Often, the transfer of an employee from one company to another by way of dismissal can be convenient for both the releasing party and the receiving party, as well as for the employee himself. Next, we will consider the main stages of such dismissal and the advantages of dismissal by transfer for the employee and the employer.

When can dismissal by transfer be carried out?

Current labor legislation provides for two types of such dismissals and transfers:

• at the request of the employee;
• with the consent of the employee.

In the first case, the initiator of dismissal through transfer is the employee himself. He can find a suitable vacancy and ask his current employer to fire him precisely on this basis (clause 5, part 1, article 77 of the Labor Code of the Russian Federation). The request must be recorded in in writing(in the form of an application addressed to the current manager).

In the second case, the initiator of the transfer can be both the releasing (current employer) and the receiving (future employer) parties. However, dismissal is impossible without the consent of the transferred employee - it must be received in writing (in free form).

Dismissal due to transfer: procedure

For any type of dismissal by transfer, the consent of three parties must be recorded in writing:

• current employer (releasing party);
• future employer (host);
• the employee himself.

It should be taken into account that we are talking about two different employers, which means that transfer through dismissal in one organization is impossible.

In practice, consent is recorded as follows:

In case of dismissal at the request of an employee:

• the employee writes an application requesting dismissal by transfer (it is necessary to indicate the article in the Labor Code - dismissal by transfer, clause 5, part 1, article 77) addressed to the current employer;
• a petition from the new employer (for consent to such a transfer-dismissal) is attached to the application;
• in case of consent to dismissal, the current employer responds in writing to the employee’s application (in free form, for example, in the form of a letter).

In case of dismissal with the consent of the employee:

• the future employer is preparing a “transfer letter” - a letter of request to dismiss the current employee under clause 5 of Part 1 of Art. 77 of the Labor Code of the Russian Federation in connection with the initiative of his employment in another organization;
• similarly, the current employer, if he agrees to the transfer, responds to the proposal in the form of a letter;
• the employee expresses his consent to dismissal (in the form of an application).

Dismissal by transfer: pros and cons

The pros and cons of dismissal by transfer depend on the circumstances of each specific case.

A plus for the employee and a possible minus for the new employer: in the event of dismissal on the specified grounds, the new employer is obliged to hire the employee within one month after dismissal from the current employer.

In addition, such an employee cannot be given a probationary period (Part 4 of Article 70 of the Labor Code of the Russian Federation). This can be a significant disadvantage for the receiving party.

Among other things, a disadvantage for both the releasing and receiving parties is the need to maintain additional paperwork (letters of request and letters of consent).

Dismissal by transfer to another organization: personnel registration

Like any other dismissal, dismissal by transfer must be confirmed by a dismissal order. All documents drawn up (applications, letters of request, letters of response) are indicated as the basis for such an order. The employee must be familiarized with the order against signature. In addition, it is necessary to draw up a calculation note and make a corresponding entry in the employee’s work book.

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

Transfer of an employee to a new one workplace can be external and 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, i.e. 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.

Please note: when an employee needs to move to work in another city, but does not change employer (for example, an employee goes to work in subsidiary), then such a translation cannot be considered external. It is not formalized by dismissal. An external transfer implies a change of employer.

External transfer assumes that the employee interrupts employment contract with one employer and within 1 month enters into an agreement with another. 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:

• surname, 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 payment of benefits for 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:

• obligations 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: — 4 page — 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 statement of claim, provide the court with a letter of invitation signed by this employer. This document is the main evidentiary argument to protect the interests of the employee.

Another problem when dismissing with a subsequent transfer may be the current employer’s disagreement with this operation. Exit to in this case one - dismissal standard option with the wording “By at will" 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 new job the employee has a number of advantages:

• guaranteed employment in new organization within 1 month from the date of dismissal from the previous place of employment;
• absence probationary period at a new workplace.

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

Dismissal from a position does not always mean loss of a job. Dismissal by transfer means that an employee leaves one workplace and goes to work in another. At the same time, he does not lose wages and other benefits of a working person provided for by law. Both the employee and the employer should be aware of the procedure for removal from a post and transfer to another.

When they talk about the procedure for transferring from one employer to another, they mean termination of employment relations on the basis of Article 77 Labor Code RF in paragraph 5, part 1. The agreement involves three parties: the employee, the current employer and the new employer. At the same time, the agreement states that the latter is guaranteed to hire an employee for the vacancy.

