Dismissal of an employee must be for good reason. In some situations, transferring an employee from one organization to another is required. The initiator of this process may be the current employer, direct worker or future employer. The procedure involves termination of the current employment contract, after which a new agreement is concluded with another company.
Process features
Dismissal by transfer to another organization involves the simultaneous termination and conclusion of an employment contract. As a result, the hired specialist begins labor activity in another organization.
Most often, the process is carried out on the initiative of a direct employee who is offered a profitable job in another company. With the consent of the current employer, his transfer to the new place of employment is carried out.
To perform this procedure, the current employer must have a foundation. It is usually represented by an official invitation from another company. If the head of the company where the citizen works agrees with such a transfer, then he issues an appropriate order and makes the necessary note in the work book. This leaves a link to Art. 77 shopping mall.
The leaders of different companies do not receive much benefit from the transfer of an employee from one organization to another. Numerous advantages appear for the direct employee, as he is guaranteed to receive a new place of employment on favorable terms.
Primary requirements
In order to dismiss by transfer, the following requirements must be met:
- the current employer must agree to the implementation of this process;
- if consent is not given by the head of the company, then the employee will have to resign at his own request with mandatory work, and he will also not have protection before the new employer, so he may be denied employment;
- even an existing employer may act as an initiator if, instead of reducing the number of employees, he is looking for the best place for new employment for them;
- the receiving party must employ a specialist within one month from the date of his dismissal, otherwise the citizen may apply to the court.
By a court decision, an employee may demand a return to their previous place of employment or registration at a new place of work. If a citizen resigns of his own free will, then he will have no reason to present any claims.
Is mining necessary?
Dismissal by transfer to another organization does not require the employee to work out for two weeks. This is an undoubted advantage for him.
But according to the law, the current employer may require the employee to work out until another specialist is found at his place of work. Based on the agreement of the parties, early termination of the employment contract is allowed.
Types of translations
The translation of any employee can be presented in two forms:
- Interior. In this case, a specialist is arranged for another position in one company. Such a transfer may be permanent or temporary.
- External. This method involves dismissal in the transfer order, so the company in which the citizen works changes. Therefore, an employment agreement is terminated with the current employer.
For the use of any type of translation, the consent of the direct employee is required.
Employee-initiated translation rules
Any person wants to work in a company where he gets a good salary and does his favorite job. Therefore, often while working in an organization, people continue to search for another place for employment. If such a place is found, the specialist may ask the potential employer to draw up a special invitation letter to the current head, which indicates the need for the transfer of a specific employee.
The transfer of an employee from one organization to another on his own initiative is carried out in the correct sequence of actions:
- a citizen finds a new place for employment;
- he asks the potential manager to draw up an invitation addressed to the current director;
- this written notice is transmitted to the current employer in person or sent by mail;
- if a positive decision is made by the manager, the employee draws up a transfer application;
- on the basis of this document, an order is issued which indicates the transfer of the employee;
- put the necessary mark in the work book;
- the existing employment contract is terminated, after which the employee receives the due payments;
- further, the new employer draws up a new contract with the hired specialist within a month on previously agreed terms.
Usually, under such conditions, the current employer has a negative attitude towards the fact that the specialist leaves work, therefore, does not agree with the execution of the transfer. He requires dismissal of his own free will, so the citizen has to work out the prescribed 14 days before dismissal. The only way to refuse working out is going on vacation with the subsequent dismissal.
Employer-initiated translation
Often, the heads of different companies need to reduce the number of employees. Reduction of staff is considered a serious and unpleasant process, which is notified to the state authorities, and also the company is obliged to pay severance pay to all reduced employees. Therefore, a decision is often made to transfer an employee from one organization to another. In this case, the company can fire the required number of employees who immediately get a job in another organization.
The translation procedure is divided into stages:
- the company’s management is independently engaged in the search for a new company where a particular employee will be employed;
- conditions are agreed upon by two employers;
- the head of the second company draws up a written proposal for the employee;
- if a specialist agrees to a change of place of work, then written consent is drawn up by him;
- a tripartite agreement is formed and concluded, which indicates what position the citizen will occupy in the new company, as well as what salary will be paid to him;
- then the standard process of transferring an employee is carried out, for which a transfer order is issued, the necessary information is entered into the workbook, and calculation is made.
Such a transfer has many undeniable advantages for both employees and both employers.
Rules for writing an application by an employee
Before making a transfer, it is necessary to obtain permission for this process from a direct hired specialist. To do this, he compiles a special application for dismissal, which contains the following information:
- the name of the director of the enterprise to which this application is sent;
- personal data about the employee submitted by his F. I. O., the position held and information from the passport;
- indicates the need for transfer to another company;
- it is stated that there is an official job offer from another organization;
- a request is made to properly execute the translation;
- put the date of formation of the document and the signature of the employee.
It is advisable to transfer the document personally to the employer. A sample of such a statement can be studied below.
How to draw up an order?
If the head of the company agrees with this method of dismissing the employee, then they are issued a transfer order. It includes the following data:
- company name;
- name of the document submitted by order;
- order number;
- date of formation of the order;
- the way in which the employment relationship with a specific employee is terminated;
- F. I. O. and the position of the dismissed specialist;
- citizen number in the report card;
- grounds for competent calculation;
- information on documents confirming that a citizen quits as part of a transfer;
- put the date of publication of the order and the signature of the head of the company;
- a separate column is intended for the signature of the employee, since the documentation is forwarded to him for review.
An appropriate order is required if you plan to transfer an employee to another unit within the organization. Any document is recorded in a special journal of the company.
An example of an order to transfer a specialist to another company can be studied below.
What happens with a vacation?
Vacation is not saved during the transfer, therefore, to go on vacation, a citizen must work in the new company for at least six months. If at the previous place of work there are several days of rest that the specialist did not take, then he will be paid only compensation, the amount of which depends on his average earnings.
Only a minor employee or an employee who has adopted a child whose age is less than three months can leave on vacation ahead of schedule at a new job.
The nuances of filling out a work book
The employer must make the necessary entry in the labor transfer. For this, the following information is indicated:
- record number;
- date of entry of information;
- reason for termination of employment;
- reference to an order issued earlier;
- reference to art. 77 shopping mall.
An example of a job record about a transfer can be studied below.
Advantages and disadvantages of the process
The advantages of dismissing citizens on the basis of a transfer include:
- the employee can avoid the need for passing a probationary period;
- reception of an employee by transfer from another organization is guaranteed for one month, otherwise a citizen can sue the company;
- companies can avoid the need for staff reductions.
The disadvantages of using this method of termination of employment include:
- the vacation is not saved, therefore, to go on vacation you have to work at least six months in the company
- the company loses a qualified specialist;
- the company will have to search for new personnel.
Most often, the initiator is the employee. This is due to the fact that almost every person, while conducting labor activities, studies other offers in the market, which allows him to find a higher paying and interesting job.
Conclusion
Dismissal of an employee by transfer is considered beneficial for all participants in an employment relationship. The procedure can be initiated by an employee or two companies. At the same time, the current employment contract is terminated with the conclusion of a new contract.
The employer must know how to issue the order and enter the necessary information into the employee’s work book. If the new company refuses to register a citizen for work, then such a decision can be challenged in court.