The procedure for transferring an employee to another organization in accordance with the provisions of Russian labor legislation

According to the labor legislation of the Russian Federation, every officially employed employee can be transferred to a new permanent job in another organization based on the personal will or initiative of the employer.
This format of transition provides for the termination of the employment contract with the previous employer and the conclusion of a similar agreement in the new company, while the employee himself does not interrupt his work experience. Let's consider the entire algorithm for the procedure for transferring an employee in accordance with legislative regulations. Dear readers! To solve your specific problem, call the hotline or visit the website. It's free.
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What are the features of dismissal by transfer to another organization at the initiative of the employer?

The algorithm for dismissing an employee by transferring to another organization on the initiative of the employer differs little from the sequence of the previous stages. But there are still nuances.

1. The managers agree: one fires, and the second hires a specialist.
2. The person is informed in writing about the transition. He is informed about working conditions, position and future salary. If a person is not satisfied with the proposed parameters and refuses, they have no right to oblige him to process his transfer.
3. If a person agrees to the transfer, the official notice in his hand indicates that “I agree to the transfer.” At the end there is a date and signature.
4. After drawing up a tripartite agreement, the future employer is provided with confirmation.
5. The director puts his signature on the order for dismissal through transfer. It refers to Article 77 of the Labor Code of the Russian Federation and indicates that the person agrees.
6. The employment and personal card also indicates that the person agreed to be fired.
7. The employee confirms the fact of familiarization with the above documents with a personal signature.
8. The specialist receives a work book and a certificate of income for the last two years. At the same time, calculations and compensation payments are made.

Based on a request from another company

When opening a new organization, every manager wants to attract experienced and qualified specialists. Therefore, he often requests a transfer to other companies with which he previously collaborated or in which he was employed.

The procedure for transferring an employee to another organization at the initiative of the new employer consists of the following steps:

• a request is drawn up by the new employer, in which the employee’s full name is indicated, and a specific job is offered;
• the request lists all the main conditions for future employment, which will allow the hired specialist to decide whether it is advisable for him to move to a new company;
• if the employee agrees, then he sends a written notice to the head of the new company;
• all features of future cooperation between the two companies and the employee are agreed upon;
• the current employer issues a dismissal order, which may indicate the transfer of not one employee, but several employees;
• depending on the number of employees being dismissed, the optimal form of the order is selected, since the T-8 form can be used for one specialist or T-8a for several employees;
• all specialists sign the order;
• the necessary data is entered into the personal cards and work books of employees;
• work books are handed over to citizens on the day of dismissal.

If the previous employer agrees with such termination of the relationship, then you do not even need to work 14 days. It is important to correctly draw up an order to transfer an employee to another organization. It contains information about the citizen’s full name and position. The reason for termination of the employment contract is indicated.

Under what conditions is dismissal possible by transfer to another organization?

Dismissal by transfer to another organization is a voluntary process that involves concluding an employment contract with another employer. This means that the employee must take into account that working conditions, responsibilities, and salary may change, both for the better and for the worse. Therefore, all these subtleties must be clarified with the future employer “onshore”. It is clear that any employee will agree to move to another organization only because of more favorable conditions. To be on the safe side, he has the right to demand guarantees from his future boss. They can be a letter of request, which indicates what position the specialist is invited to fill.

It is important that the law stipulates that the new employer does not have the right to refuse employment to the invited employee. If this norm is not observed, the enterprise may be fined from 30 to 50 thousand rubles, or its activities may be suspended for up to 90 days.

Annual paid leave upon dismissal by transfer to another organization is provided to a specialist as usual: after working at the enterprise for six months. If you have the right to vacation, you must take it off at your current enterprise. Days not taken off work do not transfer to the new company. The dates of dismissal and employment are agreed upon voluntarily and through negotiations. They are agreed upon in advance by employers and employees. In this regard, the legislation does not provide for work within a two-week period.

Who can be dismissed by transfer?

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

Dismissal by transfer to another organization: pros and cons

Dismissal of an employee by transfer to another organization guarantees a number of benefits for him.

• The employee will be employed no later than within a month. The maximum period for registering employment relations at a new location is one month. In case of refusal, the employer may be fined.
• Dismissal by transfer to another organization guarantees the absence of a probationary period.
• When agreeing on the timing of the transfer, it is quite possible to agree with the former boss so as not to work within a two-week period.

