Procedure for dismissal for translation. Step # 5. Record in the employment record. How to be with holiday

The transfer to another organization is often practiced by Holding companies. Find out to whom it is profitable and how to make a procedure correctly, download samples of the necessary documents.

From this article you will learn:

Dismissal by transfer: what the law says

Article 72.1 of the Labor Code of the Russian Federation allows for the possibility of dismissal by transfer to another organization by mutual agreement of the parties. This procedure can be carried out either at the request of the employee or at the initiative of the employer. In any case, a written confirmation of his consent should be received from the employee.

If the initiative comes from the employee, he must provide the head of the application and a letter from the future employer about the intention of employment. Without such a letter, the current employer may refuse. This is primarily due to the need to indicate the name of a legal entity in the order and the employment record, which drops out the outgoing.

The initiative of the employer is issued by the proposal (notice) of the employee. The proposal must be issued in writing and the company must take care of confirming the fact of familiarization. Otherwise, you can get penalties.

Order of dismissal for translation to another organization

At the initiative of the employee

The first stage of this procedure is the provision of the application to the employer. Moreover, when translating the development is not canceled and, accordingly, the application must be submitted for at least 14 calendar days before the expected date of care. Of course, the employer can let go before, but this is his decision.

Together with the statement, the employee provides a letter from the future of the employer, with the intent clearly expressed intent. And the period is prescribed into which such employment is possible (how much the company is ready to wait for a person). The legislator determines this period as 1 month.

On the last day of work, it is necessary to prepare the necessary documents on termination of the contract and make calculation and payment of due money. Dismissal occurs according to paragraph 5 of Art. 77 TK RF. This article is indicated by both the Labor Book and the order in the form of T-8.

The employee is relying not only all unpaid wages, but also compensation for unused vacation. There are no additional benefits and compensations provided for by the state when translating.

At the initiative of the employer

The employer can also offer dismissal with translation to another organization. How to do it right?

As a rule, such transfers practiced companies in which there is not one, but several legal entities. Depending on the needs of business, employees are translated from one Yul to another.

First of all, the procedure should begin with a proposal.

The notification (sentence) indicates not an ultimative assertion, but the possibility. The document should be drawn up in 2 copies, and on the company instance to get a man's marker about harmony or disagreement translated. The Labor Code does not contain the norms of the binding employer to warn about the dismissal in advance. Therefore, with arrangement, it can take place on the day notice.

Also from the outgoing employee it is worth getting a corresponding statement to cut off possible claims. The rest of the procedure does not differ from the procedure for termination of the contract on the initiative of the employee.

Writing in labor

An entry into the labor book is made on the last day of work after the publication of the order for dismissal. The basis of termination of the contract is paragraph 5 of Art. 77 of the Labor Code of the Russian Federation. The record will sound as follows: "dismissed in the order of translation in LLC" Prometheus ", paragraph 5 of the first part of Article 77 of the Labor Code of the Russian Federation."

At the same time, the host organization in employment entries should indicate the company from which a new person arrived, for example: "adopted in the order of translation from Alpha LLC to the position of system administrator in the information technology department."

Calculation of payments

On the day of dismissal, the employee pays the entire salary for spent time, as well as compensation for unused vacation. Payment compensation is required. The legislation does not allow the transfer of non-glured days to a new employer.

Compensation is paid for all days of vacation, which were not used by the employee. Their calculation is made on the basis of the average annual income of the outgoing.

Who benefits the dismissal by the translation?

First of all - the worker himself. After all, the legislation obliges a new employer to employ a candidate when translating within a month. With this form of termination of the contract, a person does not go anywhere, but has ways to retreat.

The possibility of dismissal in the order of translation to another company is provided for by the labor legislation of the Russian Federation. In particular, the transition of an employee to work into a different organization is the basis for termination of the employment contract at the same place of work (Art. 77 of the Labor Code of the Russian Federation). The procedure itself is carried out in the same way as in the case of self-esteem, with the exception of some moments:

• The employment book indicates other information and the article on which dismissal.
• An employee has no right to revoke a statement about his care.
• Requires an invitation to work from the new employer.

In general, the procedure does not represent special difficulties, and for a dismissed person, such an embodiment of the employment agreement is the most optimal, because it has a number of positive parties.

