Staff 

In connection with applying for another job. Transferring to another job is not as scary as it is made out to be. For what purpose is it carried out?

If you need to transfer one or a group of employees from enterprise to enterprise, if you do not want a huge amount of paperwork and legislative nuances, then this article is for you. In it you will learn how to easily and quickly transfer workers from enterprise to enterprise, receive a step-by-step transfer plan, all the necessary forms of orders and the wording of entries in the work book.

There are several reasons for transferring employees from one organization to another. This could be a transfer due to the division of the company between the founders into two independent divisions, the desire of one of the employers to get an important specialist, or the desire of the employee himself to move to another organization. In any case, the procedure for registering dismissal during the process of transferring an employee to another organization requires knowledge of many legal and accounting aspects. This article will describe detailed instructions for transferring employees from one company to another, and will also reveal some of the nuances of completing such a procedure.

New place - new contract

Initially, the transfer of an employee to another organization does not have clearly defined legislative regulation. Articles 56 and 57 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation) indicate that the conclusion of an employment contract occurs between a specific employee and a specific employer.

Thus, if an employee moves from one organization to another, changing employer, he must first be dismissed from his previous place of work and must undergo an official registration procedure at the new place of work.

Why then is it necessary to prepare a translation? The transfer of an employee gives him and his future employer several advantages:

Firstly, the employee is absolutely sure that after leaving his old job, he will be absolutely guaranteed a place in the new one. He already has a preliminary agreement with the new employer, knows his salary level and is familiar with the work schedule.

Secondly, the new employer gets the desired employee. By hiring him, the employer is confident in the employee’s qualifications, knows about his skills and has a specially prepared workplace.

Thirdly, the old employer receives some kind of compensation. Perhaps it has a material expression, perhaps there was an exchange of employees between employers. There are a lot of options to motivate an employer to transfer an employee to another organization.

Translation processing procedure

This procedure can be divided into several stages:

  1. We make an offer to the employee for a transfer . It is necessary to make a special transfer offer for each employee, which must contain the basic working conditions in the new place, the amount of wages and other similar information. Simply put, you need to motivate the employee and agree to the transfer.
  2. We issue written consent from the employee. To formalize such consent, a separate application form can be developed, or the employee can reflect his consent directly on the transfer offer.
  3. We issue dismissal orders and sign new employment contracts. To complete the dismissal procedure, we use order form No. T-8a (can be downloaded). With its help, you can fire several employees at once, which saves a lot of time that could have been spent on creating individual orders.

This order must indicate:

  • In the column “Grounds for termination of the employment contract” – “Transfer by consent of the employee to LLC “XXX”;
  • In the column “Date of termination of the employment contract” - the date that precedes the day the employees were hired for another job;
  • In the column “Document, number, date” - details of the document reflecting the employee’s consent to the transfer (these documents can be attached to the application);

In accordance with Art. 56 of the Labor Code of the Russian Federation, conclude an employment contract with all employees for the new employer and formalize their employment by order in form No. T-1a (can be downloaded).

Don't forget to give both orders to employees to sign.

  1. We make entries in the work book. Based on the norms of Art. 66 of the Labor Code of the Russian Federation, initially you need to make a note about the dismissal of an employee in connection with a transfer, the wording is free, the main thing is that it is reflected that the dismissal occurs in connection with the transfer. Then, make a similar entry in the employee’s personal card, form No. T-2 (can be downloaded). After making all the entries, workers put their signatures on the card and in the work book. The last step will be to record in the labor record about admission to a new place of work in the order of transfer.

The nuances of transferring an employee from one organization to another

What happens to the employee's vacation time? Since the employee has a new employment contract, in accordance with Art. 121 of the Labor Code of the Russian Federation, his vacation period begins to be calculated anew.

Do not forget that upon dismissal due to transfer from one organization to another, the employee has the right to compensation for unused vacation at the old place of work.

