Transfer of an employee through dismissal in one organization. Features of compensation for an employee upon dismissal due to transfer to a third-party company. The nuances of transferring certain categories of workers: maternity leavers, young professionals, probationary workers

From this article you will learn:

• Under what conditions is dismissal by transfer possible?
• What are the pros and cons of dismissal by transfer to another organization for both parties?
• In what ways can you fire an employee by transfer?
• What is the procedure for dismissal by transfer to another organization at the initiative of the employee and at the initiative of the employer?
• How is dismissal formalized by transfer to another organization?
• Is the employee entitled to compensation upon dismissal by transfer?

All options for the employer-employee relationship are stipulated in the Labor Code Russian Federation. The transfer of a person from one place to another, both external and internal, is no exception.

Internal transfer: An employee is simply transferred from one department to another. Everything here is more or less clear. In the case of external translation, people often have questions. To be honest, many are confused by the wording “dismissal by transfer to another organization.” Therefore, we invite you to understand all the intricacies of the legislation. After all, knowing the specifics of the procedure, you will no longer be afraid to sign an order for dismissal by transfer to another organization.

What are the features of dismissal by transfer to another organization?

Transfer of an employee to another organization is provided for in Article 77 Labor Code Russian Federation. Moreover, the employer will be able to carry out the transfer only on the basis of the person’s written consent or on his initiative. The legislation does not provide for other reasons! Moreover, according to the Labor Code, if due to some circumstances the employer has changed, the form of ownership or subordination has changed ( full list reasons are listed in the Labor Code of the Russian Federation), a person has the right to resign.

Despite the similarity of the wording “dismissal due to at will” and “dismissal by transfer to another organization”, there is a significant difference between them. If in the first option you can change your mind and withdraw your application at any time, then you will not be able to withdraw your application for dismissal by transfer to another organization, even with all your desire. Moreover, the legal basis for the transfer of an employee should be not only this application, but also interest on the part of another company. The latter can be confirmed by an official request for a specific specialist.

Let's say one company receives a request from another for specific employees. If there is interest and such an invitation exists, managers enter into a written agreement stipulating the employee’s transfer. If the employee agrees and confirms this in writing, the mechanism is activated and the transfer begins.

Find out: how to get maximum results from your staff while spending a minimum of effort during training

Under what conditions is dismissal possible by transfer to another organization?

Dismissal by transfer to another organization is a voluntary process that involves conclusion employment contract with another employer. This means that the employee must take into account that working conditions and responsibilities, the size of the salary may change, and both better side, and for the worse. Therefore, all these subtleties must be clarified with the future employer “onshore”.

It is clear that any employee will agree to move to another organization only because of more favorable conditions. To be on the safe side, he has the right to demand guarantees from his future boss. They can be a letter of request, which indicates what position the specialist is invited to fill.

It is important that the law stipulates that the new employer does not have the right to refuse employment to the invited employee. If this norm is not observed, the enterprise may be fined from 30 to 50 thousand rubles, or its activities may be suspended for up to 90 days.

Annual paid leave upon dismissal by transfer to another organization is provided to a specialist as usual: after working at the enterprise for six months. If you have the right to vacation, you must take it off at your current enterprise. IN new company non-vacation days do not carry over.

The dates of dismissal and employment are agreed upon voluntarily and through negotiations. They are agreed upon in advance by employers and employees. In this regard, the legislation does not provide for work within a two-week period.

Dismissal by transfer to another organization: pros and cons

Dismissal of an employee by transfer to another organization guarantees a number of benefits for him.

• The employee will be employed no later than within a month. The maximum period for registering employment relations at a new location is one month. In case of refusal, the employer may be fined.
• Dismissal by transfer to another organization guarantees the absence of a probationary period.
• When agreeing on the timing of the transfer, it is quite possible to agree with the former boss so as not to work within a two-week period.

It is important to know that when leaving a job by transferring to another organization, a person does not have to justify his choice. Having decided to leave, he simply states in the statement: “I ask you to fire me due to a transfer to another company.”

Another significant advantage of dismissal by transfer to another organization is guaranteed employment at another enterprise, that is, the most preferable and safe method dismissals, especially when compared, for example, with voluntary dismissal. Even if a specialist has already found a new place for himself, no one can guarantee that he will be hired.

