Dismissal at your own request or by transfer. Dismissal by transfer: note-calculation

Are you faced with the task of transferring an employee to another legal entity that is part of a group of companies? In this case, the dismissal procedure through transfer will help you. We will tell you how to carry out such a procedure in this article.

From the article you will learn:

In what cases will it be necessarydismissal by transfer

The structure of many modern companies is designed in such a way that the company consists of several interdependent legal entities, each of which has its own name, OKVED code, is registered with the tax authority, and so on, but they all operate under the same brand and are part of a group of companies.

And often in practice there is a need to transfer an employee to a position or department that belongs to another legal entity. To formalize such a transfer, the employee must be fired and rehired. That is, transfer to another organization without layoffs, is impossible.

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Also, the procedure for dismissal by transfer to another organization is also possible between unrelated companies, but in practice this happens quite rarely.

An employee can be moved to another company by:

Let us consider in more detail both cases of transition from one legal entity to another.

Question from practice.

Does the base extend layoffs in order of transfer to another organization for external part-time workers?

The type of employee’s employment contract does not affect his rights, that is, external part-time workers have the same rights as main employees, including the right to . Labor legislation does not limit part-timers in the right to choose the basis for termination of the employment contract, therefore this category of employees can be dismissed by transfer to another organization.

How to formalize dismissal by transferat the initiative of employers

The initiative from employers can come in the following cases:

companies are interdependent;

the companies are partners, and the future employer is interested in the employee;

for other reasons.

Dismissal by transfer to another organization at the initiative of employers has the following procedure:

The future head of the company to which the employee is transferring sends a letter of request to the current employer where the employee works, requesting the employee's transfer. The request indicates: the expected date of concluding the employment contract, the position and department that are offered to the employee. The form of such a request is shown in the figure. The full form of the document can be downloaded .

The current employer, represented by the general director, after receiving the letter of request, must discuss the offer with the employee and agree on the possibility of transfer.

If the employee agrees to move to another employer, he writes a letter of resignation in connection with the transfer to another legal entity. A letter of request is attached to the application. This statement constitutes the employee’s consent to move to another company.

The application form can be downloaded .

After receiving the application from the employee, the current employer sends a confirmation letter to the company to which the employee is transferring (the confirmation form is shown in Figure 2).

Such dismissal is carried out in the general manner:

an entry is made in the personal T-2 card, the employee’s work book. The work book also makes a note about the transfer to another company;

on the last working day, the employee receives a work book and a full payment.

Admission to a new employer is also formalized in the general manner, but taking into account the following features:

Important! Upon dismissal due to a transfer to another employer, compensation for unused vacation is paid to the employee in the general manner.

Figure 1. Letter of request requesting the transfer of an employee

Figure 2. Confirmation of a request to transfer an employee

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Note! By transferring you can move either one employee or an entire department or workshop. The Labor Code of the Russian Federation does not contain restrictions on the number of dismissed workers. In this case, the desire of the new manager to hire several employees can be expressed in one letter of request addressed to the current manager.

Example from practice.

LLC "Paints" and LLC "Lak" are part of the Luxury Paints group of companies. The company's sales department was located within the structure of Kraski LLC. Due to production needs, the company management decided to change the company structure and transfer the sales department from Kraski LLC to Lak LLC. In order to transfer all employees of the department, the head of Lak LLC issued a letter of request addressed to the general director of Kraski LLC. Based on this request, employees of Kraski LLC were offered a transfer to another company.

How to transfer an employee to another employeron his initiative

The initiative to move to another company may come from the employee himself. If the employee himself asked for dismissal by way of transfer to another organization, then the procedure is drawn up as follows:

The basis for starting the transition process is the employee’s application. The form of such a statement is shown in Figure 3.

Based on this application, the current employer agrees with the company to which the employee wants to move on the possibility of his employment. Such agreement is made in writing.

The dismissal procedure is carried out in the general manner described above. Only in the record of termination of the contract in
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Example from practice.

FinanceGroup LLC and EconomicsGroup LLC are partners. Ivanchenko D.S. works at FinanceGroup LLC as a client manager and one of the companies he runs is EconomicsGroup LLC. The management of Economy Group LLC were very pleased with the work of Ivanchenko D.S., and offered Ivanchenko D.S. position of head of the sales department at Economy Group LLC. With the proposal of Ivanchenko D.S. agreed and wrote a statement addressed to the General Director of FinanceGroup LLC about. The General Director of FinanceGroup LLC agreed on the termination of the employment contract on this basis.

