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Translations. Movement

The procedure for making an employee's translation to another organization

The procedure for transferring an employee to a permanent job to another organization consists of a mutual decision of the current employer and the host organization. The role of the translation initiator may belong to either an employer or an employee (part 2 of Art. Labor Code of the Russian Federation).

To transfer an employee to a permanent job to another organization, it is necessary to issue a dismissal procedure at the same place of work, as a new employment contract will be concluded in another organization (part 4 of Art. 4 Art. Labor Code of the Russian Federation).

An important role is given to the procedure of written harmonization between the head of the organization, the current job of the employee, and the head of the organization, the future place of work in which he translates. The procedure for this procedure is as follows:

1. A letter of request is drawn up from the head of the organization, the future place of work, where the employee is translated. The query indicates the date with which the employee is supposed to take on a new job as well as its new position. The request letter is sent to the organization, the current place of work of the employee.
2. The head of the organization where the employee works, after receiving the request letter, is obliged to agree with the opportunity to translate.
3. In case the employee agrees for the translation, he writes a declaration of dismissal in connection with the translation to which a request letter must be attached.
4. The head of the organization where the employee works, should be directed to a new place of work, in organizing translation, a confirmation letter.
5. The process of dismissing the employee with the former place of work and its reception to a new job is carried out.

In case the initiator of the translation is the employee itself, the translation process will consist of the following steps:

1. An employee writes a transfer application.
2. The head of the organization where the employee works, in writing reports on the desire of his employee to the head of the organization, in which he wants to go, and his agreement will be cooled.
3. The procedure of acceptance and dismissal is carried out (conducted according to the general rules). At the same time, making a record of dismissal in the employment record, it should be noted that the employee was transferred at his request (paragraph 6.1 of the instructions approved by the Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69).

Example

Is it possible to refuse to conclusted the employment contract an employee invited to work in order of translation from another organization?

It is impossible. According to the rules established in Art. Labor Code of the Russian Federation, this ban is valid for one month from the date of the dismissal of the person from the same place of work.

Refusal in the employment of the head of the organization, the place of translation is a violation of labor legislation. For this violation, penalties are provided:

• for officials of the organization (supervisor) - from 1000 to 5,000 rubles (re-violation entails disqualification for a period of one year to three years);

These penalties are provided for by Art. 5.27 Code of the Russian Federation on administrative offenses.

The refusal of a new employer in employment will concern the former employer, since, in accordance with the established legislative procedure, an employee who received a refusal has the right not only to appeal this refusal to court, but also to demand recovery at the same place (Art. Labor Code of the Russian Federation). At the same place of the work, the recovered employee is obliged to pay the time of the forced absenteeism in the amount of average earnings (this procedure is registered in paragraph 60 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2).

In court may be made a decision on the need for the organization to compensate for the illegally dismissed employee of moral damage. During the court proceedings, the nature of the harm caused by the employee, and the degree of guilt of the organization (paragraph 63 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2) was determined.

Example

What to do if the dismissal when transferring an employee to another organization was recognized illegal?

If the dismissal was recognized illegal, the order should be published on the recovery of the employee in office. An appropriate recording is made to the employment record of the employee, for example: recording per number __ invalid, restored in the previous position. In column number 4 of the employment record, opposite the recorded records indicate the details of the order of recovery in the position of the employee. These rules are established by paragraph 1.2 of the instructions approved by the Resolution of the Ministry of Labor of Russia of October 10, 2003 No. 69.

Example

Can a probationary period be established when transferring an employee to a permanent job to another organization?

No, the probationary period cannot be installed, according to Art. Labor Code of the Russian Federation.

Accordingly, by setting a trial period when transferring an employee, the organization will violate labor legislation, which will entail penalties:

• for the officials of the organization (for example, the head) - from 1000 to 5,000 rubles (repeated violation entails disqualification for a period of one year to three years);
• for the organization - from 30,000 to 50,000 rubles.

Such measures of responsibility are provided for by Art. 5.27 Code of the Russian Federation on administrative offenses.

Example

Can the employee's salary when he translated into another organization to decrease compared to the salary of the previous job?

Yes maybe. According to labor legislation, the translation into a permanent job to another organization is allowed only with the consent of the employee (part 2 of Art. Labor Code of the Russian Federation). Therefore, he does not mind what the level of his salary in a new place will be lower than in the previous one. Labor legislation, in turn, does not prescribe guarantees compliance with the permanent level of salaries when transferring to another organization.

