Hiring by transfer from another organization: application, order in 2022

Legislation

In accordance with Art. 72.1 of the Labor Code of the Russian Federation, transfer should be understood as a temporary or permanent change in a person’s work activity. The translation itself is divided into two types:

It is prohibited to transfer to a position for which a citizen has medical contraindications, even if his qualifications and experience fully meet all the requirements.

How to transfer from one organization to another: an algorithm for employees

The basis for the transfer is the receipt by the employer of a corresponding application from the employee. What the latter needs to do:

1. Find out the availability of vacant positions in the company of interest, have an interview with the manager, agree with him on hiring by way of transfer, receive a letter requesting the transfer of the employee indicating a specific date.
2. Visit your current boss and apply for a transfer. The mandatory two-week work period is canceled in this case, because the employer must be guided by the date indicated in the letter from the receiving party.
3. On the last day of work, receive your salary and compensation for unused vacation (if applicable), pick up your work book from the HR department.
4. On the appointed day, report to your new place of work to draw up an employment agreement.

Pros of translation

In case of transfer, the employee receives advantages over the usual termination of the contract and placement in a new place:

• the current employer cannot require 2 weeks of work;
• a new contract can be concluded the next day after dismissal;
• a probationary period is not established when transferring to another organization;
• the costs of moving and transporting property must be paid by the future employer;
• Refusal to hire a person by way of transfer is subject to administrative penalties and the obligation to conclude the promised contract.

On the part of the employee, the law requires compliance with one condition - not to violate the legal term of employment.

Features of transfer at the initiative of the employer

The initiator can be not only the employee, but also his manager. Most often this happens due to staff reduction or by agreement with the director of another enterprise who wants to transfer a good specialist to his team. The procedure is performed like this:

1. One director sends a written proposal to the other, then a transfer agreement is concluded.
2. They offer the employee of interest to transfer to another company and obtain written consent from him.
3. The former employer issues an order, makes a full payment and issues all documents to the employee.
4. From the appointed date, an employment contract is concluded with the new manager.

For greater clarity, consider a detailed example:

Spectra LLC and Vega LLC are partner organizations. The head of Vega LLC noticed a partner with an employee suitable for a vacant position available at his company, and informed him about it. The employee was first given an oral offer, then all documents (agreement between employers, proposal for transfer, consent from the transferring citizen) were drawn up in writing.

The day before the start date for another position, the employee was fired. He was given a work book, paid a salary for the time worked, and all compensation due. The next day he began his duties in the new organization. Read also the article ⇒ Employment contract with part-time worker 2022.

Probation

It was stated above that an employee who changes his place of work by transfer enjoys additional guarantees:

• An employer who has given consent to employment is obliged to hire an employee for a vacant position within a month from the date of termination of the previous employment relationship;
• Transportation of an employee's belongings from one workplace to another is carried out at the expense of the receiving party;
• A new employer does not have the right to impose a probationary period on an employee in a new position, regardless of whether it is similar to the one previously occupied or not.

How to transfer to work: step-by-step instructions

An employer who has received an application from an employee or an offer of transfer from the head of another enterprise must do the following:

1. Request the employee's written consent if he is not the initiator. You will also need a letter of request from the head of the organization where the transfer is planned.
2. Draw up an order for transfer to another employer.
3. Pay the employee in full, issue him a salary certificate and work book.

Particular attention should be paid to drafting the order. It must contain the following information:

• FULL NAME. and the position of the employee;
• where the employee is transferred;
• date of dismissal;
• basis: statement from a subordinate and a letter from another employer;
• the law on the basis of which the employment contract is terminated: clause 5, part 1, art. 77 Labor Code of the Russian Federation;
• date of drawing up the order, signature of the manager and subordinate transferring to another organization.

The letter of request includes a request to transfer an employee to a specific company, indicating the exact date, information of the manager, and the name of the organization at the current place of work.

Application sample

Order for employment

Order of dismissal

Features of translation for a new manager

Having decided to transfer an employee from a third-party organization to his department, the manager needs to know the following nuances:

• You cannot refuse employment within one month after a written invitation to work (Article 64 of the Labor Code of the Russian Federation).
• Hiring is carried out only with the consent of the previous employer and is formalized in the general manner; a regular order is issued, a work book is filled out, and the employee is given a job description for review.
• It is not allowed to establish a probationary period for persons invited to work through a transfer (Article 70 of the Labor Code of the Russian Federation).
• Even if the employee underwent a medical examination at the previous employer, if necessary, he must undergo it at the new one, incl. and with a valid medical certificate of professional suitability.

