Dismissal is represented by the termination of labor relations between the head of the company and the employee. The process can be carried out at the initiative of the specialist or the employer. The basis may be a person’s personal desire to change jobs or the identification of violations on his part during the performance of labor duties. Often used dismissal by transfer, on the basis of which the specialist immediately after the termination of the employment contract enters into a new agreement with another employer. The process must be performed in the correct sequence of actions. Employers must understand how such a dismissal is issued, what order is issued, and what payments are made to the former employee.
Reasons for termination of employment by moving to another company
The procedure is fully described in Art. 77 shopping mall. In Art. 80 TC lists the calculations that must be made by the employer when terminating the contract with the employee. Dismissal by transfer to another organization can be carried out for various reasons:
- the employee independently wishes to change the place of work, for which he finds a new place for employment and receives the consent of the new manager for the transition;
- a citizen wants to get a job in another department of one company, which he notifies both the current head and the head of the selected unit of the enterprise;
- the head of another department invited a specialist working in a neighboring unit;
- the company plans to carry out restructuring, on the basis of which the department is closed or renamed;
- the head of a company independently suggests that a specialist transfer to his organization, which requires permission from the current director.
Therefore, the initiative can be shown not only by the employee himself, but also by the leaders of various organizations.
Types of transfers
Depending on the initiator of the process, dismissal by transfer to another job may be external or internal.
If an external transition is used, then dismissal is made in the order of transfer to another organization, where a citizen is accepted for a permanent position. The head of the new company must notify the current director of the employee in writing of his intention to employ him in his company. Such a notice should indicate the position proposed to the specialist.
The future employee receives a letter of guarantee from the new organization containing information on the date of conclusion of the new labor contract. For this, the need for working out at the old place for two weeks is taken into account. Additionally, this document indicates what position the specialist will occupy, as well as what size of his salary will be.
Internal transfer involves the appointment of a new position for an employee in one company. It is carried out exclusively with the consent of the citizen to the process, which is in writing. A new agreement is being formed by the personnel department on the basis of Art. 72 TC, in accordance with which some changes are made to the labor contract. The need for an internal transition may be due to various reasons, for example, the opening of a new branch, the closure of a unit or the relocation of an enterprise to another region.
The nuances of making an invitation
Each company leader is interested in the work of experienced, qualified and professional employees. Therefore, often there is a need to adopt specialists from other organizations. For this, a special invitation in writing is drawn up by the management of the enterprise.
Information must be entered in such a document:
- date when a specialist will be hired;
- proposed position for him at the enterprise;
- appointed salary;
- other information important to every specialist.
Typically, an invitation is enclosed with a sample contract that will be concluded between the two parties. This will assess the feasibility of dismissal by transfer for a specialist.
The question of such a transition will certainly be agreed with the current employer. Based on Art. 72 TC requires consent to the procedure on the part of the employee, so he is obliged to write a special statement. It is considered simple to compile. Below is its sample. Dismissal by transfer implies that, on the basis of such a statement, the current employer will send the consent to the procedure to the future manager in writing.
Transition process
Dismissal by transfer to another organization is considered a fairly simple process, for the implementation of which sequential actions are performed. These include the stages:
- the future employer forms a special invitation to work for the hired specialist;
- they additionally draw up a notice for the current employer of the employee;
- the process is agreed between the employee and the current employer;
- if the employee is satisfied with the proposed conditions, so he agrees to the transition, then he compiles an appropriate statement;
- based on Art. 84 of the Labor Code, the employer issues an order on the basis of which the employee is transferred;
- necessary information is entered into the work book;
- the necessary record is formed in the personal card of the employee of the enterprise;
- the accounting department of the company pays the due funds to the employee;
- on the day of the transfer, the citizen receives the required payments and the work book, and in addition he may require a certificate of income.
Dismissal by transfer to another organization is not considered a very complicated process, so the employer only needs to know what data is entered in the order and the work book of the hired specialist.
How to make a statement?
If the employee independently wishes to change the place of employment, then he must notify the current employer about this. Only in this case will dismissal be officially and competently effected by transfer to another organization. A sample statement is located below.
When filling it out, the following data must be entered:
- the recipient of the document submitted by the current employer of the specialist;
- personal data of a citizen provided by full name, passport data and TIN number;
- the direct essence of the request is presented, represented by the need to transfer to another company for permanent employment;
- at the end is the date of the application.
Be sure to sign the document by an employee of the enterprise. If the current employer agrees to the dismissal of the employee by transfer, then he signs this application. It is applied to the personal file of the specialist in the company.