Hello! Not every leader is familiar with the dismissal of the employee in the order of translation into another organization. Now we will describe in detail about all the intricacies of this procedure and teach the execution of all the necessary documents.

Features of dismissal in order of translation to another organization

For a better understanding of the depth of the question, let's start with the definition.

Dismissal on translation - This is a termination of a contract (employment contract) of an employee with one employer and its simultaneous conclusion with another employer.

For example, an employee occupies a permanent place in one organization, but he was offered a more profitable job at another enterprise. Then he can translate from one place of work to another. In fact, the employee is dismissed from the old enterprise and is arranged for a new one.

But before dismissing a translation officer, the manager must have certain foundations. Such is a letter - an invitation from the future of the employer to the real. In the presence of the consent of the employee and a written request, the operating manager may dismiss the conversion officer.

The labor code does not register a clear algorithm for the actions of the head in this case. Mention of transfer to another organization can be found in Article 77 of this document. Therefore, when issuing documents for dismissal for translation, refer to Article 77 of the Labor Code of the Russian Federation.

In fact, the leaders of the enterprises of special benefits are not received from this process. What you can not say about employees. In the case of dismissal in this way, the state protects the rights of a citizen, thanks to which he receives one hundred percent employment.

In case of refusal of the head, let go of an employee

If the employee expressed the desire to quit the translation, and his employer against it, then the employee does not remain anything, how to leave at his own request. In this case, the employee remains without protection before the new leader.

That is, if dismissal is going on, then the host should employ an employee within a month, otherwise he can go to court. A court decision may or restore it to the previous place of work, or to oblige the head of the receiving enterprise to take the work of this employee.

If the dismissal occurs at his own desire, then the claim will be presented with no one.

Translation and practice

In the case of dismissal for translation, the dismissal side can force the employee to work out 2 weeks. During this time, the head will be able to find an employee who will replace the dismissed.

Maybe they will terminate early, in coordination of all sides. In this case, the employee does not have to work out for 2 weeks.

Types of translations

Dismissal for translation can be external and internal.

Internal translation (Translation within the Company) is when the employer remains unchanged, but the position of the employee is changing, the place of its work, etc. Such a translation can be both permanent and temporary.

External translation (Transfer to another company) - occurs when an employee moves from one employer to another. At the same time, in the new place of work, it is obliged to take only permanent position.

In any case, the consent of the employee is a prerequisite for translation.

Options for dismissal in the order of transition to another organization

There are several options for the dismissal of translation officers. It all depends on who manifests the initiative.

Option 1: The worker independently found an organization where he would like to work.

If the head of this organization is ready to take an employee to him, then he writes an invitation letter addressed to the current leader, where he confirms that he is ready to accept his employee to his work.

This written notice by mail or is personally delivered to the current leader. In case it agrees with the translation, the employee writes in order of translationbased on which an order for dismissal is published, an entry in the labor card, a personal card, is made, the final calculation is made, and documents are issued on the hands (labor book and the certificate of income for 2 years).

With them, the employee goes to a new place of work, where his employment occurs.

Option 2: The initiative comes from the head.

There are cases when organizations need to urgently reduce employees, dismiss part of the personnel. In this case, the employer may independently find a new job employee. Managers discusses all the nuances and receive written consent to the transfer from the employee. A tripartite agreement is signed, where the position, salary, working conditions, etc. is prescribed, etc.

Each of these options has its own characteristics. Therefore, anyone needs to know and be able to fill all the necessary documentation. Now we will analyze in detail each transfer option so that you will find out all the subtleties of this procedure.

Step-by-step instruction of dismissal on the initiative of the employee

1. The current employer receives an invitation letter from the organization, which is ready to accept his employee. It is compiled in arbitrary shape on the company's branded form. It should indicate a position to which an employee and an approximate date of employment is made. Sometimes in such a letter indicate the magnitude of the future salary, but this is not necessary.
2. An employee who wants to translate, writes a statement addressed to the head of the organization that he wants to quit the translation.
3. After signing the application, the organization that will employ a disadvantaged employee, a letter is sent, which confirms the translation. This item is optional, and the letter is drawn up for the guidance.
4. Further, the head of the enterprise forms an order where it is necessary to specify, on whose initiative is carried out by the translation "in order of translation at the request of the employee". In addition, the order needs to make a reference to P.5, Part 1 of Article 77 of the Labor Code of the Russian Federation.
5. After signing the order, it is registered in the registration journal for personalized orders.
6. With the order, you need to familiarize the employee in writing.
7. After that, in the employee's personal card (T-2) on the fourth page, an entry is made on the dismissal of the employee, where they also make a reference to Art. 77 TK RF. With all the records, the employee must be familiarized, after which he puts his signature in the card.
8. After that, the corresponding recording in the employment record Employee, according to the instructions for filling the employment record.
   There are 2 options:

In addition, the workbook indicates the number of the order for the dismissal and its date. Recording must be made without abbreviations, is certified by the seal and signature of the head.

