employer.
Such a transfer is possible by mutual consent of the employee and his new employer. If the receiving party, a new employer, wishes to transfer an employee from another company to itself, it makes a request in the form of a letter to dismiss the employee from this company by way of transfer. The letter is drawn up on behalf of the head of the receiving party and addressed to the management of the company from which they want to transfer the employee.

If agreement is reached, the employment contract at the previous job with the employee is terminated (Clause 5, Article 77 of the Labor Code of the Russian Federation). Therefore, an employee’s written application for dismissal in connection with a transfer to another organization can be considered as consent to a transfer. When dismissing an employee, the previous employer must pay him compensation for unused vacation (if any) or give him the opportunity to take time off, and then fire the employee. In this case, the day of dismissal is considered the last day of vacation (Article 127 of the Labor Code of the Russian Federation).

A new employer does not have the right to refuse to hire an employee invited to him by way of transfer within a month from the date of dismissal of the employee from his previous place of work (Article 64 of the Labor Code of the Russian Federation).

Read in the berator “Practical Encyclopedia of an Accountant”

How to correctly transfer an employee to another employer

How to properly transfer an employee to a new company

notifications of employee transfer free of charge in word format

Step-by-step instructions for transferring an employee look like this.

Stage 1. Proposal of translation. An employee who is expected to be transferred to another company is notified of this possibility in writing. The letter must contain clear conditions of the proposed job: title of position, amount of payment, etc.). This procedure, like the subsequent ones, is repeated for each specialist.

Stage 2. Obtaining documented consent of the employee. Consent must be expressed in writing.

It is allowed to draw up a separate document with the signature of the employee or make an appropriate entry of consent on the received notification.

Stage 3. Issuing orders and formalizing labor relations with the new employer.

order to dismiss an employee (form T-8) free in word format

Current instructions require the use of approved forms to complete the transfer.

You will need to do the following:

• the former employer - issue an order regarding the dismissal of one or more employees using form T-8 or T-8a, respectively. The forms were introduced by the State Statistics Committee of the Russian Federation (Resolution No. 1 of 01/05/2004). Form T-8a is intended for registration of dismissal of several persons. In the column intended to indicate the grounds for termination of the contract (agreement), information about the transfer to another organization should be entered. For example, in this form: “Transfer at the request of the employee to the Niva Closed Joint Stock Company.” When indicating the date of termination of the employment contract, you should enter the date preceding the day of admission to the new company. When entering information about the basis document, you can use the details of the transfer offer submitted to the employee, on which he confirmed his consent in writing. It is recommended that this document be considered an annex to the order,
• for a new employer - to conclude an employment contract with an employee who comes as a transfer from another organization in accordance with the requirements of Art. 57 Labor Code of the Russian Federation,
• if we are talking about hiring several workers at the same time, it is recommended to use the T-1a form approved by the previously specified Resolution.

Employees must familiarize themselves with each of the orders and sign for it, as prescribed by the provisions of Art. 84.1 and 68 Labor Code of the Russian Federation.

Stage 4. Entering data into work books in accordance with the Rules established by Decree of the Government of Russia No. 225 of April 16, 2003.

Important! Entries in the record book of an employee dismissed due to a transfer include:

• information about dismissal due to transfer in accordance with Art. 66 Labor Code of the Russian Federation. The same entry is duplicated in the employee’s card according to the T2 form. Entries in the employee’s book and his dismissal card are accompanied by a mandatory signature from the citizen that he is familiar with them (clause 12 and clause 35 of the previously mentioned Rules),
• information that the employee has been accepted into another organization in accordance with the transfer procedure.

Stage 5. Payments to employees on the day of dismissal.

Watch the video. How to properly process an employee transfer:

Legislative guarantees when transferring to another organization

If an employee asks for a transfer, everything is clear in this case. Increased wages, close location of the office and other factors may cause such a desire by the employee.

If we are talking about an employer’s offer, then the transfer may be due, say, to production needs, the need to fill a vacant workplace, or other factors.

Registration of employee transfer

According to the norms of the current labor legislation, the possibility of transferring an employee to another organization, which is an independent employer, is allowed. At the same time, the transfer scheme is similar to dismissal from the first organization and, in its essence, is such.

How to properly process an employee transfer - see here:

After this, the employee is officially employed under an employment contract with the new organization.

The personnel service draws up orders for dismissal from the previous place of work, as well as the personnel officer of the organization that hires this employee, are required to make a note on the procedure for dismissal, transfer and employment to a new employer, and indicate the presence of his consent.

Transfer at the initiative of the employer

It is worth considering separately the transfer mechanism at the employer’s suggestion. To do this, each employee who is planned to be transferred to another company is given a written proposal indicating the terms of cooperation in the new workplace.

The employee must know whether his rights have been violated, whether the payment conditions have worsened, or whether the functional responsibilities are different.

If the initiator of the transfer is the employer, then the process must begin with a proposal for transfer, which will be drawn up in writing and issued against signature to the employee or sent to him by mail to his residence address by registered mail with acknowledgment of receipt.

In such a document, the employer displays:

• name of the company that offered the translation;
• surname, first name, patronymic, position of the employee and information about the expected conditions of transfer to another employer (name, position, description of functional responsibilities, salary, etc.).

Also attached to the letter are written notices containing the agreement of both companies that they do not object to such a transfer. They also display all the above aspects regarding the employee.

After reading such a document, the employee gives his written consent (in the form of a separate document or in the form of an inscription on the transfer proposal). Therefore, the preparation of such documents must be taken with full responsibility.

