Everyone dreams of a prestigious position that is not so easy to find, so in anticipation best offer Many people find employment in ordinary enterprises, hoping to get a better offer by achieving high qualifications and acquiring the necessary contacts.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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And if the goal is achieved, then translation awaits, which is of course quite possible, but only in the manner prescribed by law.

What does the law say?

In accordance with the law, a transfer is a change in the employee’s labor function by terminating cooperation at one enterprise or position and concluding a contract at another.

Order

An order to terminate cooperation by way of transfer is then issued accordingly.

To issue this administrative document, use standard form orders - T 8.

A sample order is provided on our website:

Entry in the work book

After completing the agreed documents, the employee is calculated and paid all due payments, and an entry is made in the work book:

“Dismissed in connection with a transfer at the request of the employee to work at LLC “Name of the Organization” under Part 5 of Article 77 of the Labor Code of the Russian Federation” or “Dismissed in connection with a transfer to LLC “Name of the Organization” with the consent of the employee under Part 5 of Article 77 Labor Code of the Russian Federation". (Clause 6.1 of the Resolution of the Ministry of Labor of the Russian Federation No. 69).

Example:

How is the transfer procedure processed?

Naturally, after the dismissal, the employee is already hired at the enterprise that invited him to work as a main employee.

And given that the employee is registered as a transfer, there are some nuances in the procedure and package of documents.

It should be noted that, in fact, the employee is a newly hired employee, despite the grounds for employment, therefore, first of all, a standard application is submitted, the list of which is established in Article 65 of the Labor Code of the Russian Federation. But the employee does not write an application for employment, since he was invited to work in accordance with an officially issued letter.

However, some companies still require it.

In such a situation, the agreed document is drawn up in the same form that is acceptable for normal employment.

Employment contract

After submitting documents and issuing a personal card, a cooperation agreement is concluded.

A sample is shown below:

And after signing the agreed document by both parties, an order is issued to accept the established T1 form, indicating that the employee has been accepted as a transfer.

Entry in the work book

Accordingly, after completing the above documents, a record of acceptance is made in the work book with the following meaning:

Accepted to a position (indication of position) in order of transfer from (name of the enterprise where the employee previously worked).

Example:

Deadlines

In contrast to the procedure for accepting an employee and dismissing an employee on a general basis, the issue of registering employment in the transfer procedure is not fixed in detail at the legislative level, therefore, employers have the right to themselves develop a scheme for hiring a new employee, taking into account generally accepted standards for formalizing the agreed procedure, which sometimes leads to some difficulties.

09.09.2019

Due to certain circumstances, the employee or employers may transfer the employee to another position, to another structural unit of the organization or to an external employer.

The presented procedure is an alternative to dismissal and subsequent hiring, has its own characteristics and provides the employee with a certain range of additional labor guarantees.

The transfer is executed by agreement of all parties (two or three, depending on the type of agreement) and involves the publication of a separate administrative document - an order from the head of the receiving party.

What form should I use to apply for a job from another organization?

As a rule, when changing a permanent job, a worker writes a letter of resignation, goes through the appropriate procedure, receives a work book and proceeds to the stage of registration with a new employer.

However, situations arise when an employee moves to a new place of work through transfer.

The transfer of an employee may be due to:

• the desire of the employee himself to move to a new enterprise with the written consent of the latter’s manager;
• agreement between the current employer and external enterprise, due, for example, to an upcoming layoff or other circumstances;
• a request from an external employer to transfer a certain employee to it.

The reasons may be of a personal nature (on the part of the employee - the closer location of the new place of work to the place of residence, Better conditions labor, higher wage and position, etc.) and provoked by production needs (on the part of the new employer - the need for a highly qualified specialist, who is the transferred employee, entry into staffing table new position, professional requirements to which the invited worker corresponds, etc.).

Also, if there is a likelihood of job or staff reduction, the management of the enterprise may take care of best employees and negotiate with other organizations to transfer their employees to similar positions.