Dismissal by transfer to another organization: pros and cons

For a dismissed employee, care from the previous place of work due to translation to the new one is characterized by a large number of advantages:

• In any case, it will be employed within a month after dismissal: it is such a period that is maximum for the subsequent conclusion of the employment contract in this case. If a new leader refuses to accept it, penalties can be applied against it.
• He will not have to undergo a trial period in a new place.
• If you agree with everything with the previous leader, the employee does not have to work out for 2 weeks.

It is worth noting that the dismissal employee does not need to explain the cause of his care: just just write in a statement "I ask you to dismiss me in connection with the transfer to another company."

If you compare care of your own desire, when the employee has already found another place, and the dismissal of the translation, then in the first case there is no guarantee that it will be really employed, so the second version of the termination of labor relations is most secure primarily for the most dismissal.

The disadvantage of the translation to another company is that the new employer is not obliged to provide an employee a higher salary - accordingly, the salary can be much lower than on the previous place of work. From a legal point of view, this minus is insignificant, because in this case the transferring person is considered the most protected, and the likelihood of staying without work is close to zero. If nevertheless, the head does not comply with the law and did not employ an employee in accordance with the agreement, the latter may apply to the court's claim so that the violator is attracted to the responsibility under Art. 5. 27 Administrative Code. If the judiciary satisfies the lawsuit, then the director who violated the labor legislation may be applied the following fines:

• For officials and entrepreneurs who are not legal entities - from 1,000 to 5,000 rubles.
• For legal entities - from 30,000 to 50,000 rubles.

Types of translation in labor legislation

In labor legislation, two types of translation are indicated:

• Inside: a person remains to work with the same manager, but his tasks and functions change. This refers to dismissal with a translation to another position, in a different structural unit or department, etc. In this case, the legality of the procedure requires the written consent of the employee (Art. 72.1), but there are nuances under which it is not required (Art. 72.2). This type of translation can be both temporary and constant.
• External: The worker is translated from one employer to another, that is, there is a dismissal by transfer to another organization with the consent of the employee. Its functions at a new place of work can be in the root differ from the previous responsibilities. Here is required notice from the new employer to transfer to his company.

Art. 72.2. The TK RF is defined by situations in which the consent of the employee for the translation is not required:

• If there has been a catastrophe of technogenic or natural character at the location of the employer's organization, it has the right to translate its subordinates to other posts in order to faster eliminate the consequences of a catastrophe or to warn them.
• If the company has a simple associated with technical, economic and other problems, the head can translate its subordinates to other places without their consent for up to 1 month.

It is worth noting that the payment of labor is made in accordance with the temporarily occupied position, but it should not be lower than the average magnitude of the employee's earnings in the old place.

In addition to the desire for the employee itself, go to another position or to another organization, or circumstances in which he needs to be done at the direction of the head, there is another article of the Labor Code of the Russian Federation: dismissal by the translation in connection with the state of health. This is regulated by Art. 73 of the Labor Code of the Russian Federation, according to which the employer is obliged to provide his employee another vacancy on which he is not contraindicated to work. For this, the subordinate will need to bring a medical conclusion, and if he does not agree to work in a new place, or it is simply not in the organization, then the director must remove him from working with the preservation of position for a period not exceeding four months.

In general, the process of translation through dismissal in one organization is practically no different from transfer to another company, but in order to do everything right, employers need to know all the features of the procedure: what to write in the employment book, what documents are needed and in what time it is necessary complete.

The transition initiative to another employer. Agreements. Warranty.

Unlike dismissal on its own initiative, with the subsequent intention to work in another company, the termination of the employment contract by translating gives employees much more guarantees. Consider several examples of how to carry out the procedure:

• The potential employer sends a letter of dismissal to the current employer in the order of translation, the sample of which is not established by law. This document should reflect request to dismiss a specific employee in connection with its transition to another job.
• If there is no invitation from another employer, the manager can help himself in translation. This practice is characteristic of cases when the organization is reduced, and the leadership is simply negotiated with the director of another company.
• The third example implies the conclusion of an agreement between the three parties. It should reflect all translation conditions, as well as the date. Plus the conclusions of such a document in the fact that the employee can receive compensation if the new organization is located in another city.
• The most common option is to dismiss the transfer at the request of the employee who provided written confirmation from the potential leader, which he says that he is ready to take it to a new place on time.

By sending a letter to dismissal in order of translation, the sample of which is best to prepare in advance in print, the potential employer will have to wait for a maximum of 2 weeks: it is such a term that the older leader is allocated to find him a replacement and properly arrange all the documents. You can do without working, but only if you manage to come to mutual agreement.

