Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective work position. We transfer the employee at his request to another employer

6) the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization. It must be remembered that the owner of the property of a legal entity, depending on its organizational and legal form, can be either the founder (state and municipal unitary enterprises, including state-owned enterprises, and institutions), or the entity(all other organizations). Therefore, a change in the owner of the property of organizations of the first group can occur as a result of a change in the composition of their founders (participants), and the second - through the sale of the property complex of the organization (i.e., enterprise) as a whole to another person (legal or individual). In addition, a change in the owner of an organization’s property can occur as a result of privatization (in this case, a state or municipal enterprise as a property complex becomes the property of a private person) or nationalization (the reverse process). As for the partial alienation of the property of a legal entity, it is an everyday operation and does not lead to a change in the owner of its property as a whole.

A change in the owner of the property of a legal entity, a change in its jurisdiction (subordination), as well as its reorganization, do not in themselves constitute grounds for terminating employment contracts with employees (with the exception of the head of the organization, his deputies and the chief accountant). Grounds for termination employment contract in this case, there will be a refusal by the employee to continue working under the new conditions due to the circumstances under consideration (Article 75 of the Labor Code of the Russian Federation);

7) the employee’s refusal to continue working due to a change in the essential terms of the employment contract (see § 3 of this chapter);

8) the employee’s refusal to transfer to another job due to health conditions in accordance with a medical report (see § 3 of this chapter);

9) the employee’s refusal to transfer due to the employer’s relocation to another location (see § 3 of this chapter);

10) circumstances beyond the control of the parties (for example, death or complete disability of an employee);

11) violation of the rules for concluding an employment contract established by labor legislation, if this violation excludes the possibility of continuing work;

12) other grounds provided for by the Labor Code of the Russian Federation and other federal laws.

Termination of an employment contract is almost always associated with the dismissal of an employee (with the exception of termination of an employment contract due to the death of a citizen). The day of dismissal of an employee in all cases is the last day of his work.

When an employee is dismissed due to his refusal to be transferred to another location together with the employer (clause 9 of Article 77 of the Labor Code of the Russian Federation), as well as for some other reasons, which will be discussed below, the employer is obliged to pay the employee severance pay in the amount of two weeks ( and in some cases - monthly) average earnings (Article 178 of the Labor Code of the Russian Federation). An employment contract or collective agreement may provide for other cases of payment of severance pay not specified in the law, as well as establish increased amounts of the latter.

Some of the general grounds for termination of an employment contract listed above are specified in a number of other articles of the Labor Code of the Russian Federation. They differ depending on the initiative of which entity terminates the contract, the nature of the consequences for its parties, the termination procedure, etc. Let's consider the most important of them.

Termination of an employment contract at the initiative of the employee.

The employee has the right to terminate the employment contract at any time, without giving reasons, by notifying the employer in writing two weeks in advance. If the employment contract is concluded for a period of up to two months or for the duration of seasonal work, the warning period is three days (Article 292 of the Labor Code of the Russian Federation). When terminating an employment contract with the head of an organization at his own request, the notice period is set at one month (Article 280 of the Labor Code of the Russian Federation). By agreement between the employee and the employer, the employment contract may be terminated before the expiration of these terms.

Termination of an employment contract is an employee’s right, based on the principle of freedom of labor proclaimed by the Constitution of the Russian Federation. Therefore, its implementation, no matter what the reasons, cannot be considered as unlawful behavior. However, the law considers some reasons that prompt an employee to terminate an employment relationship to be particularly valid and orders the employer, if any, to terminate the employment contract within the period requested by the employee in his application. These reasons are:

Enrollment in an educational institution;

Retirement;

Other circumstances preventing the continuation of work;

Violation by the employer of laws and other regulatory legal acts containing labor law norms, the terms of a collective agreement, agreement or employment contract.

The filing of a resignation letter in itself does not entail the need to terminate the employment contract. Before the expiration of the notice period for dismissal, the employee has the right to withdraw his application at any time. In this case, the application is considered not submitted and dismissal is not made. An exception is the situation when another employee who, in accordance with labor legislation, cannot be refused employment, is invited to replace the employee who submitted his resignation. If an employment contract is concluded with such a citizen, the employer has the right to dismiss the employee who submitted the resignation letter, despite his subsequent change of decision.

Upon expiration of the notice period for dismissal, the employee has the right to stop working, regardless of whether the employer agrees to this and whether the dismissal is properly formalized. In this case, the employment contract is considered terminated at the time of expiration, and, therefore, the employee’s leaving work after this cannot be considered as absenteeism. From the above it follows that strict adherence to the notice period for dismissal is very important for the employee: leaving work early may entail disciplinary liability in the form of dismissal for absenteeism with a corresponding entry in the work book.

On the last day of work, the employer is obliged to issue the employee a work book, and, upon his written application, other documents related to the work, and make a final payment to him. Failure to fulfill this obligation, if it resulted in the employee’s inability to get a new job (for example, due to a delay in issuing work book), entails the financial liability of the employer in the form of his obligation to compensate the employee for lost earnings for illegally depriving the employee of the opportunity to work (Article 234 of the Labor Code of the Russian Federation).

It must be said that the expiration of the notice period for dismissal, even if the employee has not withdrawn the application, does not always lead to termination of the employment contract. If, after the expiration of the specified period, the employment contract has not been terminated and the employee continues to work without insisting on his dismissal, the contract continues.

Termination of an employment contract at the initiative of the employer.

The current legislation traditionally pays special attention to the termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation), since it is in this issue that the rights of workers are most often violated, and it is with their claims for reinstatement at work that the most of all labor disputes considered by Russian courts. It should be emphasized that dismissal for most of the reasons provided for in Art. 81 of the Labor Code of the Russian Federation, is a right and not an obligation of the employer, in contrast, for example, to dismissal due to violation of mandatory rules when concluding an employment contract (Article 84 of the Labor Code of the Russian Federation). Let's consider specific grounds for termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation).