Foundation documents

It was stated above that, regardless of the party initiating the transfer, the consent of all participants in the presented process is necessary:

• worker;
• the enterprise where he works;
• the enterprise to which the transfer is planned.

Depending on the initiator and reasons for the transfer, it may be based on the following documents:

• an application for dismissal by transfer, drawn up by the employee with the approval of the receiving party (the application is marked with an approving or rejecting resolution of the current employer);
• an invitation from an external employer with agreements between the employee and the current manager;
• correspondence of enterprise managers in which agreement was reached on the transfer of an employee and the written consent of such an employee.

Important! All documents that serve as the basis for employment as a transfer must be drawn up exclusively in writing.

Proper execution of the transfer is a guarantee for the employee in the absence of a probationary period at the new workplace, as well as indication in the employment order and work book conditions of dismissal and employment as a transfer to another enterprise.

How to issue an order?

The main document used to formalize a transfer to a new place of work is an employment order, which is issued by the head of the receiving company.

The presented document is mandatory, but the legislator does not put forward any special requirements for it.

Download sample

Download an example of an order for employment by transfer from another organization -.

Useful video

How to properly process an employee transfer is described in detail in this video:

A transfer is a change in the official functions of a citizen, which is implemented by terminating an employment contract with one employer and concluding a new contract at another enterprise. In other words, this is the simultaneous conduct of dismissal procedures and, in which employment is guaranteed by law.

In many cases, a transfer is possible by sending an employee to another branch or division of the same enterprise.

Regulatory regulation

The transfer is carried out at the initiative of the employee himself or his manager.

• The employee can, but also. At the same time, before signing an employment contract with a new enterprise, you are required to resign from the previous one (Article 77, Part 1 of the Labor Code of the Russian Federation).
• In order for the transfer to become possible, the consent of three parties is required, which must be documented in writing, namely, the consent of the employee himself or an application from him (Article 72.1 of the Labor Code of the Russian Federation), as well as his new and former managers.
• All three parties, the managers of the two enterprises and the employee himself, sign a tripartite agreement, and if this is not possible, letters are exchanged between the two employers.

At the initiative of the employee

The beginning of the transfer is considered to be the receipt by the employee of an invitation to a new position from the head of another enterprise, issued in writing. Sometimes it's like this official letter, which contains a request to allow a specific employee to move to a new enterprise, can be sent to the name of the current employer.

The invitation letter is drawn up in free form; there are no uniform requirements for its preparation. If an employee receives such a letter, then the first thing he must do is provide this letter to his employer, he can simultaneously.

The employer has the right to agree to release the employee or refuse the transfer. He can write his decision by hand on the letter or application presented to him or draw up a separate document.

At the initiative of the administration

The head of the enterprise may decide to transfer an employee if the following situations arise:

1. The enterprise is planning, and the manager wants to reduce the amount compensation payments, so he offers the employee a place in another structural unit or another company.
2. The head of a third-party enterprise, in the process of cooperation, pays attention to the employee and offers to transfer him to his enterprise.
3. There are force majeure situations that require mandatory transfer of an employee, for example, accidents and disasters.
4. Opening a new branch or subsidiary and some of the personnel need to be transferred there.

It is also important to know:

• If the initiator of the transfer is the manager, then the transfer must be accompanied by an official letter from the receiving company and the written consent of the employee.
• If an employer receives a letter requesting a transfer or decides to transfer an employee to a new location, it is now the employer who must obtain the consent of the specific employee named in the letter.
• Typically, two managers negotiate and draw up a written agreement, which must be given to the employee for review and decision. It specifies the terms, conditions and procedure for the transfer, and the employee’s working conditions.

Employee consent

The employee's consent can be obtained in the following ways:

1. By writing an application for transfer.
2. By writing the word “I agree” and his signature on the letter provided to him.

Reflecting the transfer of an employee to 1C - the topic of the video below:

What to do with hiring as a transfer from another organization? Please help with correcting entries in the labor record.

The article will tell you what entries to make in the employee’s work book if she was hired as a transfer from another organization.