Dismissal through transfer is classified into two types:

1. External. Dismissal is carried out by transfer to another organization to the main place of work.
2. Interior. The process takes place within one company. The decision is made by both the employer and the employee. This could be a change of position, finding a new workplace. Also new post Offered both permanently and temporarily.

Any decisions should be made only with the consent of the employee himself.

Depending on who initiated the transfer, there are several types of dismissal:

• The employee independently found another company to continue his work experience. In this case, the new management is obliged to send a written invitation. Notification is sent by registered mail or handed over personally to the current manager. With the consent of the current employer, a statement is required from the employee. The document becomes the basis for an order, an entry in a work record, a personal card, and for making a full calculation;
• The decision on transfer is made by the head of the enterprise. It may be necessary to lay off all employees in as soon as possible. In this case, the employer independently, if desired, finds another place of work for the dismissed worker. The employers reach an agreement among themselves and discuss all the details of the future agreement. After receiving confirmation from the employee, an agreement is drawn up with the participation of three parties, signed and comes into force.

The rules for dismissal and the regulations of the procedure are fixed in the Labor Code of the Russian Federation, in article number 77, paragraph 7. There are many nuances and features in this process, therefore the correct filling out of all necessary documents is a guarantee that no claims will arise from either party.

When a worker transfers internally, another article of labor law No. 72.1 part 3 is used.

Procedure and procedure for the employer

For any type of transition from one position to another, they require required documents:

• a completed application form from the resigning employee;
• a written invitation from a new employer;
• an agreement drawn up in the form of a letter concluded between two managers. This document is drawn up if the decision was made by the current employer.

All documents indicate the full name of the new company, vacancy, job responsibilities, department or division, salary, work and rest hours.

What to do if an employee does not agree with the place provided? In this case, the employer can dismiss the employee without transfer. If the worker agrees to move to another position, this is communicated in writing. For the HR department, the dismissal procedure does not change and occurs in the same way as with the usual departure of an employee.

Eat small nuances transition for external and internal types.

Transfer of an employee through dismissal in one organization requires written approval this process. The HR department is preparing an order to complete the procedure. The document is signed and comes into force.

An internal transfer is properly executed if an agreement has been concluded with the employee additional agreement. The document specifies the terms of the transition, salary, and future position.

The head of the enterprise from which the transfer employee plans to leave must have sufficient grounds for dismissal. If an invitation has been received from a new company and the current employer agrees, then it is legal to use the translation article.

If the employer refuses to let the employee go, the latter must write a statement of his own free will and indicate the appropriate article.

It is important to understand that when a citizen leaves the company due to transfer to a new position, the new management is obliged to accept the employee. Otherwise, the latter has every right to apply to the judicial authorities to protect his right to employment.

At the same time, the worker is not released from the obligation to work 14 days at the old place of work after submitting the application.

Today the law has become strict in relation to deadlines in documents. In particular, this applies to a letter of invitation, dismissal from and the conclusion of a new employment contract. If previously the labor code stated that a new employer cannot refuse an employee to draw up labor agreement, even if it appeared after three months. It was Article 16, these conditions were prescribed in paragraph 2.

Later changes were made. In 2019, upon receiving a letter inviting a new position, the employee is obliged to come to another enterprise within 30 days from the date specified in the document. If this does not happen, then the further conclusion of the employment contract remains at the discretion of the new employer.

Unilateral cancellation of an invitation is not possible. Otherwise, the new applicant applies to the judicial authorities and restores his rights.

In every dismissal process there are positive and negative aspects. In this case, the consequences affect both parties to the contract.

For an employee planning to leave for another company:

• pros. Obtaining a new job is guaranteed within 30 days. When entering a new position obtained as a result of a transfer, there is no probationary period;
• cons. If a decision has been made and a statement has been written, then there is no turning back and it is impossible to pick up the paper.

For an employer or resigning employee:

• pros. When reducing staff, it is more economical in financially exit. There is no need to pay an employee severance upon termination;
• cons. You need to know the nuances of the procedure and the correctness of paperwork.

Two documents start the process of dismissing an employee due to a transfer:

1. Statement of decision to move to another job received from an employee.
2. Notification from the manager about the need to transfer to a new position or new enterprise.

