What about hiring in the order of transfer from another organization? Please help with the correction of records in the labor. Employment by transfer from another organization: registration

You will need

• - Labor Code of the Russian Federation;
• - employee's documents;
• - enterprise documents;
• - seal of the organization;
• - forms of relevant documents;
• - details of the company where the employee works.

Instruction

If you have a suitable vacancy and you want it to be filled by a specialist with the necessary qualifications from another company, write a letter of request addressed to the director of the organization where this employee currently works. Indicate in the document that you want to accept a certain position, structural subdivision(write their names according to staffing) this employee(write his last name, first name, patronymic). If there is a need, ask for its characteristic. Certify the letter with the seal of the enterprise, the signature of the first person of your company. After you receive a response letter with a positive decision, wait for some time until the specialist leaves his previous job in the order of transfer.

After passing the dismissal procedure, the employee must write. In its content, he should express his request for admission to work translation from another organization. The application must be signed and dated. After consideration, the director must affix a resolution containing the date and signature on it.

Conclude an employment contract with the hired employee. Write down the rights and obligations of the parties in the document. This employee must be accepted common grounds, that is, without establishing probationary period, which is enshrined in the Labor Code of the Russian Federation. On the part of the employee, the accepted specialist must sign the contract in the order of transfer, on the part of the employer - the director of the enterprise. Certify the document with the seal of the organization.

Based on the application and employment contract make an order. In the administrative part, indicate the name of the position, structural unit where this employee was accepted. Enter the amount of salary that is set for him on this place work. Write the last name, first name, patronymic of the employee in accordance with the submitted documents.

In the work book of a specialist, put the serial number of the entry, the date of admission to the position Arabic numerals. In the information about the work, indicate the full and abbreviated name of the company in accordance with the charter or other founding document. Enter the position, structural unit where the employee is accepted. Make a reference to article 77 of the Labor Code of the Russian Federation. Enter the name of the company where the employee left. In the grounds, write the number and date of the order for admission to work in order of translation.

Leaving for the purpose of moving to another position in your own organization or moving to a new employer is called a transfer and provides an employee with many guarantees. Often companies transfer branches of their business to another city, and sometimes outside the Russian Federation. Territorial movement is also a translation.

For internal translation, they can be changed as official duties employee and department. Internal transfers are divided into permanent and temporary.

Grounds for the procedure

To make an external transfer to another employer, the current employer must have written permission - the request of the employee. For internal movements, the consent of the employee is not always required.

Registration at the initiative of the employer

In the case of minimizing staff and reducing the volume of work in order to reduce costs, the management of the organization can negotiate with third-party employers about their employees to them. Such a translation in without fail requires the consent of the employee.

Required Documentation

The following documents are required for translation:

1. A written agreement is drawn up between the heads of the companies, in which the desire of both parties is recorded. It is best if the parties draw up and sign a tripartite agreement, or a bilateral agreement with the employee's application for dismissal and employment in a new place.
2. The employee must write a letter of resignation from the previous job. The cap has a standard form, is filled in in the upper right corner indicating the full name of the official, the name of the organization, the full name of the employee and his position. The name of the document is fixed in the middle. The following is the request: “I ask you to dismiss me in the order of transfer from such and such a date (date) on the basis of paragraph 5 of Article 77 of the Labor Code of the Russian Federation”
3. The employee must write an application for admission to a new job. The cap has a standard form, is filled in in the upper right corner indicating the full name of the official, the name of the organization, the full name of the employee and his position. The name of the document is fixed in the middle. The following is the request: “I ask you to accept me for a position in the order of transfer from the company (name) from such and such a date (date)”. Signed and dated below.
4. Compilation and signing takes place according to the standard scheme.

   However, the fact of the movement of the employee must be indicated.

   The contract includes the following items:

   
5. A job application can be made as unified form, and in any form on the letterhead of the organization. The wording should be as follows: "In the order of transfer at the request of the employee" or "In the order of transfer with the consent of the employee". The scheme of writing the wording depends on the specific situation.

   The order must contain the following data:

   1. company name (previous place of work, as well as a new one);
   2. document number, title and date; – grounds for transfer;
   3. type of transfer (temporary or permanent);
   4. Name of the employee and position;
   5. the size wages(salary);
   6. personnel number of the employee (if any);
   7. a document serving as a basis (for example, an employee's statement);
   8. after reading the order, the employee must affix his signature;
   9. signature of the head of the company and other authorized persons.
6. It is also necessary to reflect the translation in the work book.

