Application for transfer to a higher position sample. How to file a dismissal by transferring to another organization

When do you need to write an application for a transfer to another position

The Labor Code provides for two types of transfer - temporary and permanent. With a permanent employee, they transfer:

• to another position with the same employer;
• to another organization or to another geographic area with the employer.

An employee may be temporarily relocated by written agreement of the parties, with or without the consent of the employee.

Application for the transfer of an employee would need:

1. when moving to another position within the same organization;
2. when switching to new job to another organization
3. during the period of temporary personnel changes by agreement of the parties or with the consent of the employee.

An employee's application for a transfer to another position in the same organization

Statement not required when it is necessary to eliminate the consequences or prevent:

• disasters caused by natural or man-made causes;
• industrial accidents;
• industrial accidents;
• fires, earthquakes, floods
• hunger, epidemics, epizootics;
• other exceptional cases that jeopardize or may jeopardize the life, normal living conditions of the entire population or part of it.

The employee’s consent and application for a temporary transfer to another job will not be required in cases of downtime caused by the above reasons, as well as, if necessary, to prevent damage, destruction of the employer’s property, and if necessary, replace a temporarily absent employee. At the same time, please note that all cases where it is not necessary to obtain the consent or application of an employee for a transfer to another position must be caused by extraordinary circumstances.

The job to which you transfer an employee must correspond to his qualifications. If the position requires less qualifications than the employee has, the employer must obtain from the employee a statement confirming his consent or disagreement to such a transition. The duration of the temporary transfer may not exceed one month, if consent in the form of an application is not received.

★ The expert of "System Kadra" will tell you how to arrange a temporary transfer of an employee to another job. From the article you will learn about the procedure for conducting the procedure by agreement of the parties, without the consent of the employee, as well as about the procedure for preparing the necessary documents.

Application for transfer to another job (sample) in another organization

A sample application for transfer to another position is filled out by an employee if he intends to transfer to another organization. The transition can be made by mutual decision of the head of the company and the host. The application for transfer to another position is submitted by the employer or employee, since each of the parties can initiate the procedure (part 2 of article 72.1 of the Labor Code of the Russian Federation).

An application for a permanent transfer to another position in another organization is written in the name of the head and contains a request to be dismissed from the position in the order of transfer. This is due to the fact that in another organization they conclude a new employment contract with the employee. For this reason, the previous labor Relations must be terminated.

Employee's application for transfer to a new job in another organization

★ The expert of "System Kadra" will tell you in detail, how to transfer an employee to another organization. From the article you will learn about the features of the procedure at the initiative of the employer, employee, about how the current employer to issue a dismissal, and the new manager to issue an employee's hiring.

How to fill out a sample application for transfer to another position if the initiator is an employee

If an employee is the initiator of the transition, he must write an application addressed to the head of the organization. The document is drawn up in an arbitrary writing, indicating:

• FULL NAME. director;
• position and full name employee
• in the center they write "Statement";
• in the content part indicate the request to transfer, the reason that served as the basis for submitting such a request.

If it is necessary to change the position for health reasons, supporting documents are attached to the application. In this case, such a document is a medical certificate with the conclusion of a medical commission.

Each company in a certain period of time is faced with a situation where an employee needs to change his function in the organization.

This may be a transfer to another position or to another structural unit. The reasons may be different: production necessity, reduction or expansion of staff, personal request of the employee, or other compelling circumstances. Employee personnel service or an authorized person must know how to process the transfer of an employee to another position.

General translation rules

The transfer can be temporary or permanent, but in any case, you need to pay attention to medical card worker.

A new position and working conditions should not be contraindicated for him for health reasons.

Appointment can only be made with the consent of the employee. He must submit an application for transfer to another position.

Without the approval of the employee, only temporary transfers are possible without changing the conditions employment contract.

An employee can be moved both within one enterprise and sent to another locality or to another employer.

If the employee does not agree with the transfer, he has the right to challenge it. In the event that the movement is found to be illegal, the employee must be reinstated in the previous position. The authorized body may appoint the amount of compensation for the period while the new duties were performed.

Translation on an ongoing basis

In this case, the change in the function performed is permanent. The employee must submit an application for transfer to another position, indicating the structural unit. Any employee has the right to submit such a document. If the request is granted, then they conclude an additional agreement and attach it to the employment contract.

Without fail, an employee of the personnel service or an authorized person must make changes to the employee's personal card and (if necessary) to the personal account. This is done on the basis of a transfer order.

Sometimes an employee does not know how to write an application for transfer to another position. A sample will help you understand the key points.

Is it necessary to draw up an additional agreement?

In the employment contract, the clauses "Place of work" and "Labor function" are mandatory, therefore, in case of their changes, it is necessary to conclude an addition to the main contract. It is signed by the employer and the employee, since it is impossible to change the terms of the contract without the consent of the employee.

When placing an order, in the line "Base" you need to specify the details additional agreement. In the event that an agreement has not been concluded with an employee, it is necessary to enter specific documents that serve as the basis for moving, including an application for transfer to another position. The line "Base" is not required.

Where is the permanent performance of a new labor function displayed?

