Hiring by way of transfer from another employer. How to apply correctly? Hiring from another organization - application procedure

Transfer to another organization: features

Labor legislation provides for a method of changing jobs that is beneficial for an employee in terms of guarantees - dismissal by transfer.
Dismissal by transfer to a new employer is the termination of the employment agreement on the basis provided for in clause 5, part 1 of Art. 77 of the Labor Code of the Russian Federation, conditioned by a tripartite agreement between a citizen, his current employer and a new employer on guaranteed employment with the latter.

The possibility of terminating an employment agreement with a subsequent transition to a new employer is provided for in Part 2 of Article 72.1 of the Labor Code of the Russian Federation. This norm describes two possible situations when the decision to change jobs can be decided in this way:

1. Transfer between employers at the initiative of the employee himself. As a rule, an employee who has found a new, more attractive job option agrees on the transfer with both employers. If all parties agree, the matter remains only with documentation.
2. Transfer at the will of both employers. Situations with this option of dismissal-transfer can be varied: one of the employers is reducing its staff and wants to employ its workers, including for reasons of economy (you won’t have to pay severance pay), the owner of the company plans to liquidate the existing company and open a new one without losing employees, etc.

https://www.youtube.com/watch?v=upload

It should be noted that a transfer to a new employer, in contrast to a change of position within one organization, in all cases is carried out only with the consent of the worker.

The Law of the Labor Code of the Russian Federation states that transfer to another organization is a changed labor function of an employee, characterized by the termination of cooperation with the previous employer and the conclusion of an agreement with a new one.

If we consider the process on a larger scale, then from a legal point of view, a transfer is a dismissal and a job at the same time. The peculiarity of such employment is that the guarantee of acquiring a new job is 100% guaranteed; otherwise, the employee will be protected by the law.

Both the employer and the mercenary can initiate the transfer of an employee to another organization. The offer may also come from a potential employer. The initiative must be documented.

Due to the fact that only correctly drawn up documentation can serve as a reason for transfer, in order to avoid legal problems it is recommended to write an application and conclude a new contract under the supervision of a competent person.

We invite you to familiarize yourself with Restructuring of Problem Debt

If the employee himself has expressed a desire to move to another organization, a corresponding application must be drawn up and submitted with a request for transfer to a permanent workplace in another institution.

Sample application for transfer to another job

The application must be accompanied by a formal letter of offer from the future employer. The letter represents a request for approval of a transfer between organizations.

Sample invitation letter for transfer to another job

At first, it may seem easier to quit your current job and immediately get a new one. This is a big risk, since the potential employer will not assume obligations to the employee and can easily refuse him. In this case, the law will be on the employer’s side.

Why official translation is safer:

1. The employee has the right not to work for 14 days. The receiving party employs the quitter on any agreed day.
2. By law, the receiving party does not have the right to change its mind after the transfer application has been approved.

From the above, the conclusion follows: the employee is protected by the law of the Labor Code of the Russian Federation (Article No. 64) in the event of misunderstandings between the dismissing and receiving parties.

In this case, the translation procedure is slightly different. Both the previous and the future employer can offer a change of workplace. This often happens during forced staff reductions: valuable employees are transferred as “compensation” to a similar position in partner organizations or institutions conducting similar activities. Also, cases of interest in creative employees of other companies are not uncommon.

Therefore, the first stage is to agree on the transfer of the mercenary between the two employers (in writing). Once the decision has been made and both parties are happy, the next step is to obtain consent from the employee himself.

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.

How long does the procedure take?

Depending on whose initiative the dismissal through transfer occurs, the following documents may be the reason for launching the appropriate procedure:

• an employee statement written on the basis of his receipt of an invitation letter from a new employer;
• notice of intent to transfer an employee to another employer based on receipt of a letter of offer from the new employer.

It must be remembered that in any case, the consent of both parties to the employment relationship for dismissal and transfer to another employer must be expressed in writing:

1. The employer puts the appropriate resolution on the application. Without his approval, dismissal by transfer cannot take place; the working citizen will have to rewrite the application, indicating another reason for dismissal (for example, at his own request), while observing the formalities required in this case (for example, working the required two weeks). Of course, in this situation you can no longer count on legally guaranteed benefits when concluding a new employment agreement.
2. On the notice of transfer, the dismissed citizen makes a note indicating his consent or disagreement. In the latter case, the employer does not have the right to dismiss him on the grounds in question.

We invite you to familiarize yourself with the hiring of a former civil servant in 2020, registration, notification, Labor Code of the Russian Federation

Once the basis for dismissal by transfer is documented (by drawing up an application or notice), the date of the last working day is agreed upon, the procedure for the employer is no different from ordinary dismissal. The entire procedure can be represented as the following sequence of steps:

1. Issuance of an administrative document on dismissal (order) indicating the appropriate grounds for termination of the employment relationship - transfer to another employer (clause 5, part 1, article 77 of the Labor Code).
2. Familiarization of the dismissed person with the order.
3. Making required payments to the employee.
4. Making a record of termination of employment in the company in the work book, personal card and employee file.
5. Issuance of a work book to a citizen against signature.
6. Notifying the concerned services and bodies - the military commissariat and the bailiff service - if necessary.