1. On the last working day, an employee is calculated, by designing a note-calculation (T-61 form). Thus, the employee is charged compensation for vacation and wage For spent days.
2. After that, an ex-employee is issued a labor book. This should be recorded in the book of accounting for the movement of labor books, where the employee puts his signature.
3. In addition to the employment record, a wage certificate for 2 months is issued.
4. After that, a dismissed employee is obliged to work out for 1 month to a new job.
5. When decorated in a new place, all relevant documents are recorded that it is taken on translation.

The dismissal of an employee for his consent (the initiative comes from the head)

The option of this translation procedure is similar to the previous one, so we will not be repeated, but we will tell about the differences and features of the translation on the initiative of the head.

1. The heads of enterprises agree among themselves that one dismisses the employee, and the second takes. This confirmation may be an invitation letter (as in the first version).
2. After that, the employee himself should be familiar with the upcoming translation. In writing, he must tell about the post, which he will occupy, on working conditions, to name the amount of the salary. If the employee is disagreeable for the translation, then no one can make it change the place of work.

If the employee agrees to the translation, he can make a record "for the translation agree" on the written notice, while putting the date and signature. A tripartite agreement is drawn up.

1. After that, the receiving party receives a confirmation letter.
2. At the enterprise where the employee is dismissed, the head publishes an order for the dismissal, where it is prescribed that dismissal occurs by the consent of the employee. It is also necessary to refer to 77 Article Tk of the Russian Federation.
3. After that, appropriate records in the employment book and personal card are made, where they also indicate that the dismissal is carried out by the consent of the employee . A sample record of dismissal in the order of translation in the workbook was reviewed earlier in the first version.
4. With all the records and orders, you must acquaint the employee under the signature.
5. It is calculated with the payment of all compensation, after which the employment record is issued and the certificate of income for 2 years in hand.

Basic documents for dismissal

All letters are written in arbitrary form. The statement from the employee and the order of the head must be prepared for all the rules. Below we give a table with which you can competently compile the necessary document.

Compensation when dismissing translation

In the last work day with an employee, a complete calculation is made. Most often it is paid for its spent days and compensation for vacation.

How compensation is credited, consider on the example.

Example: Suppose that the worker is dismissed on 06/30/2016, while he did not go on vacation this year. If the magnitude of its annual leave is 24 days, then the company should pay compensation for 12 days.

Vacation when translating

When the employee comes to find a new job, his vacation is not saved. To go on vacation, it may not earlier than 6 months later. Except are:

• Decree care;
• If the dismissed employee was not 18 years old;
• Decor leave by an employee who is a child adopter for up to 3 months.

Who can be dismissed in order of translation

You can dismiss any employees, if they gave this consent or independently showed the initiative. In this category, single mothers, mother-in-house mothers, women in maternity leave, etc. fall into this category.

Advantages and dismissal dismissal

All positive and negative sides of the dismissal of translation will consider in the table.

Conclusion

Dismissal on translation to another organization is a simple process. But, nevertheless, he demands certain knowledge from the head and personnel department. We hope that after reading our article, you learned a lot of new things and can easily make dismissal to translate any complexity.

Dismissal by transfer method - maximum comfort For an employee to change the workplace. This method of translation allows you to qualify for additional bonuses in a new place, compared with the usual dismissal and reception to another organization.

If we are talking about the receiving employer, then for him the consequences of such a decision consist only that when he invited an employee, it will not be possible to refuse this, the rest - features for the organization only in the design of an employee to work documented.

Dismissal for translation - termination of an employment agreement An employee with one tenant and immediate signing it with another. For example, a worker, working at a permanent workplace, receives a more advantageous offer to work in another organization.

In this situation, he can issue translation from one organization to another. By and large, the worker is dismissed from one organization and is arranged in another.

Dismissal on the method of transition to a new employer happens external and internal.

Internal translation - The transition within the enterprise, this is the situation when the employer is also changing only the position of the employee, the location of his workplace, etc. This translation is divided into constant and temporary.

External translation - The transition to another organization happens when the employee leaves one organization to another, provided that his employment in the new organization will be on an ongoing basis.