1. Liquidation of an organization, termination of the activities of a separate structural unit of an organization (branch or representative office) located in another locality, or termination of activities by an individual employer. Employees must be notified by the employer personally and against signature of the upcoming dismissal in connection with the liquidation of the organization or the termination of the activities of its branch (representative office) at least two months before the dismissal. If the employment contract is concluded for a period of up to two months, the warning period is three days (Article 292 of the Labor Code of the Russian Federation), and if the contract is concluded for the duration of seasonal work - seven days (Article 296 of the Labor Code of the Russian Federation). With the written consent of the employee, the employer has the right to terminate the employment contract with him without notice of dismissal within the specified period, but with the simultaneous payment of additional compensation in the amount of two months' average earnings (Article 180 of the Labor Code of the Russian Federation).

Upon dismissal for the reason under consideration, the employee must be paid severance pay in the amount of average monthly earnings. In addition, he retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay). In exceptional cases, the average monthly salary is retained by the dismissed employee for the third month from the date of dismissal by decision of the employment service body, provided that within two weeks after the dismissal the employee applied to this body and was not employed by it (Article 178 of the Labor Code of the Russian Federation).

2. Reduction in the number or staff of the organization's employees. A reduction in numbers or staff should be understood as a general reduction in the number of jobs in a given organization or the abolition of individual positions or specialties due to the reorganization of production, the termination by the employer of certain types of activities, etc. As in the case of termination of an employment contract in connection with the liquidation of an organization, employees must be warned about the upcoming dismissal within the specified period, and without such warning they can be dismissed only with their consent, subject to the payment of additional compensation to them (see above).

Dismissal under clause 2 of Art. 81 of the Labor Code of the Russian Federation requires the mandatory participation of an elected trade union body in considering this issue. According to Art. 82 of the Labor Code of the Russian Federation, when making a decision to reduce the number or staff of an organization’s employees and the possible termination of employment contracts with employees, the employer is obliged to notify the elected trade union body of this organization in writing no later than two months before the start of the relevant activities, and in the case if the decision to reduce the number or staff of an organization’s employees may lead to mass layoffs of workers - no later than three months in advance. Dismissal of employees who are members of a trade union for the reason under consideration is carried out taking into account the reasoned opinion of the elected trade union body of this organization.

Article 373 of the Labor Code of the Russian Federation establishes the following procedure for taking such an opinion into account. The employer must send to the trade union body a draft dismissal order, as well as copies of the documents that form the basis for making this decision. The trade union body, within seven working days from the date of receipt of these documents, considers this question and sends his motivated opinion to the employer in writing. If the opinion is not submitted within seven days or is not motivated, then it is not taken into account by the employer. If the trade union body disagrees with the employer’s proposed decision, it holds additional consultations with the employer or its representative within three working days, the results of which are documented in a protocol. If general agreement is not reached, the employer, after ten working days from the date of sending the draft order and copies of documents to the trade union body, has the right to make a final decision, which can be appealed to the state labor inspectorate. The State Labor Inspectorate, within ten days from the date of receipt of the complaint, considers the issue of dismissal and, if it is declared illegal, issues the employer a binding order to reinstate the employee at work with payment for forced absence. Compliance with this procedure does not deprive the employee of the right to appeal the dismissal directly to the court, or the employer to appeal the order of the state labor inspectorate to the court. The employer has the right to terminate the employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body.

When reducing numbers or staff, the question of which employees are subject to dismissal and which are not is decided not at the discretion of the employer, but taking into account the priorities established by labor legislation. According to Art. 179 of the Labor Code of the Russian Federation, the preferential right to remain at work is granted to employees with higher labor productivity and qualifications. With equal labor productivity and qualifications, preference is given to: family - if there are two or more dependents; persons in whose family there are no other independent workers; employees who received a work injury or occupational disease in this organization; disabled people of the Great Patriotic War and disabled combatants in defense of the Fatherland; employees who improve their qualifications in the direction of the employer without interruption from work.

Another guarantee when reducing the number or staff of employees is that dismissal on the basis in question is allowed only if the employee cannot be transferred with his consent to another job. Therefore, when carrying out measures to reduce the number or staff, the employer is obliged to offer the employee another available job ( vacant position) in the same organization, corresponding to the employee’s qualifications.

Finally, upon dismissal on the grounds in question, as in the case of dismissal due to the liquidation of the employing organization, the employee must be paid severance pay in the amount of average monthly earnings and retained wages for the period of employment.

3. Inconsistency of the employee with the position held or the work performed due to:

a) health status in accordance with a medical report;

b) insufficient qualifications confirmed by certification results.

When dismissing trade union members on this basis, as well as when dismissing them due to a reduction in numbers or staff, the reasoned opinion of the elected trade union body must be taken into account.

It should be noted that the employee’s inadequacy for the position held or the work performed is grounds for dismissal only if the employee cannot be transferred with his consent to another job.

If an employee is dismissed due to his inadequacy for the work performed or the position held due to a health condition that prevents the continuation of this work, then the employee is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation).

4. Change of owner of the organization’s property (in relation to the head of the organization, his deputies and the chief accountant). A change in the owner of the organization’s property gives the new owner grounds to terminate the employment contract only with representatives of the administration, namely with the manager, his deputies and the chief accountant. As for other, “ordinary” employees, the law does not provide a similar right to the new owner. Dismissal of these workers is possible only as a result of their refusal to continue working in connection with a change of owner (Article 75, paragraph 6 of Article 77 of the Labor Code of the Russian Federation) (see below).

The right to terminate the employment contract with representatives of the administration is granted to the new owner because work in the relevant positions is directly related to the management of the organization, the use and disposal of its property, which requires full trust on the part of the owner. Therefore, termination of an employment contract on the basis in question is possible without explaining any motives and regardless of whether the behavior of the dismissed employee was impeccable or not. Due to the fact that such dismissal is not a measure of liability, the law provides for the obligation of the new owner to pay compensation to the dismissed employee in the amount of no less than three of his average monthly earnings (Article 181 of the Labor Code of the Russian Federation).

Dismissal on this basis is possible no later than three months from the date the new owner acquires ownership of the organization’s property.

5. Repeated failure by an employee to fulfill work duties without good reason, if he has a disciplinary sanction. Dismissal on this basis is at the same time a measure of responsibility - the most severe type of disciplinary sanction. Therefore, to dismiss an employee under clause 5 of Art. 81 of the Labor Code of the Russian Federation, it is necessary to have such conditions of legal liability as the illegality of the employee’s actions (inaction) and his guilt. Repeated failure by an employee to fulfill his job duties should be understood as at least two corresponding violations of labor discipline. A one-time failure to fulfill job duties is not grounds for dismissal, unless, of course, it cannot be considered a gross violation of labor discipline (see the next ground). Repeated failure to fulfill job duties can be grounds for dismissal only if the previous violation of labor discipline took place during the last working year and the employee was brought to disciplinary liability for it (i.e., has an outstanding and unresolved disciplinary sanction).