All permanent transfers must be recorded in the work book. The entry must be made no later than ten days from the moment the order was drawn up. Changes are made in accordance with the generally accepted rules for filling out this document.

Temporary transfer

By agreement of the parties, it is possible to temporarily change the function performed or change structural unit. The employee continues to work for the same employer. All changes must be recorded in writing, therefore, first of all, the employee must write an application for transfer to another position.

It is important to know that in the event that the agreement has expired, and the employee was not provided with the previous position, and he did not demand the return of his labor function, the transfer is considered permanent.

If the transfer is necessary for the time of replacement of another employee, then the agreement becomes invalid after his return to work. Temporary performance of duties in work book do not bring.

When is translation required?

There are certain circumstances when an employer does not have the right to refuse an employee a temporary transfer. If there is a threat to the health and life of a person at the workplace, he is obliged to provide another job until the danger has passed.

Women in position medical indications may be suspended from those types of work where there are adverse production factors. Wherein average earnings must be preserved. Pregnant women, as well as those who have children under three years of age, cannot be involved in rotational work.

Employer-initiated transfer

In order to, according to all the rules, draw up an application for transfer to another position, the form should be something like this.

The organization allows changes in technological or organizational working conditions due to production needs. In this case, the employer may unilaterally change the terms of the employment contract (with the exception of the employee's work function).

Download application form for transfer to another position

Writing an application for transfer to another job most often occurs in situations where the transfer of an employee from one position to another is carried out within the enterprise. From the point of view of the law, the transfer must always be accompanied by a change in job duties, working conditions and powers of the employee, or a change in the structural unit to which he belongs.

The transfer can be caused by a variety of reasons: the reorganization of the enterprise, the emergence of an interesting vacancy, the promotion or demotion of an employee, etc.

FILES

Separately, we can talk about the transfer of an employee from one organization to another (usually to a similar position, but not necessarily), which is also acceptable, however, in this case, the application is written in the form of dismissal with a subsequent transfer.

Who initiates the transfer

The transfer can take place both at the initiative of the employer, and at the will of his subordinate.

1. If the initiator of the transfer is the employer, which quite often happens in connection with a reduction in staff or other internal transformations of the company, he is obliged to notify the employee of the upcoming event at least two months in advance. The employee has every right to both agree with the transfer (in this case, he subsequently writes an application for transfer to another job), and refuse it.
2. If the request for transfer is made by the employee, he must also submit the relevant application to the employer in advance, and the latter also has the right to both agree with the transfer and refuse it. True, he can not refuse in all circumstances.

To whom the employer does not have the right to refuse a transfer

If a representative of a certain category of employees requests a transfer, the employer does not have the right to refuse it. We are talking about facilitated working conditions, which are often needed:

• pregnant women,
• mothers with children under one and a half years of age,
• employees with certain physical disabilities,
• those who have been injured as a result of work.

In other words, these persons, having written an application for transfer to more light work, may not doubt that the employer will meet them halfway - at least by law he is obliged to do so.

When You Can't Refuse a Transfer

The transfer initiated by the employer may concern all categories of employees. However, as mentioned above, this requires the consent of subordinates. However, there are extraordinary situations where consent is not required:

• to prevent accidents, catastrophes or any force majeure circumstances,
• to avoid downtime or to replace another employee.

Permanently or temporarily

The transfer can be either permanent or temporary.

• With a permanent transfer, everything is clear: here the name of the position, duties, powers or working conditions of the employee are completely changed for an unlimited period of time.
• Sometimes there are temporary transfers, when employers, until a permanent employee is found, “transfer” personnel specialists from other areas to strategically important jobs. In such cases, the application should indicate the temporary nature of the transfer.

The employer should keep in mind that temporary transfers for work needs cannot occur more than once a year (if it is associated with the replacement of another employee) or several times a year (for other reasons), but in any case for a period not exceeding 30 days (according to the calendar).

Moreover, if there is a difference between a permanent place of work and a temporary (by substitution) wages, the employer is obliged to compensate for it.

The application is written personally by the employee in any form or according to a model developed within the enterprise. In this case, the text must contain some mandatory information. In particular, you must specify:

• Name of the organization,
• position and name of the head,
• personal information about the employee himself: his position, surname, initials.
• which one vacancy the employee claims
• the reason for the transfer
• date.

If the application is accompanied by any additional documents: certificate of education, medical book, characteristic, certification sheet, etc., this should also be reflected as a separate item in the main part of its content.

There are also no frameworks for filling out an application: you can write it both by hand and in printed form, as on letterhead, and on a simple blank sheet of A4 or A5 formats. At the same time, the document must necessarily bear the signature of the employee himself, as well as, if provided for by the internal procedure, the visas of the heads of the relevant structural divisions.

It is recommended to make two copies of the application, one of which is handed over to the representative of the employer, the second, after approval by the secretary, remains in the hands of the employee. In this case, the copy of the employer must be numbered and registered in the register of internal documents.

After writing the application

The application is not a guarantee that the employee will be transferred to the position for which he is applying. The resolution on the adoption of a decision is written directly on the application.