Sample entry in the labor on dismissal in connection with the transfer:

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

The procedure for actions initiated by the employee

In most cases, the transfer is initiated by the employee himself. This is due to finding a more suitable place to work.

If an employee quits on his own, then this step will not give him any guarantees that he will be accepted into new company within a month.

Therefore, there are a number of documents for a competent, from a legal point of view, transition. These documents include:

1. tripartite agreement.
2. Invitation of a new employer.
3. The statement or consent of the employee himself, if the heads of the companies have drawn up a bilateral agreement.

Besides, :

1. Worker Education Diploma.
2. Identity document.
3. Military ID or registration certificate.
4. Medical certificate (according to the situation).
5. SNILS.
6. Labor book.
7. Work permit for foreign citizens (read more about the features of employment of foreigners).

Employee Guarantees

1. Pay the fare for yourself and your entire family. In case the transfer is carried out to another region, locality or country ().

   Cash can only be obtained in the case of a competently written letter of invitation from the leadership of the new organization. Such a document is drawn up by the new employer on the letterhead of the organization and signed by the head.

2. Cancellation of the need to work two weeks in connection with the dismissal from the previous job.
3. Absence when transferring to new position to a new employer.
4. The new employer does not have to refuse employment in connection with the transfer ().

What to do in case of refusal?

If a new employer refuses to accept the transferred worker, then he can go to court (for cases of legal and illegal refusal to hire and what can be done, read).

To file a lawsuit, a copy of the invitation to the new organization will serve as evidence. Therefore, it is better to take this document immediately, preferably before dismissal from the previous place.

If the plaintiff wins the case in court, the employer will hire him and conclude an employment contract from the day following the date of dismissal. As mentioned above, in the order of transfer to a new organization, a probationary period is not assigned to an employee.

Summing up, it can be noted that dismissal by transfer can be very beneficial for the employee. Therefore, if such an offer comes from the employer, you can safely consider it, having studied in detail all the nuances and weighing all the pros and cons. In a situation with downtime and other adverse circumstances, you can take the initiative into your own hands.

The transfer of an employee to another job may be due to production needs or the life circumstances of the employee himself. You can transfer an employee both within the enterprise (to another department, workshop, etc.), and to remote branches or subsidiaries. A permanent transfer is possible or, with clearly defined deadlines. If the employee is nevertheless transferred to another place or position, what should the entry in the work book about admission in the order of transfer look like?

Translation at the request of the employee

The algorithm in this case is as follows:

1. A worker who wants to transfer to another place of work writes an application for employment by transfer addressed to the head of the enterprise (branch, workshop, department) where he would like to work.
2. If the head of the branch (workshop, etc.) agrees to accept such an employee, he submits a request for the former place of work of this person. The document contains a request for the dismissal of this employee in connection with the transfer to a new job. The request is attached by the employee to the application for dismissal in connection with the transfer to the main place of work.
3. If a positive resolution is imposed on the application for dismissal on transfer, then Art. 77 of the Labor Code of the Russian Federation provides for a gap labor agreement with such an employee. An order is issued for the enterprise in the form No. T-8 or 8a, which is signed by both the head of the organization and the departing employee.
4. The following is done in the work book: “Accepted in (indicate the department, branch and position) in the order of transfer from (indicate the place where the employee was transferred from)”. The desire or consent of the employee is recorded as the reason, the corresponding article of the Labor Code is indicated.

Art. 80 of the Labor Code of the Russian Federation reserves the right for those leaving the transfer to change their mind and stay at their previous place of work, unless the employee has already been accepted there.

Memo to management hiring a translation worker

Employment by translation provides for some restrictions for the employer. After the official registration of the transfer of an employee to a new place of work, he cannot be refused admission to new job, since the manager expressed written consent to employment this employee. This prohibition is valid for 30 days from the date of dismissal of a person from the previous workplace (Article 64 of the Labor Code of the Russian Federation). According to Art. 70 of the Labor Code of the Russian Federation, with such a transfer to work, a person is taken without passing a probationary period. In addition to these two conditions, the employment process remains normal: after signing the employment agreement, an order is issued for the enterprise and a record of the transfer is made in work book.

Translation at the request of the employer

If in the interests of the enterprise it is necessary to transfer a specialist to another place of work, then first of all, the consent of the employee is required (Article 72.1 of the Labor Code of the Russian Federation) in writing. An agreement is signed between the former and future employer of the transferred person, which specifies:

• The mode of work of a person in a new place.
• Working conditions.
• Salary or hourly rate.
• The place where the person will work.

