The transition of a citizen from one employer to another, or a change of workplace within one company, are procedures related to the implementation of certain bureaucratic rules regulated by Art. 72.1 of the Labor Code (LC) of the Russian Federation. Let us consider in detail how a transfer is carried out through the dismissal procedure.
General concepts
The transfer of an employee to a new workplace can be external or internal. The transfer option depends on where the rotation of labor takes place: within one organization or the employee moves to another organization.
An internal transfer of an employee implies that a citizen changes his workplace in a company with his employer, that is, he moves to another structural unit or his job responsibilities change. Such a move within the company can be temporary or permanent (learn more about temporary transfer of an employee to another position). An internal transfer can only be made with the consent of the employee, with the exception of force majeure circumstances (natural and man-made disasters, liquidation of their consequences, etc.). These conditions are specified in Article 72.2 of the Labor Code of the Russian Federation.
Note: when an employee needs to move to work in another city, but does not change the employer (for example, an employee goes to work at a subsidiary), then such a transfer cannot be considered external. It is not formalized by dismissal. An external transfer involves a change of employer.
An external transfer assumes that an employee terminates an employment contract with one employer and enters into it with another within 1 month. This procedure can only be carried out with the consent of the citizen.
Dismissal through transfer to another employer
A transfer to another organization through a dismissal procedure can be initiated by the employee himself or by his employer (present or future). This form of transition, according to Art. 169 of the Labor Code of the Russian Federation, provides the following benefits:
- guaranteed execution of an employment contract with a new employer;
- payment of expenses associated with moving to another location for the employee and his family members.
When dismissed by transfer at the request of an employee, he needs to ask his future employer to issue a special letter of invitation to work in his organization (read how a transfer to another job within the company occurs at the employee’s initiative).
This letter must contain specific information:
- last name, first name, patronymic of the employee invited to work;
- the position to which the employee is transferred;
- date of intended transfer;
- employer's signature and company details.
In addition to providing this letter, the citizen needs to write a letter of resignation with mandatory wording that would indicate that the dismissal is being made for the purpose of moving to another organization. You must also indicate its full name.
Additionally
When dismissing an employee, the employer is obliged to issue him a certificate confirming his salary for the last two years. This is due to changes in the rules for paying benefits on sick leave since 2011 (by order of the Ministry of Health and Social Development of Russia No. 4n dated January 17, 2011).
The option in which the employer initiates the transfer procedure is slightly different in its design. Such a transfer is carried out on the basis of a formalized tripartite agreement, the parties to which are the current and future employers, as well as the employee himself.
The agreement fixes:
- duties of the parties;
- translation deadlines;
- position, pay, working conditions of the workplace where the employee is transferred.
Translation procedure algorithm
After submitting the above documents to the HR department, employees of this unit must perform a number of protocol actions. For greater clarity, let us present the algorithm for the procedure for external transfer through dismissal using a table.
| Stages | Action to be performed | Required documents | Regulatory document |
| 1 | Execution of a dismissal order with the wording “in connection with the transfer at the request of the employee” or “in connection with the transfer with the consent of the employee” in form T8 | — Statement from the citizen (or his consent), — letter of invitation (or tripartite agreement) |
clause 5, part 1, art. 77 Labor Code of the Russian Federation |
| 2 | Familiarization of the employee with the order under personal signature | Order of dismissal based on transfer f. T8 | |
| 3 | Filling out the T2 form card: — Page 4 – grounds for dismissal, — Page 2 – employee’s signature |
Order of dismissal f. T8 | |
| 4 | Making a record of dismissal in the work book indicating the number and date of the dismissal order, as well as the regulating article of the Labor Code of the Russian Federation. | Order of dismissal f. T8 | — Instructions for filling out work books for No. 69 dated October 10, 2003, - clause 5, part 1, art. 77 Labor Code of the Russian Federation |
| 5 | Carrying out cash settlements with the dismissed employee: issuing unpaid wages and compensation for the unused vacation period (if any). The calculation is carried out on the last day of work and is drawn up with a note-calculation according to f. T61 | Order of dismissal f. T8 | |
| 6 | Issuance to the employee of a work permit and salary certificate for a 2-year period before dismissal |
Possible problems
How to fire a woman on maternity leave
There are situations (for example, liquidation of a company) when it is necessary to transfer a woman who is on maternity leave to work in another organization. If the initiative comes from the employee herself or she agreed to the employer’s proposed dismissal through transfer, then this happens in accordance with the procedure established by law.