Prevent the transfer of the organization to another company, in which the employee continues to work, but plans to quit, can not, because it is carried out in accordance with the general order of dismissal. The difference consists only that this requires the consent of the potential employer, and several other records are entered into the labor book.

Order of dismissal

If the dismissal is made in connection with the translation to another position in the same organization, then the whole process is performed as follows:

• The worker receives an invitation from the employer to take a different vacancy, then in the case of consent sends him his written response. As a rule, these nuances are discussed verbally in advance.
• After obtaining the consent, the head issues an order, and the personnel specialist contributes to the employment record of the following content: dismissed in connection with the translation to another position (paragraph 5 of Art. 77 of the Labor Code of the Russian Federation).
• Next, it is calculated with the employee for the days and unused vacation worked on the old position.

Dismissal in order of translation to another organization: order of registration

As mentioned earlier, the termination of the employment contract is made on the basis of an application for dismissal by the translation. It must contain the following information:

• All details of the parties (indicated in the header).
• Essence (request for translation).
• The estimated date of dismissal.
• The name of the organization in which further employment is planned.
• Date and signature.

The application should also be attached to the letter of a potential employer with a request for translation, as well as it should be submitted by an employee 2 weeks before the dismissal date, so he must first calculate it in order to go on time to another place. We work out for an employee of 14 days, or not, depends on the decision of the head, which subsequently should issue an order in the form of T-8. It must contain the following:

• The name of the enterprise itself, as well as the name of the document and its number.
• Date of registration.
• The method of termination of labor relations (dismissal in connection with the translation).
• FULL NAME. A dismissed employee, his position, and if there is a table number.
• Signature of the Director and Printing Organization.

This document can also issue employees of the personnel department, but in any case should contain the signatures of the director and the most dismissal. It is on the basis of the order that all the data is entered into a personal card and makes a calculation with the employee.

In the future, the whole procedure is as follows:

• Filling out a sample of the order, the dismissal by the translation is carried out on the last day of the work of the subordinate. At this time, the employment record is made properly and is given to the employee, and the full calculation is made with it.
• Accounting issues a certificate of personal income NDFL and the relevant documents on deductions to the funds.

It is important that the days of vacation in the case of translation are not saved, and the employee will have to work for at least six months to go on vacation, being in a new place. The exception is maternity leave and leave due to the adoption of children up to three years: in this case they must be provided in accordance with all terms.

Recording in the employment record

The entire order of termination of labor relations is regulated by Art. 84.1 TK RF. According to this article, the book design should be as follows:

• It indicates the sequence number of the record, the date of dismissal.
• Special attention should be paid to the column "Information about employment ...": it should contain not only the cause of the employee's care, but also reference to the article of the Labor Code of the Russian Federation. In this case, it is paragraph 5 of Art. 77 TK RF.
• The following indicates the document, on the basis of which the work agreement is terminated - the order. The graph should also contain its number and date of design.

After making all the information, an authorized employee of the personnel department or the manager himself must put its signature and the organization of the organization. In the future, a new employer enters the mark in the book that the employee is adopted (specify) for translation.

Performing the dismissal of the translation, record in the employment book differs from the case of termination of the employment agreement on the initiative of the employee or the employer only the cause and reference to the relevant article, because the procedure for the design of this document is common to all situations and does not depend on specific grounds for termination of labor relations.

Hello! Not every leader is familiar with the dismissal of the employee in the order of translation into another organization. Now we will describe in detail about all the intricacies of this procedure and teach the execution of all the necessary documents.

Features of dismissal in order of translation to another organization

For a better understanding of the depth of the question, let's start with the definition.

Dismissal on translation - This is a 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 place in one organization, but he was offered a more profitable job at another enterprise. Then he can translate from one place of work to another. In fact, the employee is dismissed from the old enterprise and is arranged for a new one.

But before dismissing a translation officer, the manager must have certain foundations. Such is a letter - an invitation from the future of the employer to the real. In the presence of the consent of the employee and a written request, the operating manager may dismiss the conversion officer.

The labor code does not register a clear algorithm for the actions of the head in this case. Mention of transfer to another organization can be found in Article 77 of this document. Therefore, when issuing documents for dismissal for translation, refer to Article 77 of the Labor Code of the Russian Federation.

In fact, the leaders of the enterprises of special benefits are not received from this process. What you can not say about employees. In the case of dismissal in this way, the state protects the rights of a citizen, thanks to which he receives one hundred percent employment.