He will be able to receive his annual paid leave only after 6 months of work experience at the new place of work. There can be no exceptions. The only option that will help an employee take a vacation immediately after moving to a new place of work is to provide vacation on account of future periods (Article 122 of the Labor Code of the Russian Federation).

When dismissing an employee by transfer, on his initiative, it must be recorded in the work book that the transfer was executed at the request of the employee himself. This information is recorded in the work information column. This is the requirement of the Instructions, which regulate the rules for filling out work books. In addition, when filling out a work book, it is important to adhere to the exact wording of dismissal, which is contained in the Labor Code. Otherwise, the entry will be considered invalid if executed in violation of the requirements.

What happens to pensions and sick leave? To assign a pension, the insurance period is taken into account, and not the length of continuous work, so in this case nothing terrible happens. The situation is the same with sick leave; the amount of the benefit depends on the length of insurance coverage, so it will not change.

The process of transferring employees from one organization to another is not that complicated. The main thing is to correctly document the chronology of dismissal and hiring of employees, as well as obtain all the necessary signatures. The use of special unified order forms greatly facilitates paperwork.

Additional materials on the topic:

Letter of recommendation for an employee: how to write, download a sample Characteristics from the place of work: download an example, sample drafting
Salary advance 2019: what is it and what percentage of the salary does it make?

Production needs often require personnel changes in the organization. The Labor Code describes various types of transfers to another job. They are almost always possible only with the consent of the employee. But there are exceptional situations when the employer has the right not to receive it.

The concept and types of transfers to another job

What is a transfer to another job is formulated by the Labor Code of the Russian Federation (Article 72.1). It assumes:

  • or a change in the functions performed by the subordinate (he begins to do things that are not stipulated by the employment contract with the employer);
  • or change of structural unit (department, branch, workshop, etc.);
  • or the employee moves to another area together with the employer (in order to perform the duties assigned to him there).

At the request of the employee or with his consent, he can be transferred to a completely different organization on a permanent basis. But then the previous employer terminates the employment contract with him - on the basis of clause 5 of Article 77 of the Labor Code.

Based on the definition, the concept and types of transfers to another job are interrelated. However, labor legislation also offers a different classification of this institution.

Requirement for employee consent

In particular, personnel transfers are divided into those when the employee’s consent is required, or when it is optional. In most cases, it is necessary to obtain it (Article 72.1 of the Labor Code). However, the Labor Code provides exceptions when the employer has the right to act only on his own initiative (Article 72.2 of the Labor Code):

  • in case of downtime;
  • if it is necessary to prevent possible destruction/damage to property (in emergency circumstances);
  • if it is necessary to replace a temporarily absent employee (also in emergency circumstances);
  • if a man-made or natural disaster occurs;
  • if an accident or accident occurred at work;
  • in other situations that threaten the lives of the population or disrupt people’s usual living conditions.

In such circumstances, the employee may be transferred to another job, but only within the employing organization and for no more than one month.

Transition deadlines

Types of transfers to another job are also divided according to their timing. The translation could be:

  • permanent, that is, the employee no longer returns to his previous place of work;
  • temporary:
    • during the absence of another employee
    • for a period of up to one year (if the employer has a need for this);
    • for a period of up to one month (in emergency circumstances).

If, during a temporary transfer, the employee is not given his previous job, when his term in the new place ends and he continues to work there, the transfer becomes permanent (Article 72.2 of the Labor Code of the Russian Federation). After this, management will be able to return the employee to his original position only after receiving his consent.

Source of initiative

The transfer of employees is also classified depending on who initiated it. The proposal may come from:

  • from the employer (for example, during staff reduction, when he is obliged to offer available vacancies to dismissed employees);
  • from the employee himself (this often happens if family circumstances or health conditions do not allow him to perform his previous job functions);
  • from third parties.