Sometimes it happens that a potential employer changes his mind about employing an employee in his company. There is only one way out of such a situation - an appeal to the courts. The employee must, in addition to the statement of claim, provide the court with a letter of invitation signed by the employer. This document is the main evidentiary argument to protect the interests of the employee.
Another problem with dismissal followed by transfer may be the current employer’s disagreement with this operation. In this case, there is only one way out - dismissal using the standard option with the wording “At your own request”. Obviously, in this case, the employee is deprived of the benefits of transfer through dismissal.
Advantages of dismissal by transfer
With this form of transition to a new job, the employee has a number of advantages:
- guaranteed employment in a new organization within 1 month from the date of dismissal from the previous place of employment;
- lack of a probationary period at a new job.
More information about dismissal by transfer in the next video
Transfer through dismissal in one organization
When transferred to another workplace in the same organization, the employee must give his written consent to this procedure. After this, the organization issues an order to complete the transfer. It is mandatory to draw up an additional agreement to the existing employment contract between the employer and employee.
The option of moving to another workplace in one organization through dismissal is not clear-cut. This option is legal and can be implemented, but if there is dishonest intent on the part of the employer, the employee may lose his job. It is then impossible to challenge this dismissal even if you go to court, because it is formalized in compliance with all the necessary formalities.
Ask questions in the comments to the article and get an expert answer
The Labor Code of the Russian Federation provides for a procedure for dismissing an employee by transferring to a third-party organization. There can be many reasons for such dismissal. The procedure itself is quite simple, but has a number of important features.
What should a laid-off employee know? What are the pros and cons of transferring to another organization?
Peculiarities
The procedure for paying employees of organizations upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure The transfer is carried out with a written invitation from a third-party organization. As Article 72 states, it is possible only on the basis of a written statement from the employee. After this, a corresponding order is issued.
Justification of the reasons for the transfer
According to current legislation, upon dismissal, employees are not required to provide the reason why they intend to transfer to another employer. Therefore, the application must indicate that the employee is leaving due to transfer. And if there is an invitation from a third-party organization, it must be indicated that the employee confirms his consent to the transfer.
In the order, the management of the organization must indicate the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.
Transfer procedure
Dismissal by way of transfer to another employer begins with the employee writing a statement. According to paragraph 1 of Article 84 of the Labor Code, after the application, an order is issued in the T-8 form, which is approved by the State Statistics Committee. Documents are usually prepared in the personnel department. After publication, the order is submitted to the director of the organization for signing. The employer is required to notify the dismissed person of the issuance of the order. After signing this document, if there are no comments to it, they begin to fill out the work book. All necessary data is entered into the employee’s personal card. After this, the accounting department produces and issues 2-NDFL certificates and deductions to the Pension Fund of the Russian Federation and the Social Insurance Fund. The day of dismissal is the date specified in the order.
Dismissal by transfer: application
The application must include the following information:
- Full name of the employee;
- the name of this document and its essence;
- The current date;
- employee signature.
After the application is signed by the director of the organization, it is filed in the employee’s personal file.
Order
Dismissal due to transfer cannot be carried out without an order. It should contain:
- full name of the company;
- Name;
- publication date;
- description of the method of termination of the employment relationship;
- Full name of the person being dismissed, his position, number according to the report card;
- links to documents confirming the legality of dismissal;
- signature of the general director;
- company stamp.
At the end of the order there should be a column entitled “I have read the order,” where the employee confirms the notice of dismissal with his signature. The information is entered into the employee’s personal card on the basis of this document, and a copy of the order and a receipt confirming the absence of material claims against the employee from the company are also attached to it. The order must also be numbered.
Recording in the labor record: dismissal by transfer
The work book is drawn up in accordance with the requirements of the Labor Code. The entry must contain a reference to Article 84.1. The reason for dismissal, the date of issue and the number of the relevant order must also be stated. The entry must be certified by the signature of the general director of the enterprise or the person responsible for labor documentation. After the book is filled out, the organization's seal is affixed. But when applying for a new position, a note is made about acceptance of the position in connection with the transfer.