It is important to know that when leaving a job by transferring to another organization, a person does not have to justify his choice. Having decided to leave, he simply states in the statement: “I ask you to fire me due to a transfer to another company.” Another significant advantage of dismissal by transfer to another organization is guaranteed employment at another enterprise, that is, the most preferable and safe method of dismissal, especially when compared, for example, with dismissal of one’s own free will. Even if a specialist has already found a new place for himself, no one can guarantee that he will be hired. If we talk about shortcomings, then during a transfer there is only one, and legally it is considered insignificant: the new employer is not obliged to assign the employee a salary higher than it was. In other words, there is a chance that it will remain the same or even become lower. These subtleties need to be discussed in advance. So, the pros and cons of dismissal by transfer for both parties are presented in the table.

Is the new employer required to hire by transfer?

The new employer is obliged to hire the employee by transfer without any reservations within a month from the date of his dismissal from his previous place. Even if an employee first changed his mind and did not write a job application, and then decided to get a job, he cannot be refused an employment contract. Moreover, this is true even if another person has already been hired for the position prepared for the employee who changed his mind. The rule established by Part 4 of Art. 64 of the Labor Code of the Russian Federation does not provide for exceptions.

IMPORTANT! The Labor Code of the Russian Federation states that it is impossible to refuse employment only to persons who have been invited to work in writing. This refers to any written approval by the new employer of the transfer, and not just the sending of a special letter of invitation to them.

The position to which the transfer was planned cannot be recognized as vacant and offered, for example, to laid-off employees. The courts also take this position (decision of the Moscow City Court dated October 23, 2015 No. 4g/6-10569/2015).

Dismissal of an employee by transfer to another organization: two ways

Based on who initiates the dismissal of an employee by transfer to another organization, the methods of formalizing the procedure also differ. Method 1. The employee independently found the organization where he would like to work. An employer interested in a new specialist must write an invitation, confirming his readiness to accept the specialist. This letter, addressed to the director, is sent to the person’s current place of employment. Does the current manager mind? The specialist draws up a letter of resignation through transfer. The director agrees and signs the order. The further algorithm is standard: entries in the labor and personal cards, calculations, issuance of labor and income certificates (valid for the last two years). With these papers, the specialist comes to the enterprise for the benefit of which he now has to work. Method 2. The initiative comes from the leader. As a rule, dismissal of an employee by transfer to another organization is resorted to in situations where the task is to reduce staffing levels. Some employers find positions for their subordinates in other enterprises and discuss the details with their managers. If the person is satisfied with everything, a tripartite agreement is concluded based on written consent, which stipulates the terms of employment.

At the employee's initiative

If the employee himself plans to change his place of work, then the following actions are performed:

• a letter of resignation is drawn up in connection with the transfer;
• a free-form application is drawn up, but the reason for termination of the contract must be indicated;
• the name of the new company is given;
• An offer from a potential employer is attached to the application;
• an order is issued by the head of the company;
• on the employee’s last day of work, he is issued a work book, and the required funds are paid.

The organization's consent to transfer an employee to another organization is not mandatory. If the current manager does not agree with this process, then the employee will have to file a regular resignation letter, after which he will be forced to work the required two weeks. If he has unused vacation days, he can write an application for vacation with subsequent dismissal in order to immediately begin his job duties at a new job.

Rules for registering dismissal by transfer

The standards of the Labor Code of the Russian Federation assume that if a specialist moves to a new company by transfer, the employment contract with him is terminated. That is, a person quits on his own initiative. This option of resignation involves a break in the labor relationship due to the transfer of a subordinate to a new institution, that is, the working conditions, earnings and daily routine may change here. All these nuances must be discussed with the subordinate the day before the transfer and an agreement for the transfer must be drawn up in writing.

The legal side of such an event is regulated by clause 5 of Art. 77 of the Labor Code of the Russian Federation, which regulates the circumstances of termination of an employment contract. It turns out that the reason for breaking the labor relationship of the parties is a change of specialist in the institution. Transfer, in this case, is allowed only with the consent of the subordinate or at his suggestion, that is, for the transfer of a specialist, it is necessary that he submit a written request for this.