In all of the above cases, the main - arrangement with employee.

it happens several types of dismissal of workers for translationTheir types depend on who is the initiator.

An employee himself found an enterprise in which wishes to work.

If the leadership of a new organization according to take it to work, it should send an invitation letter to its former place (addressed to the company's director), which will be confirmed that they are ready to take an employee to themselves.

Such an alert is heading by mail or personally the current director of the company. If the head agrees, the employee writes a statement about the dismissal in order of translation, on the basis of which an order of dismissal is issued, an entry is recorded in the employment record, a personal card and an employee is calculated. Prepared and obtained on the hands of an employee (labor and certificate 2-NDFL for 2 years).

With this package of documents, the employee is sent to the next labor place.

The initiator is the director of the organization.

Sometimes the company is necessary urgently reduce staff. Then the employer is entitled to find a new place to the employee. Directors of organizations discus matter all the details and request written consent from the employee. After a tripartite agreement is signed, indicating the post, salary, etc.

After the usual transition procedure passes.

Regulations

The process of dismissal-transition is regulated by regulatory acts: paragraph 7 of Art. 77 TK RF. This type of gap of the employment agreement is more difficult than the usual dismissal at will, and has more nuances. Therefore, it is extremely important to carefully approach the registration of the documentation.

Internal transfer is regulated by part 3 of Art. 72.1 TK RF.

Features of the procedure and algorithm of actions

Translation conditions depend on which Party is the initiator. For registration requires such documentation:

• statement from the employee;
• an invitation letter from the new employer;
• a written agreement of the new and old employer (if the procedure is initiated by the employer).

The documents are noted the name of the new company, the position, employment responsibilities, division, salary size and working conditions.

In the event that the employee refuses the transition, the employer has the right to dismiss it. In the case of consent, it is necessary to make a statement, and give written consent to the transition. Next follows a standard dismissal process.

In the framework of one organization

When the transition is performed within the organization, the employee must give approval for this procedure. Next, the organization issues an order to translate.
Important! Be sure to add additional. Agreement agreement between the employee and the employer.

The transition within one company is not so unambiguous as it seems. The fact is that it is legally, but in case of bad intent, as a result of such actions, an employee may be without work. And it will be impossible to challenge it even by the court.

To another company

Before dismissing an employee by transfer to a new employer, the head must have basins for this. If there is an invitation from the leadership of the new company, the current manual may dismiss the translation officer.

When the employee has the desire to leave for translation to another organization, and the current leader does not agree, he can only leave at his own request.

Important! When the dismissal happens on translation, the new organization should accept employment, or he will have the right to go to court.

Former head can oblige an employee to work out 2 weeks.

How to make a translation of the employee? Find an answer in this video.

How to arrange a letter

Usually this letter is sent due to preliminary oral agreement Between the management of organizations. It contains:

• the name of another enterprise;
• next position of an employee (prescribed salary, work hours, etc.);
• FULL NAME;
• the date with which the employee is hired.

The application for dismissal by the translation, as well as any such document, should have the date of termination of labor relations.

• a request for the termination of labor agreements by transfer;
• the name of the employer;
• invitation letter details.

Order, Laborbook, Personal Card

The order for the termination of labor relations with further transfer to another employer is issued by the form T-8 or T-8A, with a mandatory indication of the foundation (transition to another employer) and reference to paragraph 5 of Part 1 of Art. 77 TK RF.

On the day of dismissal, the employee must familiarize himself with the order under the signature.

When dismissing with further translation you need to issue an employee note-calculationwhich will contain information about all payments that it is laid.

IN labor book The item is recorded by analogy with the order. The number of the order of dismissal is indicated, the name of the new employer, the date.

Drawing up dismissal, it is necessary to record this in sectionXI employee personal card. It is also necessary to sign the employee in the personal card.

Payments and compensation

When switching an employee is relying normal set of paymentsThe composition of which depends on the situation:

1. Compensation must be paid for unused vacation if it has an employee.
2. The output allowance is not supposed, as dismissal occurs when moving to another organization.

Judicial practice and possible controversial situations

Most of the violations are caused by the difference between the intentions of the employer and reality or violations of the consent of the employee's conversion.

For example, the employer ordered employees to write a statement for dismissal by transfer to another enterprise, justifying this by the fact that in the company the reduction and the only option - the transition. In reality, the new tenant takes to work not all.

As a result, the court established dismissed illegally employees, recognizing the dismissal illegal.