When dismissing trade union members on this basis, it is mandatory to take into account the reasoned opinion of the elected trade union body.

6. One-time gross violation of labor duties by an employee:

A) absenteeism, which means absence from the workplace without good reason for more than four hours in a row during the working day (in the case of an employee’s absence from the workplace for less than four hours or more, but during different periods
working day, these violations should be considered in relation to clause 5 of Art. 81 Labor Code of the Russian Federation);

b) appearing at work in a state of alcohol, drug or other toxic intoxication;

V) disclosure of secrets protected by law (state, commercial, official and other), which became known to the employee in connection with the performance of his labor duties;

G) committing at the place of work theft (including small) of someone else's property, embezzlement, intentional destruction or damage, established by a court verdict that has entered into legal force or a resolution of an authority authorized to apply administrative penalties;

d) violation by an employee of labor protection requirements, if this violation entailed serious consequences (industrial accident, breakdown, etc.) or knowingly created a real threat of such consequences.

Dismissal of an employee on this basis, as well as on the previous one, is a measure of disciplinary liability, and therefore is possible only if there are conditions for such liability - illegality and guilt, which is expressed in the law by indicating the absence of valid reasons. Thus, it is impossible to dismiss an employee on this basis who, for example, was absent from work due to being hit by a car or for other valid reasons. In accordance with the principle of the inadmissibility of double punishment for the same offense, the dismissal of an employee under clause 6 of Art. 81 of the Labor Code of the Russian Federation should be the only disciplinary sanction for the offense committed by him. Therefore, if, for example, an employee was reprimanded for one of the above violations, his dismissal for the same offense becomes impossible.

7. Commitment of guilty actions by an employee directly servicing monetary or commodity assets, if these actions give rise to a loss of confidence in him on the part of the employer. On this basis, only employees who directly service monetary or commodity assets can be dismissed, i.e. employees whose labor function consists of receiving, storing, processing, selling, releasing, transporting, etc. monetary or commodity values. Usually these are employees who bear full financial responsibility on the basis of the law or concluded between them and the employer written contract about full financial responsibility. However, for dismissal on the basis under consideration, it does not matter whether the employee is subject to full financial responsibility (for example, whether an appropriate agreement has been concluded with him) and whether such responsibility was assigned to him in a particular case. Employees who directly service monetary or commodity assets should include, for example, a cashier, a collector, a store clerk, a storekeeper, etc. Workers who are not directly entrusted with material assets (for example, watchmen, accountants, merchandise experts, controllers) do not fall into this category ), or are entrusted as means of labor (for example, a car driver, operator personal computer, machine).

The basis for dismissal under clause 7 of Art. 81 of the Labor Code of the Russian Federation is a loss of trust in an employee as a result of his committing actions that:

A) illegal(for example, receiving and issuing money or goods without proper registration, careless storage of material assets, leaving the keys to the storage facility in a place accessible to unauthorized persons, using entrusted valuables for personal purposes, measuring, weighing, shortchanging, theft);

b) guilty, i.e. committed by the employee intentionally or in the absence of due care and diligence (in otherwise, even if the fact of a shortage is established, dismissal is impossible);

c) precisely as a result of this, they entail a loss of trust in the employee (dismissal is impossible on this basis, for example, for reprehensible behavior in everyday life, alcohol abuse, or committing offenses not related to encroachments on property).

The actions in question, in order to be grounds for dismissal, do not necessarily have to be related to the maintenance of material assets when the employee performs his job duties. For example, theft, bribery and other mercenary offenses may be grounds for dismissal of an employee under clause 7 of Art. 81 of the Labor Code of the Russian Federation, regardless of whether they are related to his work or not.

In practice, the number of actions giving grounds for dismissal under clause 7 of Art. 81 of the Labor Code of the Russian Federation also includes the employee’s refusal to conclude an agreement on full financial liability, although such an action in itself is not illegal, and, therefore, guilty.

To dismiss an employee on this basis, it is not necessary to bring him to criminal or administrative liability. Repeated or systematic violations are also not required. A single violation, including a gross one, is enough to lose trust.

8. Commitment by an employee performing educational functions of an immoral offense incompatible with the continuation of this work. Workers performing educational functions include, for example, teachers, instructors, vocational training specialists, and educators in child care institutions. Persons who, although working in educational (educational) institutions, perform only technical and not educational functions (for example, watchmen, cleaners, etc.) are not subject to dismissal on this basis.

The following actions of an employee may be considered immoral: obscene language, cruel treatment of other people, including pupils, or animals, involvement of minors in drinking or gambling, lewd acts towards minors or in their presence, appearance in public place drunk, offending human dignity and public morality, etc.

To dismiss an employee under clause 8 of Art. 81 of the Labor Code of the Russian Federation, the mere fact of an employee committing an immoral offense is sufficient, i.e. an offense can be committed not only when the employee performs his work duties, but also in everyday life. However, it is necessary that this fact be proven. Therefore, dismissal based on rumors or a general assessment of the employee’s personality (such as “immoral type”, “rude person”, “drunkard”, “hooligan”, etc.) is unacceptable.

9.Making an unjustified decision by the head of an organization (branch, representative office), his deputies and the chief accountant, which entailed a violation of the safety of property, its unlawful use or other damage to the organization’s property. The specified actions of representatives of the employer's administration are grounds for dismissal not only if they are illegal. A decision that entails damage to the organization’s property may formally be in full compliance with the law, but may be unjustified from an economic or other point of view. For example, a manager signs an agreement to sell the organization’s fixed assets at a reduced price, issues a power of attorney to receive material assets to a person who does not inspire confidence, acquires shares of a dubious enterprise, etc. Such actions can be committed in the absence of any selfish motives, due, for example, to incompetence, improper assessment of the situation, etc. At the same time, the mere fact of damage to the organization’s property is not enough for dismissal on the grounds in question. The decision that caused these consequences must be unfounded already at the time of its adoption. Normal business risk, since there is no entrepreneurial activity without it is unthinkable and cannot be considered unreasonable, regardless of the consequences it led to. On the contrary, adventurous operations, rash decisions, “playing for broke” are not compatible with the proper performance by the manager and other representatives of the administration of their duties, which consist of conscientious and reasonable conduct of the assigned business.