In case of refusal of the head, let go of an employee

If the employee expressed the desire to quit the translation, and his employer against it, then the employee does not remain anything, how to leave at his own request. In this case, the employee remains without protection before the new leader.

That is, if dismissal is going on, then the host should employ an employee within a month, otherwise he can go to court. A court decision may or restore it to the previous place of work, or to oblige the head of the receiving enterprise to take the work of this employee.

If the dismissal occurs at his own desire, then the claim will be presented with no one.

Translation and practice

In the case of dismissal for translation, the dismissal side can force the employee to work out 2 weeks. During this time, the head will be able to find an employee who will replace the dismissed.

Maybe they will terminate early, in coordination of all sides. In this case, the employee does not have to work out for 2 weeks.

Types of translations

Dismissal for translation can be external and inner.

Internal translation (Translation within the Company) is when the employer remains unchanged, but the position of the employee is changing, the place of its work, etc. Such a translation can be both permanent and temporary.

External translation (Transfer to another company) - occurs when an employee moves from one employer to another. At the same time, in the new place of work, it is obliged to take only permanent position.

In any case, the consent of the employee is a prerequisite for translation.

Options for dismissal in the order of transition to another organization

There are several options for the dismissal of translation officers. It all depends on who manifests the initiative.

Option 1: The worker independently found an organization where he would like to work.

If the head of this organization is ready to take an employee to him, then he writes an invitation letter addressed to the current leader, where he confirms that he is ready to accept his employee to his work.

This written notice by mail or is personally delivered to the current leader. In case it agrees with the translation, the employee writes in order of translationbased on which an order for dismissal is published, an entry in the labor card, a personal card, is made, the final calculation is made, and documents are issued on the hands (labor book and the certificate of income for 2 years).

With them, the employee goes to a new place of work, where his employment occurs.

Option 2: The initiative comes from the head.

There are cases when organizations need to urgently reduce employees, dismiss part of the personnel. In this case, the employer may independently find a new job employee. Managers discusses all the nuances and receive written consent to the transfer from the employee. A tripartite agreement is signed, where the position, salary, working conditions, etc. is prescribed, etc.

Each of these options has its own characteristics. Therefore, anyone needs to know and be able to fill all the necessary documentation. Now we will analyze in detail each transfer option so that you will find out all the subtleties of this procedure.

Step-by-step instruction of dismissal on the initiative of the employee

1. The current employer receives an invitation letter from the organization, which is ready to accept his employee. It is compiled in arbitrary shape on the company's branded form. It should indicate a position to which an employee and an approximate date of employment is made. Sometimes in such a letter indicate the magnitude of the future salary, but this is not necessary.
2. An employee who wants to translate, writes a statement addressed to the head of the organization that he wants to quit the translation.
3. After signing the application, the organization that will employ a disadvantaged employee, a letter is sent, which confirms the translation. This item is optional, and the letter is drawn up for the guidance.
4. Further, the head of the enterprise forms an order where it is necessary to specify, on whose initiative is carried out by the translation "in order of translation at the request of the employee". In addition, the order needs to make a reference to P.5, Part 1 of Article 77 of the Labor Code of the Russian Federation.
5. After signing the order, it is registered in the registration journal for personalized orders.
6. With the order, you need to familiarize the employee in writing.
7. After that, in the employee's personal card (T-2) on the fourth page, an entry is made on the dismissal of the employee, where they also make a reference to Art. 77 TK RF. With all the records, the employee must be familiarized, after which he puts his signature in the card.
8. After that, the corresponding recording in the employment record Employee, according to the instructions for filling the employment record.
   There are 2 options:

In addition, the workbook indicates the number of the order for the dismissal and his date. Recording must be made without abbreviations, is certified by the seal and signature of the head.

1. On the last working day, an employee is calculated, by designing a note-calculation (T-61 form). Thus, the employee is charged compensation for vacation and salary for spent days.
2. After that, an ex-employee is issued a labor book. This should be recorded in the book of accounting for the movement of labor books, where the employee puts his signature.
3. In addition to the employment record, a wage certificate for 2 months is issued.
4. After that, a dismissed employee is obliged to work out for 1 month to a new job.
5. When decorated in a new place, all relevant documents are recorded that it is taken on translation.

The dismissal of an employee for his consent (the initiative comes from the head)

The option of this translation procedure is similar to the previous one, so we will not be repeated, but we will tell about the differences and features of the translation on the initiative of the head.