If the management's answer is positive, then on the basis of the corresponding inscription, which at the same time serves as an indication HR department, translation is in progress.

For this, a special order is drawn up on behalf of the company's management, and the application itself is included in the employee's personal file. Subsequently, after the loss of relevance (i.e., the dismissal of an employee), the application, together with other papers in the personal file, is transferred for storage to the archive of the enterprise, where it is kept for statutory period.

In order to move an employee within the organization to another position, he needs to write an application for transfer to another position (). This procedure is carried out only with the consent of the employee himself, as evidenced by his written statement. The application for transfer to another position must be considered by the head of the company and give a reasoned answer to it.

Transfer of an employee to another position carried out on the basis of the feasibility of such a step. To make a decision, the manager takes into account the following nuances:

Does the employment contract provide for a condition on the basis of which it is possible to carry out transfer of an employee to another position. Sometimes the contract provides for working out a certain period in a certain position, then it is impossible to transfer the employee.
Are there suitable conditions labor for the employee (organizational and technological).
Does the employee have the right qualifications?
Does the health of the employee correspond to the new working conditions.
What does the immediate supervisor of the employee think about such a transfer.
How the employee perceives the transfer new leader in the future division.

Separate conditions must be documented. For example, transfer an employee possible only on condition vacant position in another division. There must be an appropriate document about this. It should be signed by a representative of the personnel department - the head.

To confirm the level of qualification of an employee, the results of his last certification are taken. If on new position the employee is required to have specific skills and knowledge, the application for transfer to another position will need to be supported by certificates that confirm that the employee has such skills and abilities.

A medical certificate will be required to confirm the state of health. It must be filed in medical institution. It must contain a record that the employee can perform duties at the new workplace, since his health allows it.

The former boss can document his opinion or permission to transfer an employee in the form of a visa on the employee's transfer application. He can also provide a description of the employee or a memo.

Your opinion new boss can also state in the form of a visa on the application. If the opinion is positive, the department issues an appropriate order to recruit a new employee.

Samo application for transfer to another position (download sample below) written in free form.

Dismissal in the order of transfer to another organization can be issued when there is consent:

director of the company in which the citizen is invited to work;

invited employee;

employer from the previous place of work.

In this case, it is possible to terminate the employment contract at the previous place of work. Transfer to another organization without dismissal is not allowed.

How is an invitation issued by a company?

It is no secret that the leaders of many companies are eyeing the employees of competing firms or their business partners. In any case, the director of each enterprise would be glad to see an intelligent and experienced employee in his organization. Often they are ready to offer citizens working for other employers a more attractive position and a decent salary. Dismissal by transfer to another organization is possible if the employer has received a written request from another company, and the employee has nothing against such a transfer. It is carried out if the director is ready to part with the employee. If the manager is opposed to leaving his company, the invited employee can leave it on his own initiative.

Letter of resignation in order of translation, sample

Dismissed in the order of transfer can only be with the consent of the employee. Therefore, he must document his positive response to the transition in writing. The wording “I agree to the transfer” is indicated on the invitation from another employer. After receiving the document, the director issues an order to terminate the contract.

How is an application made?

Dismissal by transfer to another organization can be a good option for an employee who decides to leave the company and has already found a new job. Dismissal in connection with the transfer is a guarantee that within a month from the date of departure, the new employer will sign a contract with him. Also, the absence of a mandatory two-week working off (by agreement of employers) and the absence of probationary period at a new place of work. A citizen can ask the head of the company in which he wants to find a job to send a request to his current employer. He must also write a letter of resignation in the order of transfer.

Sample application:

The application must be accompanied by an invitation from the future employer with a request to terminate the contract with specified employee for employment in his company.

Issuance of a transfer order

The head issues a dismissal order drawn up by. The following documents are indicated as the basis for leaving:

invitation of a future employer;

the consent of the current employer;

statement or consent of the worker.

The dismissed person is introduced to the order under the signature. On the day of his departure, the payment is transferred to him and the book is returned with an entry on the termination of the contract made in it.

What does a contract termination record sound like?

Information fits into a personal card and work book on the last working day. The wording may be as follows: " Dismissed in connection with the transfer at the request of the employee (or with consent) to (name of the enterprise), paragraph 5 of Article 77 of the Labor Code of the Russian Federation". Transfer through dismissal in one organization is not allowed.

Can a new employer refuse to hire?

Article 64 of the Labor Code of the Russian Federation guarantees employment to a citizen. The employer who sent the invitation cannot back down and refuse the citizen to sign the contract. The documents guaranteeing employment in a new organization are an invitation to transfer and the consent of a citizen. If the employer decides to refuse the invited employee employment, he can file a complaint with the labor inspectorate or sue him. If the court decides in favor of the plaintiff, he will oblige the new employer to sign a contract with him from the day following the day of leaving the previous place of work.

The legislation also provides for administrative liability for such a violation. According to part 3 of Art. 5.27 of the Code of Administrative Offenses, a fine in the amount of 10 to 20 thousand rubles may be imposed. on the executive, from 50 to 100 thousand rubles. to the organization.