10.A one-time gross violation by the head of the organization (branch, representative office) or his deputies of their labor duties. Unlike paragraph 6 of Art. 81 of the Labor Code of the Russian Federation, which contains an exhaustive list of gross violations, the single commission of which is grounds for the dismissal of any employee, including the head of an organization or a deputy, the provision in question provides for the possibility of terminating an employment contract (a) only with the head or his deputies (b) due to mistakes made by them gross violations not listed in paragraph 6 of Art. 81 Labor Code of the Russian Federation. Therefore, if a similar violation is committed by any other employee, then in order to serve as a basis for dismissal, it must be repeated and the employee must have a disciplinary sanction. Dismissal in this case will be made on a different basis, namely under clause 5 of Art. 81 Labor Code of the Russian Federation. On the other hand, if the manager or deputy committed one of the violations specified in paragraph 6 of Art. 81 of the Labor Code of the Russian Federation (for example, absenteeism), dismissal is made precisely on this basis, and not on the grounds in question. In addition, this basis should be distinguished from termination of an employment contract due to an unjustified decision (clause 9 of Article 81 of the Labor Code of the Russian Federation). The law does not clarify the concept of “gross violation”; therefore, in practice, it usually includes illegal actions that entail serious negative consequences for the employer, mainly of a property nature. But in relation to clause 10 of Art. 81 of the Labor Code of the Russian Federation, in contrast to paragraph 9 of this article, a violation of labor duties that not only entailed, but could also entail negative consequences, and not necessarily property ones, can serve as a basis for dismissal. For example, a gross violation may be recognized as the manager making an illegal decision to dismiss an employee or transfer him to another job, although this in itself does not cause property damage to the employer.

11.Submission by an employee of forged documents or knowingly false information to the employer when concluding an employment contract. In the event that the forgery is intended to conceal the absence of a document that would confirm that the employee has special knowledge or skills required by law to perform the relevant work, dismissal should not be made on this basis, but under Art. 84 Labor Code of the Russian Federation (see below). The absence of the specified document (for example, a driver’s license or a doctor’s diploma) certainly prevents the continuation of the relevant work, and therefore, dismissal in this case is, in contrast to the grounds provided for in the analyzed paragraph, an obligation and not a right of the employer. It is a different matter if the forgery of a document is caused by the employee’s desire to gain an advantage over other persons when applying for a job that does not require appropriate knowledge or skills. In such a situation, continuation of work in itself does not contradict labor legislation, however, the very fact of the employee’s dishonesty gives the employer grounds to dismiss him on his own initiative in accordance with clause 11 of Art. 81 of the Labor Code of the Russian Federation, i.e. on the basis under consideration.

12. Termination of access to state secrets if the work performed requires access to state secrets. This provision applies to those employees whose job duties involve working with information constituting a state secret. Under state secret refers to information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities, the dissemination of which could harm the security of the Russian Federation.

If an employee’s access to state secrets is terminated, and without this it is impossible for him to further perform his job duties, then his dismissal on the basis in question is an obligation and not a right of the employer. The employer's decision to terminate an employee's access to state secrets and to terminate an employment contract with him on this basis can be appealed to a higher organization or to court.

13. The grounds provided for in the employment contract with the head of the organization and members of the collegial executive body organizations. This provision establishing the possibility of dismissal of the head of the organization and members
its collegial executive body (for example, directorate or board) on the grounds specified in the employment contract is an exception to general rule, according to which termination of employment relations is possible only in cases expressly provided for by law. This exception is associated with special trust in the relationship between the founders of a legal entity (or the owner of its property) and the persons exercising the current management of the latter. When there is no such trust in a relationship, further cooperation cannot be fruitful and appropriate. However, dismissal in the case under consideration must still be based on a specific provision of the employment contract, giving the employer the right to terminate this contract. It should also be taken into account that dismissal on this basis may not always be associated with unlawful and guilty behavior of the employee. Therefore, in the event of early termination of an employment contract with the head of an organization in the absence of guilty actions (inaction) on his part, he must be paid compensation in the amount determined by the employment contract (Article 279 of the Labor Code of the Russian Federation).

14. Other grounds provided for by the Labor Code of the Russian Federation and other federal laws. Federal legislation may establish other cases of termination of an employment contract at the initiative of the employer. So, for example, an employment contract with a citizen working part-time can be terminated if a person is hired for whom this work will be the main one (Article 288 of the Labor Code of the Russian Federation). Another example is Art. 336 of the Labor Code of the Russian Federation, which provides for the following additional grounds for termination of an employment contract with teaching worker: 1) repeated gross violation of the charter within one year educational institution; 2) the use, including one-time use, of educational methods associated with physical and (or) mental violence against the personality of the student or pupil; 3) the rector, vice-rector, dean of the faculty, head of a branch (institute) of a state or municipal educational institution of higher professional education reaches the age of 65 years.

These are the grounds for dismissal of an employee at the initiative of the employer, provided for in Art. 81 Labor Code of the Russian Federation. Dismissal is carried out by the employer represented by his sole executive body - the manager (director, general director, president, etc.) based on the latter’s order. If we are talking about the dismissal of the manager himself, then the termination of the employment contract must be carried out by decision of the body by which the manager was elected or appointed to the position.

In any case, with the exception of the liquidation of an organization or termination of activities by an individual employer, dismissal of an employee at the initiative of the employer is not permitted during the period of temporary incapacity for work of the employee and while he is on vacation.

Other grounds for termination of an employment contract

In addition to the grounds discussed above, the Labor Code of the Russian Federation provides for two more groups of grounds for termination of an employment contract.

