Transfer the employee to permanent job transfer to another organization is possible by mutual decision of the current employer and the receiving organization. In this case, the initiator of the transfer may be , . This is stated in Part 2 of Article 72.1 Labor Code RF.
This transfer occurs through , because in another organization with an employee (Part 4 of Article 64 and Part 2 of Article 72.1 of the Labor Code of the Russian Federation).
The procedure for transfer through dismissal is not clearly stated in the Labor Code of the Russian Federation, but a certain practice has developed in its execution. The transfer must be preceded by a written agreement procedure between the head of the organization from which the employee is transferred and the head of the organization to which he is transferred.
Translation by decision of organizations
If the transfer of an employee is carried out by decision of the organizations (current and receiving), the hiring and dismissal procedure will be as follows. To begin with, the head of the organization where the employee is transferred must send to the organization where he currently works, letter of request asking for his transfer. The request must indicate the date from which the employee is expected to be hired new job, and his new position. Having received a letter of request, the head of the organization where the employee works is obliged to agree with the subordinate on the possibility of transfer.
If the employee agrees, he writes resignation letter due to transfer , to which a letter of request is attached. This statement will be proof that he has expressed his consent to the transfer in writing. Then the head of the organization where the employee works must send him to another organization confirmation letter .
From this moment on, it is possible to dismiss an employee from his previous place of work and hire him for a new job.
Pregnant employee with her written consent You can also transfer to another organization. The legislation does not contain such a prohibition. Please complete the translation at .
Situation: Is it possible to dismiss an entire department by transfer to another organization?
Yes, you can.
The Labor Code of the Russian Federation does not prohibit dismissing an entire department by way of transfer (Part 2 of Article 72.1 of the Labor Code of the Russian Federation). 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. It can list all the citizens whom he is ready to employ.
Transfer at the initiative of the employee
If an employee himself has asked to be transferred to work in another organization, then the first link in the chain of approving the transfer will be the employee’s application. Then the head of the organization where the employee works must inform in writing about the subordinate’s desire to the head of the organization to which the employee wants to move and obtain his consent. Further procedures And are carried out according to general rules.
Attention: refuse detention employment contract an employee invited to work as a transfer from another organization is not allowed. This prohibition is valid for one month from the date of dismissal from the previous place of work. This procedure is specified in Article 64 of the Labor Code of the Russian Federation.
Thus, if the new manager refuses employment to the transferred employee, this will be a violation of labor laws. For him labor inspection may fine the organization or its officials.
The fine is:
- for officials of the organization (manager) - from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles or disqualification for a period of one to three years);
- for entrepreneurs - from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles);
In addition, such a refusal may cause problems for former leader. An employee who has received a refusal has the right not only to appeal this refusal in court, but also to demand reinstatement at his previous place of work (Article 394 of the Labor Code of the Russian Federation). In this case, the organization must pay the reinstated employee for time forced absenteeism in the amount of average earnings. This is stated in paragraph 60 of the Plenum resolution Supreme Court RF dated March 17, 2004 No. 2.
The court may also oblige the organization to compensate an illegally dismissed employee for moral damage. The amount of compensation for moral damage is determined by the court and indicated in its decision. In this case, judges must take into account the nature of the harm caused to the employee and the degree of guilt of the organization (clause 63 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).
If the dismissal was declared illegal, the employee needs to be reinstated .
Dismissal from a previous employer
When transferring an employee to work in another organization, the previous organization must:
- issue an order to terminate the employment contract in connection with the transfer according to the unified form No. T-8 or in an independently developed form (Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ, letter of Rostrud of February 14, 2013 No. PG/1487-6-1);
- close personal card employee;
- make an entry in the employee’s work book. “Dismissed by transfer to (name of organization) with the consent of the employee, clause 5 of part 1 of article 77 of the Labor Code Russian Federation"if the employee was transferred by decision of the organization. If the employee was transferred on his own initiative, you need to make an entry: “Dismissed by transfer to (name of organization) at his request, paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation.” This follows from part 5 of article 84.1 and part 2 of article 72.1 of the Labor Code of the Russian Federation, paragraph 6.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, paragraph 15 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.
Reception by a new employer
If an employee is transferred to work from another organization, the receiving organization must:
- draw up an employment contract with a citizen (Article 67 of the Labor Code of the Russian Federation);
- issue a hiring order By unified form No. T-1 (No. T-1a ) or in an independently developed form (Article 68 of the Labor Code of the Russian Federation, Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ, letter of Rostrud of February 14, 2013 No. PG/1487-6-1);
- make an entry about employment in the work book employee: “Admitted to (name structural unit) to position (name) in the order of transfer from (name of organization)” (clauses 3.1 and 6.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
An example of a transfer to a permanent job in another organization
The head of the Alpha organization invited economist A.S. as a transfer from the Hermes organization. Kondratieva (request letter). The head of Hermes agreed, and the employee himself was not against it. Kondratiev wrote resignation letter, about which the head of Hermes sent confirmation letter .