All intentions are made exclusively in writing.

When receiving an application from their employee, the employer must put their visa in the corner of the document. Without the consent of the current manager, the dismissal process cannot be formalized. The employee must submit a new application indicating a different reason. More often they submit an article of their own free will and work for 14 days. It is worth noting that leaving the enterprise on the basis of Art. 80 of the Labor Code of the Russian Federation, provides that new employment will be subject to a probationary period. Also, the new employer may refuse to hire you.

The law does not provide for an article allowing transfer to another organization without dismissal. IN work book There must be a record of removal from one position, the article and acceptance to another place of work must be indicated.

When an enterprise has employees who are on maternity leave, then any actions in relation to them are of a special nature and have nuances.

Dismissal and transfer to a new job takes place only with the consent of the citizen. Article 72.1 of the labor law does not clarify the issue of pregnant women and child care. The process is accompanied by release from execution job responsibilities at the old enterprise and official registration at the new one.

Article 84.1 regulates the documents provided and the procedure:

• an application form is filled out requesting dismissal due to transfer;
• an order for the enterprise is being prepared. The basis is the statement;
• the employee reads this document and signs;
• a work permit is issued.

There is no single application form, so the paper is filled out randomly, but with the required details indicated:

• personal data of the employee, position held;
• the date, month and year for which the transfer is scheduled is indicated;
• write the full name of the new company and what position you plan to occupy.

Starting a new job must occur within 30 days. If the deadline is missed, the new employer may refuse to hire the employee for the vacancy. This is regulated in Article 64 of the Labor Code.

An employer, having a young mother or expectant mother on staff, must know the specifics of dismissal:

• The release of the workplace occurs only at the request of the maternity leaver. The employer does not have the right to carry out this procedure at his own discretion. The labor contract states Article 77, paragraph 5 in the first part;
• early call from maternity leave if the baby is not three years, is impossible. Even if it is necessary for paperwork. A date is agreed upon with the woman when it will be convenient for her to come to the HR department or an appointment is made at home;
• before starting the dismissal procedure, the maternity leaver must give written consent;
• If a woman is on maternity leave, the leave is interrupted at her old place of work and resumed at a new one, after submitting the appropriate application.

To ensure that the transfer does not violate Article 72.1, which stipulates the prohibition of providing a workplace that is contraindicated for medical reasons, you need to make sure that new position the employee can work, it will not threaten her health.

Otherwise, the procedure and documents correspond to the standard dismissal for the transfer of an ordinary employee.

Translation of a part-time worker

The procedure for transferring a part-time worker has two types:

• internally. When the transfer occurs within the enterprise, an additional agreement is signed with the employee. In this case, the existing position is retained by the employee, only the workload is added by fulfilling additional job responsibilities;
• external. This type transfer involves dismissal from the main position in this company and transfer to another company to the main position, but the employee continues to perform certain duties in the previous position.

Upon dismissal through part-time transfer, the old employment contract is terminated and a new one is concluded, which specifies the working conditions, wages, number of working hours, vacation.

An employee at an enterprise may be fired as a result of being transferred to a new job in another organization. This method dismissal has some features and advantages, which can be read about in the article below.

The dismissal of transfers is regulated by clause 5 of Article 77 of the Labor Code of the Russian Federation. The procedure for dismissal depends on whose initiative the transfer is being made.

Dismissal due to transfer at the initiative of the employee

If an employee leaves for another organization on his own initiative, then it is necessary to receive an invitation to work from the new employer. Having received an invitation, the employee writes a letter of resignation by transfer and sends the documents to his current employer. The latter is considering the possibility of dismissal.

If it is not against it, then it is drawn up and the employee can be dismissed without mandatory two-week work.

If the employer does not want to part with the employee voluntarily, then the employee can resign on a general basis at his own request, by writing a statement and working for 2 weeks.

An important feature of dismissal by transfer is that the employee, having written an application, cannot withdraw it, in contrast to dismissal at his own request, in which, throughout the entire period of service, the employee can withdraw the application at any day and continue to work.

In the work book, upon dismissal by transfer to another organization, an entry is made: “Dismissed due to transfer at his request to “Name of organization”, paragraph 5 of Article 77 of the Labor Code of the Russian Federation.”