How to issue an order? This document is one of the legal acts. It is published by the head of the enterprise, which is authorized to act unanimously. The questions according to which the order is issued relate to the most important aspects of the organization’s life. We are talking about its creation, liquidation or reorganization (both the enterprise itself and any of the structural units). And information on how to issue orders in an organization competently, not only from the point of view of office work, but also from the legal one, is extremely important. After all, a violation of the rules is fraught with litigation and other costs.
What is it for?
For any formal instructions from management, an order must be issued for the core business. The same is accompanied by the approval of a variety of instructions and provisions, internal rules, etc. Of course, one cannot do without them when resolving personnel issues, that is, those related to the reception, dismissal, or relocation of personnel.
With the help of orders, the leadership sets the main tasks and identifies ways to solve critical issues. The execution of the order is mandatory for all subordinates. This document may contain only provisions that are not contrary to law.
Orders on personnel relate to issues of official movements, the reception and dismissal of employees. For each case there is a unified form approved in the resolution of the Goskomstat of Russia No. 1 dated January 5, 2004. In our article you will find examples of how to issue orders (samples).
Features of the compilation
Any of the executed orders must be signed by the head, and the employee is provided with it for review under the signature. Those related to admission, dismissal and transfer are published, as a rule, in a single copy. In cases where, according to the internal regulatory documents of the enterprise, only originals are transferred to accounting, it is possible to issue an order in two copies.
The original (first copy) should be filed in the folder with orders on the personnel. Copy (second copy) - in a private matter. The third (original or copy) is intended for transmission to the accounting department. A certified copy may also be issued to the employee. This is usually done only on demand.
Failure to issue a duly certified copy to an employee is unlawful. The 14th chapter of the Labor Code of the Russian Federation prescribes keeping records of issued copies, information on which is given in an original copy (the place for this is the lower left corner or the turnover of the last of the sheets).
How to issue a job application
The admission order refers to the primary accounting documents. It simultaneously records the fact of hiring an employee and serves as the basis for calculating his salary. The provisions of the above resolution of the State Statistics Committee contain forms No. T-1 and T-1a as unified for this particular case.
How to issue an order for admission? Form T-1 is filled out when it comes to taking one person. In case of employment, groups of workers use the form number T-1a. The basis for drawing up an order for each of the persons accepted is an employment contract concluded with the employee . The content of the order should not contradict what is written in the contract.
Mandatory elements of its design are the personal data of the employee in the form of surname, name, patronymic. In addition, it is mandatory to indicate a personnel number, which can be reused only three years after the date of dismissal.
What should be in the order
The structural unit is indicated according to the name available in the staffing table. Of course, the position (profession, specialty) is certainly indicated. In the case of a trial period, this must be documented.
In addition, the order must necessarily indicate the salary (tariff rate), the conditions under which the employee is accepted, the nature of future work. It can be permanent, temporary (for example, in case of replacement of an absent employee). If we are talking about admission in the order of transfer from another place or in order to fulfill a specific volume, information about this must also be entered.
The date of entry to work is affixed in the order without fail. If the employment contract is concluded for an indefinite period, in the relevant details (date or period of work) the end of it is not indicated, or is formulated as "not defined".
The draft order is endorsed by the head of the personnel department and the management of the structural unit. You should know how to issue an order in the event that future work involves material liability, which can be team-based or collective. It is mandatory to see his lawyer (head of the relevant department) and accounting.
Application for admission
Recently, it is not one of the mandatory documents for the employment procedure. The company may practice receiving applications from applicants. In this case, a standard form is developed that exists as an appendix to the questionnaire or independently.
You can also write a statement in any form, observing certain rules. They relate mainly to the availability of the necessary standard set of details, namely:
1. Surname, name, patronymic of the head of the organization or enterprise in whose name the application is written.
2. Personal data (surname, name, patronymic) of the applicant with the address of the place of residence.
3. Names of the actual document (application).
4. Directly the text containing the name of the post, structural unit and the entire organization. The text should also stipulate (if any) special conditions for employment. We can talk about working part-time, for a certain time, for a part-time rate or a working day, etc.