If we talk about shortcomings, then during a transfer there is only one, and legally it is considered insignificant: the new employer is not obliged to assign the employee a salary higher than it was. In other words, there is a chance that it will remain the same or even become lower. These subtleties need to be discussed in advance.

So, the pros and cons of dismissal by transfer for both parties are presented in the table.

Dismissal of an employee by transfer to another organization: two ways

Based on who initiates the dismissal of an employee by transfer to another organization, the methods of formalizing the procedure also differ.

Method 1. The employee independently found the organization where he would like to work.

An employer interested in a new specialist must write an invitation, confirming his readiness to accept the specialist. This letter, addressed to the director, is sent to the person’s current place of employment.

Does the current manager mind? The specialist draws up a letter of resignation through transfer. The director agrees and signs the order. The further algorithm is standard: entries in the labor and personal cards, calculations, issuance of labor and income certificates (deadline - two last year). With these papers, the specialist comes to the enterprise for the benefit of which he now has to work.

Method 2. The initiative comes from the leader.

As a rule, dismissal of an employee by transfer to another organization is resorted to in situations where the task is to reduce staffing levels. Some employers find positions for their subordinates in other enterprises and discuss the details with their managers. If the person is satisfied with everything, a tripartite agreement is concluded based on written consent, which stipulates the terms of employment.

What is the procedure for dismissal through transfer to another organization at the initiative of the employee?

Stage 1. The head of an enterprise that has expressed a desire to hire a specialist through a transfer draws up a letter addressed to his current employer. It is written on the company letterhead. The wording is arbitrary. As a rule, the position and desired date of transfer of the specialist are indicated. At the discretion of the author of the letter, it also contains the amount of the future salary.

Stage 2. The person initiating a change of place of activity writes a letter of resignation by transfer to another organization.

Stage 3. If the current employer signs it, a letter confirming consent is sent to the future employer.

Stage 4. The dismissal order, which is formed by the director, indicates the initiator (“In the order of transfer at the request of the employee”) and a reference to the legislative act (clause 5 of part 1 of Article 77 of the Labor Code of the Russian Federation).

Stage 5. An entry is made about the signed order in the registration journal.

Stage 6. The transferred employee is introduced to the order. He confirms the fact of familiarization in writing.

Stage 7. After review, the fact of dismissal by transfer to another organization is recorded in the personal card. Here, a reference to Article 77 of the Labor Code of the Russian Federation is required. The person confirms the fact of familiarization with a signature.

Stage 8. An entry is made in the work book of the transferred specialist.

Stage 9. The final payment of the specialist, taking into account payments for vacation days not taken off and payment for time worked, occurs on the day of dismissal (a calculation note of form T-61 is drawn up).

Stage 10. At the end of the last working day, a person is given a work permit. Confirming the fact of its receipt, he signs in the Accounting Book.

Stage 11. In addition to the work permit, the person is given a salary certificate (the certificate period is the last two months).

Stage 12. Within a month, the transferred specialist must begin work.

Stage 13. During employment it is specified: the person has been accepted by transfer.

What are the features of dismissal by transfer to another organization at the initiative of the employer?

The algorithm for dismissing an employee by transferring to another organization on the initiative of the employer differs little from the sequence of the previous stages. But there are still nuances.

1. The managers agree: one fires, and the second hires a specialist.
2. The person is informed in writing about the transition. He is informed about working conditions, position and future salary. If a person is not satisfied with the proposed parameters and refuses, they have no right to oblige him to process his transfer.
3. If a person agrees to the transfer, the official notice in his hand indicates that “I agree to the transfer.” At the end there is a date and signature.
4. After drawing up a tripartite agreement, the future employer is provided with confirmation.
5. The director puts his signature on the order for dismissal through transfer. It refers to Article 77 of the Labor Code of the Russian Federation and indicates that the person agrees.
6. The employment and personal card also indicates that the person agreed to be fired.
7. The employee confirms the fact of familiarization with the above documents with a personal signature.
8. The specialist receives work book and a certificate of income for the last two years. At the same time, calculations and compensation payments are made.

How to process dismissal by transfer to another organization

Dismissal of an employee by transfer to another organization occurs as standard. Therefore, when issuing an order, the T-8 form is used. The development of this kind of administrative documentation is the sphere of activity of the HR department. It is signed by the head of the enterprise.

The employer notifies the specialist of his dismissal. This is done against a receipt, regardless of the reason and method of payment.

