Often while working in one company, an employee receives an invitation to work from another organization. It proposes a position in a new company with more attractive terms of cooperation, with high pay and other positive parameters. The immediate current manager can arrange the transfer of the employee to another organization. The procedure is that the employment relationship with the company is terminated, after which an employment contract is immediately signed with the new employer.
Translation Nuances
When an employee is transferred to another organization, the current contract is terminated, after which a new agreement is concluded. The possibility of such termination of relations is provided for by the provisions of Art. 77 shopping mall.
Typically, the need for such dismissal is associated with the following reasons:
- owners divided one enterprise into several separate companies;
- the head of one company seeks to recruit an experienced specialist who is a valuable staff;
- A citizen leaves the company due to its closure, but with a simultaneous transfer to a new company, opened by the previous employer;
- the specialist moves to another region, and at the same time finds a job in the chosen city in advance;
- the employee wants to change the place of employment.
At the same time, it is important to correctly formalize a change in the place of work of a specialist. Since the company is changing, such a transfer is called external. If the transfer of an employee within the organization to another position is carried out, then the process is called internal.
Employee Benefits
Transfer to other companies has many advantages for hired professionals. These include:
- guaranteed to get a citizen to a new place of employment;
- the employer cannot use the probationary period for a new employee, therefore a citizen is immediately registered with the state;
- It is not required to work out the last two weeks at the last place of work;
- no interruption of work experience.
If the current employer acts as the initiator of the dismissal of the employee by transfer to another organization, the specialist may refuse such an offer if he does not like the proposed conditions. When the employee refuses, the head of the company cannot apply any punitive measures to him.
Terms of procedure
The transfer of the employee to another organization must be carried out subject to certain conditions. These include:
- the employment contract drawn up with the first employer must be terminated;
- due to the formation of a new contract, working conditions can significantly change, therefore there are no guarantees that the salary will remain at the same level or increase;
- such dismissal is allowed only with the voluntary consent of the company's direct employee;
- the specialist can agree on working conditions and payment in advance with the prospective employer;
- so that the employee has additional guarantees, it is recommended to request from the company where the transfer is planned a special request letter in which the specific position for which the citizen will be employed will be indicated;
- the new manager cannot refuse to employ the employee after the transfer of the official offer, since otherwise he will have to face a fine of 30 to 50 thousand rubles. and punishment in the form of suspension of the company for up to 90 days may also apply.
Before changing the place of work, each person must evaluate their capabilities and prospects, and only after that the employee is transferred to another organization. Vacation at a new place of work is provided on general conditions, so for its registration you will have to work at least 6 months in the company. At the former place of employment, upon termination of employment, compensation will be paid for unused vacation.
Translation process
The leaders of different enterprises should know how to arrange the transfer of an employee to another organization. This procedure is implemented in successive steps.
The specific actions depend on whether the employee himself or the current employer is the initiator. Often, a procedure is generally performed based on a request from a new company.
At the initiative of the employee
If the employee himself plans to change his job, the following actions are performed:
- a letter of resignation is made in connection with the transfer;
- a free-form statement is generated, but the reason for terminating the contract must be indicated;
- the name of the new company is given;
- a proposal from a potential employer is attached to the application;
- an order is issued by the head of the company;
- on the last day of the employee’s work, a work book is issued to him, and the required funds are paid.
An organization’s consent to transfer an employee to another organization is not required. If the current manager does not agree with this process, then the employee will have to draw up the usual letter of resignation, after which he will be forced to work out the prescribed two weeks. If he has unused vacation days, then he can write an application for leave with subsequent dismissal in order to begin immediately to the official duties at a new job.