Often workers undergoing transfer are afraid of their uncertain status. Therefore, the question of the timing of the procedure is always relevant. Unlike the process of dismissal or employment on a general basis, transfer to another organization does not have a fixed scheme at the legislative level. Accordingly, all three parties (two employers and an employee) independently develop and agree on a dismissal and hiring scheme, taking into account individual wishes. In some cases, this may delay the translation process.

Transfer procedure

The procedure for transferring an employee to a permanent job in another organization usually begins when the employee receives a written invitation to work from a potential employer. A less common situation is when a future employer himself writes a letter to the current one with a request to allow the transfer of a specific employee to work for him.

These documents can be drawn up in any form; there are no mandatory requirements for them.

The employee approaches the employer with the invitation, submitting at the same time a written statement of resignation in the order of transfer.

It is important to understand that the law does not oblige the employer to necessarily agree to the request of the employee (another employer) for a transfer, but only provides for its possibility. Therefore, the employer has the right to refuse the employee’s request.

The employer can formalize its decision either as a resolution on the employee’s application or as a separate document.

In cases where the transfer is planned not at the written request of the employee, but with his consent, the actions of employers are somewhat different.

They exchange relevant documents among themselves, and written consent is taken from the employee in the form of:

• statements;
• or the inscription “I agree” and signature made by him personally on the basis document (invitation, letter, etc.).

Registration process

Hiring to a new place of employment begins with conditional dismissal. At this stage, a person belongs neither to the category of the working population nor to the category of the unemployed.

If cooperation with an organization is terminated at the initiative of the mercenary, the following documents must be collected:

• application requesting transfer;
• order from the employer in accordance with Article No. 77 of the Labor Code of the Russian Federation.

If the initiator is an employer, an invitation from the host party and the written consent of the employee are required (the documents listed above are required).

Is it possible to transfer unused vacation during a transfer?

According to Art. 127 of the Labor Code of the Russian Federation, when dismissing an employee in connection with a transfer to another company, the former employer must act as follows if the subordinate has unused vacation:

• Pay monetary compensation.
• Provide leave followed by dismissal if the terms of the transfer agreement allow it.

In the latter case, it is necessary to be guided by the date on which the employee must begin performing new duties. While a citizen is on vacation, he is registered in the previous organization and cannot be accepted into another.

What payments are due to an employee?

Upon dismissal by transfer, the employee is accrued a standard set of payments, the composition of which depends on the specific situation. There are just a few things to note:

• contrary to a common misconception, the working period for calculating the length of service giving the right to leave at a new place of work is not transferred, which means compensation must be paid for unused leave, if any;
• dismissal by transfer does not entitle the employee to receive severance pay.

We invite you to familiarize yourself with the Annual Medical Examination: who undergoes it and how, list of professions

What documents will be needed for translation?

The set of documents will consist of several items. Without it, the official completion of the procedure is impossible.

• Consent and decision of both managers, documented in writing.
• The ideal option is when a tripartite agreement is drawn up. An application for employment in the order of transfer from the employee himself is added to the decisions of managers.
• The contract specifies not only the validity period, but also the date of entry into a new position, the name of this position, a description of the regime, along with the nature of the work and the workplace itself, working conditions, and payment rules.
• Notice of transfer to another boss, also in writing.

If the employee signs all the documents, it means he agrees with all the conditions put forward.

Features of the employment contract

https://www.youtube.com/watch?v=ytcopyrighten-GB

After all documents have been submitted and approved, an employment contract is concluded. A corresponding entry is also made in the employee’s work book. The entry in the work book looks like this: “Accepted to the position of (full name of the position) as a transfer from (full name of the previous organization).”

Sample entry in the work book about employment by transfer

Both parties issue an order for the dismissal (sample order - form T8) and, accordingly, the hiring of an employee (sample order - form T1). The order must mention that the employee was officially transferred between two organizations while retaining his employment powers.

Sample order for dismissal by transfer

Sample order for employment by transfer

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.

Is there a probationary period?

A probationary period upon admission is the right of the employer to determine the professional suitability of a new employee. The presence of the test and the duration are fixed in the contract, which will be invalid without the signature of the person applying for the job.

The legislator thus limited the employer's ability to dictate his terms to the person hired. In addition, the regulations of the Labor Code establish a list of persons who cannot be subject to a probationary period when hiring.

Citizens whose employment is based on transfer belong to a protected category. The new employer does not have the right to include a probationary period in the contract. The procedure for processing a transfer implies that he has an idea of ​​the level of professionalism of the invited employee. Additional verification, according to the norms of the Labor Code of the Russian Federation, is not required.

The employee can appeal such a deviation from the law to the labor inspectorate, which, in turn, can make a representation in court. For failure to comply with labor legislation, the employer is subject to administrative punishment in the form of a reprimand or fine.

Basic documents for registration of dismissal

All letters are written in any form. The application from the employee and the order from the manager must be drawn up in accordance with all the rules. Below we provide a table with which you can correctly draw up the necessary document.