Dismissing often means uncertainty. A natural desire for any person is to know for sure that tomorrow he will not be left without a job, which means that you need to somehow insure yourself.
It is the dismissal of the translation that most often servesthe grounds for the termination of employment contracts. With a competent design, a person is sure: a new job is waiting for him, no one else will be accepted for him. Tranquility is guaranteed by Article 64 of the TC, according to which all employees who are invited to work in writing (specifically for translation), can not receive a refusal to conclude a new contract. This is exactly what is a guarantee: if a new employer is refused employment, the question arises of the disqualification of the head and a large fine. True, it also specifies terms: thirty days from the date of dismissal. Hospital sheets are not an excuse for prolonging this period. In addition, dismissal by transfer exempts from probation. This is based on the Labor Code of the Russian Federation, article 70. There are no more advantages of dismissal by translation. But there are cons.
A dismissed employee can not claimleave, given the terms of the previous work. Leave must be appointed, according to law, after six months of labor (uninterrupted) in a new place. If, of course, the new employer does not agree to meet halfway and does not provide early rest.
In addition, if you change your mind to translate and decide to suddenly take the application, you can not do it already.
As for the employer, it does not matter to him (precisely from the financial side) how to fire an employee. The only difference is in the different design of accompanying documents.
It's another matter if an enterprise is deprived, for example,work site, or self-destruct. There is already a ripening of staffing. And this is a significant loss for the employer, since the dismissed employee will have to pay two (or even three) salaries. Naturally, the dismissal of translation will in this case become a solomon solution.
Now about the design. The consent of both parties is obligatory here. This, perhaps, is the main condition. The documentation will depend on the reason why the employee leaves the company. This can be a request (the employee himself requests the transfer of the employer, based on the invitation of another employer, which is fixed in the relevant application), or consent (also by agreement, but without the initiative of the employee himself, but with his mandatory consent). In the latter case, translation is impossible without the employee's consent.
The employer reviews the application and makes a decision. The consent of the leader is confirmed by the visa on the application, after which the personnel order prepares the order (dismissal by transfer).
If the employer does not support the initiativeemployee, then the employee himself will not be able to influence the positive decision. He will have to resign no longer by translation, but by his own will, without guarantees, which would provide such.
After signing the order in the personnel department, a calculation is made in the accounting department.
If you consider the dismissal of a translation withoutinitiative of the employee, the employee being dismissed must give consent. Against his will, the transfer to another employer is impossible, and to force him is not allowed.
The transfer procedure should always start withmutual agreement, which is confirmed in a written agreement. Only after this, the employee writes a statement, which is signed by the employer. And only after that the personnel officer starts the standard registration of documents.
The dismissal order must specify the details of the agreement with the employee's attached application.