Dismissal as a transfer to another employer. Article "dismissal by transfer"

The Labor Code provides for the procedure for the dismissal of an employee by transferring to an outside organization. The reasons for such dismissal can be many. The procedure itself is quite simple, but it has a number of important features.

What should the dismissed employee know? What are the pros and cons of having a transfer to another organization?

Features

The procedure for calculating employees' employees upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure is provided for by Article 77 of the LC RF. The translation is executed if there is a written invitation from a third-party organization. As Article 72 states, dismissal by transfer is possible only on the basis of a written application of the employee. After that, an appropriate order is issued.

Justification of the reasons for the transfer

According to the current legislation, when dismissed, employees are not required to report the reason why they intend to transfer to another employer. Therefore, the statement must indicate that the employee is being dismissed because of the transfer. And if there is an invitation from a third-party organization, you need to indicate that the employee confirms his consent to transfer.

In the order, the organization's management must specify the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.

Order of transfer

Dismissal as a transfer to another employer begins with the writing of an application by an employee. According to clause 1 of Article 84 of the TC, after the application, an order is issued in the form of T-8, which was approved by Goskomstat. Documents, as a rule, are prepared in the personnel department. After the publication, the order is handed over to the director of the organization for signing. Without fail, the employer informs the dismissed person of the issuing of the order. After signing this document, if there are no comments to it, they begin to fill out the work record book. The employee's personal card is filled with all the necessary data. After that, the accounts are finalized and issue 2-NDFL certificates and deductions to the RF FF and FSS. Day of dismissal - the date specified in the order.

Translation firing: application

The application must include the following information:

• Name of the employee;
• The name of this document and its essence;
• The current date;
• Signature of the employee.

After the application is signed by the director of the organization, it is filed in the personal file of the employee.

Order

Dismissal in connection with the transfer can not be carried out without an order. It should contain:

• Full name of the company;
• name;
• Date of publication;
• The description of the method of termination of labor relations;
• Name of the person to be discharged, his position, number according to the table;
• References to documents confirming the legality of dismissal;
• Signature of the CEO;
• Stamp of the enterprise.

At the end of the order there should be a column entitled "With the order acquainted", where by his signature the employee confirms the notice of dismissal. The information is entered in the personal card of the employee on the basis of this document, also a copy of the order and a receipt on the absence of material claims to the employee on the part of the firm are attached. The order must also be numbered.

Recording in labor: dismissal by transfer

The workbook is drawn up in accordance with the requirements of the TC. The entry should include a reference to Article 84.1. Also, the reason for dismissal, the date of publication and the number of the corresponding order should be spelled out. The entry must be certified by the signature of the general director of the enterprise or the person responsible for the labor documentation. After the book is filled, the organization's seal is put. But when you place a new position, a note is made on acceptance for a position in connection with the transfer.

Are there any compensations?

Dismissal in the order of transfer to another employer involves carrying out a full calculation with the former. And this means that workers are entitled to compensation:

• For hours worked;
• For unused vacation.

In accordance with Article 84 of the TC, the day of dismissal is considered to be the date of calculation. However, if at that time the employee was absent from work, the calculations are made no later than the day following the submission of the application for payment. If the employee is dismissed at the time when he is on sick leave, the employer must pay this leave.

In case of late payment to the former employee of all compensations, the employer must, according to law, pay a fine on the unpaid amount. Even if there are no funds in the organization, this is not an occasion for violation of the terms of payments. Otherwise, the dismissed employee has the right to apply to the court.

Working off

According to the Labor Code of the Russian Federation, when transferring to an outside organization, the previous employer has the right to demand that the dismissed employee work for 2 weeks from the time of writing the application. In fact, this is not a work-off, since the employee notifies the employer about the termination in just 14 days. This period is necessary to find another employee for a vacant position. However, in consultation with the authorities, the employee can leave earlier.

What about holidays?

As already mentioned above, dismissed employees are paid compensation for unused vacation days. However, the law does not provide for its preservation in the translation. This rule applies in general cases. Thus, the employee will be able to take leave at a new enterprise only after 6 months of work (122 articles). Transfer can be carried out and with preservation of holiday under the following circumstances:

• Care of the decree;
• The dismissed person is a minor;
• The person who is dismissed has adopted a child under 3 months.

Consequences for the employee

Dismissal as a transfer to another employer has some advantages, which include:

• Guaranteed employment;
• There is no need to pass a probationary period.

In accordance with the requirements of Article 64 with the new organization, a contract is concluded. In this regard, the employee should apply to a new enterprise with the purpose of concluding an employment agreement no later than 1 month from the date of calculation. If a person refuses to enter into a new agreement, he faces administrative liability.

Significant drawbacks include non-preservation of previous earnings. After all, the outside organization is not connected with the former. In addition, the law does not provide for transfer without redundancy.

Consequences for the employer

At its core, this procedure has no negative consequences for the organization. This way of dissolving the employment agreement is not much different from all the familiar standard layoff procedure. As a drawback, however, it is possible to distinguish the need to search for another employee, especially when the lay-off is a qualified specialist.

Nuances

Now let us dwell on special cases of dismissal in the translation.

If a woman who is on leave for childbirth or childcare leaves the procedure, the procedure can be carried out only with her consent or on the initiative emanating from her.

The labor legislation establishes the impossibility of transferring young specialists to outside organizations for posts not related to the specialization received. To lose this status an employee can only because of his actions, and this is fraught with the loss of relying benefits and compensation. But the loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.

Dismissal as a transfer to another employer is a simple and intuitive process. The basis for its processing is the statement of the employee. After that, the order is issued and signed by the head. The employee shall be notified without fail. After this, the accounting department of the enterprise makes a final calculation: the employee is paid all the prescribed compensation for vacation and worked days. If payments are not made in time, the employee has the right to sue the organization. The process is inherently no different from the usual dismissal. However, in the work record book, employers make an appropriate entry. For the employer, dismissal does not have any negative consequences. But for an employee this threatens to reduce the size of earnings and loss of time.