Important nuances when writing a letter of resignation in order to transfer to another organization

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Published: 04/15/2016

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The labor legislation of the Russian Federation provides for two types of employee transfer:

• interior,
• external.

In the first case, it occurs between different departments of the same company; in the second case, the employee is transferred to another organization.

The last type of translation raises the most questions and difficulties. That is why it is worth considering this procedure and the features of its implementation in more detail.

• The essence and features of dismissal with transfer
• Conditions for employee transfer
• Dismissal procedure On the employee’s personal initiative
• With the written consent of the employee
• Upon written request of the new employer

Differences between these two types in 2021

Classification

Dismissal by transfer is permitted by Article 72.1 of the Labor Code. The main difference from other types of care is the guarantee of employment. It can be internal and external.

• Internal - occurs within an organization when an employee remains subordinate to the same employer, but his responsibilities or structural unit changes. This category also includes the movement of an employee to another area if the enterprise or company has changed its location.
• External – an employee changes employer with the consent of both the former and future hirers. In this case, the employee transfers only to permanent work.

The transfer requires the consent of the employee. Exceptions occur only during internal reshuffles and are usually associated with force majeure: accidents, fires, liquidation of the consequences of disasters, and so on. Also, if a worker is transferred to the same position and with the same report, his consent is not always required.

Registration of a notice of dismissal by transfer

Initiators

The initiator can be either an employee or a hirer.

• In the first case, the employee is recommended to receive an invitation from the future employer in order to guarantee employment. Then the employee writes a statement, and if the manager agrees, then the dismissal procedure can begin.
• In the second case, the hirer must obtain a signed employee agreement for internal or external transfer.

Transfer of pregnant women, women on maternity leave, single mothers or large families at the initiative of the employer is prohibited.

Decor

If the agreement of all three parties is reached, an order is issued in form T-8, which indicates the reason for termination of the employment contract, the name of the company to which the employee is transferred, document details, and it is also necessary to mention that the procedure is carried out with the consent of the employee or at his request.

An entry is made in the work record, where the article is indicated - clause 5, part 1 of Art. 77, that is, dismissal due to transfer, and the reason is described - the employee’s consent or his independent decision. When joining the staff at a new place of work, it is noted in the book that the employee was hired as a transfer. The employee must be paid compensation for unused vacation and given a salary certificate for the last 2 years.

If an employee is dismissed in this way, the new employer does not have the right to refuse to employ him. However, this agreement only lasts 1 month. If during this time the employee does not have time to transfer - due to illness, for example, then the employer may refuse to hire him.

Methods

• Dismissal at will is the most common and most unprofitable method for the worker. Does not include any guarantee of employment or compensation. In addition, he can receive the status of unemployed, as well as the payments due, only after 3 months.
• Leaving by agreement of the parties is a better option. At the same time, the work experience is retained for 1 month, the citizen receives the status of unemployed on the 9th day after registration, benefits are paid longer. It is also possible to receive compensation if the initiative to terminate the employment relationship came from the manager.
• Dismissal due to reduction does not imply the consent of the employee, but it guarantees compensation for at least 2 months, and in some cases even 3, if during this time the worker does not find a new place of employment.
• Dismissal for absenteeism is initiated by the employer, does not provide any benefits and creates an unflattering reputation for the employee.
• Dismissal upon expiration of an employment contract – a fixed-term contract has an agreed end date. If neither the employee nor the employer wants to extend it, dismissal is made within this period. Compensation is not specified, but an employee receives the status of unemployed in the same way as someone who quit by agreement of the parties - from the 9th day after registration.

All of the above methods do not imply employment, while this is guaranteed with translation.

Order of dismissal by transfer

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Rules for filling out a work book

We make a record of dismissal due to transfer in the work book in accordance with the Instructions for filling out work books, which was approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69.

Recording options:

• “dismissed due to transfer at the request of the employee (or with the consent of the employee - depending on the situation) to work for another employer, clause 5 of part 1 of article 77 of the Labor Code of the Russian Federation”
• “the employment contract was terminated due to a transfer at the request of the employee (or with the consent of the employee, depending on the situation) to work for another employer, paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation.”

Abbreviations are not allowed. The employee must sign the work book to confirm that he/she has read the entry.

What is better - transfer or dismissal in 2019

Dismissal due to transfer is the result of a tripartite agreement. This is one of the rare situations that benefits all parties to the contract. However, there are pitfalls here.

For employee

If the employee is satisfied with the proposed position and salary, then this method of dismissal literally consists of only advantages:

• the contract stipulates a clear date of departure;
• if at the same time the employee needs to move to a new place of residence, he has the right to demand compensation for the move;
• wages are maintained or even increased;
• compensation for unused vacation days is paid by the previous employer;
• the employee hired by transfer does not complete the probationary period;
• employment is guaranteed, so there is no need to register with the Exchange or look for a place of employment on your own.

The only drawback of this solution is that the job guarantee lasts 1 month. If during this time the employee does not go to a new place, the employer has the right to refuse him, so he will not be able to rest before new work achievements.