The first group is the grounds for termination of an employment contract due to circumstances beyond the control of the parties (Article 83 of the Labor Code of the Russian Federation). These include the following grounds:

1) calling an employee to military service or sending him to an alternative civilian service that replaces it. Upon dismissal on this basis, the employee is paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation);

2) reinstatement of the employee who previously performed this work, by decision of the state labor inspectorate or court. Termination of an employment contract on this basis is permitted only if it is impossible to transfer the employee with his consent to another job. In addition, the dismissed employee must be paid severance pay in the amount of two weeks' average earnings (Article 178 of the Labor Code of the Russian Federation);

3) non-election to a position. This refers to elective positions, for example, positions of university teachers;

4) sentencing of an employee to a punishment that precludes the continuation of previous work, in accordance with a court verdict that has entered into legal force. Such punishments are: deprivation of the right to hold certain positions or engage in certain activities, arrest, imprisonment (except for cases when they are assigned conditionally), and sometimes also restriction of freedom. The imposition of other types of criminal penalties, including correctional and compulsory labor, is not, as a rule, a basis for termination of an employment contract, since it does not entail isolation of the citizen from society and, therefore, does not exclude the possibility of continuing the previous work (except for cases where the continuation of work the mere presence of a criminal record is a barrier);

5) recognition of the employee as completely disabled in accordance with a medical report;

6) death of an employee or employer - individual, as well as recognition by the court of an employee or employer - an individual as deceased or missing;

7) the occurrence of emergency circumstances that prevent the continuation of labor relations (military actions, catastrophe, natural disaster, major accident, epidemic and other emergency circumstances), if they are recognized by a decision of the Government of the Russian Federation or a government body of the relevant subject of the Russian Federation.

Another group of norms provides for cases of termination of an employment contract due to violation of the rules for its conclusion established by the Labor Code of the Russian Federation or other federal law, if violation of these rules excludes the possibility of continuing work (Article 84 of the Labor Code of the Russian Federation). Such cases, in particular, are:

1) concluding an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

2) concluding an employment contract to perform work that is contraindicated for a given person due to his state of health in accordance with a medical report;

3) lack of an appropriate document on education, if the performance of the work requires special knowledge in accordance with federal law or other regulatory legal acts.

In all listed in Art. 84 of the Labor Code of the Russian Federation, in cases where the employment contract is terminated, it is impossible to transfer the employee with his written consent to another job available to the employer. Unlike termination of an employment contract at the initiative of the employer (Article 81 of the Labor Code of the Russian Federation), termination of employment relations on the grounds under consideration is not a right, but an obligation of the employer. In this case, the employment contract is considered invalid, but this does not mean that the employee is deprived of earnings for the time worked, as well as other rights that he acquired as a result of the performance of his labor duties. In addition, if a violation of the rules for concluding an employment contract was not the fault of the employee, then upon dismissal he must be paid severance pay in the amount of average monthly earnings.

CONTROL QUESTIONS

■ 1. What is meant by termination of an employment contract? How do the concepts of “termination of an employment contract”, “termination of an employment contract” and “dismissal” relate? What are the general grounds for termination of an employment contract? What is severance pay and when is it paid?

■ 2. Describe the termination of the employment contract due to its expiration.

■ 3. Describe the termination of an employment contract due to the employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in its jurisdiction (subordination) or reorganization.

■ 4. What are the conditions and procedure for terminating an employment contract by an employee at his own request?

■ 5. Explain an employee's rights before and after the notice period expires. In what case does an employment contract remain in force after this period? State the employer's obligations upon expiration of the notice period and the consequences of their violation.

■ 6. List the grounds for termination of an employment contract at the initiative of the employer and describe each of them (conditions, procedure for dismissal, guarantees for the dismissed employee, etc.). In what cases is dismissal of an employee at the initiative of the employer unacceptable?

■ 7. List and describe the grounds for termination of an employment contract due to circumstances beyond the control of the parties. What guarantees are provided for employees upon dismissal on these grounds?

■ 8. List and describe cases of termination of an employment contract due to violation of the rules for its conclusion. What are the conditions and consequences of dismissal on these grounds? How does this group of grounds differ from the grounds for termination of an employment contract at the initiative of the employer?

CHAPTER 8. WORKING TIME AND REST TIME

Hello! Not every manager is familiar with dismissing an employee as a result of transfer to another organization. Now we will tell you in detail about all the intricacies of this procedure and teach you how to draw up all the necessary documents.

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 due to transfer– this is the termination of a contract (employment contract) of an employee 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.

Translation and processing

In case of dismissal due to transfer, the dismissing party may force the employee to work for a 2-week period. During this time, the manager will be able to find an employee who will replace the fired one.

It may be terminated early, by agreement of all parties. In this case, the employee will not have to work the required 2 weeks.

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 translation (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.

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 the 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 in order of translation, on the basis of which a dismissal order is issued, an entry is made in the work book, a personal card, the final payment is made, and documents are issued in hand (work book and certificate of income 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.

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.

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

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.
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.
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.
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.
After signing the order, it is registered in the Register of Orders for Personnel.
The order must be communicated to the employee in writing.
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.
After this, the appropriate entry in work book employee, 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.

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.
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.
In addition to the work book, a certificate of salary for 2 months is issued.
After this, the dismissed employee is obliged to find a new job within 1 month.
When registering at a new location, a note is made in all relevant documents that it has been accepted for transfer.

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.

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).
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.

After which the receiving party receives a confirmation letter.
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.
After which the corresponding 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.
All records and orders must be presented to the employee against his signature.
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.

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.

Application from an employee

1. Name of the addressee;

2. Full name of the employee;

3. Title of the document (application);

4. The essence of the statement “Please fire me...”;

6. Signature.

Dismissal order (order)

1. Name of the organization;

2. Name of the document and its number (Order No....);

3. Date of compilation;

4. Method of terminating the ore contract;

5. Full name of the dismissed employee;

6. Personnel number, position;

7. Basis for calculation;

8. Information about available documents that confirm the legality of dismissal due to transfer;

9. Date and signature of the manager;

10. The column “I have read the order,” where the resigning employee puts his signature.

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.

Leave on transfer

When an employee comes to work at a new place of work, his leave is not saved. He can go on vacation no earlier than in 6 months. The exceptions are:

Going on maternity leave;
If the dismissed employee is under 18 years of age;
Registration of leave by an employee who is the adoptive parent of a child under 3 months.

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. This category includes single mothers, mothers of many children, women in maternity leave etc.

Advantages and disadvantages of dismissal

All positive and negative sides We will consider dismissals due to transfer in the table.