Question: The employee was hired on 02/02/2015 on a part-time basis. 04/30/15 she resigns from previous place work, in the labor wording “In the order of transfer to Romashka LLC” (our organization) The employment record at Romashka was made as follows: 05/05/15 Hired for the position....in the order of transfer from Buttercup LLC (previous employer) But The order dated 05/05/15 is an order to transfer from a part-time job to the main place of work. That is, she was not fired from her part-time job, but a transfer from the part-time job to her main place of work was formalized. If it weren’t for the condition “In the order of transfer from Buttercup LLC,” I would have made an entry on 02.02.15 Hired for work at Romashkas LLC 02.02.15 to 04.30.15 labor function as a part-time worker.

Answer: The following entry must be made in the work book.

After dismissal from Buttercup LLC, in the order of transfer in column 3 you need to write Romashka LLC. After that, make an entry about the admission: “Accepted for the position of ______ as a transfer from Buttercup LLC.” From 02.02.15 to 30.04.15, she carried out her labor function as a part-time worker.”

Hired as an adjuster production equipment from 08/31/2011. From 08/31/2011 to 05/28/2013 he carried out his labor function as a part-time worker

Work book (fragment)

Registration of a record of hiring an employee in the order of transfer from another organization

EMPLOYMENT HISTORY
...
Job details

№ records	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (with reasons and reference per article, point of law)	Name, date and number document on basis whom entry made
	number	month	year
1	2			3	4
				Closed Joint-Stock Company "Alfa" (CJSC "Alfa")
3	18	02	2011	Accepted into economic planning department for the position of leader economist in order of translation from Limited companies responsibility « Trading company"Hermes"" (Trading Company "Hermes" LLC)	Order from 18.02.2011 No. 14-k

How to formalize the transition of an employee from a part-time job to his main job within one organization.

Part-time employee becomes the main employee

The transition of an employee from a part-time job to his main job within one organization can be formalized in two ways.

For example, such a transfer can be formalized through dismissal and hiring. To do this, first formalize the dismissal from a part-time job, and then hire this employee to the main place of work. In this case, the part-time worker must also resign from his previous main place of work. The legitimacy of this order is explained as follows.

How to transfer an employee to another organization

Coordination of translation

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 as an employer , so is the employee. This is stated in parts 2 Article 72.1 of the Labor Code of the Russian Federation.

This transfer occurs through dismissal from previous job, since in another organization there is a contract with the employee new employment contract (Part 4 Art. 64 And Part 2 Art. 72.1 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 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 in connection with the transfer, to which the 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.

Reception by a new employer

If an employee is transferred to work from another organization, the receiving organization must:*

• register with a citizen employment contract ();
• issue an order for employment according to the unified form No. T-1 (No. T-1a) or according to an independently developed form ( , Part 4 Art. 9 of the Law of December 6, 2011 No. 402-FZ , letter of Rostrud dated February 14, 2013 No. PG/1487-6-1);
• start personal card ;
• make an entry about hiring in the employee’s work book: “Hired at (name structural unit) to position (name) in the order of transfer from (name of organization)" (clause and 6.1 Instructions approved 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 ( an inquiry). 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 issued a dismissal order due to a transfer form No. T-8. A record of dismissal due to transfer was made to work book.

The head of "Alpha" issued order about hiring Kondratiev. The employment entry in connection with the transfer was made in work book.