Before transferring a subordinate to a new institution, the current manager is required to draw up a written agreement the day before with the future institution hosting the specialist. Without such a document or a request from the receiving institution for a specialist, the transfer cannot be considered legally valid. Therefore, the manager needs to familiarize himself with:

• What vacancy is the specialist being nominated for?
• The amount of his earnings.
• Requirements for qualification level and education.
• Layout of the employment contract, which the specialist needs to familiarize himself with.

Typically, such information is displayed in a written invitation from a specialist, which is sent from the receiving party to the management of the current enterprise.

This prompt should display:

• Obligations of the parties.
• Translation deadlines.
• Position, salary, working conditions, where the specialist is transferred.
• Algorithm of the translation process.

After transferring the listed materials to the personnel officer and familiarizing himself with the future work during the transfer, a written agreement is concluded between the management and the subordinate to move to the new institution. The specialist’s signature in the agreement indicates his permission to transfer. At the same time, he has the right to refuse this offer. When the transfer is authorized, the subordinate submits a request for deduction in connection with the transfer to a new company.

For a specialist, a transfer is considered a more advantageous offer than an ordinary resignation by agreement of the parties, on personal initiative or due to staff reduction, since there is no need to look for a job, there is no break in experience, and earnings at a new company may be even greater than at the current one. Qualified workers can be assessed at a high level by the company that requested it. Therefore, in such circumstances, a specialist usually immediately agrees not to transfer to a new company, especially since a probationary period is not assigned during the transfer.

An example of an invitation from a company hosting a specialist.

• invitations, doc

How to write a letter of resignation by transfer

The regulations do not develop a standard form for a request for resignation in the order of transfer. At the same time, the company’s management has the right to approve a template for such a form for departmental use in the company’s office work.

The application must be submitted in writing by hand or printed on a printer when using a computer. The document can be drawn up on a blank standard A4 sheet or on the institution’s letterhead.

1. The following information is displayed in the header of the letter (filled out in the right, upper part of the sheet):

• Position of the manager, name of the institution, indicating the legal status where the specialist works and full name. boss
• Information about the applicant (position, structural department, rank, full name).

1. Below in the center of the line the phrase “Statement” is written.
2. In the main section of the form, fill out a text that outlines the essence of the specialist’s request. Here you need to clearly state all the wording. An example of such a text could be the following: “I request that you release me from my position on September 21, 2021 in order to transfer me to TEMP LLC in accordance with clause 5, part 1, article 77 of the Labor Code of the Russian Federation.”

An invitation from the receiving party must be attached to the form. In this option, below the main part of the application, the phrase “Attachment” is written on the left, displaying the name of the attached invitation.

Finally, the form is signed by the applicant with a transcript of the signature, and the date of registration of the application is recorded.

The application form is registered in the HR department, with further forwarding to the boss for approval. To avoid any misunderstandings, it is advisable to submit the request in 2 copies, so that the submitter’s copy contains a mark indicating the registration of the submitted petition indicating the date of registration. Such insurance is needed in case the application is lost among other letters.

Sample letter of resignation by transfer

• petitions, doc

Is it possible to withdraw an application?

Article 80 of the Labor Code of the Russian Federation states that an employee can terminate the relationship with the employer by notifying him in writing 2 weeks in advance. The same law provides for the right of a worker who has submitted a resignation letter to have it cancelled.

A specialist who has expressed his intention to move to another company has the right to change his mind about leaving, but only up to a certain point:

1. After the specialist has signed a special agreement, the applicant cannot withdraw the application. The only option for canceling the transition procedure is a mutual agreement to cancel the additional agreement.
2. If the employment contract with the new management has already been signed, then withdrawal of the application is not allowed.

Order of dismissal by transfer

The transfer deduction process is carried out as usual. It is necessary to correctly prepare all the certificates and issue them to the resigning person in a timely manner with full payment being made to him.

Preparation of materials and estimated payments is carried out after approval of the boss’s order on resignation by transfer.

The order is prepared by the personnel officer on a unified template No. T-8. The order will certainly display the reason for the resignation with reference to clause 5, part 1, article 77 of the Labor Code of the Russian Federation and the basis - a handwritten petition from the subordinate and an invitation to the company of the future management, and also displays the date of resignation.

An example of an order is presented below.