Rules for the formation of the order
If the employer agrees that his employee should be transferred to another company to work, then he signs the application received, after which it is required to draw up an order. The order of dismissal in the order of transfer of the employee to another company must include information:
- name of the company in which the citizen works;
- number of this order;
- date of publication;
- the reason why it is required to terminate the labor agreement with the employee, represented by his transfer to another company;
- information about the employee;
- calculation data are provided;
- at the end the date of the formation of the order is indicated, as well as the signature of the head and seal of the organization.
The order is provided for familiarization with the transferred employee. He must study it carefully, after which he puts his signature on it. Dismissal by transfer without order will be deemed invalid. This document is registered in the journal of orders of the organization.
If it is planned to transfer an employee with financial responsibility, then a certificate is issued to him by the director confirming the absence of material claims from the employer.
What information is entered in the work book?
If a person wants to quickly change jobs, then it is important to use the dismissal of the transfer. An entry in the workbook is made by the former employer, for which the requirements of Art. 84 shopping mall. The reason for dismissal must coincide with the grounds specified in the previously issued order.
An example of filling out a work book is located below.
The following information is included in this document:
- order number, on the basis of which the employee is transferred;
- date of formation of the order;
- number of the record created in the document;
- reason for dismissal.
After working off, the employee receives not only payments, but also a work book. Dismissal by transfer will be legal if all actions are correctly performed by the employer.
What are employee benefits assigned?
Based on the provisions of Article 84 TC when transferring on the day when the contract between the employer and the employee is actually terminated, the employee is paid a salary for the time period worked. If he has unused vacation, then in addition he is awarded compensation for it.
In Art. 149 of the Labor Code contains information that if on the day of actual dismissal a specialist is absent from work, then in order to receive payments he will have to draw up a corresponding application in the future. If a citizen is on sick leave during the period of dismissal, then this period is paid by the current employer.
In Art. 236 of the Labor Code, it is indicated that if the employer, through his own fault, does not transfer the necessary payments to the employee, then the specialist may demand compensation. If compensation is not paid, then the employee may file a complaint with the labor inspectorate or court.
Is mining necessary?
Based on Art. 80 TC if the dismissal in connection with the transfer is carried out on the initiative of the specialist, then the employer may require him to work out for two weeks. During this time, the director of the enterprise can find a new specialist for the vacant seat.
Therefore, a transfer application must be submitted by the employee in advance, namely 14 days before the immediate termination of the employment agreement. If the transfer is carried out on the basis of an agreement of the parties or on the initiative of the employer, then the contract is terminated early, so no processing is required.
Is vacation maintained?
If the employee has unused vacation, then it is not saved, therefore compensation is assigned to the specialist. At a new place of work, a citizen will be able to count on a new vacation only after six months of work, which is indicated in Art. 122 shopping mall.
The exception is maternity leave or the transfer of a minor employee.
Implications for the former leader
There are no negative material consequences for the former manager if the dismissal is carried out by the transfer of any employee.
The only drawback of this process is the need to find a new specialist, and this is especially true when a truly experienced and qualified employee is transferred to another organization.
Pros and cons for the employee
The advantages of transferring to another company for an employee include guaranteed employment in another organization on more favorable terms.It does not require a specialist to pass a trial period.
The disadvantages include the fact that the vacation is not saved, and the conditions may in practice differ from the declared benefits.
If the head of the company, who offered the citizen employment in his company by transfer, refuses to formalize the relationship, he will be held administratively liable.
What to do when a new employer refuses to find a job?
In practice, there are cases when the head of the company, who invited the citizen to work, for various reasons refuses to conclude an employment contract with him. Under such conditions, the employee will have to make a statement to the labor inspectorate and the court. The complaint should be accompanied by an invitation to work previously received from the company.
If the court makes a positive decision for the plaintiff, he will oblige the director of the enterprise to draw up an employment contract with the citizen. He will be considered as a prisoner from the day following the day of dismissal from the previous place of employment.
Additionally, a negligent employer will be held administratively liable under Part 3 of Art. 5.27 of the Code of Administrative Offenses, therefore, the official will be forced to pay a fine of 10 to 20 thousand rubles, and a fine of 50 to 100 thousand rubles will be charged from the company itself.
Conclusion
The dismissal of an employee by transferring him to another organization is considered a specific process. To do this, there must be an invitation from another company, and the citizen himself correctly draws up a statement.
The former employer must issue an order and make the necessary entry in the employee’s work book. If the new employer refuses to draw up an employment contract, then he is held administratively liable.