For the boss

Dismissal due to transfer is also beneficial for the employer if he is satisfied with the prospect of losing an employee. The advantages are as follows:

• dismissal due to transfer can also be initiated by the employer himself. When reducing staff or liquidating an enterprise, this is a much more profitable method for the manager, since it excludes compensation and additional payments;
• if the termination of the relationship was initiated by the employee, then by agreement the employer can stipulate the date of dismissal in his own interests: for example, so that the resigning employee has time to transfer his official duties to another employee.

The disadvantage is the possibility of losing a valuable employee.

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Terms and guarantees

The receiving party needs to know that dismissal by transfer to another organization has its own legal consequences and provides guarantees to the employee:

1. If an employee is dismissed upon transfer to another organization, the new employer loses the right to refuse such an employee employment and, on the contrary, becomes obliged to hire him within a month from the date of dismissal (Article 64 of the Labor Code of the Russian Federation).
2. If an employee is hired as a transfer, then no test is imposed on such an employee (Part 4 of Article 70 of the Labor Code of the Russian Federation), since it is considered that the invited specialist is highly qualified and meets the requirements for his position.

Useful information in 2021

Dismissal due to transfer has some features:

• if the procedure was started at the initiative of the employee. He fills out an application in the appropriate form indicating the name of the organization and the position for which he is going to be hired. A letter of invitation from the future hirer is also required;
• if dismissal by transfer is proposed by the boss, a written agreement from the employee to the transfer is required - both external and internal;
• the dismissal order is issued only in the unified form T-8;
• the refusal of a new employer to hire an employee who resigned due to transfer and showed up before the end of the agreement is a violation of the law. The court imposes a fine of 10–20 thousand rubles. for an official, and up to 100 thousand for a legal entity;
• It is more profitable for an employee to achieve a tripartite agreement. The execution of such an order is accompanied by relevant documentation. The latter acts as proof of the offer if the future hirer refuses the place and the worker goes to court;
• the labor code prohibits the transfer of young specialists to positions that do not correspond to their qualifications and specialties;
• a transfer may be offered to a worker undergoing a probationary period. Moreover, at a new place of work, a new probationary period is not assigned.

Dismissal by transfer is a slightly more complex procedure than leaving at your own request or by agreement of the parties. However, this option is beneficial to both the entrepreneur and the employee.

The video below will tell you how to properly process an employee transfer:

Grounds for termination of an employment contract for transfer

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.

3 party agreement

• the presence of a voluntary expression of will of 3 parties - the old and new employer, employee;
• the opportunity for an employee to dismiss by transfer by agreement - both with and without . For example, you can agree on a period of work before leaving of 1-2 days or a week, or even leave the company on one date;
• There are no restrictions on this option of terminating employment relations for any category of employees, since it is not related to the initiative of the company administration.

27 Jan 2021 jurist7sib 93
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To whom the employer does not have the right to refuse a transfer

If a representative of a certain category of employees requests a transfer, the employer does not have the right to refuse this. We are talking about facilitated working conditions, which are often needed by:

• pregnant women,
• mothers with children under one and a half years of age,
• employees with certain physical disabilities,
• those who were injured as a result of work.

In other words, these individuals, having written an application for transfer to an easier job, can have no doubt that the employer will meet them halfway - at least by law he is obliged to do so.

Structure

• information about HR department employees responsible for recruiting employees;
• requirements that applicants must meet, in particular, this may include work experience, education, etc.;
• implementation of the personnel selection procedure, which is expressed in telephone conversations, personal meetings, etc.;
• list of actions used when recruiting employees;
• principles that are considered when considering candidates;
• list of documents for employment;
• distinctive features of an employment agreement.

When applying to a general education institution or other organization, the employer must notify applicants in advance of the need to provide additional documentation. Notification is not required if the list of documents coincides with what is reflected in Article 65 of the Labor Code of the Russian Federation.

If the manager refuses to let the employee go

If an employee has expressed a desire to resign by transfer, but his employer is against this, then the employee has no choice but to leave of his own free will. In this case, the employee is left without protection before the new manager.

That is, if dismissal occurs due to transfer, then the receiving party must employ the employee within a month, otherwise he may go to court. By a court decision, they can either reinstate him to his previous place of work, or oblige the head of the receiving enterprise to hire this employee.

If the dismissal occurs at will, then there will be no one to file a claim with.

Sample application for transfer to another job

The application is written personally by the employee in any form or according to a sample developed within the enterprise. In this case, the text must contain some mandatory information. In particular, you need to indicate:

• Name of the organization,
• position and full name of the manager,
• personal information about the employee himself: his position, surname, initials.
• what kind of vacant position the employee is applying for,
• reason for transfer,
• date.

In the text, it is important to note the fact that the author is familiar with the working conditions at the new workplace and agrees with them.

If any additional documents : a certificate of education, a medical record, a character reference, an attestation sheet, etc., this must also be reflected in a separate paragraph in the main part of its content.

There is also no framework provided for completing the application: you can write it either by hand or in printed form, either on letterhead or on a simple blank sheet of A4 or A5 format. In this case, the document must bear the signature of the employee himself, as well as, if provided for by internal procedures, the visas of the heads of the relevant structural units.

It is recommended to prepare two copies of the application, one of which is handed over to the employer’s representative, the second, after being endorsed by the secretary, remains in the hands of the employee. In this case, the employer’s copy must be numbered and registered in the internal documents register.