• orders T-8, doc

Issuance of an order

After the employer receives the employee’s resignation letter for transfer to another organization and a letter of transfer, the execution of the order begins. It is carried out according to the general rules provided for in Art. 84.1 Labor Code of the Russian Federation. The wording in the order must exactly correspond to subparagraph 5 of Part 1 of Art. 77 Labor Code of the Russian Federation. That is, in the column “Grounds for dismissal” the following phrase must be indicated: “transfer at the request of the employee to work with another employer” with reference to this subparagraph. The employee must be notified of the contents of the order against receipt. In addition, the administration of the organization can issue the employee, if he so requests, a certified copy of the order.

Working off

Article 80 of the Labor Code of the Russian Federation states that a working person can terminate an employment contract by notifying the manager in writing no later than 2 weeks, unless the standards stipulate a different time.

When transferring a specialist to a new institution, an additional agreement is concluded between the specialist and the head of the company, on the basis of which an order is issued, with which the dismissed person must be familiarized with signature, the required entries are filled out in the personal file cabinet T-2 and the specialist’s work book.

Considering that a person is dismissed by transfer in accordance with clause 5, part 1, article 77 of the Labor Code of the Russian Federation. those. by mutual agreement of the current company and the receiving institution, then there is no need for working off.

In practice, the specialist shows the manager (where he works) a letter from the company where he wants to transfer with a job offer by transfer and stipulates the terms of dismissal.

Dismissal by transfer, entry into the labor record

Making entries in the work book, upon resignation in the order of transfer to a future company, is carried out in accordance with the issued order for the establishment.

The entry in the form about the severance of the labor relationship is filled out with reference to clause 5, part 1, article 77 of the Labor Code of the Russian Federation and the name of the institution where the specialist is transferred is filled in. Data is also recorded showing on whose initiative the transfer was made.

The receiving institution writes down the name of the company, and below, under the new number, a record of the specialist’s acceptance is entered.

A sample of filling out a work book upon dismissal by transfer is presented below.

Compensation calculation

On the day of dismissal, the employee is required to pay his full salary, vacation compensation and other amounts due to him. The calculation of compensation for dismissal by transfer to another organization is carried out by the company's accountant together with the personnel employee. It is performed in the same order as when leaving at your own request. In addition to compensation for vacations, this should be the amount that the employee actually earned before the day of departure. A bonus is also paid if it is provided for in the terms of the employment agreement.

Table: composition and examples of payment calculations

Exchange of letters of consent

In this case, the following procedures must be followed:

• An employee writes a free-form application to the administration of his company about his desire to transfer to another employer.

There is no standard form for such a document . But it must include:

1. FULL NAME. and the name of the worker's position.
2. Request for dismissal by way of transfer to another company.
3. Estimated date of separation.

a job offer from a new employer to it

SAMPLE INVITATION TO WORK FOR TRANSLATION

• A potential employer sends a free-form offer letter to the current employer.

It should contain the following data:

1. Company name.
2. FULL NAME. and the position of the employee who is planned to be hired.
3. Proposal to transfer an employee.
4. The deadline for approval by the current employer and an indication of the form in which it should be given.
5. The date from which the employee will start a new job, as well as the name of his position.
6. Signatures of authorized persons.

SAMPLE OFFER LETTER FROM A NEW EMPLOYER

• If there are no objections to the transfer, the current employer sends a response in the form of a letter of consent in any form.

It states:

1. The date and incoming number of the offer letter to which the response is given.
2. Information that an application for transfer has been received from the employee.
3. The expected date on which the company agrees to release its employee.

SAMPLE LETTER OF CONSENT FOR TRANSLATION

The described option is quite labor-intensive and time-consuming, so in practice another method is more often used - using a tripartite agreement.

3 party agreement

It is concluded in writing by all participants in the process. Such a document also does not have an established template and is drawn up in any form. It should contain the following data:

1. Identification information about the parties to the agreement - employers, employees.
2. Clear confirmation of the intention, as well as the conditions for the future transfer, including the dates of dismissal from the old place and admission to the new one, future position and basis with reference to clause 5 of part 1 of Art. 77 Labor Code of the Russian Federation.
3. Additional conditions, if the parties consider them significant.

TRIPARTY AGREEMENT FOR TRANSLATION FORM

Who can initiate a transfer?