Conclusion

Dismissal due to transfer to another organization is a simple process. But, nevertheless, it requires certain knowledge from the manager and the HR department. We hope that after reading our article, you have learned a lot of new things and now you can easily file a dismissal for a transfer of any complexity.

Transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position)

So, according to clause 5, part 1, art. 77 of the Labor Code of the Russian Federation, the transfer of an employee, at his request or with his consent, to work for another employer or transfer to an elective job (position) is the basis for termination of the employment contract.

In this case, the transfer is formalized by terminating the employee’s employment contract with one employer and concluding it with a new employer (or transferring to an elective position). With such a transfer, all relations with the previous employer are terminated, the employee is paid all compensation due to him, including for the remaining days of vacation. The relationship with the new employer begins anew, including the calculation of the length of service for vacation, and vacation is granted according to the rules of Part 2 of Art. 122 Labor Code of the Russian Federation. Confirmation of the above can be found in judicial practice.

Thus, the court considered that, at the written request of the employee or with his written consent, the employee can be transferred to a permanent job with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5, part 1, article 77 of the Labor Code of the Russian Federation).

In another case, the court noted that the new employer to whom the employee is transferred by way of transfer is not the legal successor of the previous employer, and the responsibilities of the previous employer to pay compensation to the employee for unused vacation do not pass to him. Moreover, the design of Art. 140 of the Labor Code of the Russian Federation, which obliges the employer to pay the employee upon termination of the employment contract all amounts due to the latter upon dismissal (including compensation for unused vacation), does not allow the employer to assign this obligation to a third party.

According to the court, upon dismissal by transfer to another organization, the labor relations of employees with the employer are terminated under clause 5 of part 1 of Art. 77 of the Labor Code of the Russian Federation, in connection with which the norms of Art. 127 of the Labor Code of the Russian Federation, regulating the rights of employees to leave upon dismissal, according to which an employee can exercise his right to leave by receiving monetary compensation or by using leave with subsequent dismissal by transfer. At the same time, the new employer is not the legal successor of the previous employer, and is not responsible for the obligations of the latter, including in terms of paying compensation to employees for unused vacation.

To terminate an employment contract on the basis analyzed, the will of three subjects is required: the employer, the employee and the future employer.

Documentation of termination of an employment contract depends on who initiated the transfer: the employee or one of the employers. In the first case, the basis for termination of the employment contract will be the employee’s statement. In the second - the employee’s written consent to the transfer, stamped on the corresponding employer’s offer. But in any case, the number necessary documents includes a letter from the new employer indicating that the employee will be hired. At the same time, the new employer cannot refuse to conclude an employment contract to employees invited in writing to work by way of transfer from another employer, within one month from the date of dismissal from their previous place of work (Article 64 of the Labor Code of the Russian Federation). This conclusion is confirmed by emerging judicial practice.

The court noted that in order to terminate an employment contract on the basis of transfer to another job, the request or consent of the employee is required. It does not follow from the case materials that the Education Committee of St. Petersburg was the initiator of the plaintiff’s transfer to the position of head of a department of a unified educational institution; The plaintiff did not provide evidence to support that she applied to the committee with a request to terminate the employment contract for the position of director of the lyceum in connection with the transfer to the position of head of the department to another legal entity (to another employer). On the contrary, on April 19, 2010, the plaintiff wrote a letter of resignation under Art. 80 Labor Code of the Russian Federation; calculation and payment of appropriate compensation were made in accordance with Art. 178 of the Labor Code of the Russian Federation in full and on the basis of the plaintiff’s statements.

In another case, the court considered that a legally significant circumstance in resolving the stated claims is the procedure for written agreement between the head of the organization from which the employee is transferred and the head of the organization to which he is transferred. At the same time, the mandatory requirements for a letter of request requesting the transfer of a given employee include indicating the date from which the employee is proposed to be hired for a new job and his new position.

The employee himself agreed to be dismissed by transfer, the employer who invited the employee expressed his intention to hire him in writing, and the former employer confirmed in writing his consent to dismiss the employee by transfer. Taking into account the presence of the above conditions, the judicial panel comes to the conclusion that the employers’ agreement to transfer the plaintiff to another organization is confirmed in writing. The approval was carried out by the appropriate persons, i.e. persons who have the right to hire and fire an employee.

It should be noted that the current employer is not obliged to dismiss an employee by transfer to a new employer at the request of the employee, but only has the right and he can refuse such a transfer to the employee. In this case, an employee who does not want to continue working may terminate the employment contract at his own request, in compliance with all the rules established for this.

In addition, according to clause 5, part 1, art. 77 of the Labor Code of the Russian Federation, transfer to an elective job (position) is also grounds for termination of an employment contract. Accordingly, to terminate an employment contract on this basis, the employer needs a document that confirms that the employee was actually selected for such a position.

In this case, unlike a transfer to another employer, the organization is not required to agree to terminate the employment contract on this basis. Having received from the employee a corresponding application with the attachment of a document confirming his election to an elective job (position), he is obliged to terminate the employment contract. At the same time, the Labor Code of the Russian Federation does not specify the election to which elective work (position) we're talking about. In this regard, we believe that termination of an employment contract on this basis is possible when an employee is elected to any position (teacher, deputy, etc.).

It must be taken into account that in accordance with Art. 375 of the Labor Code of the Russian Federation, an employee released from work in an organization or an individual entrepreneur in connection with his election to an elective position in the elective body of a primary trade union organization (released trade union employee) is given his previous job (position) after the end of his term of office. If there is no such job (position), then with the written consent of the employee, he may be provided with another equivalent job (position) from the same employer.

If such a job (position) cannot be provided (the organization has been liquidated, the individual entrepreneur has ceased to operate, there is no such job (position), then the all-Russian (interregional) trade union retains for this employee his average earnings for the period of employment, but not more than six months, and in case of education - for a period of up to one year. If an employee refuses the proposed corresponding job (position), his average earnings for the period of employment are not retained, unless otherwise established by a decision of the all-Russian (interregional) trade union.

According to the Constitutional Court of the Russian Federation, the guarantee provided for in Part 1 of Art. 375 of the Labor Code of the Russian Federation, in the form of providing trade union workers released from work in the organization due to election to elective positions in trade union bodies, their previous work (position) after the end of their term of office is an element of the legal mechanism ensuring the implementation of the constitutional right to associate in trade unions, and also freedom of activity of trade unions. The implementation of this guarantee involves imposing on the employer, as a party to the social partnership, the obligation to provide the released trade union worker with his previous job (position) after the end of his term of office under the conditions and in the manner prescribed by the norms of the Labor Code of the Russian Federation.