How to make an entry in the work book to registerdismissal by transfer to another organization

When making an entry in the work book about dismissal on this basis it is indicated:

that the employee was transferred with consent;

that the employee has been transferred upon request.

The transfer of an employee from one company to another is one of the general grounds for termination of an employment contract. And specifying the initiator of the transition in the work book does not have any legal consequences.

Important! Moving an employee from one employer to another is possible only with tripartite consent: the employee, the current and future employer.

In this article we looked at dismissal by transfer. This procedure has recently been used less frequently by employers, but in certain cases it is relevant.

An employment contract can be terminated with an employee in connection with his transfer to work for another employer (clause 5, part 1, article 77 of the Labor Code of the Russian Federation). An employee can transfer to work for another employer:

at your own request;
at the initiative of the employer (both current and potential). In this case, dismissal by transfer is carried out only with the written consent of the employee.

Application for dismissal by transfer

Transfer through dismissal at the request of an employee is made on the basis of his application (Article 72.1 of the Labor Code of the Russian Federation).

The employee can attach to the application a document from a potential employer confirming that employer’s desire to invite this employee to work.

Application for dismissal by transfer: sample

An employee’s application for dismissal by transfer to another organization may look like this:

It is worth noting that in case of dismissal by transfer, the employee does not need to work the required two weeks. After all, this is provided for by the Labor Code of the Russian Federation if an employee resigns of his own free will.

Dismissal by transfer: we issue a dismissal order

When dismissing an employee by transfer, an appropriate order must be issued. The order form can be developed independently, but it is easier to use a unified form (form T-8, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1).

Be sure to familiarize the employee with the dismissal order against signature.

Dismissal by transfer: note-calculation

When dismissing an employee, it is necessary to draw up a calculation note, which will reflect all dismissal payments due to the employee.

You can read more about drawing up a calculation note in.

Dismissal by transfer to another organization: filling out a work book

When an employee is dismissed due to his transfer to another organization, the following entry must be made in his work book:

Morozov

Entry no.	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
Entry no.	number	month	year
1	2			3	4
				Limited Liability Company "Silk Road" (Silk Road LLC)
4	01	03	2013	Recruited to the information technology department as department head	Order dated March 1, 2013 No. 2/p
5	25	11	2016	Dismissed at the request of the employee in connection with a transfer to work for another employer, clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation	Order No. 24/у dated November 25, 2016
				Specialist Krylova S.L. Krylova

It is important to note that from November 27, 2016, a dismissal entry in the work book is certified by a seal only if it is present (

Dismissal by transfer- this is the termination of an employment contract by transferring an employee to another organization. This basis for termination of labor relations between an employee and an employer is provided for in paragraph 5 of Art. 77 of the Labor Code of the Russian Federation.

Dismissal procedure

The procedure for this type of dismissal is similar to termination of an employment agreement. The difference lies in the entry in the employment record and the impossibility of withdrawing a letter of resignation in the event of a transfer.

Dismissal by transfer at the initiative of the employee is carried out on the basis of an invitation from the new employer and a personal statement from the employee. If the employer agrees, it is published. If the employer disagrees, the employee will have to terminate the employment relationship at his own request.

In case of initiative on the part of the employer, termination of the employment contract occurs by written agreement between the employers, the consent of the dismissed employee and his personal statement.

The advantages of dismissal by transfer include:

a guarantee of employment with an employer who sent a written invitation to an employee to work by transfer within a month after dismissal;
lack of a probationary period with the new employer;
optional work for 2 weeks before leaving (by agreement with the employer).

On the day of dismissal, the order is reviewed, final settlement with the employee, compensation for unused vacations is paid, and a work book is issued.

It should be noted that when the employment relationship is terminated due to a transfer, the employee’s right to leave at the new workplace does not arise immediately, but in the usual manner: after six months of continuous work with the new employer. This period can be reduced by agreement with the employer.

Entry in the work book

When an employment agreement is terminated through a transfer, the following entries are made in the employment record:

“dismissed due to a transfer at his request to (name of the organization - new employer), paragraph 5 of Article 77 of the Labor Code of the Russian Federation” (in the case of the employee’s initiative);
“dismissed by transfer to (name of organization - new employer) with the consent of the employee, paragraph 5 of Article 77 of the Labor Code of the Russian Federation” (by agreement between employers).