5. Be sure to affix the date, signature and its decoding. After the sighting by the manager, the employee must be familiarized with the signature order within three days from the date of approval. Then the corresponding entry should be entered in the work book. This should be done no later than 5 days after the start of the actual labor activity.
Below we offer the reader a sample of how to issue an admission order.
About the transfer of employees
Such a phenomenon always takes place - in any organization. And, accordingly, you need to know how to issue an order for it. The reasons for the transfers are very different. As such, one can mention industrial need, career growth, the presence of any medical indications or family circumstances. In addition, transfers exist in connection with a change in the employee's place of residence or a change in the location of the enterprise itself.
The 72nd article of the Labor Code of the Russian Federation operates with two completely different in meaning terms - translation and movement. These procedures do not match and should not be confused. The main difference is the absence of the need for the consent of the transferred employee (which is necessary when transferring).
Part one of the same article classifies the transfer within one organization to a permanent, but at the same time, other work performed on the initiative of the employer as a change in the labor function. The same definition (changing the essential terms of the contract) covers the situation of transferring for permanent work to an outside organization or together with your company, but to another locality.
Required Details
All these actions are possible only with the written consent of the employee. Transfers can be (depending on the term) permanent (including within a specific enterprise). An example is a change of workshop, moving with an enterprise to another city or a new locality. This also includes transfers from one organization to another with a change of employer.
Another type of translation is temporary. If we classify this phenomenon by the place of action, then we can talk about an internal transfer (within the organization) or to another place of work with a change of employer and the conclusion of a new labor contract. In this case, you should know how to issue an internal order.
The initiator of the transfer can be both the employer and the employee himself. In addition, there is the concept of non-initiative translations, which are legally binding. In connection with this and many other subtleties, it is very important to clearly understand how to issue an order. In this case, the director has a considerable responsibility.
If the fact of the transfer is incorrectly executed, this procedure can be invalidated with a fine on the employer and the reinstatement of the employee in the same position. The shortsighted bosses will have to pay the damage (moral and material) and all legal costs.
The third part of the same 72nd article of the TC classifies as movement the employee’s movement within the same organization with a change of workplace or structural unit located in the same locality. This also includes cases of entrusting him with work on another unit, a mechanism with the preservation of the labor function and the conditions prescribed in the contract concluded upon acceptance.
About the importance of competent design
As already mentioned, the employee’s consent to the transfer is not required. From the legal point of view, it is most difficult to correctly arrange movement between various structural units located in the same locality. This is due to the absence in the labor legislation of a definition of the structural unit as such.
In addition, it is not always possible to clarify what relates to another locality. The current judicial practice considers the departments, shops and other divisions of the organization located in the same city separately from the main enterprise to be suitable for this definition. The branch does not recognize labor legislation as a structural unit. And here it is also important to know how to issue an order and which term to use.
In the case of sending an employee to carry out labor duties to the branch from the parent company (or vice versa), this action is considered as a transfer. Another locality is considered to be territory outside the administrative borders of the city (settlement). Practice shows that structural units very often turn out to be significantly remote from each other within the same city. And although from a formal point of view it is possible to talk about moving, it is nevertheless recommended that the change of place of activity in this case be made a translation.
How to make a transfer
All the formalities associated with it are not required to be observed in case of an advance indication in the concluded labor agreement of the condition according to which work at objects located in different places is not considered a transfer. In this case, you can send an employee to work in another city, observing a minimum of legal standards. This provision is actively applied for certain categories of employees, for example, for builders.
If the transfer initiative comes from the employer, he should take into account certain nuances before placing an order. The most important of them is the wording of the employee’s consent to the translation, which is given to them in writing. The meaning of the phrases “I agree with the translation” and “acquainted with the fact of translation” is completely different. After all, to acquaint an employee does not mean getting his consent.
