Dismissal in the order of transfer in one organization. When you need a letter from a future job

You are faced with the task of transferring an employee to another entity, which is part of a group of companies? In this case, the procedure for dismissal through transfer will help you. How to carry out such a procedure will be described in this article.

From the article you will learn:

In what cases will you needdismissal by transfer

Structure of many modern companies is arranged in such a way that the company consists of several interdependent legal entities, each of which has its own name, OKVED code, is registered with the tax authority, and so on, but they all work under the same brand and are part of a group of companies.

And often in practice it becomes necessary to transfer an employee to a position or department that belongs to another legal entity. To arrange such a transfer, the employee must be fired and rehired. That is, a transfer to another organization without layoffs, is impossible.

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Also, the procedure for dismissal by transfer to another organization is possible between related company, but in practice this rarely happens.

The transfer of an employee to another company can be carried out:

Let us consider in more detail both cases of transition from one legal entity to another.

Question from practice.

Does the base spread layoffs by way of transfer to another organization on external partners?

The type of employment contract of an employee does not affect his rights, i.e. external part-timers have the same rights as essential workers, including the right to . The labor law does not restrict part-time workers in the right to choose the grounds for termination of the employment contract, therefore this category employees can be fired in the order of transfer to another organization.

How to issue a dismissal by transferat the initiative of employers

The initiative from employers may come in the following cases:

the companies are interdependent;

the companies are partners and the future employer is interested in the employee;

on other grounds.

Dismissal by transfer to another organization at the initiative of employers has the following procedure:

The future head of the company to which the employee is transferring sends a letter of request to the current employer where the employee works, requesting the transfer of the employee. The request indicates: the expected date of conclusion of the employment contract, the position and department that are offered to the employee. The form of such a request is shown in the figure. Full form documents can be downloaded .

The current employer, represented by the CEO, after receiving a letter of request, must discuss the proposal with the employee and agree on the possibility of transfer.

If the employee agrees to transfer to another employer, he writes a letter of resignation in connection with the transfer to another legal entity. A letter of request is attached to the application. This application is the consent of the employee to transfer to another company.

The application form can be downloaded .

After receiving an application from the employee, the current employer sends a confirmation letter to the company to which the employee is transferring (the confirmation form is shown in Figure 2).

Such dismissal is carried out in the general order:

an entry is made in the T-2 personal card, the employee's work book. The work book also makes a note about the transfer to another company;

on the last working day, the employee receives a work book and full payment.

Admission to a new employer is also drawn up in a general manner, but taking into account the following features:

Important! Upon dismissal in connection with the transfer to another employer, I am compensated for unused vacation paid to the employee in the general order.

Figure 1. Letter of request with a request to transfer an employee

Figure 2. Confirmation for an employee transfer request

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Note! By transfer, you can move both one employee and the whole department, workshop. The Labor Code of the Russian Federation does not contain restrictions on the number of dismissed workers. At the same time, the desire of a new leader to accept several employees can be expressed in one letter of request addressed to the current leader.

An example from practice.

Kraski LLC and Lak LLC are part of the Lux Kraski group of companies. The company's sales department was part of Kraski LLC. In connection with the production need, the company's management decided to change the structure of the companies and transfer the sales department from Kraski LLC to Lak LLC. In order to transfer all employees of the department, the head of Lak LLC issued a letter of request addressed to the general director of Kraski LLC. Based on this request, the employees of Kraski LLC were offered to transfer to another company.

How to transfer an employee to another employeron his initiative

The initiative to move to another company may come from the employee himself. If the employee himself asked for dismissal in the order of transfer to another organization, then the procedure is drawn up as follows:

The basis for starting the transition process is the application of the employee. The form of such an application is shown in Figure 3.

Based on this application, the current employer agrees with the company to which the employee wants to transfer, the possibility of his employment. Such agreement shall be made in writing.

The dismissal procedure is carried out in the general manner described above. Only in the notice of termination of the contract in
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An example from practice.