The head of Hermes published order of dismissal in connection with transfer in form No. T-8. A record of dismissal due to the transfer was entered into the work book.
The head of Alpha issued an order to hire Kondratiev. A record of employment in connection with the transfer was made in the work book.
Situation: Is it possible to establish a probationary period when transferring an employee to a permanent job in another organization??
No, you can't.
This is directly stated in Article 70 of the Labor Code of the Russian Federation. If you include this condition in the employment contract, it will not apply (Article 9 of the Labor Code of the Russian Federation).
Attention: If, when transferring an employee to a permanent job in another organization, a probationary period is set for him, labor legislation will be violated.
For this violation, the labor inspectorate may fine the organization or its officials. The fine is:
- for officials of the organization (for example, a manager) - from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles or disqualification for a period of one to three years);
- for an entrepreneur - a fine in the amount of 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles);
- for an organization - from 30,000 to 50,000 rubles. (repeated violation entails a fine of 50,000 to 70,000 rubles).
Such measures of liability are provided for in parts 1 and 4 of Article 5.27 of the Code of the Russian Federation on Administrative Offenses.
Compensation for unused vacation
For information on payment of compensation for unused vacation upon dismissal in the order of transfer to another organization, seeHow to calculate and pay compensation for unused vacation upon dismissal .
Situation: Can an employee’s salary level when transferred to another organization be lower than at the previous place of work??
Yes it can.
The Labor Code of the Russian Federation does not provide guarantees regarding the level of wages in new organization. Moreover, transfer to a permanent job in another organization is allowed only with the consent of the employee (Part 2 of Article 72.1 of the Labor Code of the Russian Federation). Consequently, he does not object to the fact that his salary level in the new place will be lower than in the previous one.
Situation: How to arrange a transfer of an athlete (professional football player) from one sports club to another?
To arrange a transfer professional football player , professional sports clubs must conclude among themselves transfer contract .
The procedure for drawing up a transfer contract is prescribed in Article 18 of the Regulations, approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4.
A transfer contract is concluded in the following cases:
- if the employment contract between the sports club and the football player has expired or will expire within the next six months;
- if the employment contract between the sports club and the football player was terminated;
- if during the period of validity of the employment contract all parties (football player, previous sports club, new sports club) agreed on the transfer of the football player;
- if the transfer of a football player from one sports club to another takes place on a “lease” basis.
This follows from the provisions of Articles 17 and 19 of the Regulations, approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4.
To conclude a transfer contract, the club wishing to accept the player must send a written offer to the former club. After this, the clubs enter into agreement among themselvestransfer contract .
Upon expiration of the employment contract, its early termination, as well as in the event of reaching an agreement on a transfer between clubs, the football player’s employment contract with the former club is terminated. In this case, he can be dismissed on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (for example, by agreement of the parties, when transferring an employee at his request or with his consent to a permanent job with another employer). A new sports club hires a football player under a new fixed-term employment contract (Articles 59 and 348.2 of the Labor Code of the Russian Federation, paragraph 1 of Article 6 of the Regulations approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4).
If an athlete moves to a new club on loan, the football clubs and the player enter into a tripartite transfer contract. The forms of such a contract are given in Appendices 6 and 7 to the Regulations approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4. New club and the football player in this case also enter into a fixed-term employment contract. In this case, an employment contract with the former club may:
- pause, but not stop,
- be terminated early. After the end of the temporary performance period, the former club and the player re-enter a fixed-term employment contract.
This follows from the provisions of Articles 348.4 and 348.2 of the Labor Code of the Russian Federation, paragraph 2 of Article 19 of the Regulations approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4. For more information on the specifics of temporary transfer of professional athletes, see
An employee at an enterprise may be fired as a result of being transferred to a new job in another organization. This method dismissal has some features and advantages, which can be read about in the article below.
The dismissal of transfers is regulated by clause 5 of Article 77 of the Labor Code of the Russian Federation. The procedure for dismissal depends on whose initiative the transfer is being made.
Dismissal due to transfer at the initiative of the employee
If an employee leaves for another organization on his own initiative, then it is necessary to receive an invitation to work from the new employer. Having received an invitation, the employee writes a letter of resignation by transfer and sends the documents to his current employer. The latter is considering the possibility of dismissal.
If it is not against it, then it is drawn up and the employee can be dismissed without mandatory two-week work.
