Correct entry in the work book during official transfer

Content

• Features of dismissal in the order of transfer to another organization
• If the manager refuses to let the employee go
• Translation and processing
• Types of transfers
• Options for dismissal in order of transfer to another organization
• Step-by-step instructions for dismissal of a transfer initiated by an employee
• Dismissal of an employee by his consent (the initiative comes from the manager)
• Basic documents for registration of dismissal
• Compensation upon dismissal by transfer
• Leave on transfer
• Who can be dismissed by transfer?
• Advantages and disadvantages of dismissal
• Conclusion

Lawyer's answers to private questions

Is it possible to transfer to another position during the probationary period?

The probationary period is not an obstacle to both internal and external movement. Only the employer's consent is required.

How to determine the date of dismissal and date of employment when transferring to another employer?

The date of dismissal is determined by the parties and depends on whether work is assigned or not. The date of hire for a new job falls on the day following the day the contract is terminated. Both dates cannot coincide. If the employee turned to the new employer a few days after leaving the old place, the date of employment is determined by the employment contract.

Is it possible to dismiss a woman on maternity leave through transfer?

Yes, but with written consent or at her request. At the same time, the amount of benefits she receives will remain the same; no one has the right to reduce them.

How to reflect dismissal in the SZV-TD by way of transfer?

The SZV-TD contains almost the same information as in the work book. The wording used is similar.

What happens to your salary if you move to another, lower-paid position?

If an employee is transferred in accordance with a medical report, he will retain the average salary for his old position for the first month. If he was transferred due to an occupational injury or illness, the average salary is paid until he receives a disability group or until he recovers (Article 182 of the Labor Code of the Russian Federation).

Features of dismissal in the order of transfer to another organization

To better understand the depth of the issue, let's start with a definition.

Dismissal by transfer is the termination of an employee’s contract (employment contract) with one employer and its simultaneous conclusion with another employer.

For example, an employee occupies a permanent position in one organization, but he was offered a more profitable job at another enterprise. Then he can transfer from one place of work to another. In fact, the employee quits the old enterprise and gets a job at a new one.

But before dismissing a transfer employee, the manager must have certain reasons. This is a letter of invitation from a future employer to a present one. Subject to the employee's consent and written request, the current manager may dismiss the transfer employee.

The Labor Code does not prescribe a clear algorithm for the manager’s action in this case. Mention of transfer to another organization can be found in Article 77 of this document. Therefore, when preparing documents for dismissal due to transfer, reference is made to Article 77 of the Labor Code of the Russian Federation.

In fact, business managers do not receive much benefit from this process. The same cannot be said about the employees. In case of dismissal in this way, the state protects the rights of the citizen, thanks to which he receives 100% employment.

If the manager refuses to let the employee go

If an employee has expressed a desire to resign by transfer, but his employer is against this, then the employee has no choice but to leave of his own free will. In this case, the employee is left without protection before the new manager.

That is, if dismissal occurs due to transfer, then the receiving party must employ the employee within a month, otherwise he may go to court. By a court decision, they can either reinstate him to his previous place of work, or oblige the head of the receiving enterprise to hire this employee.

If the dismissal occurs at will, then there will be no one to file a claim with.

What to do if a new employer does not hire you

If you were fired from your old job, and the new manager is in no hurry to conclude an employment contract or even refuses to do so, such actions are illegal. The employee has the right to file a claim to declare the refusal to conclude a contract illegal. You should go to court at your place of residence or the address of the defendant.

Here you will need documents that are drawn up even before dismissal: a letter of request, a tripartite agreement. They must be presented to the court along with the statement of claim.

In court, you can demand that the defendant be obliged to conclude an agreement, as well as recover compensation for moral damage from him.

Types of transfers

Dismissal due to transfer can be external or internal.

Internal transfer (transfer within the company) is when the employer remains unchanged, but the employee’s position, place of work, etc. changes. Such a transfer can be either permanent or temporary.

External transfer (transfer to another company) – occurs when an employee moves from one employer to another. At the same time, at the new place of work they are required to hire him only for a permanent position.

In any case, the employee’s consent is a prerequisite for the transfer.

Transfer within one organization: step-by-step algorithm

If the employer initiates the transfer to another position, the employee’s consent will be required. But the latter himself can initiate the procedure by writing a statement.