Are there any compensation provisions?
Dismissal by way of transfer to another employer involves making a full settlement with the previous one. This means that employees are entitled to compensation:
- for hours worked;
- for unused vacations.
In accordance with Article 84 of the Labor Code, the date of calculation is considered to be the day of dismissal. However, if at that moment the employee was absent from work, calculations are made no later than the day following the submission of the application for payments. If an employee quits while he is on sick leave, the employer is obliged to pay for this leave as well.
If a former employee fails to pay all compensation on time, the employer is required by law to pay penalties on the unpaid amount. Even if the organization does not have funds, this is not a reason for violating payment deadlines. Otherwise, the dismissed employee has the right to go to court.
Working off
According to the Labor Code of the Russian Federation, when transferring to a third-party organization, the former employer has the right to require the dismissed employee to work for 2 weeks from the date of writing the application. In fact, this is not work off, since the employee notifies the employer of dismissal exactly 14 days in advance. This period is necessary to search for another employee for a vacant position. However, by agreement with management, an employee can resign earlier.
What about vacation?
As mentioned above, dismissed employees are paid compensation for unused vacation days. However, the law does not provide for its preservation during translation. This rule applies in general cases. Thus, an employee will be able to take vacation at a new enterprise only after 6 months of work (Article 122). The transfer can also be carried out while maintaining leave under the following circumstances:
- going on maternity leave;
- the person being dismissed is a minor;
- the dismissed person adopted a child under 3 months old.
Consequences for the employee
Dismissal by transfer to another employer has some advantages, which include:
- guaranteed employment;
- no need to go through
In accordance with the requirements of Article 64, an agreement is concluded with the new organization. In this regard, the employee should apply to the new enterprise for a conclusion no later than 1 month from the date of settlement. If a person refuses to enter into a new agreement, he faces administrative liability.
Significant disadvantages include failure to maintain previous earnings. After all, the third-party organization is in no way connected with the previous one. In addition, the law does not provide for transfer without dismissal.
Consequences for the employer
At its core, this procedure does not have negative consequences for the organization. This method of terminating an employment agreement is not very different from the familiar standard dismissal procedure. As a disadvantage, however, one can highlight the need to find another employee, especially when the person being dismissed is a qualified specialist.
Nuances
Now let's look at special cases of dismissal during transfer.
If a woman who is on maternity or child care leave is dismissed, the procedure can only be carried out with her consent or on the initiative coming from her.
Establishes the impossibility of transferring young specialists to third-party organizations for positions that are in no way related to the specialization received. An employee can lose this status only because of his actions, and this is fraught with the loss of entitlement benefits and compensation. But loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.
Dismissal through transfer to another employer is a simple and intuitive process. The basis for its registration is the employee’s application. After this, an order is issued and signed by the manager. The employee must be notified of this. After this, the accounting department of the enterprise makes the final calculation: the employee is paid all due compensation for vacation and days worked. If payments are not made on time, the employee has the right to sue the organization. The process is essentially no different from ordinary dismissal. However, employers make a corresponding entry in the work book. For the employer, dismissal does not have any negative consequences. But for the employee this threatens a decrease in earnings and loss of time.
In this article we will look at how to formalize a dismissal in connection with a transfer to another organization, what payments the employer is required to make upon transfer, and also find out how to make an entry in the work book of an employee who is being transferred to work in another organization.
Dismissal due to transfer to another organization: grounds under the Labor Code of the Russian Federation
The procedure for dismissing an employee in connection with a transfer to another employer is regulated by clause 5, part 1 of Art. 77 Labor Code of the Russian Federation. According to labor law, such a transfer is a general basis for termination of employment relations and requires mutual agreement of the parties.
In practice, dismissal by transfer to another organization is used in companies that are connected by common activities, but are registered as different legal entities. In particular, dismissal formalizes the transfer of an employee from a subsidiary to the parent company, provided that the former and new employers are different legal entities and not structural divisions within the same legal entity.
How to dismiss an employee due to transfer to another organization: documents, calculations, entry in the work book
When transferring an employee from one organization to another, the employer terminates the employment relationship with the employee on the basis of his written application, as well as if there are guarantees about the subsequent employment of the employee in another organization.
