Dismissal often means suspense. A natural desire for any person is to know for sure that tomorrow he will not be left without work, which means that you need to somehow secure yourself.
The dismissal of the transfer most often serves as the basis for termination of employment contracts. With proper design, a person is sure: a new job is waiting for him, no one else will be accepted. Peace is guaranteed by Article 64 of the Labor Code, according to which all employees invited to work in writing (namely for translation) cannot be refused a new contract. This is precisely the guarantee: if the new employer is denied employment, the question will arise about the disqualification of the head and a large fine. True, the terms are indicated here: thirty days from the date of dismissal. Sick leave is not a reason to extend this period. In addition, dismissal by transfer exempts from the probationary period. This is based on the Labor Code of the Russian Federation, article 70. Dismissal by transfer does not give more advantages. But there are cons.
A resigned employee cannot apply for a vacation, given the terms of the previous work. Vacation should be appointed, according to the law, after six months of labor (continuous) in a new place. Unless, of course, the new employer does not agree to meet halfway and does not provide early rest.
In addition, if you change your mind about translating and suddenly decide to pick up a statement, you won’t be able to do it already.
As for the employer, he does not care (precisely from the financial side) how to fire the employee. The difference lies only in the different design of related documents.
Another thing is if the enterprise is deprived, for example, of a job site, or self-destructs. The staff reduction is already brewing here . And this is a significant loss for the employer, since the laid-off employee will have to pay two (or even three) salaries. Naturally, dismissal by transfer will become in this case a Solomon decision.
Now about the design. The consent of both parties is mandatory. This is perhaps the main condition. The paperwork will depend on the reason why the employee leaves the company. This can be a request (the employee himself asks for the transfer of the employer, based on the invitation of another employer, which is recorded in the relevant application), or consent (also by agreement, but already without the initiative of the employee, but with his obligatory consent). In the latter case, transfer is not possible without the consent of the employee.
The employer considers the submitted application and makes a decision. The manager’s consent is confirmed by a visa on the application, after which the personnel officer prepares an order (dismissal by transfer).
If the employer does not support the initiative of his employee, then the employee himself will not be able to influence (force) a positive decision. He will have to quit, not by translation, but of his own free will, without guarantees that he would provide.
After signing the order in the personnel department in accounting, a calculation is made.
If we consider dismissal by transfer without the initiative of the employee, then the dismissed employee must agree. Against his will, the transfer to another employer is impossible, and they are not allowed to force him.
The transfer procedure should always begin with mutual agreement, as confirmed in a written agreement. Only after this, the employee writes a statement, which is signed by the employer. And only after that the personnel officer proceeds to the standard paperwork.
The order of dismissal must indicate the details of the agreement with the attached statement of the employee.