One of the forms of local administrative documentation is an order, issued on behalf of the sole head of the organization or the person officially performing his duties. The orders reflect decisions and issues related to the main activities of the enterprise and its personnel, including issues related to the transfer of employees.
Instructions
Step 1
The basis for writing such an order is a personal statement of the employee or a memorandum from his immediate supervisor, which justifies the advisability of transferring this employee to another job. This transfer, in accordance with Article 72 of the Labor Code of the Russian Federation, can be temporary or permanent. In the second case, the employee is registered for a new place of work with the same employer for a period of more than a year, transferred to work for another employer, or he moves to a new place of work with his previous employer.
Step 2
When transferring to another employer, the basis for writing an order is a letter of request from a new employer and a statement from the employee himself with a request for transfer, in accordance with part 2 of article 72.1 of the Labor Code of the Russian Federation. The letter of request must indicate the position for which the employee will be hired and the date from which he can start working in the new place. In this case, the employee must be dismissed from the previous place of work, and a separate employment contract is concluded with him at the new place. On the basis of these two documents, an order is drawn up at the old place of work for the early termination of the employment contract in connection with the transfer. To write an order, use the unified form No. T-8. After that, on the basis of the order signed by the manager and the employee, the personal card of the resigning person is closed, and the corresponding entry about the dismissal is made in his work book in the order of transfer with the consent of the employee.
Step 3
In the event that the employer does not change, unified forms No. T-5 and T-5a are used to issue orders for transfer. In the column "Basis" you need to refer to the supplementary agreement to the employment contract, which is drawn up indicating one of the reasons for the transfer:
- the employer's initiative;
- moving to another area together with the employer;
- medical report on the impossibility of performing the previous work;
- production necessity, in the case when the transfer is temporary.
Step 4
When an employee has independently expressed a desire to transfer to another employer in the order of transfer, the old employer must inform the new employer in writing and obtain his consent to this transfer. In this case, in the basis of the order of dismissal and in the entry in the work book, it is indicated that the employee is dismissed by transfer at his personal request, in accordance with clause 6.1 of Instruction No. 69 of October 10, 2003, approved by the decree of the Ministry of Labor of the Russian Federation.
