Hiring by transfer from another organization: application, order

Concept

Part 2 of Article 72 of the Labor Code of the Russian Federation states that translation can be both external and internal. Dismissal to move to another position in your company or to move to another employer allows the employee to receive a number of guarantees .

It happens that a company moves its activities to another locality or even another country. Geographical movement will also be considered a transfer.

In the case of an internal transfer, of the employee and his structural unit may change

Internal transfer can be either permanent or temporary.

Order for employment by transfer from another organization - sample

Based on the submitted documents, the manager, by order, determines the need to hire the employee to the organization’s staff. The order is written on standard T-1 form. Its text must indicate:

• FULL NAME. new employee.
• Personnel number assigned to him.
• The name of the position that will be the main place of work for the person hired.
• Work start date.
• Duration of the concluded contract.
• Amount of salary and additional allowances.
• A link is provided to the previously concluded employment contract.

The order is secured with the mandatory signatures of the manager and employee, and is also stamped. The basis for admission is Article 77 of the Labor Code of the Russian Federation.

Reasons

An employer can transfer an employee to another position because he experienced downtime in his previous position.
There are force majeure circumstances associated with eliminating the consequences of disasters, fires, destruction, breakdowns and accidents, and then there is a need to relocate valuable personnel.

The same situation can be imagined when a company or enterprise opens a new branch and transfers some of its employees there.

For an external transfer to another employer, legal entity or individual entrepreneur, the employee’s consent is required. Often the basis for a transfer is his request.

For an internal change of position or structural unit, in some cases the employee’s consent is not required.

Entry in the work book

As a rule, the work book (and the order) indicates the basis in the form of clause 5, part 1, art. 77 of the Labor Code of the Russian Federation with the text:

“In connection with the transfer of an employee, at his request or with his consent, to work for another employer.”

When filling out the work book, the following data is entered:

1. Serial number of the record.
2. Day, month, year when the mark disappeared.
3. In the “Information...” column: - name of the organization where the employee is employed; - positions; — structural unit; - “in the order of translation”; — the name of the organization from which the employee transferred.
4. In the column “Name, number, date of the document on the basis of which the entry was made”, “Order No. ... dated .... …. ....” (chmg).

Samples of labor

Procedure for registration at the initiative of employers

Sometimes a situation occurs when an enterprise reduces production volumes and minimizes staff , and in order to reduce costs associated with the reduction, management negotiates with other employers to hire their employees. Such a transfer occurs with the consent of the employees.

Documents required for translation

To dismiss by transfer in this case, you need the necessary set of documents.

Written agreement between the heads of organizations. The will of employers must be recorded in writing.

The ideal option would be to draw up a tripartite agreement . In addition, you can write a bilateral agreement between employers and add to it the employee’s statement of dismissal and application for a new job.

In the contract, employers, first of all, must specify the terms of its validity, as well as the date the employee takes on a new position, its name, mode, place, nature of work, working conditions, payment.

The employee must receive written notice of a transfer to another location.

It can be compiled according to the following model.

“We notify you of the possibility of dismissal due to transfer to (name of company or organization) to (name of position) on the basis of a tripartite agreement.”

If the employee signs the agreement in this case, this will mean his agreement with the terms of the tripartite agreement.

Application for resignation from previous position

Among the documents there should be a statement written according to the following sample.

“I ask you to dismiss me on (specify date) by transfer to (name of company or organization) to the position of (specify position).”

A job application is written according to a similar pattern.

“I ask you to hire me in the order of transfer to the position (name of position), date.”

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Employment contract

The employment contract must specify the arrangement of work through transfer. In addition, it is important to initially stipulate in the document all significant details: functional responsibilities, mode and nature of work, working conditions and payment. The employment contract is drawn up according to the standard scheme.

Drawing up an order

An order for employment in the order of transfer is drawn up in a unified form with the wording “in the order of transfer at the request of the employee (or with the consent of the employee - depending on the specific situation).”

After the acceptance order is issued, it is given to the employee for signature.

It should be remembered that since 2013, primary personnel documentation does not necessarily have to be filled out according to a unified form.

Below is a sample order for employment in the order of transfer from another organization:

Rating of frequently asked questions

Question No. 1. Is it necessary to indicate in the transfer request the specific date from which the employee is planned to be employed in the new organization?

Yes, this must be done so that the current employer can complete the dismissal procedure on time.

Question No. 2. What to do if an employer refuses to dismiss an employee by way of transfer?

According to the law, the manager has every right to refuse to transfer an employee, but he can resign of his own free will. In this case, he will have to work for 2 weeks, and only after that he will be able to get a new job.

Transfer at the initiative of the employee

Most often, it is the employee himself who initiates dismissal due to transfer. The reason will be to find a new, more suitable job.