If there are no disagreements between the parties, on the basis of the order, a work book and a person’s personal card (form T-2) are filled out. Afterwards, the accounting department makes a calculation for the former colleague and gives him a certificate of accrued personal income tax and a document informing him about the amount of contributions to the funds.

The date entered in the order is the day of termination of the employment relationship.

Let’s look at the specifics of filling out documents when processing an employee’s transfer.

1. Statement.

Application for dismissal by transfer to another organization - document. So the specialist asks the employer for consent to the transfer.

An application for dismissal by transfer consists of:

• hats. It indicates the position, name of the enterprise, last name, first name and patronymic of the director. Next comes information about the specialist drawing up the application: his position, last name, first name and patronymic;
• title – “Statement”;
• main text. When voicing a request for a transfer, you should definitely indicate why the person made such a decision. The announced date will be the specialist’s last day of work;
• The end of the application, where the date of drawing up the application is indicated, is signed.

The statement certified by the boss becomes part of the personal file.

1. Order.

An order to dismiss an employee by transfer to another organization consists of:

• company name;
• name and number of the order;
• dates of compilation;
• instructions on the method of terminating the employment relationship;
• surname, name, patronymic of the specialist;
• position, personnel number;
• basis for calculation;
• information about documents ensuring the legality of dismissal;
• dates, employer signature, company seal.

After all this, at the bottom there is a line “I have read the order.” Here the dismissed person signs, confirming that he was notified.

Information in the specialist’s personal card and personal account is entered on the basis of this order. Afterwards, the calculation note, to which a copy of the order is filed, ends up in the accounting department.

Registration of orders is a necessity that cannot be ignored. All primary documents must be taken into account and strictly comply with the provisions of Article 9 of the Federal Law “On Accounting”. By the way, when dismissing a person from financial liability A receipt is also drawn up confirming the absence of any material issues on the part of the authorities.

1. Registration of a work book.

When filling out the labor form, refer to Article 84.1 of the Labor Code of the Russian Federation. Important aspect: the reason for termination of the employment relationship must correspond to that stated in the order. For example, “Fired due to transfer.”

The employment record is certified by the employer and the person responsible for document flow. The dismissed person signs all the statements listed above (clause 35 of Government Resolution No. 225 dated April 16, 2003). After entering the data, you can stamp it. When filling out a work permit at a new enterprise, they must indicate that the specialist has been “hired for a transfer position.”

The Labor Code of the Russian Federation provides for a procedure for dismissing an employee by transferring to a third-party organization. There can be many reasons for such dismissal. The procedure itself is quite simple, but has a number of important features.

What should a laid-off employee know? What are the pros and cons of transferring to another organization?

Peculiarities

The procedure for paying employees of organizations upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure The transfer is carried out with a written invitation from a third-party organization. As Article 72 states, it is possible only on the basis of a written statement from the employee. After this, a corresponding order is issued.

Justification of the reasons for the transfer

According to current legislation, upon dismissal, employees are not required to provide the reason why they intend to transfer to another employer. Therefore, the application must indicate that the employee is leaving due to transfer. And if there is an invitation from a third-party organization, it must be indicated that the employee confirms his consent to the transfer.

In the order, the management of the organization must indicate the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.

Transfer procedure

Dismissal by way of transfer to another employer begins with the employee writing a statement. According to paragraph 1 of Article 84 of the Labor Code, after the application, an order is issued in the T-8 form, which is approved by the State Statistics Committee. Documents are usually prepared in the personnel department. After publication, the order is submitted to the director of the organization for signing. The employer is required to notify the dismissed person of the issuance of the order. After signing this document, if there are no comments to it, they begin filling out the work book. All necessary data is entered into the employee’s personal card. After this, the accounting department produces and issues 2-NDFL certificates and deductions to the Pension Fund of the Russian Federation and the Social Insurance Fund. The day of dismissal is the date specified in the order.

Dismissal by transfer: application

The application must include the following information:

• Full name of the employee;
• the name of this document and its essence;
• The current date;
• employee signature.

After the application is signed by the director of the organization, it is filed in the employee’s personal file.

Order

Dismissal due to transfer cannot be carried out without an order. It should contain:

• full name of the company;
• Name;
• publication date;
• description of the method of termination of the employment relationship;
• Full name of the person being dismissed, his position, number according to the report card;
• links to documents confirming the legality of dismissal;
• signature of the general director;
• company stamp.