Work book (fragment)

Transition from part-time work to main job within one organization. Part-time registration was not made

Job details

№ records	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating the reasons and a link to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
	number	month	year
1	2			3	4
				Open Joint Stock Company "Production Company "Master"" (JSC "Production Company "Master")
7	13	01	2009	Hired as an equipment adjuster	Order dated September 13, 2019 No. 2-k
8	28	05	2013	Dismissed due to the liquidation of the organization, paragraph 1 of part 1 of Article 81 of the Labor Code Russian Federation Supervisor HR department ______________ E.E. Gromova Worker ______________	Order No. 102-k dated May 28, 2013
				Closed joint stock company "Alfa" (CJSC "Alfa")
9	29	05	2013	Hired as a production equipment adjuster on 08/31/2011. From 08/31/2011 to 05/28/2013 he carried out his labor function as a part-time worker	Order dated May 29, 2013 No. 103-k, order dated August 31, 2011 No. 15-K/P-S

Alexander Sorokin answers,

Deputy Head of the Operational Control Department of the Federal Tax Service of Russia

“Cash payment systems should be used only in cases where the seller provides the buyer, including its employees, with a deferment or installment plan for payment for its goods, work, and services. It is these cases, according to the Federal Tax Service, that relate to the provision and repayment of a loan to pay for goods, work, and services. If an organization issues a cash loan, receives a repayment of such a loan, or itself receives and repays a loan, do not use the cash register. When exactly you need to punch a check, look at

Working conditions, level of remuneration, relationships in the team are the main factors when choosing a place of employment. You can change your job by resigning at will or in the order of translation.

Moving to another organization by prior agreement with the future employer is a less risky option than searching after settlement at your own request. But for this it is necessary to complete the registration procedure in accordance with the law.

It is possible to change your place of professional activity without resigning at your own request thanks to the transfer procedure.

In this case, the employee receives advantages over the usual termination of the contract and placement in a new place:

• the current employer cannot demand 2 weeks of work;
• a new contract can be concluded the next day after dismissal;
• probation is not established upon transfer to another organization;
• the costs of moving and transporting property must be paid by the future employer;
• for refusal of admission to workplace The transfer is subject to an administrative penalty and the obligation to conclude the promised contract.

On the part of the employee, the law requires compliance with one condition: not to violate the legal term of employment.

Reasons for the procedure

The transition can be made at the request of the employee or at the request of the management of a third party organization.

At first case The initiator is the employee: he obtains consent to employment in another organization and submits an application for payment, which indicates his wishes.

In second case the head of a third-party organization writes a letter to the employer the right specialist, then obtaining the consent of the future employee.

Peculiarities

The differences between such termination of contractual relations and dismissal for other reasons provided for by law:

1. Contractual relationships concern 3 parties:
   — 2 employers
   - worker.
2. The date of dismissal is stated in the employee’s application and the receiving party’s address to the former employer.
3. Reliable by law 2 weeks there is no processing.
4. The transition is possible with the consent of all parties.

If there is no agreement, a change of workplace is impossible.

Decor

The re-registration procedure depends on whose initiative it is taking place.

Re-employment at the request of the employee:

• resignation letter due to transfer;
• order of dismissal at the previous workplace;
• order for admission to a new place.

Sample application

Attention! The employee, before applying for dismissal due to transfer, must agree with the new employer on written request to the current employer.

The future manager must send a written request for permission to dismiss the specialist with a transfer to his company. The answer with consent or refusal must also be in writing.

After receiving a positive response, an application for settlement is submitted indicating the date of termination of the contractual relationship. The statement indicates that the employee is asking to be dismissed (a link is provided to the article Labor Code) in order of transfer to... (company name)

When transferring, the law does not require you to apply for an appointment, but this can happen at a new place of employment. The job application form must indicate: “I ask to hire .... (by whom?) for translation.” The admission documents are identical to the normal procedure.

The dismissal order for transfer makes reference to the following documents:

• a new employer’s request to the current employer about the possibility of a specialist transferring to another organization;
• the response of the current leader to the future;
• employee settlement application.

Transfer at the initiative of the employer is also carried out in stages.

To do this you need:

• contacting the management of the organization where the specialist works;
• his consent to the transition;
• order of dismissal for this reason;
• admission order.

The future manager must write a letter to the current manager with a request and proposal about the possibility of transferring a specific employee. The response must also be in writing, indicating consent to move to new organization or refusal. With mutual consent of the employers, a positive response from the employee is required.