Often, a transfer to another position in the same organization occurs at the suggestion of the manager with the consent of the employee. What it looks like step by step:

1. A written notice to the employee is drawn up, indicating the proposed position and other conditions.
2. The employee agrees to the transfer and draws up a written consent.
3. An additional agreement is drawn up to the employment contract, which specifies new conditions.
4. The manager draws up an order, and the employee is introduced to it upon signature.
5. An entry is made in the work book.

Full compensation for unused vacation is not paid in this case, because the employee is not actually fired. But you can partially compensate it if the duration of rest exceeds 28 calendar days. They will only pay for the part exceeding the established minimum.

Contents and sample notice

The notification must be drawn up and given to the employee who is offered the position for review.

What is stated in the document:

• Company name;
• manager data;
• to whom it is sent: full name, position;
• proposed vacancy: title, salary, allowances, other working conditions;
• employer's signature.

Sample notification

Consultation on document preparation

Contents and sample consent

Consent to the move can be expressed in a notice, but sometimes it is documented in a separate document.

What information does it contain:

• employer's name;
• employee data;
• the wording “with the proposed temporary/permanent (specify) transfer to the position of ____________ (specify the position and name of the structural unit) from ____________ (specify date) in accordance with Part 1 of Art. 72.1 of the Labor Code of the Russian Federation I agree. The reasons and conditions for the transfer were explained to me”;
• date of compilation, signature.

The head of the HR department or the employer puts his signature below.

Consultation on document preparation

Contents and sample order

An internal relocation order is drawn up in Form T-5 indicating the following information:

• about the organization;
• about the transferring employee;
• previous place of work;
• new place of work;
• basis – amendment to the employment contract or other document;
• date of dismissal;
• details of the employment contract;
• signatures of the parties.

Consultation on document preparation

Sample order

Consultation on document preparation

Registration of a work book

The paper book is filled out according to the general rules. In the “job information” column the wording “transferred to position (name)” is indicated. You will also need order details.

Sample entry in the labor record

Consultation on document preparation

Options for dismissal in order of transfer to another organization

There are several options for dismissing transfer employees. It all depends on who takes the initiative.

Option 1: The employee independently found an organization where he would like to work.

If the head of this organization is ready to hire an employee, then he writes a letter of invitation addressed to the current head, where he confirms that he is ready to hire his employee.

This written notice will be mailed or personally delivered to the incumbent. If he agrees with the transfer, 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, final payment is made, and documents are issued in person (work book and income certificate for 2 years).

With them, the employee goes to a new place of work, where he is hired.

Option 2: The initiative comes from the manager.

There are times when an organization urgently needs to reduce its workforce or fire some staff. In this case, the employer can independently find a new place of work for the employee. Managers discuss all the nuances and receive written consent to the transfer from the employee. A tripartite agreement is signed, which specifies the position, salary, working conditions, etc.

What follows is the standard translation procedure.

Each of these options has its own characteristics. Therefore, any manager needs to know and be able to fill out all the necessary documentation. Now we will analyze each translation option in detail so that you know all the intricacies of this procedure.

Change of labor obligations without changing department

Data on transfer to fill another vacant position in the previous structural unit must contain:

• serial number of the record itself;
• date of entry in the work book;
• entry “Transferred to position ___”, reason – paragraph of Article No. 72 of the Labor Code of the Russian Federation;
• registration data of the transfer order (number and date), seal (stamp) of the enterprise.

Step-by-step instructions for dismissal of a transfer initiated by an employee

1. The current employer receives a letter of invitation from an organization that is ready to hire his employee. It is drawn up in any form on the organization’s letterhead. It must indicate the position for which the employee is being hired and the approximate date of employment. Sometimes such a letter indicates the amount of the future salary, but this is not necessary.
2. An employee who wants to transfer writes a statement addressed to the head of the organization stating that he wants to resign due to the transfer.
3. After signing the application, a letter is sent to the organization that will employ the dismissed employee confirming the transfer. This item is optional, and the letter is drawn up for management’s consideration.
4. Next, the head of the enterprise creates an order, where it is necessary to indicate on whose initiative the transfer is being carried out “In the order of transfer at the request of the employee.” In addition, the order must make reference to clause 5, part 1, article 77 of the Labor Code of the Russian Federation.
5. After signing the order, it is registered in the Register of Orders for Personnel.
6. The order must be communicated to the employee in writing.
7. After this, in the employee’s personal card (T-2) on the fourth page, an entry is made about the employee’s dismissal, where a reference is also made to Art. 77 Labor Code of the Russian Federation. The employee must be familiar with all the records, after which he puts his signature on the card.
8. After this, a corresponding entry is made in the employee’s work book, according to the Instructions for filling out the work book. There are 2 recording options:

In addition, the work book indicates the number of the dismissal order and its date. The entry must be made without abbreviations, certified by the seal and signature of the manager.