In most cases, the initiators of the movement of workers between organizations are employers. However, the law gives this right to both parties: the employee may also express a desire to move to another company, and the employer will have to consider his request. A similar request can also be made by a third party - a company that did not participate in the signing of the current employment contract, but is interested in hiring a specific specialist.

All changes are made only with the mutual consent of all parties. If they cannot agree, the old employment contract remains valid or dismissal is formalized.

Employee initiative

A transition from one organization to another at the initiative of an employee occurs quite rarely. In most cases, it is much easier for a citizen to terminate the old contract and enter into a new one. A transfer is processed when there is any subordination/connection or contractual relationship between organizations.

An employee interested in changes writes an application to the old employer with a request to transfer him to another organization, and to the new employer with a request to hire him. Applications are registered with the date and entry number. Also, all parties can sign a tripartite agreement - this will somewhat simplify the writing of statements and translations.

Employer initiative

The transition of a citizen to work from one organization to another at the initiative of the employer occurs during a business reorganization or division of an enterprise between the founders. If each of them plans to continue working through their own legal entity or individual entrepreneur, they can “divide” employees among themselves (solely with their consent).

Order T-8a is convenient to use to terminate a contract with several employees at once

What is the procedure for dismissal through transfer to another organization at the initiative of the employee?

Stage 1. The head of an enterprise that has expressed a desire to hire a specialist through a transfer draws up a letter addressed to his current employer. It is written on the company letterhead. The wording is arbitrary. As a rule, the position and desired date of transfer of the specialist are indicated. At the discretion of the author of the letter, it also contains the amount of the future salary. Stage 2. The person initiating a change of place of activity writes a letter of resignation by transfer to another organization. Stage 3. If the current employer signs it, a letter confirming consent is sent to the future place of work. Stage 4. The dismissal order, which is formed by the director, indicates the initiator (“In the order of transfer at the request of the employee”) and a reference to the legislative act (clause 5 of part 1 of Article 77 of the Labor Code of the Russian Federation). Stage 5. An entry is made about the signed order in the registration journal. Stage 6. The transferred employee is introduced to the order. He confirms the fact of familiarization in writing. Stage 7. After review, the fact of dismissal by transfer to another organization is recorded in the personal card. Here, a reference to Article 77 of the Labor Code of the Russian Federation is required. The person confirms the fact of familiarization with a signature. Stage 8. An entry is made in the work book of the transferred specialist. Stage 9. The final payment of the specialist, taking into account payments for vacation days not taken off and payment for time worked, occurs on the day of dismissal (a calculation note of form T-61 is drawn up). Stage 10. At the end of the last working day, the person is given a work permit. Confirming the fact of its receipt, he signs in the Accounting Book. Stage 11. In addition to the work report, the person is given a salary certificate (the certificate period is the last two months). Stage 12. Within a month, the transferred specialist must begin work. Stage 13. During employment it is clarified: the person has been accepted by transfer.

What to do if the settlement amount is less than expected?

If you are sure that this is the case, then contact the prosecutor’s office and the labor inspectorate. If disputes arise about the amount of payments, the disputed amount is not paid (Part 2 of Article 140 of the Labor Code of the Russian Federation), but the rest is paid after the trial.

Necessary conditions for transfer to another employer

Transfer of an employee from one place of employment to another is possible only with a clear expression of the will of all interested parties:

• the employee himself;
• previous employer;
• new employer.

The law does not say anything about how exactly the expression of will should be expressed. From the contents of Part 2 of Art. 72.1 of the Labor Code of the Russian Federation, it is only clear that any party to the labor relationship can initiate the transfer procedure.

Here are examples of the expression by these subjects of intention to make a transfer:

1. The employee's request may be expressed in a written statement. In this case, the employer’s consent can be recorded by affixing the appropriate visa to the application.
2. If the initiator is the employer, then he needs to request the employee’s consent in writing. For example, you can hand him a document with a transfer proposal against his signature, on which he will express his agreement or disagreement.
3. The will of the new employer can be expressed in a letter of invitation (to work) sent to the employee or his current employer. A copy of such a letter is attached by the employee to his application or by the employer to the proposal for transfer, respectively.