At the initiative of the employer
Often, the head of the company receives offers from contractors regarding the transfer of any employees. Also, when dividing a business, owners can initiate the transition of different workers. In this case, it is management who initiates the change of employee’s place of work. How to make an employee transfer to another organization? The process is divided into stages:
- initially, a written proposal is made to the employee, which indicates the possibility of moving to another company on favorable terms;
- in such a proposal, the name of the new company, its address, proposed position, requirements for skills and abilities of the specialist, the size of the future salary and other information about the new job;
- the proposal should have the basic conditions for future work;
- if the employee, after studying the document, agrees to a change of job, he confirms the consent by signing the proposal or drawing up a separate consent;
- direct dismissal of a specialist by issuing an order and entering the necessary information into the workbook;
- an employment contract is immediately concluded with the new employer on the proposed terms.
Such transfer of an employee to another organization is a profitable process for both participants. An employee can get a really high-paying and interesting job, and the employer frees up a vacant place and builds relationships with contractors.
Based on a request from another company
When opening a new organization, each manager wants to attract experienced and qualified specialists. Therefore, he often makes requests for transfers to other companies with which he previously worked or in which he was employed at all.
The procedure for transferring an employee to another organization at the initiative of a new employer consists of the following steps:
- a request is made by the new employer, which indicates the full name of the employee, and also suggests specific work;
- the request lists all the basic conditions for future employment, which will allow the hired specialist to decide whether it is advisable for him to transfer to a new company;
- if the employee agrees, then he sends a written notice to the head of the new company;
- all the features of future cooperation between the two firms and the employee are agreed upon;
- the current employer issues a dismissal order, which may indicate the transfer of not one employee, but several employees;
- depending on the number of employees to be dismissed, the optimal form of the order is chosen, since form T-8 for one specialist or T-8a for several employees can be used;
- all specialists sign the order;
- enter the necessary data into personal cards and work books of employees;
- work books are handed over to citizens on the day of dismissal.
If a past employer agrees to such a termination, then it is not even necessary to work out 14 days. It is important to correctly draw up an order to transfer the employee to another organization. It contains information about the F. I. O. of the citizen and the position held. The reason for termination of the employment contract is indicated.
Rules of calculation with employees
When workers are transferred to another company, they are dismissed from their previous place of work. The former employer must pay employees the necessary funds. The procedure is performed directly on the day of dismissal. The following payments are listed:
- salary, determined depending on the actually worked days in the company;
- vacation compensation.
The severance pay is not appointed at such dismissal. Simultaneously with the funds, the employee is provided with a 2-NDFL certificate containing information on the average citizen's earnings at the previous place of work.
How to make a statement?
If the initiator is a direct employee, then he sends the employer a statement on the transfer of the employee to another organization. This document includes information:
- date of formation;
- F. I. O. and the position held in the company;
- the reason for the dismissal, represented by a change of job;
- a request to execute a translation under the Labor Code, which does not require working off from an employee of the company.
An application from the new company is necessarily attached to the application. Usually, in such conditions, employers meet the employees, therefore they do not require training from them.
Translation Nuances
The features of dismissal by transferring a specialist to another company include:
- if a woman is on maternity leave when the company where she was employed closes, she is usually offered the option of transferring to another organization;
- young specialists cannot be transferred to work that does not correspond to their education and qualifications, therefore, changing the place of work will be illegal;
- if this opportunity is offered to people on probation, then in the new company they are immediately registered with the state, therefore they usually respond positively to the proposal.
In any case, the procedure can be performed only with the consent of the hired specialist. It is impossible to force him to transfer. Under such conditions, it is possible to challenge the process in court.
Temporary Transfer Rules
Temporary transfer of an employee to another organization is carried out on the basis of an agreement of the parties drawn up in writing. The nuances of using a temporary transfer are given in Art. 72.2 TC. The term may not exceed one year.
Typically, the procedure is performed when another company is required to replace the absent specialist for a short period of time. The transferred employee retains his place of work. Such a transfer may become permanent if the employee for various reasons does not return to the previous place of employment.
With a temporary transfer, the burden on the employee does not increase, so this procedure is not part-time.
Conclusion
Dismissal can be carried out by transferring an employee to another company. The process can be initiated by a direct worker or a new organization. Often, even the current employer is interested in the procedure.
Translation has many advantages for hired specialists, but it is important to understand the rules of its design so that the rights or interests of citizens are not violated.