1. The heads of enterprises agree among themselves that one dismisses the employee, and the second takes. This confirmation may be an invitation letter (as in the first version).
2. After that, the employee himself should be familiar with the upcoming translation. In writing, he must tell about the post, which he will occupy, on working conditions, to name the amount of the salary. If the employee is disagreeable for the translation, then no one can make it change the place of work.

If the employee agrees to the translation, he can make a record "for the translation agree" on the written notice, while putting the date and signature. A tripartite agreement is drawn up.

1. After that, the receiving party receives a confirmation letter.
2. At the enterprise where the employee is dismissed, the head publishes an order for the dismissal, where it is prescribed that dismissal occurs by the consent of the employee. It is also necessary to refer to 77 Article Tk of the Russian Federation.
3. After that, appropriate records in the employment book and personal card are made, where they also indicate that the dismissal is carried out by the consent of the employee . A sample record of dismissal in the order of translation in the workbook was reviewed earlier in the first version.
4. With all the records and orders, you must acquaint the employee under the signature.
5. It is calculated with the payment of all compensation, after which the employment record is issued and the certificate of income for 2 years in hand.

Basic documents for dismissal

All letters are written in arbitrary form. The statement from the employee and the order of the head must be prepared for all the rules. Below we give a table with which you can competently compile the necessary document.

Compensation when dismissing translation

In the last work day with an employee, a complete calculation is made. Most often it is paid for its spent days and compensation for vacation.

How compensation is credited, consider on the example.

Example: Suppose that the worker is dismissed on 06/30/2016, while he did not go on vacation this year. If the magnitude of its annual leave is 24 days, then the company should pay compensation for 12 days.

Vacation when translating

When the employee comes to find a new job, his vacation is not saved. To go on vacation, it may not earlier than 6 months later. Except are:

• Decree care;
• If the dismissed employee was not 18 years old;
• Decor leave by an employee who is a child adopter for up to 3 months.

Who can be dismissed in order of translation

You can dismiss any employees, if they gave this consent or independently showed the initiative. In this category, single mothers, mother-in-house mothers, women in maternity leave, etc. fall into this category.

Advantages and dismissal dismissal

All positive and negative sides of the dismissal of translation will consider in the table.

Conclusion

Dismissal on translation to another organization is a simple process. But, nevertheless, he demands certain knowledge from the head and personnel department. We hope that after reading our article, you learned a lot of new things and can easily make dismissal to translate any complexity.

Translation to another position is also a kind of dismissal procedure. However, it differs significantly from other mechanisms by the fact that immediately. However, there are quite a few features.

Differences of these two species

Classification

The transfer of the translation is allowed by Article 72.1 of the Labor Code. The main difference from other types of care is the employment guarantee. It can be inner and external.

• - It happens inside the organization, when an employee remains subordinate to the same cake, but his duties or structural division varies. By the same category include the movement of the employee to another locality, if an enterprise or company has changed its location.
• - the employee changes the employer by agreement of both the former and future mercenaries. At the same time, the employee passes only for a permanent job.

The translation implies the mandatory consent of the employee. Exceptions are only with internal permutation and are usually associated with force majeure: accidents, fires, elimination of the consequences of the catastrophe and so on. Also, if the worker is translated into the same position and with the report, its consent is not always necessary.

Initiators

The initiator can act as an employee and a bodger.

• In the first case An employee is recommended to receive an invitation from the future employer to guarantee the employment. Then the employee writes a statement, and if the head agrees, the dismissal procedure may be begun.
• In the second case The baker must receive a signed employee agreement on an internal or external translation.

Translation of pregnant women, decorates, single mothers, or large-owned employer initiative prohibited.

Registration

If the consent of all three parties has been achieved, where the cause of the employment contract is indicated, the company's name in which the employee is translated, details of documents, and it is also be sure to be mentioned that the procedure is carried out with the consent of the employee or.

The employment is made, where it is indicated - paragraph 5 of Part 1 of Art. 77, that is, dismissal for translation, and describes the reason - or its independent decision. When enrolling in the state at a new place of work in the book, it is noted that the employee adopted in the order of translation. Be sure to pay and give out.

If the employee is dismissed in this way, the new employer has no right to refuse him in employment. However, this agreement lasts only 1 month. If during this time the employee does not have time to translate - due to illness, for example, the baker may refuse to take it to work.

