home Drugs Is it possible to resign by transfer? Conditions for dismissal in the order of transfer to another organization. Settlement with the employee and necessary payments

Is it possible to resign by transfer? Conditions for dismissal in the order of transfer to another organization. Settlement with the employee and necessary payments

The Labor Code of the Russian Federation provides for a procedure for dismissing an employee by transferring to a third-party organization. There can be many reasons for such dismissal. The procedure itself is quite simple, but has a number of important features.

What should a laid-off employee know? What are the pros and cons of transferring to another organization?

Peculiarities

The procedure for paying employees of organizations upon dismissal is established in the Labor Code (Article 80). Transfer to another organization as part of the dismissal procedure The transfer is carried out with a written invitation from a third-party organization. As Article 72 states, it is possible only on the basis of a written statement from the employee. After this, an appropriate order is issued.

Justification of the reasons for the transfer

According to current legislation, upon dismissal, employees are not required to provide the reason why they intend to transfer to another employer. Therefore, the application must indicate that the employee is leaving due to transfer. And if there is an invitation from a third-party organization, it must be indicated that the employee confirms his consent to the transfer.

In the order, the management of the organization must indicate the article on the basis of which the dismissal is carried out, as well as the initiator of the procedure.

Transfer procedure

Dismissal by way of transfer to another employer begins with the employee writing a statement. According to paragraph 1 of Article 84 of the Labor Code, after the application, an order is issued in the T-8 form, which is approved by the State Statistics Committee. Documents are usually prepared in the personnel department. After publication, the order is submitted to the director of the organization for signing. The employer is required to notify the dismissed person of the issuance of the order. After signing this document, if there are no comments to it, they begin to fill out the work book. All necessary data is entered into the employee’s personal card. After this, the accounting department produces and issues 2-NDFL certificates and deductions to the Pension Fund of the Russian Federation and the Social Insurance Fund. The day of dismissal is the date specified in the order.

Dismissal by transfer: application

The application must include the following information:

Full name of the employee;
the name of this document and its essence;
The current date;
employee signature.

After the application is signed by the director of the organization, it is filed in the employee’s personal file.

Order

Dismissal due to transfer cannot be carried out without an order. It should contain:

full name of the company;
Name;
publication date;
description of the method of termination of the employment relationship;
Full name of the person being dismissed, his position, number according to the report card;
links to documents confirming the legality of dismissal;
signature of the general director;
company stamp.

At the end of the order there should be a column entitled “I have read the order,” where the employee confirms the notice of dismissal with his signature. The information is entered into the employee’s personal card on the basis of this document, and a copy of the order and a receipt confirming the absence of material claims against the employee from the company are also attached to it. The order must also be numbered.

Entry into the labor record: dismissal by transfer

The work book is drawn up in accordance with the requirements of the Labor Code. The entry must contain a reference to Article 84.1. The reason for dismissal, the date of issue and the number of the relevant order must also be stated. The entry must be certified by the signature of the general director of the enterprise or the person responsible for labor documentation. After the book is filled out, the organization's seal is affixed. But when applying for a new position, a note is made about acceptance of the position in connection with the transfer.

Are there any compensation provisions?

Dismissal by way of transfer to another employer involves making a full settlement with the previous one. This means that employees are entitled to compensation:

for hours worked;
for unused vacations.

In accordance with Article 84 of the Labor Code, the date of calculation is considered to be the day of dismissal. However, if at that moment the employee was absent from work, calculations are made no later than the day following the submission of the application for payments. If an employee quits while he is on sick leave, the employer is obliged to pay for this leave as well.

If a former employee fails to pay all compensation on time, the employer is required by law to pay penalties on the unpaid amount. Even if the organization does not have funds, this is not a reason for violating payment deadlines. Otherwise, the dismissed employee has the right to go to court.

Working off

According to the Labor Code of the Russian Federation, when transferring to a third-party organization, the former employer has the right to require the dismissed employee to work for 2 weeks from the date of writing the application. In fact, this is not work off, since the employee notifies the employer of dismissal exactly 14 days in advance. This period is necessary to search for another employee for a vacant position. However, by agreement with management, an employee can resign earlier.

