Transfer of an employee to another organization is possible by agreement between employers and a positive decision of the employee. Transfer to another company is allowed upon dismissal from the previous place of work and admission to a new position under the terms of the employment contract. When transferring, a new employer is not entitled to establish a probationary period for a specialist, which is enshrined in legislation.
It is necessary
- - employee documents;
- - order forms (form T-8 and T-1);
- - application forms (for dismissal, admission);
- - forms of business letters (request, notification, response);
- - Labor Code of the Russian Federation;
- - documents and seals of enterprises.
Instructions
Step 1
When the initiator of the transfer is the employer, the director of the company who wishes to hire an employee must write a letter of inquiry addressed to the sole executive body of the enterprise where the employee works. The letter specifies the date from which the new employer intends to apply for the hiring of a specialist, as well as the position and department (service, structural unit) where the employee is required. In the request, the manager may ask the current employer to write and send a description to the employee.
Step 2
After agreement with the specialist, the director of the enterprise, where the employee is currently performing his labor function, should send a reply letter to the future employer. In it, he needs to write about his positive decision regarding the transfer and obtain the employee's consent to such a procedure.
Step 3
Now the employee needs to write a statement addressed to the director of the company where he is registered. In it, he should express his request for dismissal from the enterprise and transfer to another company. The application is signed by the employee and signed by the sole executive body.
Step 4
When the translation is initiated by the specialist himself, then he needs to write a statement addressed to the head of the organization. After reviewing the document, the director of the enterprise must send a letter of notification to the employer to whom the employee wants to work. In it, the sole executive body notifies the head of the company that the employee has expressed his request for transfer to this company, and also obtains the consent of a specialist.
Step 5
The procedure for dismissal from the enterprise is as follows. An order is issued (form T-8 is used), the personal card is closed and an entry is made in the employee's work book about dismissal by transfer. In the information about the work, a reference is made to article 77 of the Labor Code of the Russian Federation, a seal is put, the signature of the person in charge. The accounting department pays the money due upon dismissal.
Step 6
After receiving the work book, the specialist must write a statement, the director must issue an order (form T-1). An employment contract with an employee is concluded on a general basis (without establishing a probationary period). Moreover, the employer does not have the right to refuse to hire an employee, which is regulated by the Labor Code of the Russian Federation. Violation of the law will result in penalties.