The procedure for dismissing an employee upon transfer to another organization is in the instructions below.
Step 1. Letter of guarantee for transfer
As a rule, at the preliminary stage, the current and future employer approve an agreement to transfer the employee to a new position in another organization. The agreement can be oral or in writing. In the latter case, the upcoming transfer of the employee is confirmed by a letter of guarantee drawn up by the new employer.
The letter is drawn up in free form, indicating the following information:
- guarantees regarding the conclusion of an employment contract;
- the nature of the work and working conditions under the new employment contract (position, salary, work schedule);
- desired date for concluding an employment contract.
The letter of guarantee is issued in the name of the head of the organization in which the employee is currently employed. The text of the letter also provides for notification and consent of the employee to the transfer (column “I have read and agree to the transfer to _____ LLC to the position of ____ from _____,” Full name of the employee, date, signature),
Step #2. Resignation notices
If the employee agrees to the transfer, as well as on the basis of an agreement between the employers, the employee draws up a letter of resignation.
Since we are talking about a transfer through dismissal, the application should be drawn up with the wording “I ask you to dismiss ...”, and not “I ask you to transfer.”
The application form is not approved by law. The document can be drawn up in free form, but at the same time contain the following mandatory information:
- Full name, position of the head of the organization in whose name the application is being submitted (current employer);
- Full name, position, personnel number of the employee who submits the application;
- request for dismissal due to transfer ( “On the basis of clause 5, part 1, article 77 of the Labor Code of the Russian Federation, I ask you to dismiss me in connection with the transfer to LLC ____...”);
- the date of dismissal determined on the basis of a letter of guarantee and in accordance with an oral agreement with the employer;
- date of document preparation.
After signing, the employee submits the application to the current employer.
Step #3. Order of dismissal
Having received a statement from the employee, the current employer draws up a dismissal order in connection with a transfer to another company.
The order can be drawn up either in free form or with using a unified form. In each case, the text of the order must contain the following information:
- name of the organization (current employer);
- number, date of the dismissal order;
- Full name of the employee being dismissed due to transfer to another organization;
- date and number of the employment contract subject to termination;
- the date of dismissal, which is determined in accordance with the application;
- grounds for termination of the employment contract (clause 5, part 1, article 77 of the Labor Code of the Russian Federation);
- documentary basis for drawing up the order (employee statement dated ____);
- Full name, position of the manager approving the order (current employer).
The order signed by the manager is handed over to the employee for review (“I have read the order Full name, signature»).
Step #4. Calculations and payments
Despite the fact that we are talking about the transfer of an employee, in fact the employer terminates the employment relationship with the employee, and therefore acquires obligations for accruals and payments that are provided for in connection with dismissal in the general manner.
On the day of termination of the employment relationship in connection with the transfer, the employer is obliged to pay the employee:
- salary for the time actually worked in the current month;
- compensation for unused vacation based on the average daily earnings for each day of rest.
When paying wages and compensation, the employer withholds personal income tax at a rate of 13% (resident employee) or 30% (non-resident employee), after which the tax is transferred to the budget. The deadline for paying personal income tax to the budget is no later than the day following the day of dismissal and settlement with the employee.
Step #5. Entry in the work book
When dismissing an employee due to transfer to another organization, the employer makes an entry in the work book and hands over the document to the employee.
In the work book, the employer records the termination of the employment relationship with the employee on the basis of clause 5, part 1, article 77 of the Labor Code of the Russian Federation.
The record of dismissal is certified by the signature of the responsible person (manager, head of the personnel department, another employee authorized to sign such documents on the basis of a power of attorney) and sealed with the seal of the organization.
When an employee is dismissed due to transfer to another organization, the employer makes an entry in the work book on the day of dismissal. Also, on the day of termination of the employment contract, the employer is obliged to issue a work book to the employee. Transferring a work record book directly to a new employer is not permitted. . 10.30.2018 Ulyanova E.D. filed a letter of resignation from LLC "Chance" in connection with the transfer to LLC "Magnat". The date of termination of the employment relationship according to the application is November 5, 2018. According to the letter of guarantee sent by Magnat LLC to the management of Chance LLC, the new employer undertakes to employ the employee on November 6, 2018.