If the employer does not want to part with the employee voluntarily, then the employee may resign on a general basis according to at will by writing an application and working for 2 weeks.
An important feature of dismissal by transfer is that the employee, having written an application, cannot withdraw it, in contrast to dismissal at his own request, in which, throughout the entire period of service, the employee can withdraw the application at any day and continue to work.
IN work book upon dismissal by transfer to another organization, the following entry is made: “Dismissed due to transfer at his request to “Name of Organization”, paragraph 5 of Article 77 of the Labor Code of the Russian Federation.”
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.
Download documents on the topic:
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-timers have the same rights as essential workers, 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 an application from an 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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Pay attention! Transfer can be used to 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. General manager FinanceGroup LLC agreed to terminate 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 is lately It is not used by employers very often, but in certain cases it is relevant.
Dismissal by transfer to another organization is often practiced by holding companies. Find out who benefits from this and how to complete the procedure correctly, download samples of the necessary documents
From this article you will learn:
Dismissal by transfer: what the law says
Article 72.1 of the Labor Code of the Russian Federation allows for the possibility of dismissal by transfer to another organization by mutual agreement of the parties. This procedure can be carried out either at the request of the employee or at the initiative of the employer. In any case, written confirmation of his consent must be obtained from the employee.
If the initiative comes from an employee, then he must provide the manager with a statement and a letter from the future employer of intent to hire. Without such a letter, the current employer may refuse. This is primarily due to the need to indicate in the order and work book the name of the legal entity to which the person leaving is leaving.
The employer’s initiative is formalized by a proposal (notification) from the employee. The offer must be in writing and the company must ensure that it has been reviewed. Otherwise, you may receive penalties.
The procedure for dismissal upon transfer to another organization
At the initiative of the employee
The first stage of this procedure is submitting an application to the employer. Moreover, when transferring, work is not canceled and, accordingly, the application must be submitted at least 14 calendar days before the expected date of departure. Of course, the employer can let you go earlier, but that is his decision.
Along with the application, the employee provides a letter from the future employer, with a clearly expressed intention to provide employment. It also specifies the period during which such employment is possible (how long the company is willing to wait for a person). The legislator defines this period as 1 month.
On the last day of work you need to prepare necessary documents to terminate the contract and make calculations and payments due cash. Dismissal occurs under clause 5 of Art. 77 Labor Code of the Russian Federation. This article is indicated both in the work book and in the order in the T-8 form.
The employee is entitled not only to all unpaid wages, but also compensation for unused vacation. There are no additional benefits and compensation provided by the state for transfer through dismissal.
At the initiative of the employer
The employer can also offer dismissal with transfer to another organization. How to do this correctly?
As a rule, such translations are practiced by companies that include not one, but several legal entities. Depending on the needs of the business, employees are transferred from one legal entity to another.
First of all, the procedure must begin with the submission of a proposal.
The notice (proposal) does not indicate an ultimatum, but a possibility. The document should be drawn up in 2 copies, and on the company’s copy, get a person’s mark indicating agreement or disagreement in the translation. The Labor Code does not contain a rule obliging the employer to notify the employer of dismissal in advance. Therefore, if agreed, it can take place on the day of notification.
It is also worth obtaining a corresponding statement from the departing employee in order to eliminate possible claims. Otherwise, the procedure does not differ from the procedure for terminating a contract at the initiative of the employee.
Recording in labor
An entry in the work book is made on the last day of work after the dismissal order is issued. The basis for termination of the contract is clause 5 of Art. 77 of the Labor Code of the Russian Federation. The entry will read as follows: “Dismissed by transfer to Prometey LLC, paragraph 5 of part one of Article 77 of the Labor Code of the Russian Federation.”
In this case, the receiving organization in the employment record must indicate the company from which new person arrived, for example: “Accepted as a transfer from Alpha LLC to the position of system administrator in the information technology department.”
Calculation of payments
On the day of dismissal, the employee is paid all due wages for the time worked, as well as compensation for unused vacation. Payment of compensation is mandatory. The law does not allow the transfer of days off to a new employer.
Compensation is paid for all vacation days that were not used by the employee. They are calculated based on the average annual income of the departing person.
Who benefits from dismissal by transfer?
First of all - to the employee himself. After all, the law obliges the new employer to employ the candidate upon transfer within a month. With this type of termination of the contract, the person does not go nowhere, but has ways of retreat.
Dismissal by transfer- this is the termination of an employment contract by transferring an employee to another organization. This basis termination of labor relations between an employee and an employer is provided for in clause 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 labor agreement. The difference lies in the entry in the employment record and the inability to withdraw the resignation letter 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;
- absence probationary period with a 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, and payment of compensation for unused vacations, 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).