At the end of the order there should be a column entitled “I have read the order,” where the employee confirms the notice of dismissal with his signature. The information is entered into the employee’s personal card on the basis of this document, and a copy of the order and a receipt confirming the absence of material claims against the employee from the company are also attached to it. The order must also be numbered.

Entry into the labor record: dismissal by transfer

The work book is drawn up in accordance with the requirements of the Labor Code. The entry must contain a reference to Article 84.1. The reason for dismissal, the date of issue and the number of the relevant order must also be stated. The entry must be certified by the signature of the general director of the enterprise or the person responsible for labor documentation. After the book is filled out, the organization's seal is affixed. But when applying for a new position, a note is made about acceptance of the position in connection with the transfer.

Are there any compensation provisions?

Dismissal by way of transfer to another employer involves making a full settlement with the previous one. This means that employees are entitled to compensation:

• for hours worked;
• for unused vacations.

In accordance with Article 84 of the Labor Code, the date of calculation is considered to be the day of dismissal. However, if at that moment the employee was absent from work, calculations are made no later than the day following the submission of the application for payments. If an employee quits while he is on sick leave, the employer is obliged to pay for this leave as well.

In case of late payment former employee All compensation, the employer is required by law to pay penalties on the unpaid amount. Even if the organization does not have funds, this is not a reason for violating payment deadlines. Otherwise, the dismissed employee has the right to go to court.

Working off

According to the Labor Code of the Russian Federation, when transferring to a third-party organization, the former employer has the right to require the dismissed employee to work for 2 weeks from the date of writing the application. In fact, this is not work off, since the employee notifies the employer of dismissal exactly 14 days in advance. This period is necessary to search for another employee for a vacant position. However, by agreement with management, an employee can resign earlier.

What about vacation?

As mentioned above, dismissed employees are paid compensation for unused days vacation. However, the law does not provide for its preservation during translation. This rule applies in general cases. Thus, an employee will be able to take vacation at a new enterprise only after 6 months of work (Article 122). The transfer can also be carried out while maintaining leave under the following circumstances:

• going on maternity leave;
• the person being dismissed is a minor;
• the dismissed person adopted a child under 3 months old.

Consequences for the employee

Dismissal by transfer to another employer has some advantages, which include:

• guaranteed employment;
• no need to go through

In accordance with the requirements of Article 64, an agreement is concluded with the new organization. In this regard, the employee should apply to the new enterprise for a conclusion no later than 1 month from the date of settlement. If a person refuses to enter into a new agreement, he faces administrative liability.

Significant disadvantages include failure to maintain previous earnings. After all, the third-party organization is in no way connected with the previous one. In addition, the law does not provide for transfer without dismissal.

Consequences for the employer

At its core, this procedure does not have negative consequences for the organization. This method of termination labor agreement not much different from the familiar standard dismissal procedure. As a disadvantage, however, one can highlight the need to find another employee, especially when the person being dismissed is a qualified specialist.

Nuances

Now let's look at special cases of dismissal during transfer.

If a woman who is on maternity or child care leave is dismissed, the procedure can only be carried out with her consent or on the initiative coming from her.

Establishes the impossibility of transferring young specialists to third-party organizations for positions that are in no way related to the specialization received. An employee can lose this status only because of his actions, and this is fraught with the loss of entitlement benefits and compensation. But loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.

Dismissal through transfer to another employer is a simple and intuitive process. The basis for its registration is the employee’s application. After this, an order is issued and signed by the manager. The employee must be notified of this. After this, the accounting department of the enterprise makes the final calculation: the employee is paid all due compensation for vacation and days worked. If payments are not made on time, the employee has the right to sue the organization. The process is essentially no different from ordinary dismissal. However, employers make a corresponding entry in the work book. For the employer, dismissal does not have any negative consequences. But for the employee this threatens a decrease in earnings and loss of time.

Professional relations between employer and subordinate, regulated labor legislation RF, may be terminated different ways. One of them is dismissal by transferring an employee to another company. The employer and subordinate are advised to familiarize themselves in detail with the rules and procedure for the process of such dismissal in order to avoid documentary confusion and possible conflict situations.