Based on the letter of guarantee and Ulyanova’s application, an employee of the personnel department of Chance LLC prepared an order for the dismissal of the employee on November 5, 2018 in connection with a transfer to another organization (clause 5, part 1, article 77 of the Labor Code of the Russian Federation).
On the day of dismissal, November 5, 2018, Ulyanova was paid a salary for the days actually worked in November (from November 1 to November 5 inclusive), as well as compensation for unused vacation, calculated based on average earnings.
Also on November 5, 2018, an employee of the HR department made the following entry in Ulyanova’s work book:
Entry no. | date | ||||
Number | Month | ||||
| 3 | 08 | 04 | 2015 | Hired in the sales department as a sales manager on the basis of employment contract No. 15 dated 04/08/2018 | |
4 | 05 | 11 | 2018 | ||
| Head of HR Department Stepanova / Stepanova S.D./ | |||||
On November 5, 2018, the work book was issued to Ulyanova “in person.”
On November 6, 2018, Ulyanova was employed at a new place of work with the following entry reflected in her work book:
Entry no. | date | Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law) | Name, date and number of the document on the basis of which the entry was made |
||
Number | Month | ||||
| Limited Liability Company "Chance" | |||||
| 3 | 08 | 04 | 2015 | Hired in the sales department as a sales manager on the basis of employment contract No. 15 dated 04/08/2015 | Order No. 15/T dated 14/08/2015 |
| 05 | 11 | 2018 | Dismissed due to transfer to work for another employer in accordance with paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation | Order No. 18/у dated November 5, 2018 | |
| Head of HR Department Stepanova / Stepanova S.D./ | |||||
| 06 | 11 | 2018 | Hired in the export sales department as head of the department on the basis of employment contract No. 88-4 dated November 6, 2018 | Order dated November 6, 2018 No. 15/3-4/T | |
| Head of HR Department Surkov / Surkov V.L./ | |||||
An employee can be transferred to a permanent job in another organization by mutual decision of the current employer and the receiving organization. In this case, the initiator of the transfer may be , . This is stated in Part 2 of Article 72.1 of the Labor Code of the Russian Federation.
This transfer occurs through , because in another organization with an employee (Part 4 of Article 64 and Part 2 of Article 72.1 of the Labor Code of the Russian Federation).
The procedure for transfer through dismissal is not clearly stated in the Labor Code of the Russian Federation, but a certain practice has developed in its execution. The transfer must be preceded by a written agreement procedure between the head of the organization from which the employee is transferred and the head of the organization to which he is transferred.
Translation by decision of organizations
If the transfer of an employee is carried out by decision of the organizations (current and receiving), the hiring and dismissal procedure will be as follows. To begin with, the head of the organization where the employee is transferred must send to the organization where he currently works, an inquiry asking for his transfer. The request must indicate the date from which the employee is expected to be hired for a new job and his new position. Having received a letter of request, the head of the organization where the employee works is obliged to agree with the subordinate on the possibility of transfer.
If the employee agrees, he writes resignation letter due to transfer , to which a letter of request is attached. This statement will be proof that he has expressed his consent to the transfer in writing. Then the head of the organization where the employee works must send him to another organization confirmation letter .
From this moment on, it is possible to dismiss an employee from his previous place of work and hire him for a new job.
A pregnant employee, with her written consent, can also be transferred to another organization. The legislation does not contain such a prohibition. Please complete the translation at .
Situation: Is it possible to dismiss an entire department by transfer to another organization?
Yes, you can.
The Labor Code of the Russian Federation does not prohibit dismissing an entire department by way of transfer (Part 2 of Article 72.1 of the Labor Code of the Russian Federation). In this case, the desire of the new manager to hire several employees can be expressed in one letter of request addressed to the current manager. It can list all the citizens whom he is ready to employ.
Transfer at the initiative of the employee
If an employee himself has asked to be transferred to work in another organization, then the first link in the chain of approval of the transfer will be the employee’s application. Then the head of the organization where the employee works must inform in writing about the subordinate’s desire to the head of the organization to which the employee wants to move and obtain his consent. Further procedures And are carried out according to general rules.