A tripartite written agreement in which its parties express their will and set deadlines for the transfer will not contradict the law. The parties independently agree on when the employee’s last working day will be.

Dismissal by transfer to another organization and features for certain categories of employees

• "Maternity maids."

It often happens that while a woman is on sick leave due to childbirth or on maternity leave, a decision is made to liquidate the enterprise. She may be offered a transfer to another company. If the “maternity leaver” agrees or initiates the transfer herself, dismissal and employment occur according to the standard algorithm.

• Young professionals.

A separate conversation concerns young specialists. Legislation prohibits the transfer of young specialists to positions that do not correspond to their specialty. If yesterday’s student is transferred to a position that is adequate to the knowledge acquired at the university, then this is not prohibited by law. However, young professionals should take into account that their rash actions can lead to loss of status. As a result, a young person may be deprived of benefits and payments, including the obligation to return the funds spent on education to the state. If the transfer is due to failure to fulfill obligations on the part of the employer or is unacceptable for medical reasons, then the status of the young specialist is not lost.

• Employees on a probationary period.

If a person on probation agrees to transfer and declares this in writing, this happens according to the algorithm given above. The same applies to the initiative of the employee himself. The transfer of a person with a probationary period to another branch is a full dismissal by transfer to another organization. And this is logical, since the branches have different directors

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.

How to make an application?

If the initiator is a direct employee, then he submits to the employer an application to transfer the employee to another organization. This document includes information:

• date of formation;
• Full name and position held in the company;
• the reason for dismissal represented by a change of place of work;
• please complete the transfer according to the Labor Code, which will not require work from the company employee.

The application must be accompanied by an offer from the new company. Usually, in such conditions, employers accommodate employees halfway and therefore do not require them to work off.

Dismissal by transfer to another organization: judicial practice

There are not many examples of judicial practice that would relate to the reinstatement of an employee at his previous workplace after the employee was dismissed by transfer to another organization. This is because, as a rule, the lion’s share of examples of non-compliance with legislation or employee rights is associated either with a violation of the procedure for obtaining consent to a transfer, or with a discrepancy between the true motives of managers and reality. Moreover, the latter may include the intentions of both the former and the inviting employer.

Example. The manager informed the employees that in order to move to another place of work, they must resign. However, contrary to promises, the new employer did not accept everyone into its organization. As it turned out later, the first leader, realizing that not everyone was familiar with the intricacies of the law, deceived his subordinates. When they quit, they did not know that they would be left with nothing. Therefore, the court sided with the deceived people, declaring their dismissal illegal.

The court also ordered the reinstatement of the specialists (ruling of the Nizhny Novgorod Regional Court dated July 14, 2009 No. 33–5168 on a cassation appeal against the decision of the Pavlovsk City Court to satisfy the employee’s demands).

That is why it is very important for a director to comply with all the subtleties of the law when dismissing through a transfer. This is especially true for documents: written consent of a specialist and an invitation from a future employer. If there is an invitation, a correctly completed application from a specialist or informing superiors about dismissal by transfer to another organization with a signature confirming the person’s consent, termination of employment relations is carried out on a general basis and, in fact, is no different.

Is it possible to transfer an employee to another organization without his consent, is it possible to refuse the transfer?

It is impossible to transfer an employee to another enterprise without his consent under any circumstances. An employee has every right to refuse a transfer offered to him without any consequences for himself. He cannot be fired for this, nor can any other form of disciplinary action be taken against him.

However, a situation cannot be ruled out when an employee who had previously agreed to the transfer changed his mind immediately after leaving his previous place of work and refused to write an application for employment with a new employer. The law does not provide any explanations on this matter, so it seems that such actions of the employee will not entail any consequences for him based on the principle of freedom of labor (Article 4 of the Labor Code of the Russian Federation).

An employee’s request for a transfer by the employer also does not have to be approved. He can satisfy her, but he can also refuse her.

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Results

The procedure for dismissal during transfer is similar to the procedure for dismissal at will. However, the significant features are, firstly, the need to provide the old employer with confirmation of further employment, secondly, agreeing on the date of dismissal, thirdly, the absence of the employee’s obligation to work 2 weeks for the old employer and, fourthly, an indication in the order and labor book of other grounds for dismissal (subparagraph 5, part 1, article 77 of the Labor Code of the Russian Federation).

Sources

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