Features of the dismissal procedure by transfer to another organization

In Art. 72 of the Labor Code of the Russian Federation establishes a provision on the employer’s right to dismiss an employee by transferring him to a new place only if there is a written agreement of the subject or upon an application submitted by him.

The direct process of transferring a subject to another organization is regulated by Art. 77 Labor Code of the Russian Federation.

Art. 80 of the Labor Code of the Russian Federation regulates the procedure for calculating payments to an employee during the dismissal procedure by transfer to a third-party company.

Also, in the event of a change in the director of the company, form of ownership and other positions enshrined in the Labor Code of the Russian Federation, the subordinate has the right to draw up a letter of resignation.

There is often confusion among subordinates and employers regarding the difference between the concepts of dismissal “at one’s own request” and “by means of transfer to a third-party company.” There are significant differences between them.

Thus, when submitting an application on personal initiative, the subject can withdraw the document at any time before immediate dismissal. At the same time, if there is a subordinate’s agreement with dismissal through transfer to another company or his application for this, the withdrawal is unlawful. This is due to the fact that when a subject is transferred to a third-party firm, its management is considered interested in a particular professional. This interest is confirmed by a written request indicating the name of the required specialist.

Thus, dismissal by transfer is the termination of the employment agreement of a particular employee with the current employer and the simultaneous execution of a new agreement with the new manager.

Conditions for dismissal in the order of transfer to another organization

This procedure is voluntary. It involves drawing up an agreement with a new employer. The subject must be aware of all terms and conditions that may change due to his transfer. These may include salary amounts, working conditions, list of responsibilities, etc.

A new employer does not have the right to refuse the employment process if a request for a specific subject was previously sent on behalf of the company. If a new employer refuses to employ a citizen after a request for one, the enterprise will be held accountable. The fine will range from 30,000 to 50,000 rubles. Also government bodies may suspend production for up to 90 days.

The transferred employee, like any other employee, is entitled to annual leave. If 6 months have not passed before the date of transfer from the moment the subject was employed at the current enterprise, leave will not be granted. If an employee has unused rest days, they are not taken into account when transferring to another workplace.

The dates of the last working day in the old position and the first in the new are discussed and agreed upon in advance.

In this regard, the legislator does not provide for a two-week period of work, as with a standard dismissal.

Ways to dismiss an employee by transferring him to another organization

Methods for such dismissal vary depending on the initiator of the transfer:

Pros and cons of dismissal by transfer to another organization

Dismissing a subject in this manner implies some benefits for him:

• he will be employed in the new work collective within one month from the date of dismissal. This period for drawing up a new employment agreement is the maximum;
• When transferring to a third-party company, there is no probationary period and, therefore, there is no need to work for two weeks.

If a subordinate decides to resign from his position in organization A in favor of company B, he has the right not to justify his choice and not to indicate the reasons for his action anywhere.

For the employer, the main advantage of such dismissal of employees is the absence of the need to pay severance pay, which significantly saves the enterprise money, especially if mass reduction state.

To the disadvantages this method it is customary to refer to:

• the employee’s inability to withdraw his resignation letter;
• awareness of the issues of dismissal by transfer, since if there are violations, organizations can impose a fine and suspend the work process for up to 3 months.

The procedure for dismissing an employee by transferring to another organization

Dismissal by decision of an employee through transfer to a third-party company involves the following steps:

If the initiator of dismissal is the employer, the stages are largely similar. However, there are some differences:

1. Two managers negotiate the conditions for transferring an employee from one enterprise to another.
2. A written notification is drawn up to the subject of the employer's intention to transfer him. The employee is also informed about the amount of salary, job responsibilities and working conditions.

If an employee does not agree with the proposed conditions, employers have no right to force him to transfer.

1. If the employee has no complaints, he confirms his consent in writing. This is done by marking “I agree with the transfer” on the notice sheet. The subject also enters the date and visa.
2. A tripartite transfer agreement is drawn up.
3. The manager of the current organization issues an order to dismiss a specific employee, referring to clause 5, part 1, art. 77 of the Labor Code of the Russian Federation, noting that the employee has no complaints.
4. The work book and personal card must also indicate that “the employee agrees” and his signature.
5. Upon completion of the dismissal process, the employee receives his documents, compensation and a certificate from the accounting department about his salary for the previous two years.