Thus, in the case under consideration, the employer will have to rehire such an employee, taking into account the requirements provided for by the Labor Code of the Russian Federation for hiring.

The legislation of the Russian Federation provides similar guarantees for other categories of workers. In particular, to a member of the Federation Council, deputy State Duma who worked before being elected (appointed) as a member of the Federation Council, elected as a deputy of the State Duma under an employment contract, after the termination of their powers, they are provided with their previous job (position), and in its absence, another equivalent job (position) at the previous place of work or with their consent in another organization.

Let us highlight one more point. When terminating an employment contract at the initiative of an employee, the person resigning can withdraw his application at any time before the expiration of the notice period for dismissal (Article 80 of the Labor Code of the Russian Federation). Dismissal in this case is not carried out unless another employee is invited in his place in writing, who cannot be denied an employment contract. Quite often, after submitting a resignation letter, employers invite an employee from another organization as a transfer to the resigning employee’s place and refuse their employee to withdraw the application. Meanwhile, such a refusal is legal only if the employee invited by way of transfer has already resigned from his previous job.

The courts, when reinstating employees who were dismissed at their own request, in such a situation draw attention to the fact that the obligation voluntarily assumed by the employer to hire another employee is not a basis for refusing to exercise the right to withdraw the application. If another employee was invited in writing and has already been dismissed from his previous job, the former employee does not have the right to withdraw his resignation letter.

In conclusion, it should be noted that the procedure for terminating an employment contract in connection with the transfer of an employee to another employer by the Labor Code of the Russian Federation is not sufficiently regulated, so in practice difficulties arise: in particular, what should a resignation letter look like, how to draw up an agreement with another employer to whom it is planned to transfer employee? These circumstances, in order to ensure uniform application of labor legislation, predetermine the need to introduce an additional article into the Labor Code of the Russian Federation regulating this procedure.

In addition to permanent transfer to another job in accordance with Art. 72.2 of the Labor Code of the Russian Federation provides for the transfer of an employee to a permanent job in another organization, carried out with the written consent (request) of the employee in agreement with the employer at the employee’s old and new place of work. Such a transfer is associated with a change in one of the parties to the employment contract: the employer changes and, accordingly, the employment contract is terminated on an independent basis, which is enshrined in the specified clause 5 of Part 1 of Art. 77 Labor Code of the Russian Federation.

In clause 5, part 1, art. 77 of the Labor Code of the Russian Federation contains another independent basis: “Transition to elective work (position).” On this basis, it is possible to dismiss an employee if he was elected to an elective position with an act of election.

Since two different bases enshrined in clause 5, part 1, art. 77 of the Labor Code of the Russian Federation, when dismissing an employee, a reference should be made to clause 5, part 1, art. 77 of the Labor Code of the Russian Federation with clarification of the reason for dismissal.

An employee’s refusal to continue working in connection with a change in the owner of the organization’s property, a change in the jurisdiction (subordination) of the organization or its reorganization, with a change in the type of state or municipal institution (Clause 6, Part 1, Article 77 of the Labor Code of the Russian Federation).

Termination of an employment contract on this basis is carried out taking into account Art. 75 of the Labor Code of the Russian Federation, which establishes that the changes specified therein are not grounds for terminating an employment contract with an employee. Only if the employee refuses to continue working under changed conditions will the employment contract be terminated.

From the general procedure of the Labor Code of the Russian Federation, an exception is made only in relation to the head of the organization, his deputies and the chief accountant, who can be dismissed, but on a different basis: at the initiative of the employer (new owner) under clause 4 of part 1 of Art. 81 of the Labor Code of the Russian Federation (change of owner of the organization’s property). Such termination of an employment contract with these persons may take place no later than three months from the date the employer acquired ownership rights.

An employee’s refusal to continue working due to a change in the terms of the employment contract determined by the parties (clause 7, part 1, article 77 of the Labor Code of the Russian Federation). In this case, the employment contract is terminated taking into account Part 4 of Art. 74 Labor Code of the Russian Federation.

The employee’s refusal to transfer to another job, which is necessary for him in accordance with the medical report on his state of health, or the employer’s lack of appropriate work (Clause 8, Part 1, Article 77 of the Labor Code of the Russian Federation). Dismissal on this basis is made taking into account parts 3 and 4 of Art. 73 Labor Code of the Russian Federation.

An employee’s refusal to transfer due to the employer’s relocation to another location (clause 9, part 1, article 77 of the Labor Code of the Russian Federation). Termination of an employment contract on this basis is carried out in accordance with Part 1 of Art. 72.1 Labor Code of the Russian Federation.

Violation of the rules for concluding an employment contract established by the Labor Code of the Russian Federation or other federal law, if this violation excludes the possibility of continuing work (Clause 11, Part 1, Article 77 of the Labor Code of the Russian Federation). This paragraph refers to Art. 84 Labor Code of the Russian Federation, specifying the specified basis and procedure for terminating the employment contract if there is a violation of the established rules, which excludes the possibility of continuing work. An approximate list of violations that exclude the possibility of continuing work is defined in Art. 84 Labor Code of the Russian Federation. These include the following cases:

Concluding an employment contract in violation of a court verdict depriving a specific person of the right to occupy certain positions or engage in certain activities;

Conclusion of an employment contract to perform work that is contraindicated for this employee for health reasons in accordance with a medical certificate issued in the manner established federal laws and other regulatory legal acts of the Russian Federation;

Absence of an appropriate document on education, if the work requires special knowledge in accordance with federal law or other regulatory legal acts;

Concluding an employment contract in violation of a resolution of a judge or body or official authorized to consider cases of administrative offenses, disqualification or other administrative punishment that precludes the possibility of an employee fulfilling duties under an employment contract, or concluding an employment contract in violation of the restrictions, prohibitions and requirements established by federal laws related to attracting labor activity citizens dismissed from state or municipal service;

To formalize the transfer of an employee from one employer to another, it is necessary to use Art. 77 part one clause 5. Labor Code RF.