Dismissal by way of transfer to another organization can be formalized when there is agreement:

director of the company in which the citizen is invited to work;

invited employee;

employer from the previous place of work.

In this case, it is possible to terminate the employment contract at the previous place of work. Transfer to another organization without dismissal is not permitted.

How is an invitation from a company issued?

It is no secret that the managers of many companies are looking closely at the employees of competing companies or their business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization. They are often ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is against him leaving his company, the invited employee can leave it on his own initiative.

Letter of dismissal by transfer, sample

Dismissal by way of transfer can only be made with the consent of the employee. Therefore, he must document his positive response to the transfer in writing. The wording “I agree to the transfer” is indicated on the invitation from another employer. After receiving the document, the director issues an order to terminate the contract.

How is an application made?

Dismissal by transfer to another organization can be a good option for an employee who has decided to leave the company and has already found a new job. Dismissal due to transfer is a guarantee that within a month from the date of departure the new employer will sign a contract with him. Also, an advantage can be considered the absence of mandatory two-week work (by agreement of employers) and the absence of a probationary period at the new place of work. A citizen can ask the head of the company where he wants to find a job to send a request to his current employer. He must also write a letter of resignation in order of transfer.

Sample application:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with the specified employee for employment in his company.

Issuing a transfer order

The manager issues a dismissal order drawn up according to. The following documents are indicated as the basis for leaving:

invitation to a future employer;

consent of the current employer;

statement or consent of the worker.

The person leaving is introduced to the order and signed. On the day of departure, the payment is transferred to him and the book is returned with an entry about the termination of the contract made in it.

What does a contract termination record sound like?

The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of enterprise), paragraph 5 of Article 77 of the Labor Code of the Russian Federation.” Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees a citizen employment. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in the new organization are an invitation to transfer and the consent of the citizen. If the employer decides to refuse employment to the invited employee, he can file a complaint with the labor inspectorate or sue him in court. If the court decides in favor of the plaintiff, it will oblige the new employer to sign a contract with him from the day following the day he left his previous job.

The legislation also provides for administrative liability for such violations. According to Part 3 of Art. 5.27 of the Administrative Code, a fine of 10 to 20 thousand rubles may be imposed. per official, from 50 to 100 thousand rubles. to the organization.

You will need

- employee documents;
- order forms (form T-8 and T-1);
- application forms (dismissal, hiring);
- business letter forms (request, notification, response);
- Labor Code of the Russian Federation;
- documents and seals of enterprises.

Instructions

When the transfer is initiated by the employer, then the director of the company who wishes to accept the position employee, must write a letter of request addressed to the sole executive body of the enterprise where the employee works. The letter states the date from which the new employer expects to hire a specialist, as well as the position and department (service, structural unit) where the employee is required. The manager may ask the current employer to write and send a reference for the employee.

After agreement with the specialist, the director of the enterprise where the employee currently performs his work function should send a response letter to the future employer. In it, he needs to write about his positive decision regarding the transfer and obtain consent employee for such a procedure.

Now the employee needs to write a statement addressed to the director of the company where he is registered. In it, he should express his request for dismissal from the enterprise and transfer to another company. The application is signed by the employee and endorsed by the sole executive body.

When the transfer is initiated by the specialist himself, he needs to write an application addressed to the head of the organization. After reviewing the document, the director of the enterprise must send a notification letter to the employer for whom the employee wishes to work. In it, the sole executive body notifies the head of the company that the employee has expressed his request to be transferred to this company, and also obtains the consent of the specialist.

The procedure for leaving the company is as follows. An order is issued (form T-8 is used), the personal card is closed and an entry is made in the work book employee about dismissal by transfer. In the information about the work, a reference is made to Article 77 of the Labor Code of the Russian Federation, a seal is affixed, and the signature of the responsible person is affixed. The accounting department pays the money due upon dismissal.

After receiving the work book, the specialist must write an application, and the director must issue an order (form T-1). An employment contract with an employee is concluded on a general basis (without establishing a probationary period). Moreover, the employer does not have the right to refuse to hire an employee, which is regulated by the Labor Code of the Russian Federation. Violation of the law entails penalties.