After drafting and signing the agreement, it is presented to the transferred employee for review, and a written transfer proposal is issued. A person can express his consent or disagreement by writing it directly on the form with a transfer proposal.

In the case of an agreed transfer, a record of the transfer is made in the work book, similar to the one indicated above, but a note is added: “with his consent”.

Dismissal in the order of transfer to another organization can be issued when there is consent:

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

invited employee;

employer from the previous place of work.

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

How is an invitation issued by a company?

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

Letter of resignation in order of translation, sample

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

How is an application made?

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

Sample application:

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

Issuance of a transfer order

The head issues a dismissal order drawn up by. The following documents are indicated as the basis for leaving:

invitation of a future employer;

the consent of the current employer;

statement or consent of the worker.

The dismissed person is introduced to the order under the signature. On the day of his departure, the payment is transferred to him and the book is returned with an entry on the termination of the contract made in it.

What does a contract termination record sound like?

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

Can a new employer refuse to hire?

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

The legislation also provides for administrative liability for such a violation. According to part 3 of Art. 5.27 of the Code of Administrative Offenses, a fine in the amount of 10 to 20 thousand rubles may be imposed. on the executive, from 50 to 100 thousand rubles. to the organization.

Employees move from one enterprise to another on the initiative of the head or personal. In any case, the process is multi-stage. How does everything happen, and how long does this process take? The process of hiring a transfer from another enterprise is more complicated than regular employment, and requires more paperwork and red tape, but one of the advantages is that if a potential manager refuses employment, he has the right to go to court. (Article 169 of the Labor Code of the Russian Federation). A transfer employee has the same rights and obligations as an ordinary employee.

Employment from another organization - the procedure for registration

Employment upon transfer from another enterprise is somewhat different from the standard one after dismissal, and admission to a new position. Since three parties are involved here, and the interest of each must be taken into account, the procedure must be coordinated, and in accordance with the law. The process involves a potential employer, an employee, and the director of the company in which the employee works. Stage one - the host party or the employee must draw up a request to assign the employee to another organization, with the written consent of the latter.

Consent is drawn up by the employee personally, by hand, with the wording that he agrees to be transferred to a new job. This is recommended if the third party is located in another locality, then, the employee has the right to a paid move, not only for himself, but also for the household. The second stage is the dismissal of the employee on a personal initiative, with an application for transfer to a new company. Further, the head of the enterprise, which the employee leaves, issues an order, of the appropriate form, on the transfer to a new place of work.

Sometimes the process of transferring to a new organization occurs by agreement of two employers, without the employee's personal initiative, in which case his application to transfer to another company is also required. When an employee is dismissed by the employer, the justification is a written request for the transfer of the employee from another organization, and the written consent of the latter. The procedure for the transition without the consent of the employee is established in article 72.2 of the Labor Code of the Russian Federation. The 3-party agreement contains information on the timing and procedure of the procedure, and on working conditions for the employee.

In some cases, the transfer of an employee to another job is carried out without the consent of the employee - this is described in another material.

Record of employment in the order of transfer from another organization

The mark in the book must necessarily contain information that the employee was dismissed in connection with the transfer to another enterprise and at his personal request, and not in a different wording. Further, the employee receives vacation pay. After the issuance of the payments due to the employee, and the completion of the dismissal procedure, an entry must be made in it. A note is entered in the book stating that he was fired from his place of work, by personal consent, and in connection with the transfer to another enterprise. (the full name of the enterprise is indicated). The mark is entered by an employee of the personnel department, with the appropriate visas.

Application for employment in the order of transfer from another organization

The paper is written based on a request from the host company (a copy of the document is attached). At the top of the sheet it is indicated to whom it was sent (position, initials), and from whom. Further, in the main text, a request for dismissal is written, under article 77, part 5 of the Labor Code of the Russian Federation, in connection with the transfer to work in another company. Under the main text: date of compilation, personal signature and full name. employee.

Order on employment in the order of transfer from another organization - sample

The director issues a written order stating that cooperation with the employee is terminated due to his transfer to a new place. The document is written according to a standard pattern (form-T-8).
The full name of the enterprise is indicated in the top line, the serial number of the order and the number of compilation.

Below is a letter of dismissal, indicating personal information and positions of an employee, in connection with the transition to a new enterprise. With base application. (requests for transfer from a third-party manager). Below it are the initials and signature of both, indicating that the employee has read the document, and the date when the document was written.