It will be correct to write his own application for transfer or, alternatively, to draw up written consent on his own behalf. In extreme cases, the “agree to transfer” resolution is suitable under the text of the employer's written proposal.
The transfer order is required to be executed especially carefully. It should contain links to all available documents, the basis for such a step. It is especially important to check their availability before issuing a transfer order due to legal circumstances. For example, in connection with an existing medical report, a change in qualifications, or a discrepancy in the position held. The order must necessarily contain an indication of the minutes of the meetings of the certification commission, the availability and numbers of medical certificates, etc.
How to issue a dismissal order
In this case, the forms No. T-8 and T-8a are used (respectively, for one and several employees, as in the case of hiring). A similar order must contain employee, the name of the structural unit, position (profession) and, without fail, the grounds for dismissal.
In the line or column allotted for the last paragraph, the entry should be given in strict accordance with Article TC. If the employment contract is terminated on the employee’s own initiative, the link is to paragraph 3 of its 77th article. Otherwise, the basis is one of the relevant paragraphs of Article 81 of the Code.
In those cases when the dismissal occurs due to circumstances not related to the will of the parties, reference is made to one of the clauses of Article 83 of the Labor Code of the Russian Federation. The column or the line "document, number and date" contains a link to the document serving as the basis for dismissal with all its details. This can be a personal statement, or a number of other papers - from a medical report to the summons to the military registration and enlistment office or memo.
Before issuing a dismissal order, it is advisable to work it out together with a representative of the legal service, especially when it comes to the “guilty” article. Simultaneously with the order to terminate the employment contract, a note-calculation in the form of T-61 is prepared for transmission to the accounting department. According to it, extrabudgetary organizations calculate the salary due to the employee and other payments due upon termination of the employment contract.
The contents of the front of the note-calculation is identical to the order of dismissal. It is filled by an employee of the personnel department, after which the document goes to the accounting department, where it is calculated and filled out of its back part.
Below we offer a sample of how to properly issue a letter of resignation.
How to issue a vacation order
The right to it is enjoyed by all employees in enterprises of any form of ownership. This is a social guarantee of the state, which is enshrined in the relevant articles of the Labor Code of the Russian Federation. And they must know how to issue a vacation order in any personnel department, without exception.
The grounds for its provision are a vacation schedule or a statement of the employee. According to the TC, they are of three types:
1. Once a year, the main paid annual is provided. Its standard duration is 28 days.
2. Additional leave is granted to various categories of workers. We can talk about hazardous production, etc.
3. Holidays without maintenance, in which wages are not saved. Providing it occurs solely on the initiative of the employee, taking into account personal circumstances.
Sending an employee on vacation is possible only if the relevant document is completed. How to issue a vacation order? Composes its personnel service, and this happens in advance. Familiarization with the employee’s signature must be carried out at least 2 weeks before the start date. On the basis of the order, the appropriate note is made to the employee in the personal card and vacation payments are calculated.
This document, drawn up in a single copy, is stored for 5 years. It is one of the most important internal acts and should be drawn up in strict accordance with the law. It is usually made out using a special form, although from a legal point of view this is not necessary. The employer has the right to issue an order in any form.
In what form is it filled
The unified forms of such an order include No. T-6 and T-6a. The document consists of three main parts - the heading (with the required details of the enterprise and primary data), the content part and the execution. , , , .
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An appendix to such an order is a pre-arranged vacation schedule , which serves as the basis in this case. If we are talking about holidays that are not provided for by this schedule (for example, without preserving the content or student), the order must be accompanied by the appropriate statement of the employee.
In addition, a vacation order must be accompanied by a so-called note-calculation. Such a document is drawn up in accounting and is filled out in accordance with form No. T-60. The head of the enterprise or a person authorized specifically for this has the right to sign a vacation order.
In case of disagreement of the authorities, a negative resolution is possible. In addition, certain points reflected in the order can be adjusted, which should also be reflected in the visa of the manager.