Features of compensation for an employee upon dismissal due to transfer to a third-party company

Compensation payments due to the employee who resigns by transfer to another company are divided into:

1. Salary for days worked.
2. Payments for unused vacation days. If the initiator of dismissal is the employer, instead of this payment, the employee may be granted leave itself.

When an employee is transferred to another company, severance pay and other compensation payments are not provided.

When providing payments to an entity, the accounting department employee also issues a certificate that records the amount of the salary, taking into account legislative deductions (UST, personal income tax).

All calculations upon the employee’s departure are made on the last working day. If the citizen is not present at work that day, the calculation is carried out after the subject submits an application requesting payment. All necessary funds must be paid to the employee no later than the day following the date of the application.

If the subject is on sick leave, the costs of temporary disability are covered by the current employer.

If the employee receives payments later deadline or to a lesser extent, he has the right to expect compensation. It is 1/300 of the Central Bank rate. Interest will be calculated in proportion to the undisbursed amount. At the same time, the absence of the required money in the company’s account does not constitute good reason for violating the procedure for paying “severance pay”.

Nuances of the procedure for dismissing an employee through transfer to a third-party organization

The main nuances of the dismissal procedure by transfer include the procedure for labor relations with certain categories of employees:

1. Women on leave to care for a minor child. If during this period a decision is made to liquidate the enterprise (only this method of dismissal is legal when labor relations with young mothers), they may be offered a transfer to another organization. If the woman has no complaints or initiates the transfer, the dismissal proceeds according to the general procedure.
2. Young professionals. The Labor Code of the Russian Federation fixes a ban on the transfer of young specialists to jobs that do not correspond to the profession they received. If new position corresponds to the education received, the translation is legal.
3. Subjects undergoing a probationary period. If such an employee does not oppose the transfer, dismissal with further employment occurs according to the above algorithm.

Thus, dismissal by transfer to another enterprise is a more complicated option for terminating the employment relationship with an employee. It has a number of advantages for the employee and the employer.

Dismissal by way of transfer to another organization can be formalized when there is agreement:

• director of the company in which the citizen is invited to work;
• invited employee;
• employer from the previous place of work.

In this case, it is possible to terminate the employment contract at the previous place of work. Transfer to another organization without dismissal is not permitted.

How is an invitation from a company issued?

It is no secret that the managers of many companies are looking closely at the employees of competing companies or their business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization. They are often ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal due to transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is against him leaving his company, the invited employee can leave it on his own initiative.

Letter of dismissal by transfer, sample

Dismissal by way of transfer can only be made with the consent of the employee. Therefore, he must document his positive response to the transfer in writing. The wording “I agree to the transfer” is indicated on the invitation from another employer. After receiving the document, the director issues an order to terminate the contract.

How is an application made?

Dismissal by transfer to another organization may become good option for an employee who has decided to leave the company and has already found a new job. Dismissal due to transfer is a guarantee that within a month from the date of departure the new employer will sign a contract with him. Another advantage can be considered the absence of a mandatory two-week work period (by agreement of employers) and the absence of a probationary period at a new place of work. A citizen can ask the head of the company where he wants to find a job to send a request to his current employer. He must also write a letter of resignation in the order of transfer, a sample in front of you:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with the specified employee for employment in his company.

Issuing a transfer order

The manager issues a dismissal order drawn up in Form No. T-8. The following documents are indicated as the basis for leaving:

• invitation to a future employer;
• consent of the current employer;
• statement or consent of the worker.

The person leaving is introduced to the order and signed. On the day of leaving, the payment is transferred to him and he is returned about the termination of the contract.

How to formulate a contract termination note?

The information is entered into the personal card and work book on the last working day. The wording may be as follows: “Dismissed due to transfer at the request of the employee (or with the consent) to (name of enterprise), paragraph 5 of Article 77 of the Labor Code of the Russian Federation.” Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees a citizen employment. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. Documents guaranteeing employment in new organization, serve as an invitation to transfer and the consent of the citizen. If the employer decides to refuse employment to the invited employee, he can file a complaint with the labor inspectorate or sue him in court. If the court decides in favor of the plaintiff, it will oblige the new employer to sign a contract with him from the day following the day he left his previous job.

The legislation also provides for administrative liability for such violations. According to Part 3 of Art. 5.27 of the Administrative Code, a fine of 10 to 20 thousand rubles may be imposed. per official, from 50 to 100 thousand rubles. to the organization.