Methods

• - The most common and most unprofitable for the working way. It does not imply a guarantee of employment, no compensation. In addition, to obtain the status of the unemployed, and also due to payments, it can only after 3 months.
• - more successful option. At the same time, the work experience remains for 1 month, the status of the unemployed citizen receives on day 9 after registration, the allowance is paid longer. It is also possible to receive compensation if the initiative to rupture labor relations proceeded to the head.
• - It does not imply but it guarantees compensation at least 2 months, and in some and 3, if during this time the worker does not find a new service place.
• - It is initiated by the employer, no benefits suggests and creates an employee with an unflattering reputation.
• - Urgent contract has a specified end date. If neither the employee nor the employer crawl it to extend it, this time is dismissal. Compensation is not stipulated, but the status of the unemployed employee receives the same way as the parties abolished by the agreement - from 9 days after registration.

All listed methods do not imply employment, while when translating it is guaranteed.

What is better - translation or dismissal

Dismissal on translation is the result of a tripartite agreement. This is one of the rare situations that is beneficial to all the participants of the contract. However, there are your pitfalls here.

For employee

If the employee suits the estimated position and earned fee, then this method of dismissal consists literally from some advantages:

• a clear maintenance date is negotiated in the contract;
• if the employee needs to move to a new place residence, he has the right to demand compensation for moving;
• persists, and then the salary increases;
• compensation for unused vacation days is paid by the previous employer;
• the employee adopted on translation does not undergo a trial period;
• employment is guaranteed, so there is no need for accounting on the stock exchange or independently search for service.

The only drawback of such a decision is the employment guarantee lasts 1 month. If during this time the worker does not go to a new place, the baker has the right to refuse him, so it will not be possible to rest before the new labor accomplishments.

For the boss

Dismissal for translation is beneficial and employer if a prospect of losing an employee is satisfied. Benefits are as follows:

• dismissal for translation can be initiated by the employer himself. When reducing the state or, it is much more profitable for the head method, because excludes compensation and additional payments;
• if the relationship between the relationship is initiated by an employee, then with the agreement, the combine can specify the date of dismissal in his own interests: for example, that the dismissal managed to transfer their official responsibilities to another employee.

The disadvantage is the ability to lose a valuable employee.

Helpful information

Dismissal for translation has some features:

• if the procedure has begun on the initiative of the employee. It makes out the statement of the relevant form, indicating the name of the organization and the position to which it is going to accept. A letter is also required with the invitation from the future beacon;
• if the transfer is offered by the head, a written agreement of the employee is necessary for the translation - both external and internal;
• the order for dismissal is drawn up only by unified form T-8;
• the refusal of a new employer to adopt an employee who fired to translate and appeared until the end of the agreement - violation of the law. The court appoints a penalty - 10-20 thousand rubles. for an official, and up to 100 thousand for legal;
• the employee is more profitable to achieve the conclusion of a tripartite agreement. Registration of such an order is accompanied by relevant documentation. The latter acts proof of the proposal, if the future baker refused the place and the workers appeals to the court;
• labor Code prohibits the translation of young professionals for posts that do not correspond to their qualifications and specialties;
• translation may be proposed by a worker undergoing a trial period. And at the new place of work, the new trial period is not appointed.

The transfer is a slightly more complex procedure than care for your own accord or by agreement of the parties. However, this option is beneficial to both an entrepreneur and an employee.

How to make a translation of the employee, will tell the video below:

The employee at the enterprise may be dismissed as a result of transfer to a new job to another organization. This method of dismissal has some features and advantages that can be read in the article below.

The dismissal of translations is regulated by paragraph 5 of Article 77 of the Labor Code of the Russian Federation. The order of dismissal depends on whose initiative the translation is performed.

Dismissal in connection with the initiative of the employee

If the employee goes to another organization on his own initiative, it is necessary to receive an invitation to work from the new employer. Having enjoyed the invitation, the employee writes a statement about dismissal and sends documents to his current employer. The latter is considered the possibility of dismissal.

If he is not against, then the employee can be dismissed without a mandatory two-week work.

If the employer does not want to part with the employee voluntarily, the employee may quit the general reasons at his own request by writing an application and worked out for 2 weeks.

An important feature of dismissal by the translation is that an employee, writing a statement, cannot withdraw him, unlike dismissal at his own request, in which throughout the entire period of working the employee can withdraw a statement on any day and continue to work.

In the employment record, when dismissing the translation into another organization, a record is made: "Fired due to the translation to his request to the" Name of the Organization ", paragraph 5 of Article 77 of the Labor Code of the Russian Federation."