Legal consequences in case of illegal dismissal

The legislation provides for the responsibility of the employer for the period of delay (by its fault) issuing documents. The court appoints a person who is guilty of illegal dismissal or the transfer of an employee, penalties that were incurred by the organization in connection with the payroll or an unpaid worker of labor.

Advantages for employee:

1. At the new workplace are not prescribed probation
2. Employment in the period of one month.

Disadvantage for employee:

1. No vacation is saved.

Advantages for manual:

1. With a reduction, it is necessary not to dismiss workers, but to translate.

Disadvantages for manual:

1. Loses employees.
2. The need to search for new employees.

Nuances for some categories of workers

If a woman is fired, which is on vacation on Bir or child care, this can be carried out with consent or on its initiative. In addition, labor legislation is established ban For the translation of young workers to other enterprises for posts that do not belong to their specialization.

Dismissal with the transition to a new employer has pros and consFor both the employee and the employer. The process itself is simple, but there is a lot of subtleties for its design, because very important Carefully treat it.

The transfer to another organization is often practiced by Holding companies. Find out to whom it is profitable and how to make a procedure correctly, download samples of the necessary documents.

From this article you will learn:

Dismissal by transfer: what the law says

Article 72.1 of the Labor Code of the Russian Federation allows for the possibility of dismissal by transfer to another organization by mutual agreement of the parties. This procedure can be carried out either at the request of the employee or at the initiative of the employer. In any case, a written confirmation of his consent should be received from the employee.

If the initiative comes from the employee, he must provide the head of the application and a letter from the future employer about the intention of employment. Without such a letter, the current employer may refuse. This is primarily due to the need to indicate the name of a legal entity in the order and the employment record, which drops out the outgoing.

The initiative of the employer is issued by the proposal (notice) of the employee. The proposal must be issued in writing and the company must take care of confirming the fact of familiarization. Otherwise, you can get penalties.

Order of dismissal for translation to another organization

At the initiative of the employee

The first stage of this procedure is the provision of the application to the employer. Moreover, when translating the development is not canceled and, accordingly, the application must be submitted for at least 14 calendar days before the expected date of care. Of course, the employer can let go before, but this is his decision.

Together with the statement, the employee provides a letter from the future of the employer, with the intent clearly expressed intent. And the period is prescribed into which such employment is possible (how much the company is ready to wait for a person). The legislator determines this period as 1 month.

On the last day of work, it is necessary to prepare the necessary documents on termination of the contract and make calculation and payment of due money. Dismissal occurs according to paragraph 5 of Art. 77 TK RF. This article is indicated by both the Labor Book and the order in the form of T-8.

The employee is relying not only all unpaid wages, but also compensation for unused vacation. There are no additional benefits and compensations provided for by the state when translating.

At the initiative of the employer

The employer can also offer dismissal with translation to another organization. How to do it right?

As a rule, such transfers practiced companies in which there is not one, but several legal entities. Depending on the needs of business, employees are translated from one Yul to another.

First of all, the procedure should begin with a proposal.

The notification (sentence) indicates not an ultimative assertion, but the possibility. The document should be drawn up in 2 copies, and on the company instance to get a man's marker about harmony or disagreement translated. The Labor Code does not contain the norms of the binding employer to warn about the dismissal in advance. Therefore, with arrangement, it can take place on the day notice.

Also from the outgoing employee it is worth getting a corresponding statement to cut off possible claims. The rest of the procedure does not differ from the procedure for termination of the contract on the initiative of the employee.

Writing in labor

An entry into the labor book is made on the last day of work after the publication of the order for dismissal. The basis of termination of the contract is paragraph 5 of Art. 77 of the Labor Code of the Russian Federation. The record will sound as follows: "Fired in order of translation in LLC" Prometheus ", paragraph 5 of the first part of Article 77 of the Labor Code Russian Federation”.

At the same time, the host organization in employment entries should indicate the company from which a new person arrived, for example: "adopted in the order of translation from Alpha LLC to the position of system administrator in the information technology department."

Calculation of payments

On the day of dismissal, the employee pays the entire salary for spent time, as well as compensation for unused vacation. Payment compensation is required. The legislation does not allow the transfer of non-glured days to a new employer.

Compensation is paid for all days of vacation, which were not used by the employee. Their calculation is made on the basis of the average annual income of the outgoing.

Who benefits the dismissal by the translation?

First of all - the worker himself. After all, the legislation obliges a new employer to employ a candidate when translating within a month. With this form of termination of the contract, a person does not go anywhere, but has ways to retreat.