FinanceGroup LLC and EconomicsGroup LLC are partners. Ivanchenko D.S. works in LLC “FinanceGroup” as an account manager and one of the companies he manages is LLC “EconomicsGroup”. The management of EconomicsGroup LLC were very pleased with the work of Ivanchenko D.S., and offered Ivanchenko D.S. position of head of the sales department in the company EconomicsGroup LLC. With the proposal of Ivanchenko D.S. agreed and wrote a statement addressed to the General Director of FinansGroup LLC about. CEO FinansGroup LLC agreed to terminate the employment contract on this basis.

How to make an entry in the work bookdismissal due to transfer to another organization

When making an entry in the work book about layoffs On this basis, it states:

that the employee was transferred with consent;

that the employee was transferred upon request.

The transfer of an employee from one company to another refers to the general grounds for terminating an employment contract. And the clarification of the initiator of the transition in the work book does not have any legal consequences.

Important! Moving an employee from one employer to another is possible only with a tripartite agreement: the employee, the current and future employer.

In this article, we examined the dismissal in the order of transfer. This procedure has recently been used by employers not so often, but in certain cases it is relevant.

An employee at an enterprise may be fired as a result of a transfer to new job to another organization. This method dismissal has some features and benefits, which you can read about in the article below.

The dismissal of translations is regulated by clause 5 of article 77 of the Labor Code of the Russian Federation. The procedure for dismissal depends on whose initiative the transfer is being made.

Dismissal in connection with the transfer at the initiative of the employee

If an employee leaves for another organization on his own initiative, then it is necessary to receive an invitation to work from a new employer. Having secured an invitation, the employee writes a letter of resignation by translation and sends the documents to his current employer. The latter is considered the possibility of dismissal.

If he does not mind, then it is drawn up and the employee can be fired without the obligatory two-week working off.

If the employer does not want to part with the employee voluntarily, then the employee may quit on a general basis according to own will, writing an application and having worked for 2 weeks.

An important feature of dismissal by transfer is that the employee, having written an application, cannot withdraw it, in contrast to dismissal of his own free will, in which, throughout the entire period of working out, the employee can withdraw the application on any day and continue working.

In the work book, upon dismissal by transfer to another organization, an entry is made: “Dismissed in connection with the transfer at his request in the “Name of the organization”, paragraph 5 of Article 77 Labor Code Russian Federation".

Dismissal by transfer method - as comfortable as possible for an employee to change jobs. This method of transfer allows you to qualify for additional bonuses in a new place, compared with the usual dismissal and admission to another organization.

If we are talking about the host employer, then for him the consequences of such a decision are only that when he invited the employee, he will not be able to refuse it, the rest is a feature for the organization only in documenting the employee for work.

Transfer dismissal - termination of an employment contract employee with one employer and its immediate signing with another. For example, an employee, working at a permanent workplace, receives a better job offer in another organization.

In this situation, he can issue transfer from one organization to another. By and large, a worker leaves one organization and settles in another.

Dismissal by the method of transition to a new employer is external And internal.

Internal transfer- a transition within the enterprise, this is a situation where the employer is the same, only the position of the employee, the location of his workplace, etc. changes. This transfer is divided into permanent and temporary.

External transfer- transfer to another organization, it happens when an employee leaves one organization for another, provided that his employment in the new organization will be on a permanent basis.

In all of the above cases, the main an agreement with an employee.

It happens several types of dismissal of translation workers, their types depend on who is the initiator.

The employee himself found an enterprise in which he wants to work.

If the management of the new organization agrees to hire him, then they must send an invitation letter to his former place (addressed to the director of the company), which will confirm that they are ready to take the employee to themselves.

Such notification is sent by mail or personally to the current director of the company. If the manager agrees, then the employee writes a letter of resignation in the order of transfer, on the basis of which a dismissal order is issued, an entry is made in the work book, personal card and the employee is calculated. Prepared and received by an employee (labor and 2-personal income tax certificate for 2 years).

With this package of documents, the employee is sent to the next workplace.