Third parties who have the right to initiate a transfer include the court. But he no longer comes forward with a proposal, but with a demand to implement it. For example, this happens if, when dismissing an employee who has not passed the certification, the employer does not offer him to move to another position that matches his qualifications.

As a general rule, the transfer of an employee is permitted only with his consent. However, there are cases where such consent is not required. How to formalize a transfer to another job at the initiative of the employer and when there is no need to obtain consent from the employee, read the article.

From the article you will learn:

Download documents on the topic:

What types of transfers are provided for by labor legislation?

The concept of translation contains Article 72.1 of the Labor Code of the Russian Federation. Translation is:

  • permanent or temporary change in the employee’s labor function;
  • change in the structural unit in which the employee works. In relation to a change in structural unit, the transfer will only take place if the structural unit is specified in the employment contract;
  • transfer to work in another area together with the employer.

The Labor Code provides for two types of transfer to another job: temporary And constant (Art. 72.1, 72.2 Labor Code of the Russian Federation). Permanent translation can be divided into three types:

  • to another employer;
  • to another location with the employer.

There are situations that are mistakenly considered a transfer. For example, if an employee was transferred to another workplace, then this moving. Therefore, there is no need to obtain consent for the transfer. During the move, the employee changes his workplace. At the same time, the terms of the employment contract and the labor function remain the same. The exception is situations when the workplace is indicated in the employment contract.

These personnel procedures differ not only in the presence of a temporary factor in changing the labor function, but also in the procedure for registration. In particular, if the employee will be transferred to another position on a permanent basis, this must be done entry in his work book .

The Translation Wizard from System Personnel will help you arrange a permanent transfer in two clicks.

Take advantage now

Information about a temporary change of position is not entered into the work book. So, to transfer an employee to another position, complete the following documents :

Step 2. Ask the employee to write a statement

If a transfer to a job with lower qualifications is intended, the employee’s written consent must be obtained. It can be issued in the form of an application.

Employee's statement of consent to temporary transfer

Download sample

Step 3: Issue a transfer order

After the additional agreement to the employment contract is signed, an order must be issued. Such an order can be drawn up by unified form No. T-5. At the same time, the use of unified forms is currently not mandatory. Therefore, the organization can independently develop and approve the order form.

Form No. T-5 is used to process both permanent and temporary transfers. Moreover, if the transfer is temporary, the order indicates the end date of the transfer. If this date cannot be determined in advance, then indicate in the order column: “ Before going to work _________ (employee's last name, first name and patronymic) ».

Order to transfer an employee to another job

Download sample

Step 4.Make an entry in the work book and the employee’s personal card

Let us note once again that such an entry is made only when making a permanent transfer.

Work book (fragment). Registration of transfer of an employee to another position

Download sample

Attention! An entry must be made in the work book no later than a week from the date of presentation of the new position (clause 10 of the Decree of the Government of the Russian Federation of April 16, 2003 No. 225). If there is a temporary transfer to another position, no entry is made in the work book.

Transfer to another position at the initiative of the employee

It should be noted that most often the initiator of changes is the employer. Therefore, in practice, the question arises: how to transfer an employee to another position on the employee’s initiative? Let us say right away that the procedure for documenting translation has practically no differences.

Important! The employee must declare his desire to move to a new position. It is better to do this in writing, by compiling statements. The application is drawn up in the name of the head of the organization; the application should indicate the position to which the employee plans to transfer.

After the employer has reviewed the employee’s application and made a positive decision, the further procedure for processing documents will correspond to what we have already described. Thus, it will be necessary to conclude an additional agreement to the employment contract, issue an order, make an entry in the work book (if we are talking about a permanent transfer) and in the employee’s personal card.

In conclusion, we note once again that, as a rule, a transfer takes place when the employee’s job function changes. A permanent change of position can only be made with the consent of the employee. This rule, with the exception of certain situations, also applies to the procedure for temporary transfer.