1. On the last working day, the employee is paid by issuing a settlement note (form T-61). Thus, the employee receives compensation for vacation and wages for days worked.
2. After which the former employee is given a work book. An entry about this must be made in the Book of Accounting for the Movement of Labor Books, where the employee puts his signature.
3. In addition to the work book, a certificate of salary for 2 months is issued.
4. After this, the dismissed employee is obliged to find a new job within 1 month.
5. When registering at a new location, a note is made in all relevant documents that it has been accepted for transfer.

Legislative framework for correct maintenance of labor documentation

The Ministry of Labor and Social Development of the Russian Federation has prescribed clear instructions for filling out all fields in the work books of enterprise employees.

The Government of the Russian Federation has developed and approved Rules for their maintenance and storage. The Instructions and Rules must be strictly followed by the HR department of each employer.

All entries in labor documents (books) are made in accordance with the Labor Code of the Russian Federation.

Article 66 The Labor Code of the Russian Federation obliges the employer to create a work book for each employee if he has worked for him for more than 5 days, and this position is the main one. The exception is employers - individuals who do not conduct individual entrepreneurial activities.

See the full text of Article 66 of the Labor Code of the Russian Federation below:

Dismissal of an employee by his consent (the initiative comes from the manager)

This version of the transfer procedure is similar to the previous one, so we will not repeat ourselves, but will talk about the differences and features of the transfer on the initiative of the manager.

1. The heads of enterprises agree among themselves that one fires the employee, and the second hires. This can be confirmed by a letter of invitation (as in the first option).
2. After this, the employee himself must be familiarized with the upcoming transfer. He must be told in writing about the position he will hold, the working conditions, and the salary amount. If an employee does not agree to a transfer, then no one can force him to change his job.

If the employee agrees to the transfer, he can write “I agree to the transfer” on the written notice, adding a date and signature. A tripartite agreement is drawn up.

1. After which the receiving party receives a confirmation letter.
2. At an enterprise where an employee is fired, the manager issues a dismissal order, which states that the dismissal occurs with the consent of the employee. It is also necessary to refer to Article 77 of the Labor Code of the Russian Federation.
3. After which, appropriate entries are made in the work book and personal card, which also indicate that the dismissal is carried out with the consent of the employee . A sample record of dismissal in the order of transfer in the work book was discussed earlier in the first version.
4. All records and orders must be presented to the employee against his signature.
5. A settlement is made with the payment of all compensation, after which a work book and a certificate of income for 2 years are issued.

Also read: Dismissal of employment by agreement of the parties.

Features of the dismissal procedure

Translation can be internal or external. By internal we mean a temporary or permanent move to another position, and an additional agreement to the employment contract is drawn up about this. External one is always accompanied by termination of the contract with the old employer.

According to Art. 72.1 of the Labor Code of the Russian Federation, internal transfer is possible both at the request of the employee and at the suggestion of the employer with the written consent of the subordinate. But consent is not required if the employee is moved to work in the same area and the terms of the employment contract do not change.

What nuances are important to consider:

1. If the employment contract is not terminated, a transfer order is issued. For example, when a person remains in a company, but moves to another place.
2. If the contract is terminated during relocation, the manager issues a dismissal order.
3. A temporary transfer within one organization is issued for a period of up to one year. If an employee is transferred during the absence of another employee, he will remain in position until such employee leaves.
4. If an employee leaves for another company, the previous employer may insist on working for 14 calendar days. The warning period begins on the day following the date of submission of the application.

Conclusion: if an employee moves to another position with one employer and the employment contract is not terminated, a transfer is formalized. If he is employed by another organization, the contract is terminated and the employer formalizes his dismissal in the order of transfer.

Can they be transferred without the employee’s consent?