The initiator is the director of the organization.

Sometimes a business needs urgently reduce the number of employees. Then the employer has the right to find a new place for the employee. Directors of organizations discuss all the details and request written consent from the employee. After that, a tripartite agreement is signed, indicating the position, salary, etc.

After that, the usual transition procedure takes place.

Regulations

The process of dismissal-transition is regulated by regulatory legal acts: clause 7 of Art. 77 of the Labor Code of the Russian Federation. This type of termination of the employment agreement is more difficult than the usual dismissal of one's own free will, and has more nuances. Therefore, it is extremely important to carefully approach the registration of documentation.

Internal transfer is regulated by Part 3 of Art. 72.1 of the Labor Code of the Russian Federation.

Features of the procedure and algorithm of actions

The terms of the transfer depend on which party is the initiator. For registration, such the documents:

• statement from the employee;
• letter of invitation from a new employer;
• a written agreement between the new and old employer (if the procedure is initiated by the employer).

The documents indicate the name of the new company, position, job responsibilities, division, salary and working conditions.

If the employee refuses to transfer, the employer has the right to dismiss him. In case of consent, then you need to draw up an application, and give written consent to the transition. What follows is the standard termination process.

Within the same organization

When the transition is made within the organization, the employee must give approval for this procedure.. Next, the organization issues a transfer order.
Important! Definitely need extra. an agreement between an employee and an employer.

The transition within the same company is not as straightforward as it seems. The fact is that this is legal, but in case of bad intent, as a result of such actions, the employee may be out of work. And it will be impossible to challenge it even in court.

To another company

Before dismissal of an employee by a transfer to a new employer, the manager must have grounds for this. If there is an invitation from the management of the new company, the current management may dismiss the translation employee.

When an employee has a desire to leave by transfer to another organization, and the current manager does not agree, then he can only leave of his own free will.

Important! When a dismissal occurs due to a transfer, then new organization must accept to employ the worker, or he will have the right to go to court.

The former manager may oblige the employee to work 2 weeks.

How to properly transfer an employee? Find the answer in this video.

How to write a letter

Usually this letter is sent due to prior oral agreement between the leadership of organizations. It contains:

• the name of another company;
• the next position of the employee (registered salary, working hours, etc.);
• Full name of the employee;
• date from which the employee is hired.

A letter of resignation by transfer, like any similar document, must have a termination date labor relations.

• a request to terminate employment agreements by transfer;
• the name of the employer;
• details of the letter of invitation.

Order, work book, personal card

An order to terminate an employment relationship with a further transfer to another employer is drawn up in the form T-8 or T-8a, with the obligatory indication of the reason (transfer to another employer) and a reference to paragraph 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation.

On the day of dismissal, the employee must familiarize himself with the order under the signature.

Upon dismissal with a further transfer, you need to register for an employee note-calculation, which will contain information about all payments that are due to him.

IN work book the item is written by analogy with the order. The number of the dismissal order, the name of the new employer, the date are indicated.

When making a dismissal, it is necessary to make a record of this in sectionXI employee's personal card. It is also necessary for the employee to sign a personal card.

Payments and compensation

Upon transition, the employee is entitled to regular set of payouts, the composition of which depends on the situation:

1. Compensation for unused vacation must be paid, if the employee has it.
2. Severance pay is not allowed, since dismissal occurs upon transfer to another organization.

Litigation and possible disputes

Most of the violations are caused by the difference between the employer's intentions and reality or violations of the employee's consent to the transfer.

For example, the employer obliged employees to write letters of resignation by transferring them to another enterprise, justifying this by the fact that the company had a reduction and the only option was to transfer. In reality, the new employer does not hire everyone.

As a result, the court established illegally dismissed employees, recognizing the dismissal as illegal.

Legal consequences in case of illegal dismissal

The legislation provides for the liability of the employer for the period of delay (through his fault) in the issuance of documents. The court appoints a person who is guilty of illegal dismissal or transfer of an employee, penalties that were incurred by the organization in connection with the payment of absenteeism or unpaid labor by the employee.