Attention: It is impossible to refuse to conclude an employment contract for an employee invited to work as a transfer from another organization. This prohibition is valid for one month from the date of dismissal from the previous place of work. This procedure is specified in Article 64 of the Labor Code of the Russian Federation.
Thus, if the new manager refuses employment to the transferred employee, this will be a violation of labor laws. For this, the labor inspectorate may fine the organization or its officials.
The fine is:
- for officials of the organization (manager) - from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles or disqualification for a period of one to three years);
- for entrepreneurs - from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles);
In addition, such a refusal could lead to problems for the former manager. An employee who has received a refusal has the right not only to appeal this refusal in court, but also to demand reinstatement at his previous place of work (Article 394 of the Labor Code of the Russian Federation). In this case, the organization must pay the reinstated employee the time of forced absence in the amount of average earnings. This is stated in paragraph 60 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.
The court may also oblige the organization to compensate an illegally dismissed employee for moral damages. The amount of compensation for moral damage is determined by the court and indicated in its decision. In this case, judges must take into account the nature of the harm caused to the employee and the degree of guilt of the organization (clause 63 of the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).
If the dismissal was declared illegal, the employee needs to be reinstated .
Dismissal from a previous employer
When transferring an employee to work in another organization, the previous organization must:
- issue an order to terminate the employment contract in connection with the transfer according to the unified form No. T-8 or in an independently developed form (Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ, letter of Rostrud of February 14, 2013 No. PG/1487-6-1);
- close personal card employee;
- make an entry in the employee’s work book. “Dismissed by transfer to (name of organization) with the consent of the employee, paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation,” if the employee was transferred by decision of the organization. If the employee was transferred on his own initiative, you need to make an entry: “Dismissed by transfer to (name of organization) at his request, paragraph 5 of part 1 of Article 77 of the Labor Code of the Russian Federation.” This follows from part 5 of article 84.1 and part 2 of article 72.1 of the Labor Code of the Russian Federation, paragraph 6.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69, paragraph 15 of the Rules approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225.
Reception by a new employer
If an employee is transferred to work from another organization, the receiving organization must:
- draw up an employment contract with a citizen (Article 67 of the Labor Code of the Russian Federation);
- issue a hiring order according to a unified form No. T-1 (No. T-1a ) or in an independently developed form (Article 68 of the Labor Code of the Russian Federation, Part 4 of Article 9 of the Law of December 6, 2011 No. 402-FZ, letter of Rostrud of February 14, 2013 No. PG/1487-6-1);
- make an entry about employment in the work book employee: “Accepted to (name of structural unit) for position (name) by transfer from (name of organization)” (clauses 3.1 and 6.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
An example of a transfer to a permanent job in another organization
The head of the Alpha organization invited economist A.S. as a transfer from the Hermes organization. Kondratieva (request letter). The head of Hermes agreed, and the employee himself was not against it. Kondratiev wrote resignation letter, about which the head of Hermes sent confirmation letter .
The head of Hermes published order of dismissal in connection with transfer in form No. T-8. A record of dismissal due to the transfer was entered into the work book.
The head of Alpha issued an order to hire Kondratiev. A record of employment in connection with the transfer was made in the work book.
Situation: Is it possible to establish a probationary period when transferring an employee to a permanent job in another organization??
No you can not.
This is directly stated in Article 70 of the Labor Code of the Russian Federation. If you include this condition in the employment contract, it will not apply (Article 9 of the Labor Code of the Russian Federation).
Attention: If, when transferring an employee to a permanent job in another organization, a probationary period is set for him, labor legislation will be violated.
For this violation, the labor inspectorate may fine the organization or its officials. The fine is:
- for officials of the organization (for example, a manager) - from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles or disqualification for a period of one to three years);
- for an entrepreneur - a fine in the amount of 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles);
- for an organization - from 30,000 to 50,000 rubles. (repeated violation entails a fine of 50,000 to 70,000 rubles).
Such measures of liability are provided for in parts 1 and 4 of Article 5.27 of the Code of the Russian Federation on Administrative Offences.
Compensation for unused vacation
For information on payment of compensation for unused vacation upon dismissal in the order of transfer to another organization, seeHow to calculate and pay compensation for unused vacation upon dismissal .
Situation: Can an employee’s salary level when transferred to another organization be lower than at the previous place of work??