If an employee is transferred to another employer, then according toRules for calculating continuous work experiencehis continuous service remains valid for one month from the date of dismissal. And in case of dismissal due to the transfer of the husband or wife to another locality, continuous service is maintained throughout the entire period of the break.

When making an entry in the work book, you must follow the rules established by the instructions for filling out work books.

When transferring, the new employer cannot refuse to hire such an employee.

Types of transfers.

The transfer can be either at the initiative of the employer or at the initiative of the employee himself.

Depending on the type they differ:

1. Algorithm for document preparation.

2. The wording of entries made in personnel documents.

3. The employer's responsibility for the successful completion of the transfer procedure.

Index
The initiator of the transfer is.	Employer	Worker.
Documents - the basis for the transfer.	A document between two employers: from which the employee is transferred and where he is transferred. The document must record the agreements between these employers describing the conditions of the transfer and guarantees of accepting the employee through the transfer procedure. After agreement between employers, the employee can be notified (informed) either orally or in writing about a possible transfer.	There is no requirement for written agreements between the two employers.
The essence of the employee's statement.	“I agree with the transfer to the company (insert name).”	“Please fire me by transferring me to another company (or indicate the exact name of the organization)”
Formulation of entries in the work book and other personnel documents.	with his consent	The employment contract was terminated due to the transfer of the employeeat his requestto work for another employer (or indicate the name of the company), article 77, part one, paragraph 5 of the Labor Code of the Russian Federation.
Responsibility of the employer from whom the employee is dismissed by transfer to another employer.	Since the transfer occurs at the initiative of the employer and with the consent of the employee, the employer is responsible for the success of this transfer. If the employee fulfilled his duties and was ready to start working for the new employer within a month, but the transfer did not take place (the new employer did not provide the employee with work), then the employee has the right to return to his former employer with the presentation of claims (and possibly reinstatement to his previous position). work).	Since the initiator of the transfer is the employee himself, the employee himself takes responsibility for the success of this transfer. And, if for some reason the transfer did not take place within a month, then the employee will not have the opportunity to return to the previous employer and demand that he be reinstated at work.

Preparation of personnel documents.

When terminating an employment contract by transfer, the algorithm next:

Transfer at the initiative of the employer	Transfer at the initiative of the employee.
Document – agreement between employers.	Statement from the employee requesting the employee to transfer.
Notification (informing) of an employee about a possible transfer (can be written, can be oral. In addition, this notification can be either individual for each employee or collective).
Statement from the employee expressing consent to the transfer.
Order to terminate an employment contract - unified form T-8.
Drawing up a note - calculation (for payment of the final payment to the employee, including compensation for unused vacation).

Making an entry in the employee’s work book and handing out a work book to the employee.

Below are samplespreparation of personnel documents .

Upon registration order to terminate the employment contract it is recommended to use the unified T-8 or T-8a Album form unified forms. When filling it out, the following rules must be observed:

1. Under the name of the order, a reference is made to the employment contract, its number and date, which terminates, and the date of termination of the employment contract is also recorded. In this case, the word “dismissal” itself is crossed out.

2. In the section “Grounds for termination (termination) of an employment contract (dismissal)” there is a link to a specific article of the Labor Code of the Russian Federation with a breakdown of the article - Art. 77 part one, clause 5 of the Labor Code of the Russian Federation - transfer to another employer with the consent (at the request) of the employee. It is this information that will be recorded in the employee’s work book, so it is necessary to indicate the exact and clear wording of the termination of the employment contract.

3. In the column “Base (document, number, date”) a link to specific document which served as the basis for termination of the employment contract. This may be a statement from the employee (in the case of a transfer at the initiative of the employee) or a document of agreement between the employers and a statement from the employee agreeing to dismissal (in the case of termination of the employment contract at the initiative of the employer and with the consent of the employee). In addition, the date and number of these documents must be indicated. In the case of a reference to a statement, the author of this statement, that is, the name of the employee who wrote the statement and its date.

4. The employee must be familiarized with the order by signature with the obligatory affixing of the date of familiarization.

Unified form No. T-8

Approved by a resolution of the State Statistics Committee of the Russian Federation

				Code
Open Joint Stock Company "SMU-13"		OKUD form		0301006
		according to OKPO
name of company
		Document Number	Date of preparation
	ORDER	52	02.02.2009

(order)
on termination (termination) of an employment contract with an employee (dismissal)

Terminate the employment contract from “

”

May

108

fire

”

February

(cross out what is not necessary)

Time card

number

Sidorov Oleg Ivanovich

Full Name

Logistics Department

structural subdivision

Office Manager

position (specialty, profession), rank, class (category) of qualifications

The employment contract was terminated due to the transfer of the employee, with his consent, to work for another employer (or indicate the name of the company), article 77, part one, paragraph 5 Labor Code of the Russian Federation

grounds for termination (cancellation) of an employment contract (dismissal)

Base
(document, number, date):

Letter of agreement dated January 15, 2005 No. 12 between the Open Joint Stock Company “SMU-13” and the Limited Liability Company “ Construction technologies", statement of Sidorov O.V. with consent to transfer dated January 31, 2005

employee statement, memo, medical report, etc.

Supervisor
organizations

CEO

Ivanov

V.D.Ivanov

(job title)

(personal signature)

(transcript
signatures)

With an order (instruction) the employee
familiarized:

Sidorov

”

February

20 09

Motivated opinion of the elected official

trade union body in writing

(from “

”

city no.

) reviewed

Closing a personal T-2 card.

In the T-2 personal card, in section 11 “Grounds for termination of an employment contract (dismissal),” the exact wording of the entry from the order is entered, indicating the article of the Labor Code under which the employment contract is terminated and the exact wording of this article is given.

In addition, this section indicates the document that served as the basis for termination of the employment contract (order), its date, number, as well as the date itself when the employment contract terminates.

After this, the HR employee (his actual position must be indicated) signs in this section, confirming the validity of the information entered in the employee’s T-2 personal card, and the employee also certifies this information with his signature.

Only after this the T-2 card is considered closed. After this, the T-2 personal card is stored together with the personal cards of dismissed employees for 75 years according to the List of documents generated in the activities of organizations, indicating storage periods.

6. Making an entry in the employee’s work book and handing out the work book to the employee.

6.1. Making an entry in the work book.