At the employee’s own request, he can be transferred to permanent work with another employer. Such a transfer can be carried out upon initiative on the part of one of the employers. In both the first and second situations, it is imperative to obtain the consent of the employee himself. The transfer of an employee to another organization is carried out after the employee has submitted a written resignation for consideration, as he intends to change one organization for another. At the same time, the current employer has no claims against him and lets him go.

Procedure for transferring an employee

Many people mistakenly believe that it will be much easier for an employee who plans to transfer to quit and get hired again. To see how true this statement is, you can imagine the following situation. Suppose that an employee of a company, after a preliminary conversation with a potential future employer, hastened to quit his job. But then the unexpected happened: some circumstances changed, and therefore the new company changed their minds and refused to hire him. Instead of a new promising position in a new place, a person may be left completely without work.

This situation can be avoided if you follow the Labor Code, which gives citizens a real opportunity to protect themselves. To do this, you will need to know that a future employer must invite you to another job only in writing.

The employee must begin work duties within a month from the moment he left another job. This gives the employee the right to enter into an employment agreement immediately after dismissal, which may not happen with a simple dismissal.

If an employee is transferred from another organization, new managers do not have the right to establish probationary periods. If a citizen simply quits and comes to get a job, then he may be assigned a probationary period.

How to transfer to work in another organization

An employee can move to another company or enterprise based on mutual agreement on the part of the current and future employers. According to the Labor Code of the Russian Federation, the initiator of a transfer can be either the employer or the employee himself. The procedure for transferring an employee begins with the registration of the dismissal procedure at the current place of work, since in the organization where he is transferring, an employment agreement will be concluded with him. In this case, an important place is given to written agreement between the management of the organization where the employee currently works and the head of the organization where he intends to transfer.

At this stage the following happens.

  1. On behalf of the head of the organization where the employee will work, a letter of request is drawn up using a special form. It must indicate the employee’s new position and the expected date when the employee will begin work in the new place.
  2. A letter of request is sent to the organization where the citizen currently works.
  3. After receiving this letter of request, the head of the organization of the employee's current place of work must agree on the possibility of transfer with the employee.
  4. In the case when an employee agrees to a transfer, he will have to write a statement in which he must indicate that he is resigning due to the transfer. A letter of request is attached to the employee's application.
  5. In turn, the head of the organization of the employee’s current place of work sends a confirmation letter to the organization of the employee’s transfer.
  6. Next, the employee is dismissed, after which he gets a job in a new organization.

Actions related to dismissal when transferring an employee to another organization

  1. An order is issued on the basis of which the employment contract is terminated in connection with the transfer (Form No. T-8).
  2. The employee’s personal card must be closed (Form No. T-2).
  3. The following entry is made in the work book: “Dismissed by transfer to (name of organization) with the consent of the employee.”

Actions with documents in a new organization:

  1. An employment contract is signed with the citizen.
  2. An order is issued on the basis of which a new employee is accepted into the organization (Form No. T-1).
  3. A new employee is given a personal card (form No. T-2).
  4. An entry with the following content is made in the work book: Accepted (name of structural unit) to the position (name of position) in the order of transfer from (name of organization).

How does the transfer process occur when the initiative comes from the employee himself?

In a situation where the employee himself is the initiator of the transfer, the stages of the transfer will be as follows:

  1. The employee writes a written statement in connection with the transfer.
  2. The head of the organization in which the employee currently works informs in writing about his employee’s intention to transfer to the head of the organization where the employee expressed a desire to transfer, and receives his approval.
  3. The entire hiring and dismissal procedure is carried out in accordance with the general rules. In the work book of an employee who is resigning, it is necessary to make an entry about his dismissal, indicating that the employee was transferred at his own request.

Current issues regarding the transfer of an employee to another organization

  • When transferring an employee from another organization, is it possible not to enter into an employment contract with him?

No. In accordance with the established rules under Art. 64 of the current Labor Code of the Russian Federation, the ban can be valid only for one month from the moment the citizen quit his previous job.