The new employer sends him an offer to take a position at his company by way of transfer. If the employee refuses, the current contract remains in force. If consent is given in writing, an order to terminate the contract is issued.

In the order of dismissal due to a change of workplace, the justification is 5 documents:

• letter (appeal) to the current employer;
• letter (response) to the new employer;
• letter offering a new position to an employee;
• employee's response (consent);
• application for settlement of transfer.

After the order is issued, the standard dismissal procedure follows:

• entering information into the work book and personal card;
• final settlement (debt of wages, compensation for unused vacation);
• issuance of a work book, a copy of the order, certificates for the transfer of taxes and social security contributions.

The dismissed employee must report to the new place within a month and sign a contract. The employment contract for transfer has a standard form with the exception of the “header”, where references are made to the invitation (number, date), agreement (number, date). After the contract is finalized, a hiring order is issued.

Order for employment in order of translation sample

The order must contain information that the employee has entered into a tripartite agreement to change the workplace.

The sample order for employment in the order of transfer from another organization must contain the following information:

• Business name;
• order No.... dated... …. …..(chmg) about hiring;
• hire with... …. ….(hmg);
• for the position;
• name of the department/shop;
• with salary/tariff rate;
• permanently/temporarily (specify period);
• conditions: in order of transfer from (name of organization).
• grounds: employment contract No. dated…. …. …. (chmg);
• head of the organization: position, list, transcript;
• I have read the order: signature of the employee.

After the order is certified by the employee, an entry is made in the work book about hiring.

Entry in the work book

The information recorded in the work book upon admission must also reflect information about employment from a third-party organization.

Sample

When filling out the work book, the following data is entered:

1. Serial number of the record.
2. Day, month, year when the mark disappeared.
3. In the "Information..." column:
   — name of the organization where the employee is employed;
   - positions;
   — structural unit;
   - “in the order of translation”;
   — the name of the organization from which the employee transferred.
4. In the column “Name, number, date of the document on the basis of which the entry was made”, “Order No. ... dated .... …. ....” (chmg).

After completing all formalities upon admission, the employee begins to perform duties at the new location.

Is there a probationary period?

Upon admission, it is the employer’s right 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. Besides, in regulations a list of persons who cannot be placed on a probationary period when hiring has been established.

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 norm, 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 standards labor legislation the employer is subject to administrative punishment in the form of a reprimand or fine.

What to do in case of refusal

Attention! An employer does not have the right to refuse to hire a specialist who has received an invitation from him and has therefore terminated his employment. labor Relations at the previous place of work.

- a norm of direct effect, which provides prohibitive language regarding hiring by way of transfer from another organization. The new contract must have a conclusion date following the dismissal, unless a different date is provided. At the same time, the law limits the applicant’s right to the period during which he must find employment in a new place. If through 30 days After dismissal, the invited employee did not apply to conclude a contract, then he loses the right to unconditional admission to the promised workplace. The future employer has the right to refuse him this.

Refusal to accept a transfer employee upon timely application is punishable in accordance with the Code of Administrative Violations: Article 27, paragraph 5. A fine is imposed for violating labor laws from 5,000 to 30,000 rubles. Sanctions can be imposed on both executive, and for a legal entity.

An employee who resigned by transfer and was refused employment must contact the labor inspectorate or court. The decision of the judicial authorities will oblige the company to fulfill its obligations regarding employment and enter into an open-ended contract with the invited specialist.

A change of job through transfer must be formalized in accordance with the requirements of the law. The consent of three parties is required:

• 2 employers,
• employee.

The procedure must be carried out in writing: a request to the current employer, his positive response, an invitation to a specialist, his consent.

Based on these documents, a dismissal order is issued, in which a reference is made that the employee is paid according to the transfer procedure. A similar entry is made in the work book. When applying for employment in a new position, appropriate notes about the transfer are made in the contract, order, or work book. The new employer cannot set a probationary period for such an employee or refuse to hire him if he applied within a month after his dismissal. Violation of Labor Code norms is subject to administrative punishment, which will be determined by the court after the employee applies.