Employee Benefits:

1. There is no probationary period at the new workplace
2. Employment in the period of one month.

Disadvantage for the worker:

1. Leave is not saved.

Management Benefits:

1. With a reduction, it is necessary not to dismiss employees, but to transfer them.

Disadvantages for leadership:

1. Loosing employees.
2. The need to find new employees.

Nuances for some categories of workers

If a woman who is on leave for BiR or child care is dismissed, this can be done with the consent or at her initiative. In addition, labor law ban to transfer young workers to other enterprises for positions that are not related to their specialization.

Dismissal with the transition to a new employer has advantages and disadvantages both for the employee and the employer. The process itself is simple, but there are a lot of subtleties for its design, because very important consider this carefully.

In the first case, it takes place between different divisions of one company, in the second case, the employee is transferred to another organization.

The last type of translation raises the most questions and difficulties. That is why it is worth considering in more detail this procedure and the features of its implementation.

With a transfer to another organization, this is a type of dismissal in which an employee terminates an employment relationship with one company and transfers to the staff of another. Wherein labor contract terminated with the former employer, and re-concluded with the new one. Legal regulation and the possibility of carrying out this type of dismissal are provided for in paragraph 5 of Art. 77 of the Labor Code of the Russian Federation.

The need for this type of procedure can be caused by various reasons, for example:

• division of one company into several between different owners;
• the desire of the head of another company to lure a valuable staff;
• (for example, an employer may recommend an employee to a partner company);
• the employee's own desire to change jobs.

It is worth noting that this species layoffs is one of the most beneficial for the employee and has a number of advantages, namely:

• he is guaranteed to get a new job;
• is not installed during translation;
• the employee is not required to work for two weeks;
• is not interrupted.

If the initiative to dismiss comes from the employer, then the employee always has the right to refuse such an offer if the new conditions somehow do not suit him.

Conditions for the transfer of an employee

As already noted, when an employee is transferred to another company at the old place of work, he terminates the employment contract, and concludes a new one at the new one. Therefore, the conditions of his work may also change - no guarantees regarding the preservation of the previous size or labor duties are provided to the employee.

Since dismissal by transfer is a completely voluntary initiative of a subordinate, before starting this procedure, he can agree on all the nuances and conditions of work with a future employer.

Often, a transition to another company occurs only in cases where the new conditions are no worse or even better than the previous ones. To obtain additional guarantees, it is worth demanding a letter of inquiry from the new employer indicating the specific position to which the transition will be made.

The advantage is the fact that in the event of dismissal by transfer, the new manager does not have the right to refuse the employee further employment.

For such a violation, he will be liable under Art. 5.27 of the Code of Administrative Offenses, which consists both in the imposition of a fine of 30 to 50 thousand rubles, and in the temporary suspension of work for up to 90 days.

As for the annual, the transferred employee, as in general cases, will have the right to receive it only after working for six months in a new place. The right to the old vacation is not carried over to new company, the employee will be able to receive it only at the previous place of work.

Mandatory working out of two weeks, as in the case of, is also not provided for. All terms (both dismissal and subsequent employment) are agreed between managers and subordinates in advance, so this issue is resolved on a voluntary basis.

Dismissal procedure

In general, the procedure for this type of dismissal is not much different from other situations, however, there are some features associated with paperwork.

It is especially similar to dismissal of one's own free will.

The difference lies only in the entry that is made in, as well as in the inability of the employee to withdraw his application after it has been submitted. This type of dismissal can be carried out in such cases:

On the personal initiative of the employee

In this case, he must apply to the employer with a letter of resignation. This document is drawn up in free form, in the text it is only necessary to indicate:

• reason for dismissal (i.e. transfer to another organization);
• the name of the new employer.

Along with the application, the employee may also submit a written offer from the new employer. This condition is optional, but desirable for more correct design procedures.

With the written consent of the employee

In this case, the initiative to transfer may also come from the employer, but he must agree on this with the employee.