If, despite this, an employment contract is not concluded, this means that the head of the organization where the transfer is taking place is violating labor laws. Penalties for the above offenses include:

  1. For managers of an organization who ignored labor legislation, a fine of 1000-5000 rubles. (a repeated violation of this type will result in disqualification for a period of 1-3 years).
  2. The organization itself will be fined from 30,000 to 50,000 rubles.

If a new employer refuses to employ an employee, this cannot but affect the previous employer. An employee can exercise his legal right to appeal the refusal of employment in court, in addition, he can demand that he be reinstated at the place of work from which he was fired. At the same time, at the previous place of work, the employee who was reinstated will be fully paid for the time when he was forced not to work, in the amount of average earnings.

During legal proceedings, a decision may be made in which the organization will have to compensate for moral damages to an employee who was fired from work illegally. The nature of the moral damage caused to the employee and the degree of guilt of the organization are determined in court.

  • What should be done when the dismissal of an employee from his previous job is considered illegal?

In this situation, when the dismissal is considered illegal, an appropriate order is issued, on the basis of which the employee is reinstated in his position. This is reflected in the entry that must be made in the work book. For example: “Record No.___ is invalid, reinstated in previous position.” In column No. 4 of the work book opposite this entry, the details of the order according to which the employee was reinstated must be entered.

  • When transferring to work on a permanent basis in another organization, can the new employer legally establish a probationary period?

No way. In this situation, a probationary period when transferring an employee is not provided for under the Labor Code of the Russian Federation and, therefore, cannot be established.

If an employee, despite labor legislation, is given a probationary period, this will entail penalties:

  1. The leaders of the organization will have to pay 1000-5000 rubles. (if such a violation occurs again, the organization’s officials will be disqualified).
  2. The fine for the organization will be 30,000-50,000 rubles.
  • When an employee is transferred to a new organization, is a reduction in salary allowed compared to what he received before?

An employee's salary may decrease. Since the transfer of an employee to another organization is carried out only with his consent, it means that he does not object to a decrease in the level of wages compared to his previous place of work. Labor legislation does not guarantee compliance with a constant salary level when transferring from one organization to another.

Features of transferring an employee to another organization

A resolution on the preparation of a draft order to terminate an employment contract when an employee is transferred to another employer is possible only with a positive decision. The date of dismissal of the employee specified in the resolution must correspond to the date indicated in the employee’s written application, as well as the official letter of transfer. If the employer objects to the dismissal of an employee by way of transfer or is not satisfied with the dismissal date specified in the application, then all this must be presented in a resolution (a special form of refusal).

The head of the organization cannot unilaterally change the date of dismissal of an employee, nor can it differ from the date indicated in the employee’s application and letter of transfer.

After completing all stages of the dismissal procedure, the following actions are carried out:

  1. An order is issued using Form T-8.
  2. The employee's personal card is closed.
  3. A record of the employee’s dismissal by transfer is made in the work book.
  4. The information about the work indicates Article 77 of the Labor Code, the signature of the responsible person and the seal are affixed.
  5. The accounting department pays all funds due to the resigning employee.

An employee gets a job at a new place

  1. Having received the work book, the employee writes a statement.
  2. The director issues an order in accordance with Form T-1.
  3. An employment contract with an employee is concluded on a general basis (no probationary period is provided for by law).

Any violations of the Russian Labor Code will entail large penalties, since the managers and organizations that violated the law will be held administratively liable.

  • Corporate culture

1 -1

An employer can legally transfer an employee to another job. In some cases, this can be done without the consent of the person himself. Such opportunities are determined by labor legislation.

Taking into account the employee's opinion

Transfer is a change in labor functions performed by an employee or his department in an organization or together with an employer to another location. The transfer may be temporary or temporary in nature.

Art. 72 of the Labor Code determines that a transfer can only be carried out by agreement of the parties. This is in writing and signed by the participants.