Otherwise, the documentation will not reflect the employee’s consent to the transfer, which will give the employee grounds to go to court to renew him at work and invalidate the transfer. Why do you need additional legal costs, which, according to the norms of procedural legislation, will be borne by the employer as the loser in the case.

After this, a dismissal order is usually issued, the mandatory details of which are:

1. full name of the organization where the employee works;
2. grounds for dismissal due to transfer to another job in another organization;
3. date of drawing up the order;
4. signatures of the parties.

Sample dismissal order in form T-8.

With such a translation, the basis is part four of Art. 20 Labor Code of the Russian Federation. The moment of termination of the employment contract between the employee and his original employer under clause 5 of part one of Art. 77 of the Labor Code of the Russian Federation is the moment of transfer of an employee at his request.

Labor Code of the Russian Federation Article 77. General grounds for termination of an employment contract

The grounds for termination of an employment contract are: 1) agreement of the parties (Article 78 of this Code); 2) expiration of the employment contract (Article 79 of this Code), except for cases where the employment relationship actually continues and neither party has demanded its termination; 3) termination of an employment contract at the initiative of the employee (Article 80 of this Code); 4) termination of an employment contract at the initiative of the employer (Articles 71 and 81 of this Code); 5) transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position); 6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization, or a change in the type of state or municipal institution (Article 75 of this Code); 7) the employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (part four of Article 74 of this Code); the employee’s refusal to transfer to another job, required for him in accordance with a medical report issued in the manner established by federal laws and other regulatory legal acts of the Russian Federation, or the employer’s lack of relevant work (parts three and four of Article 73 of this Code); 9) the employee’s refusal to be transferred to work in another location together with the employer (part one of Article 72.1 of this Code); 10) circumstances beyond the control of the parties (Article 83 of this Code); 11) violation of the rules for concluding an employment contract established by this Code or other federal law, if this violation excludes the possibility of continuing work (Article 84 of this Code). An employment contract may be terminated on other grounds provided for by this Code and other federal laws.

If the initiator of the transfer was the employee himself, the transfer is considered to have been made on his initiative, if the reason was the desire of the employers - with the consent of the employee.

Application for transfer to another organization.

In any case, it is impossible to formalize the transfer using an additional agreement to the employment contract. This will be a new agreement and new legal relations.

Many HR specialists make a grave mistake - they confuse the transfer of an employee to another position in the same enterprise when there are no grounds for terminating the contract. Here it is necessary to strictly follow the letter of the law in order to prevent such a mistake, because it is fraught with penalties.

At the time of termination of the employment contract, the employer must take the following measures:

1. Issues a work book with a corresponding record of dismissal due to transfer. Here you will learn how to fill out a work book upon dismissal;
2. Pays wages with compensation for unused vacation (based on Part 1, Article 127, Article 140 of the Labor Code of the Russian Federation).

When recording dismissal in the work book, it is necessary to apply clause 5, part 1, art. 77 of the Labor Code of the Russian Federation”, clause 5.1, clause 6.1 Instructions for filling out work books dated 10.10.2003 N 69.

What payments to employees upon transfer are due?

If the dismissal of an employee is accompanied by his transfer to another company, he is entitled to the following amounts:

• salary. Salary is calculated for all days worked in the month,
• compensation due for the remaining days of vacation,
• certificates of incapacity for work that have remained unpaid up to this point.

A transfer to another employer does not provide for payment of severance pay to the citizen.

In each case, the calculation has separate nuances. So, for example, if the organization provides bonus payments, the employee dismissed as part of the transfer is also entitled to them. In each case, the provisions of the agreement in force between the parties and the local acts of the organization are taken into account.

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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.

Admission to a new company

This point is discussed with the new employer. There are no clearly established rules here, everything is individual. As for the transfer date, it is approximate. The practice is based on the fact that an employee must be employed in a new company within a reasonable time after dismissal. This is considered to be 1 month. The institution where you will come must provide you with the position and conditions that were previously agreed upon. The proof that you were offered this particular position, this particular salary, will be in the letter that the new organization sent to your old job. We also point out that in the new place the transferred employee has the right to vacation in the first year of work, just like any hired person - after 6 months of work.

Could you not be hired for a new job?

The letter of transfer subsequently obliges the new employer to enter into an employment contract with the transferred employee and hire him in the position specified in the letter. That is, the presence of such a letter is a guarantee for the employee that the receiving organization will not refuse him employment.

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.

What to do if the employee’s work record book is lost by the employer?

How to properly accept a transferred employee

The employer needs to remember that Article 70 of the Labor Code prohibits introducing a test when hiring a specialist transferred from another organization.

When filling out an admission order, it is recommended to use the T-1 form. In the column provided for this, you must enter that the reception is carried out as part of the transfer.

The order and the concluded employment agreement must contain the same conditions that were indicated in the invitation to work or other similar document regarding the transfer. It is important to fully comply with the previously specified position, salary, working conditions, etc.

Order to transfer an employee to another job

The order is issued on the basis of the unified form T-5, which was approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. It is a form in which all the necessary information about the employee, his previous and new place of work and the basis for the change of position are entered. At the end, the document is certified by the signatures of the manager and employee. It is worth remembering that in the Order you need to indicate the type of transfer in the appropriate line. When applying for a temporary one, you must also indicate the start and end date of work in the new position. If the end date is not known, then a condition is entered under which the employee will return to his job. For example, until your colleague returns. A sample order for transfer to another position is presented below.