This is done using written proposal about translation, which is drawn up by the employer with the following data:

• Company name;
• location;
• new position;
• requirements for professional and qualification skills;
• suggested size wages etc.

That is, the proposal must include all important conditions labor relations that will be established between the subordinate and his new leader. If these conditions suit the employee and he agrees to the transfer, he can confirm his decision:

• directly in the offer made by the employer;
• on a separate document.

This option is most beneficial for both parties, since the subordinate receives guarantees of his future working conditions, and the employer receives documentary evidence of the employee's consent to the transfer.

At the written request of the new employer

In this case, the future leader draws up and sends a request letter to the former employer, which can be drawn up in a free written form.

In some cases, it may be necessary to carry out all these actions in the following sequence:

• a written request from a new employer;
• obtaining consent and application from the employee.

After agreeing on all these issues, the next step for the employer is compilation. Depending on how many employees are leaving - one or more - the following form can be used:

• T-8 - for one employee;
• T-8a - for several people.

The application also indicates on what basis the termination of the employment contract is carried out. The employee must be familiar with this order, which is confirmed by his signature.

In addition to the order, the corresponding section of the subordinate's personal card is also filled out.

At the same time, you need to make sure that his signatures are available next to all records of internal transfers (if any).

At the last stage, a work book is filled out. The record that is made in this case depends on the method of carrying out the translation procedure. For example, the wording might be:

1. : "dismissed in connection with the transfer at his request."
2. In the case of an agreement between the two companies: "dismissed due to transfer with the consent of the employee."

In both cases, this is followed by the name of the new employer, as well as legal basis dismissals (that is, clause 5 of article 77 of the Labor Code of the Russian Federation).

The employer will be obliged to issue a work book on the day of dismissal, as well as to do everything with the employee necessary calculations.

Settlement with an employee and necessary payments

Another obligation that arises from the employer on the day of dismissal employee - is to carry out all the calculations with him.

Their composition does not differ from the situation with dismissal of one's own free will and includes:

• wages for the period worked;
• compensation for vacation that was not used.

The last payment can be replaced by the vacation itself, however, its provision is entirely the initiative of the employer, he is not obliged to do this.

As for any other additional compensation, in this case it is not provided. Along with these payments, on the last day, the accounting department must issue a certificate to the employee on the amount of his salary for the last period, indicating the amount of accrued personal income tax and other deductions.

Obviously, when transferring to another organization, an employee receives certain advantages that distinguish this type of dismissal from others.

For proper conduct procedures will require participation and registration required documents from all parties of the process: the dismissed employee, as well as the current and future employer. At the same time, another employment contract is concluded at the new workplace, the terms of which may differ from the previous ones.

Labor legislation provides for such a form of personnel calculation as dismissal by transfer. Moreover, the procedure in this case is similar to that when an employee writes an application for settlement of his own free will.

The reason for dismissal may be the initiative of a potential employer or an employee's petition. However, regardless of the ease of translation, there are a number of features that must be taken into account by the parties to the employment agreement. Therefore, it becomes necessary to consider in more detail the procedure for dismissal by transfer to another organization, including possible advantages and cons for the former employee.

Features of the situation

As already mentioned, the law provides for the possibility of dismissal by transfer to another organization (Article 77 of the Labor Code of the Russian Federation). The calculation of the employee takes place on the general basis established by Article 80 of the Labor Code of the Russian Federation. The only difference is the mark in the work book. When transferring to another employer, a record is made in the labor document that the employee was dismissed by transfer.

In addition, if the employer approves the employee's transfer request, then the submitted resignation letter is no longer subject to withdrawal.

As practice shows, the transfer most often occurs on the basis of a written invitation from a new employer. The letter should indicate the date from which the potential employer is ready to accept the employee for a new job, as well as his position. Additional salary may be specified. A draft labor agreement is also attached to the invitation.

