The Labor Code of the Russian Federation provides for the procedure for dismissing an employee by transferring to a third-party organization. The reasons for this dismissal may be many. The procedure itself is quite simple, but has a number of important features.
What should a fired worker know? What are the pros and cons of a transfer to another organization?
Features
The procedure for calculating employees of organizations upon dismissal is established in the Labor Code (article 80). Transfer to another organization as part of the dismissal procedure is provided for in Article 77 of the Labor Code of the Russian Federation. Registration of the transfer is subject to a written invitation from a third-party organization. As article 72 states, dismissal by transfer is possible only on the basis of a written application from an employee. After that, the corresponding order is issued.
Justification of the reasons for the transfer
According to the current legislation, upon dismissal, employees are not required to report the reason why they intend to transfer to another employer. Therefore, the application must indicate that the employee is leaving because of the transfer. And if there is an invitation from a third-party organization, you must indicate that the employee confirms his consent to the transfer.
In the order, the management of the organization without fail indicates the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.
Translation Order
Dismissal in the order of transfer to another employer begins with the writing of an application by the employee. According to paragraph 1 of Article 84 of the Labor Code, after the application, an order is issued in the form of T-8, which is approved by the State Statistics Committee. Documents are usually prepared in the personnel department. After publication, the order is submitted for signing to the director of the organization. Without fail, the employer informs the dismissed person about the issuance of the order. After signing this document, in the absence of comments to it, they begin to fill out a work book. All the necessary data is entered into the employee’s personal card. After that, the accounting department makes the final calculation and issues certificates 2-NDFL and deductions to the PF of the Russian Federation and the FSS. Day of dismissal - the date specified in the order.
Dismissal by transfer: application
The application must include the following information:
- Name of employee
- the name of this document and its essence;
- The current date;
- the signature of the employee.
After the application is signed by the director of the organization, it is filed in the personal file of the employee.
Order
Dismissal in connection with the transfer is impossible without an order. It should contain:
- full name of the company;
- title;
- publication date;
- description of the termination of employment;
- Name of the dismissed, his position, number according to the time sheet;
- links to documents confirming the lawfulness of dismissal;
- CEO's signature;
- stamp of the enterprise.
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. Information is entered into the employee’s personal card on the basis of this document, and a copy of the order and a receipt on the absence of material claims against the employee by the company are also filed with it. The order must also be numbered.
Record in employment: dismissal by transfer
The work book is drawn up in accordance with the requirements of the Labor Code. The entry should refer to article 84.1. The reason for dismissal, the date of publication and the number of the relevant order must also be spelled out. The entry must be certified by the signature of the general director of the enterprise or the person responsible for the labor documentation. After the book is filled, the stamp of the organization is put. But when applying for a new position, a note is made on the acceptance to the post in connection with the transfer.
Are there any compensations?
Dismissal in the order of transfer to another employer involves a full settlement with the former. And this means that employees are compensated:
- for hours worked;
- for unused vacation.
In accordance with Article 84 of the Labor Code, the date of settlement is considered to be the day of dismissal. However, if at that moment the employee was absent from work, the calculations are made no later than the day following the filing of the application for payments. If the employee leaves at the moment when he is on sick leave, the employer must pay this vacation.
In case of late payment to the former employee of all compensations, the employer must, according to the law, pay interest on the unpaid amount. Even if there are no funds in the organization, this is not a reason for violation of the payment deadlines. Otherwise, the dismissed employee has the right to go to court.
Working out
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 employee to leave for 2 weeks from the moment of writing the application. In fact, this is not a practice, since the employee notifies the employer of the dismissal precisely in 14 days. This period is necessary to search for another employee for a vacant position. However, in agreement with the boss, the employee may quit earlier.
What to do with vacation?
As mentioned above, employees who are laid off are paid compensation for unused vacation days. However, the law does not provide for its preservation during translation. This rule applies in general cases. Thus, the employee will be able to take leave at the new enterprise only after 6 months of work (122 article). The transfer can also be carried out while maintaining vacation in the following circumstances:
- maternity leave;
- the dismissed person is a minor;
- the dismissed adopted a child younger than 3 months.
Implications for the employee
Dismissal by transfer to another employer has some advantages, which include:
- guaranteed employment;
- lack of need to pass a trial period.
In accordance with the requirements of article 64, a contract is concluded with the new organization. In this regard, the employee should apply to the new enterprise for the purpose of concluding a labor agreement no later than 1 month from the date of calculation. If a person refuses to conclude a new agreement, he faces administrative liability.
Significant disadvantages include the failure to maintain previous earnings. After all, a third-party organization is in no way connected with the former. In addition, the law does not provide for transfer without dismissal.
Implications for the employer
At its core, this procedure has no negative consequences for the organization. This method of terminating the employment agreement is not much different from the familiar standard termination procedure. However, a drawback is the need to search for another employee, especially when the dismissed person is a qualified specialist.
Nuances
Now we will dwell on special cases of dismissal during the transfer.
If a woman who is on maternity leave or caring for a child leaves, the procedure can be carried out only with her consent or on the initiative emanating from her.
Labor legislation establishes the impossibility of transferring young specialists to third-party organizations for positions that are in no way related to the received specialization. An employee can lose this status only because of his actions, and this is fraught with the loss of due benefits and compensations. But the loss of status does not occur if the employer does not fulfill his obligations, or for medical reasons.
Dismissal in the order of transfer to another employer is a simple and intuitive process. The basis for its execution is the statement of the employee. After that, an order is issued and signed by the head. Without fail, an employee is notified about it. After that, the final settlement is made in the accounting department of the enterprise: the employee is paid all the due compensation for the vacation and the days worked. If payments are not made on time, the employee has the right to sue the organization. The process at its core is no different from ordinary dismissal. However, employers make an entry in the work book. For the employer, the dismissal has no negative consequences. But for the employee, this threatens with a decrease in the amount of earnings and loss of time.