An internal temporary transfer for a period of up to one month is possible without the employee’s consent if this is required to prevent or eliminate the consequences of man-made or natural disasters; accidents, earthquakes, floods. In this case, dismissal is not formalized.

Dismissal of a pregnant employee through relocation is possible only with her written consent, provided that the proposed job is suitable for her medical reasons.

In the civil service

According to Art. 28 Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service...”, a state civil servant can be transferred to another position only with written consent. If movement is necessary for medical reasons, he is provided with a place corresponding to his qualifications and state of health.

In the absence of a suitable vacancy or refusal to move for medical reasons, the contract is terminated on the basis of clause 8, part 1 of Art. 33 Federal Law No. 79-FZ.

If job responsibilities change after the transition, this is not considered a transfer, and everything is formalized without the consent of the civil servant.

If an employee is on sick leave

It is prohibited to fire an employee only at the initiative of the employer. If an employee falls ill, but before that he himself wrote a letter of resignation or agreed to a transfer, there are no obstacles for the manager: he must complete the documents within the established time frame.

Dismissal of an entire department

Some people do not know whether it is possible to dismiss an entire department by transferring it to another organization. This usually happens during the reorganization of an enterprise, and terminating employment contracts with all employees at once is not prohibited. But there may be other options: for example, if the company is simply liquidated.

Dismissal is formalized in accordance with the general procedure. To simplify your work, it is better to issue one order for the whole staff in the T-8a form than to draw up an order for each employee in the T-8 form. It is also advisable to draw up a tripartite agreement, which will indicate new working conditions, payment, place and nature of work.

Elena Plokhuta

Lawyer, website author (Civil law, 7 years of experience)

Basic documents for registration of dismissal

All letters are written in any form. The application from the employee and the order from the manager must be drawn up in accordance with all the rules. Below we provide a table with which you can correctly draw up the necessary document.

Compensation upon dismissal by transfer

On the last working day, a full payment is made to the employee. Most often this is payment for his days worked and compensation for vacation.

Let's look at how compensation is calculated using an example.

Example: Let’s assume that an employee quits on June 30, 2016, but he did not go on vacation this year. If his annual leave is 24 days, then the company must pay him compensation for 12 days.

Arbitrage practice

Let's look at a few examples of decisions in cases of both challenging a transfer and declaring a refusal to hire illegal:

1. The plaintiff submitted an application to the employer to move to another position, but he was denied this. In court, he asked to declare the refusal illegal, to oblige the defendant to enter into an agreement, and to recover compensation for moral damage. By decision No. 2-715(1)2012 dated March 4, 2013, the claim was dismissed because the court did not identify circumstances indicating illegal actions of the defendant.
2. The plaintiff filed a lawsuit demanding that the transfer to another position be declared illegal and reinstated in her previous position. By decision No. 2-350/2018 2-350/2018 ~ M-261/2018 M-261/2018 dated May 10, 2018 in case No. 2-350/2018, the claims were rejected due to missing the deadline for filing a statement of claim.
3. In court, the plaintiff asked to cancel the order to move to another job and to recover compensation for moral damages from the defendant. By decision No. 2-1175/2016 of September 28, 2021, in case No. 2-1175/2016, the requirements were satisfied.

Who can be dismissed by transfer?

Any employee can be fired in this way if they have given their consent or taken the initiative on their own. Single mothers, mothers of many children, women on maternity leave, etc. fall into this category.

Also read: Is it possible to fire a pregnant woman and the procedure for dismissal during vacation.

Advantages and disadvantages of dismissal

We will consider all the positive and negative aspects of dismissal due to transfer in the table.

Employee guarantees

What does an employee who is transferred to another employer have the right to:

1. Concluding an employment contract within one month after dismissal. The new manager does not have the right to refuse him this (Article 64 of the Labor Code of the Russian Federation).
2. Reimbursement of expenses when moving to another area, if agreed with the manager. They can return the cost of tickets for all family members and compensate for the costs of settling in a new place (Article 169 of the Labor Code of the Russian Federation).

Now let’s talk about whether the vacation is still valid. According to Art. 140 of the Labor Code of the Russian Federation, the employer is obliged on the day of dismissal to pay compensation for unused rest days, as well as wages for the time worked. Consequently, accrued vacation days are not transferred to the new place of employment. The employee will be able to use them only six months after the move.

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