After receiving the invitation, the current employer must agree with the subordinate on the issue of a possible transfer. If the employee confirms the intention to pay, then he must write an application (Article 72.1 of the Labor Code of the Russian Federation). A written invitation must be attached to the application. Based on the employee's application, the employer must send a confirmation letter to the host organization. After that, the head of the transferring organization issues a dismissal order. If you look from the other side, then the calculation is actually carried out by agreement of the parties to the employment contract.

Legislation

Labor relations between an employee and an employer are governed by the provisions of the Labor Code of the Russian Federation. The forms of unified accounting documents are enshrined in the Decree of the State Statistics Committee dated 05.01.2004 No. 1. Filling out work books is based on the Decree of the Ministry of Labor dated 10.10.2003 No. 69. Disputes related to dismissal are considered within the framework of the Code of Civil Procedure.

Rationale for the need

The law does not oblige an employee to justify his decision to transfer to another organization. Therefore, when applying, it is enough to indicate common causes dismissal, for example, I ask you to make a calculation in connection with the transfer to work at Stroybud LLC.

If the dismissal occurs at the invitation of a new employer, then in the application you can indicate "I hereby confirm my consent to the transfer to another organization on the conditions offered to me."

In the case of an employer, the justification for the dismissal of an employee is mandatory. One of the main points in drawing up a dismissal order is a reference to who exactly initiated the transfer.

The procedure for dismissal by transfer to another organization

Earlier it was said that the calculation of the employee is carried out at his request. Termination of labor relations is carried out on the basis of a dismissal order (Article 84.1 of the Labor Code of the Russian Federation). The forms of accounting documents are fixed by the resolution of the State Statistics Committee. Since the dismissal occurs on a general basis, in this case it is necessary to use (form T-8). Usually training administrative documentation handled by the personnel department. Then the order is submitted for the signature of the director of the enterprise.

Regardless of the method of calculation, the employer is obliged, against receipt, to notify the employee of his dismissal.

If the parties to the employment agreement do not have any comments on the administrative document, then the next step is to fill out work book. Also, the employer must enter the necessary data in the employee's personal card (T-2 form).

After that, the accounting department of the enterprise is obliged to settle accounts with the former employee and issue him the following documents:

• certificate of accrued personal income tax;
• document on deductions to the relevant funds.

The day of dismissal is the date that was indicated in the order.

Statement

An employee's resignation letter must contain the following information:

• name of the addressee;
• Full name of the employee;
• document's name;
• essence of the statement;
• date, signature.

After the application is signed by the head of the organization, it is filed with the employee's personal file.

Order

The notice of dismissal of an employee must contain the following information:

• Name of the organization;
• name and order number;
• date of compilation;
• method of termination of the employment contract;
• surname, name, patronymic of the employee;
• position, personnel number;
• basis for calculation;
• displaying information about documents confirming the legality of the dismissal;
• date, signature of the director, seal of the organization.

At the bottom of the document is the column "Familiarized with the order." It fixes the notification of the employee about his dismissal.

As for the reasoned opinion of the trade union, this column is filled in only if there is such an association.

Based on the order, data is entered into the personal card and personal account of the dismissed employee. After that, the note-calculation is transferred to the accounting department. A copy of the order is also attached to this document.

It is also worth recalling the need. To do this, the company must develop a special journal of orders. According to the law, primary documentation must be drawn up taking into account the requirements of Article 9 of the Federal Law “On Accounting”. In addition, if the employer dismisses a financially responsible person, then a receipt must be attached to the order stating that there are no material claims.

Registration of a work book

Documents are drawn up in accordance with the requirements of the Labor legislation. When filling out a work book, the personnel department must necessarily refer to the relevant article of the law (Article 84.1 of the Labor Code of the Russian Federation). In addition, the reason for the calculation must be the same as that indicated in the dismissal order, for example, "Fired due to transfer."

It is mandatory to indicate the number and date of the order, according to which the employee is dismissed, as well as the date of filling out the work book (clause 5.1 of the Instruction). As for the record number, it indicates in the classical number sequence(9, 10, etc.).