Yes maybe.
The Labor Code of the Russian Federation does not provide guarantees regarding the level of wages in a new organization. Moreover, transfer to permanent work in another organization is allowed only with the consent of the employee (Part 2 of Article 72.1 of the Labor Code of the Russian Federation). Consequently, he does not object to the fact that his salary level in the new place will be lower than in the previous one.
Situation: How to arrange a transfer of an athlete (professional football player) from one sports club to another?
To arrange a transfer professional football player , professional sports clubs must conclude among themselves transfer contract .
The procedure for drawing up a transfer contract is prescribed in Article 18 of the Regulations, approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4.
A transfer contract is concluded in the following cases:
- if the employment contract between the sports club and the football player has expired or will expire within the next six months;
- if the employment contract between the sports club and the football player was terminated;
- if during the period of validity of the employment contract all parties (football player, previous sports club, new sports club) agreed on the transfer of the football player;
- if the transfer of a football player from one sports club to another takes place on a “lease” basis.
This follows from the provisions of Articles 17 and 19 of the Regulations, approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4.
To conclude a transfer contract, the club wishing to accept the player must send a written offer to the former club. After this, the clubs enter into agreement among themselvestransfer contract .
Upon expiration of the employment contract, its early termination, as well as in the event of reaching an agreement on a transfer between clubs, the football player’s employment contract with the former club is terminated. In this case, he can be dismissed on the grounds provided for in Article 77 of the Labor Code of the Russian Federation (for example, by agreement of the parties, when transferring an employee at his request or with his consent to permanent work with another employer). A new sports club hires a football player under a new fixed-term employment contract (Articles 59 and 348.2 of the Labor Code of the Russian Federation, paragraph 1 of Article 6 of the Regulations approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4).
If an athlete moves to a new club on loan, the football clubs and the player enter into a tripartite transfer contract. The forms of such a contract are given in Appendices 6 and 7 to the Regulations approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4. In this case, the new club and the player also enter into a fixed-term employment contract. In this case, an employment contract with the former club may:
- pause, but not stop,
- be terminated early. After the end of the temporary performance period, the former club and the player re-enter a fixed-term employment contract.
This follows from the provisions of Articles 348.4 and 348.2 of the Labor Code of the Russian Federation, paragraph 2 of Article 19 of the Regulations approved by the Executive Committee of the Russian Football Union on March 5, 2011 No. 141/4. For more information on the specifics of temporary transfer of professional athletes, see
Dismissal by way of transfer to another organization can be formalized when there is agreement:
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 permitted.
How is an invitation from a company issued?
It is no secret that the managers of many companies are looking closely at the employees of competing companies 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. They are often ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to 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 against him leaving his company, the invited employee can leave it on his own initiative.
Letter of dismissal by transfer, sample
Dismissal by way of transfer can only be made with the consent of the employee. Therefore, he must document his positive response to the transfer 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 be a good option for an employee who has decided to leave the company and has already found a new job. Dismissal due to transfer is a guarantee that within a month from the date of departure the new employer will sign a contract with him. Also, an advantage can be considered the absence of mandatory two-week work (by agreement of employers) and the absence of a probationary period at the new place of work. A citizen can ask the head of the company where he wants to find a job to send a request to his current employer. He must also write a letter of resignation in 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.
Issuing a transfer order
The manager issues a dismissal order drawn up according to. The following documents are indicated as the basis for leaving:
invitation to a future employer;
consent of the current employer;
statement or consent of the worker.
The person leaving is introduced to the order and signed. On the day of departure, the payment is transferred to him and the book is returned with an entry about the termination of the contract made in it.
What does a contract termination record sound like?
The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of 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 a citizen employment. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in the new organization are an invitation to transfer and the consent of the citizen. If the employer decides to refuse employment to the invited employee, he can file a complaint with the labor inspectorate or sue him in court. If the court decides in favor of the plaintiff, it will oblige the new employer to sign a contract with him from the day following the day he left his previous job.
The legislation also provides for administrative liability for such violations. According to Part 3 of Art. 5.27 of the Administrative Code, a fine of 10 to 20 thousand rubles may be imposed. per official, from 50 to 100 thousand rubles. to the organization.