The employee’s consent is not required if he moves to another workplace, to another department or begins to perform his labor functions on another mechanism or unit while maintaining the previous conditions of labor relations between the parties. That is, the employee retains his position, he remains to live in his previous place.

According to the law, it is prohibited to transfer a person to another type of work activity if due to his condition he cannot perform such duties.

The transition from one organization to another is made on the basis of a written employee with his written consent. In this case, the contract at the previous place of work is terminated.

Temporary transfer is carried out for a period of up to one year or during the absence of the main employee. In the latter case, the condition for the end of the employee’s tenure in a temporary position will be the moment he returns to the position of the main employee. If, after the end of the established periods, the employee has not been returned to his previous position, and he did not request it in his previous position, the temporary nature of the transfer becomes invalid. In this case, the new location becomes permanent.

Translation without consent

It is possible to move an employee without his consent. This can be done on. The transfer period is maximum 1 month. Such a movement is possible in the following cases, provided for in Art. 72.2 TC:

  • disaster of a natural or man-made nature;
  • , flood, famine, earthquake, epidemics;
  • accident;
  • other critical situations that threaten the well-being of the entire population or part of it;
  • by necessity.

If the above conditions are met, it is permissible to transfer an employee without his consent to another position that requires the performance of fundamentally different labor duties. These responsibilities can be expressed in taking actions aimed at preventing critical situations or eliminating their consequences.

When transferred to another job without the person’s consent, he retains the salary received at his previous place.

Temporary transfer without consent is limited by a number of conditions:

  1. It is not allowed to perform actions at the new location that are contraindicated for the employee’s health. For example, an employee is transferred to the position of a storekeeper, which involves the need to periodically lift heavy objects. If an accounting employee has the necessary certificate, he is not allowed to be transferred to an unsuitable position, even if there are grounds for a temporary transfer without consent.
  2. You can transfer for a period not exceeding one month.
  3. Branches of organizations belong to one legal entity. For this reason, transfer without consent from one branch to another is not prohibited.
  4. If the salary in the new place exceeds the employee’s income in the previous place, his work is paid in accordance with the level in the new position.
  5. With a higher salary in the old place, the employee retains his average earnings.
  6. A decrease in the employee's income as a result of his relocation is not allowed. The employee must be informed by the personnel department about the decision made regarding him.

To carry out the movement, a corresponding .

By necessity

  • Most often in practice, translation without consent occurs due to production necessity:
  • avoiding downtime;
  • prevention of destruction, ;

replacing an absent employee.

The transfer is carried out for a period not exceeding one month.

Obtaining written consent

Temporary transfer for operational reasons or in order to prevent critical situations or eliminate their consequences may be carried out without the consent of the employee. An exception is if, as a result of a transfer, an appointment to a lower one (in terms of qualification level) occurs. In this case, consent must be obtained.

In all other cases not provided for in Art. 72.2 of the Labor Code, translation is possible only on the basis of written consent.

Ways to solve the problem

Often employers have the intention of transferring an employee to another place. Lack of consent on the part of the employee confronts his superiors with the need to find alternative ways to carry out the planned relocation within the framework of labor legislation.

The most common option is to arrange a temporary transfer (production necessity). In this case, consent is not required. The pitfall is the time limit. An employer cannot detain a person in another position for more than a month.

  • Ways out of the situation: assigning a higher salary to an employee in a new place.
  • In this case, with a high probability, after a month of work, the employee will not require a return to his previous place, since for him the factor of increasing the level of income received will be significant. In such a case, the transfer will automatically be recognized as permanent. An employer can transfer an employee from position to position an unlimited number of times within one year. Each transfer must be made for a period not exceeding a month. In this case, the movements will be considered temporary and the employee’s consent will not be required. It should be borne in mind that this method is not used if it is necessary to replace an absent employee. Such a measure is allowed only once a year.

(No ratings yet)