Sample entry:

The entry made must be certified by the signature of the director of the organization and the person who is responsible for maintaining labor records. In this case, the employee must also put his signature under the above statements (paragraph 35 of the Government Decree of 16.04.2003 No. 225). After filling in all the required data executive affixes the seal of the enterprise. When filling labor document at the new workplace, the following mark is made “Accepted to the position of transfer”.

Payments and compensation

Upon dismissal, the employee is entitled to material compensation in the form of:

• wages for actual hours worked;
• compensation for the period of unused vacation.

By general rules settlement with a dismissed employee is made on the day of his dismissal (Article 84.1 of the Labor Code of the Russian Federation). If the employee was not at the workplace on that day, then the calculation is made no later than the next day after the application for payment of the amounts due to him (Article 140 of the Labor Code of the Russian Federation).

Separately, it is worth paying attention to the fact that if the dismissal of an employee occurs during his temporary disability, then the employer will additionally have to pay sick leave in accordance with the rules of Article 5 of the Law.

In case of violations labor law the employee can claim interest compensation in the amount of 1/300 of the rate of the Central Bank of the Russian Federation. Calculations are made on the basis of the untimely paid amount (Article 236 of the Labor Code of the Russian Federation). Lack of funds at the enterprise cannot be a reason for violating the terms of payment of material compensation. If the employer continues to violate the rights of the employee, the latter may file a complaint with the labor inspectorate or file statement of claim to court.

Working off

If the transfer to another organization is carried out on the basis of an application from the employee, the employer may require you to work for a two-week period. Similar calculation rules are established by Article 80 of the Labor Code of the Russian Federation.

This is due to the fact that the employee must notify the employer 2 weeks before the dismissal.

The purpose of the notification is the need to find a new employee to replace the dismissed one. At the same time, by agreement of the parties, early termination of the employment contract may occur.

Final procedures

When the transfer staff is dismissed, the final factor for the employer is the calculation and issuance of a work book to the employee. After that, the responsibility for further employment lies with the employee. If there are disputes about the amount of material compensation, the parties to labor relations may apply to the court.

Is vacation saved?

As already mentioned, upon dismissal, the employee is entitled to compensation for the period of unused vacation.

As a result, the law does not provide for the preservation of leave during the transfer.

This is due to the fact that the legislator equated the calculation of the transfer to the usual dismissal. Therefore, at a new workplace, an employee can receive leave no earlier than after 6 months (Article 122 of the Labor Code of the Russian Federation).

An exception may be:

• going on maternity leave;
• granting dismissal to persons under 18 years of age.
• vacation leave by employees who have adopted children under 3 months old.

Weighted decision

A transfer to another organization should be made only on the basis of a considered decision. To complete the picture, the employee needs to carefully study the employment agreement of the potential employer.

You can also try to familiarize yourself with the new workplace in order to have a general idea of ​​\u200b\u200bthe upcoming changes.

The decision to leave a proven enterprise should not be made under the influence of emotions.

Pros and cons for the employee

Dismissal by transfer has certain advantages for the employee.

This may include:

• job security;
• no trial period.

The employee is hired in accordance with the order (form No. 1). An employment agreement with a new employer is concluded taking into account the requirements of Article 64 of the Labor Code of the Russian Federation.

Therefore, the employee must contact the new employer to conclude an agreement no later than one month after the dismissal.

Refusal to conclude a labor agreement provides for bringing offenders to administrative responsibility (Article 5.27 of the Code of Administrative Offenses).

At the same time, the disadvantages of the transfer include non-preservation of wages. In other words, the new employer is not bound by any obligations and can offer a salary change. Also, the law does not provide for a transfer to another organization without dismissal.

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Consequences for the former employer

There are no material consequences for the employer to be dismissed due to a transfer. This type of termination of employment is only slightly different from the usual dismissal, for example, of one's own free will.

The only drawback in this case is the need to find a new employee, especially if a qualified specialist leaves.

As for the calculated employees, in this case the legislator, obviously, took care of protecting their legitimate interests.