You can quit on your own initiative, but such a step does not guarantee that within a month the new employer will conclude an employment contract with the employee.

This is guaranteed only by dismissal by transfer.

Documents for registration with another employer

To formalize a transfer to another employer, an application (or consent if the agreement is signed by the employers), a tripartite agreement, and an invitation from the new employer are required.

In addition, standard documents such as:

• passport;
• diploma;
• military ID;
• employment history;
• medical certificate (not always);
• certificate of pension insurance;
• work permit for foreign citizens.

The employee’s work book must contain a note about dismissal due to transfer. The recording is carried out in accordance with the instructions for filling out work books approved by the Ministry of Labor of the Russian Federation (Resolution No. 69 dated October 10, 2003).

Below is a sample entry in the work book about employment in the order of transfer:

Legislation

It is possible to change your place of professional activity without resigning at your own request thanks to the transfer procedure.

The issue of hiring by transfer is regulated by Chapter 12 of the Labor Code of the Russian Federation (link to chapter).

Among the main articles you can refer to:

• Article 72.1 . Transfer to another job. Moving
• Article 72.2 . Temporary transfer to another job
• Article 73 . Transfer of an employee to another job in accordance with a medical report

The law indicates that transferring from one job to another is possible not only within one organization.

An employee has the right to make a written request for a transfer to another employer, in accordance with Article 72.1 of the Labor Code of the Russian Federation . In this case, the contract with the previous employer is terminated ( Article 77, Part 1, Clause 5 of the Labor Code of the Russian Federation ).

The contractual relationship in this case concerns 3 parties - 2 employers and an employee.
Attention ! A new employer does not have the right to refuse to hire an employee if he is invited by way of transfer ( Article 64 of the Labor Code of the Russian Federation ).

Guarantees

According to Article 169 of the Labor Code, if an employee moves to work in another locality, he can claim payment for the move for himself and his family.

You can receive payment if the new employer writes an invitation letter to his company address.

The invitation must be written on company letterhead and signed by the manager.

It should contain information about the new position.

If all documents are completed correctly, the new employer is obliged to hire the employee for the agreed position within a month after dismissal.

Refusal of employment

If the employer backs down, then Article 64 of the Labor Code, however, guarantees employment with the inviting organization.

In a situation where the new employer refuses to conclude an employment contract, the failed employee will be forced to go to court.

For this you will need all the above documents. A copy of the invitation will be of great importance. It is better to take it before leaving your previous job.

If you win the case, the new employer will enter into an employment contract with you, starting from the day following the day of dismissal from your previous job. In addition, the violator will pay a fairly hefty fine.

Probation

Is there a probationary period established for admission to another organization as a transfer? In this case it is not installed.

Pros of translation

In case of transfer, the employee receives advantages over the usual termination of the contract and placement in a new place:

• the current employer cannot require 2 weeks of work;
• a new contract can be concluded the next day after dismissal;
• a probationary period is not established when transferring to another organization;
• the costs of moving and transporting property must be paid by the future employer;
• Refusal to hire a person by way of transfer is subject to administrative penalties and the obligation to conclude the promised contract.

On the part of the employee, the law requires compliance with one condition - not to violate the legal term of employment.

Menu

Everyone dreams of a prestigious position, which is not so easy to find, so in anticipation of a better offer, many find employment at ordinary enterprises, hoping to receive a more advantageous offer by achieving high qualifications and acquiring the necessary contacts.

And if the goal is achieved, then translation awaits, which is of course quite possible, but only in the manner prescribed by law. In accordance with the law, a transfer is a change in the employee’s labor function by terminating cooperation at one enterprise or position and concluding a contract at another. That is, in essence, this is an appointment at the same time, but with a guarantee that employment will be carried out in any case, since in such a situation the employee is protected by law.

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Article 72.1 of the Labor Code of the Russian Federation states that, at the initiative of the employee, expressed in the application, the employer can transfer the employee to another employer for a permanent place of work. Although the same right is given to the employer, that is, he can offer the employee to transfer to another enterprise at the initiative of the enterprise, but again, only with the consent of his employee.

That is, the agreed norm implies that the transfer of an employee, either on his initiative or at the request of the employer, can be carried out, but only with the consent of all parties. If consent is not obtained, it will be impossible to carry out the transfer in the manner prescribed by law, because the principle of interaction in such a situation is the main aspect, given that when transferring, the opinions of three parties must be taken into account - the employee and the two enterprises.

As mentioned above, the initiator of the transfer can be either the employee or one of the employers, but the initiative of the parties must be expressed not orally, but in writing. Considering that only a correctly executed document can serve as the basis for the upcoming procedure under Article 77 Part 5 of the Labor Code of the Russian Federation and subsequent admission to another organization.

In particular, if the initiator of the transfer is an employee,