“All citizens applying for positions with difficult, harmful or dangerous working conditions, as well as positions in public catering establishments, must undergo a medical examination,” says the expert and head of the department of labor law at the State University - Higher School of Economics of the Russian Federation in comments to the Labor Code of the Russian Federation. .P. Orlovsky.

Translation processing

The procedure for hiring by transfer depends on whose initiative it occurs.

At the initiative of the employee

Before applying for dismissal due to transfer, the employee must agree with the new employer to write to the current employer.

The future manager must send a written request for permission to dismiss the specialist with a transfer to his company.

The response with consent or refusal must be in writing.

After receiving a positive response, an application for settlement is submitted indicating the date of termination of the contractual relationship.

The application indicates that the employee is asking to be dismissed (a link is given to the article of the Labor Code) in order to be transferred to ... (company name)

When transferring, the law does not require you to apply for a job, but this can happen at a new place of employment.

The job application form must indicate “I am asking to hire ... (by whom) for transfer.”

The admission documents are identical to the normal procedure.

At the initiative of the employer

Transfer at the initiative of the employer is also carried out in stages and for this it is necessary to take the following steps:

1. contact the management of the organization where the specialist works;
2. obtain consent for the translation;
3. draw up a dismissal order for this reason;
4. draw up an order for admission to a new place.

The future manager must write a letter to the current manager with a request and proposal about the possibility of transferring a specific employee.

With mutual consent of the employers, a positive response from the employee is required.

The new employer sends him an offer to take a position at his company by way of transfer.

If the employee refuses, the current contract remains in force. If consent is given in writing, an order to terminate the contract is issued.

In the order of dismissal due to a change of job, the justification is 5 documents:

• letter (appeal) to the current employer;
• letter (response) to the new employer;
• letter offering a new position to an employee;
• employee's response (consent);
• application for settlement of transfer.

After the order is issued, the standard dismissal procedure follows:

• entering information into the work book and personal card;
• final settlement (debt of wages, compensation for unused vacation);
• issuance of a work book, a copy of the order, certificates for the transfer of taxes and social security contributions.

The dismissed employee must report to the new place within a month and sign a contract.

The employment contract for transfer has a standard form with the exception of the “header”, where references are made to the invitation (number, date), agreement (number, date).

After the contract is drawn up, a hiring order is issued.

Is it possible to transfer unused vacation during a transfer?

According to Art. 127 of the Labor Code of the Russian Federation, when dismissing an employee in connection with a transfer to another company, the former employer must act as follows if the subordinate has unused vacation:

• Pay monetary compensation.
• Provide leave followed by dismissal if the terms of the transfer agreement allow it.

In the latter case, it is necessary to be guided by the date on which the employee must begin performing new duties. While a citizen is on vacation, he is registered in the previous organization and cannot be accepted into another.

How to fill out a work book when transferring?

The work book is prepared in the following columns:

Most common mistakes

Mistake #1. For translation, an oral agreement between all parties – two employers and an employee – is sufficient.

No, all documents must be properly executed, otherwise dismissal under clause 5, part 1 of Art. 77 of the Labor Code of the Russian Federation is impossible, because there will be no corresponding basis.

Mistake #2. If the employee has an unexpired medical report, he can provide it at his new place of work.

No, because the conclusion indicates the specific organization for which the citizen is undergoing a medical examination.

Rating of frequently asked questions

Question No. 1. Is it necessary to indicate in the transfer request the specific date from which the employee is planned to be employed in the new organization?

Yes, this must be done so that the current employer can complete the dismissal procedure on time.

Question No. 2. What to do if an employer refuses to dismiss an employee by way of transfer?

According to the law, the manager has every right to refuse to transfer an employee, but he can resign of his own free will. In this case, he will have to work for 2 weeks, and only after that he will be able to get a new job.

What to do in case of refusal?

An employer does not have the right to refuse to hire a specialist who has received an invitation from him and, in connection with this, has terminated his employment relationship at his previous place of work.

This point is regulated by Article 64 part 3 of the Labor Code of the Russian Federation .

The new contract must have a conclusion date following the dismissal, unless a different date is provided. At the same time, the law limits the applicant’s right to the period during which he must find employment in a new place.

If, 30 days after dismissal, the invited employee has not applied to conclude a contract, then he loses the right to unconditional admission to the promised workplace. The future employer has the right to refuse him this.

Refusal to accept a transfer employee upon timely application is punishable in accordance with the Code of Administrative Offenses (CAO), in accordance with Article 27, paragraph 5 .

Violation of labor legislation is subject to a fine of 5,000 to 30,000 rubles . Sanctions can be imposed on both an official and a legal entity.

An employee who resigned by transfer and was refused employment must contact the labor inspectorate or court.

The decision of the judicial authorities will oblige the company to fulfill its obligations regarding employment and enter into an open-ended contract with the invited specialist.