What about vacation?

As mentioned above, dismissed employees are paid compensation for unused vacation days. However, the law does not provide for its preservation during translation. This rule applies in general cases. Thus, an employee will be able to take vacation at a new enterprise only after 6 months of work (Article 122). The transfer can also be carried out while maintaining leave under the following circumstances:

going on maternity leave;
the person being dismissed is a minor;
the dismissed person adopted a child under 3 months old.

Consequences for the employee

Dismissal by transfer to another employer has some advantages, which include:

guaranteed employment;
no need to go through

In accordance with the requirements of Article 64, an agreement is concluded with the new organization. In this regard, the employee should apply to the new enterprise for a conclusion no later than 1 month from the date of settlement. If a person refuses to enter into a new agreement, he faces administrative liability.

Significant disadvantages include failure to maintain previous earnings. After all, the third-party organization is in no way connected with the previous one. In addition, the law does not provide for transfer without dismissal.

Consequences for the employer

At its core, this procedure does not have negative consequences for the organization. This method of terminating an employment agreement is not very different from the familiar standard dismissal procedure. As a disadvantage, however, one can highlight the need to find another employee, especially when the person being dismissed is a qualified specialist.

Nuances

Now let's look at special cases of dismissal during transfer.

If a woman who is on maternity or child care leave is dismissed, the procedure can only be carried out with her consent or on the initiative coming from her.

Establishes the impossibility of transferring young specialists to third-party organizations for positions that are in no way related to the specialization received. An employee can lose this status only because of his actions, and this is fraught with the loss of entitlement benefits and compensation. But loss of status does not occur if the employer does not fulfill its obligations, or for medical reasons.

Dismissal through transfer to another employer is a simple and intuitive process. The basis for its registration is the employee’s application. After this, an order is issued and signed by the manager. The employee must be notified of this. After this, the accounting department of the enterprise makes the final calculation: the employee is paid all due compensation for vacation and days worked. If payments are not made on time, the employee has the right to sue the organization. The process is essentially no different from ordinary dismissal. However, employers make a corresponding entry in the work book. For the employer, dismissal does not have any negative consequences. But for the employee this threatens a decrease in earnings and loss of time.

Dismissal through transfer to a new employer is the most “painless” form of job change for an employee. This transfer gives him some guarantees and advantages in his new job. If we talk about employers, then the transfer of an employee entails significant legal consequences only for those of them who invited the employee - it will no longer be possible to refuse the stated intentions. For an employer dismissing a citizen, the peculiarity of dismissal by transfer consists only in the preparation of documentation.

Dismissal by way of transfer to another organization: basics of the Labor Code of the Russian Federation

Labor legislation provides for a method of changing jobs that is beneficial for an employee in terms of guarantees - dismissal by transfer

Dismissal through transfer to a new employer is the termination of the employment agreement on the basis provided for in paragraph 5 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, conditioned by a tripartite agreement between a citizen, his current employer and a new employer on guaranteed employment with the latter.

The possibility of terminating an employment agreement with a subsequent transition to a new employer is provided for in Part 2 of Article 72.1 of the Labor Code of the Russian Federation. This norm describes two possible situations when the decision to change jobs can be decided in this way:

Transfer between employers at the initiative of the employee himself. As a rule, an employee who has found a new, more attractive job option agrees on the transfer with both employers. If all parties agree, the matter remains only with documentation.
Transfer at the will of both employers. Situations with this option of dismissal-transfer can be varied: one of the employers is reducing its staff and wants to employ its workers, including for reasons of economy (you won’t have to pay severance pay), the owner of the company plans to liquidate the existing company and open a new one without losing employees, etc.

It should be noted that a transfer to a new employer, in contrast to a change of position within one organization, in all cases is carried out only with the consent of the worker.

When transferring from one employer (without dismissal), the citizen’s approval of this action is not required in a number of cases listed in parts 2–3 of Art. 72.2 Labor Code (for example, a man-made disaster or downtime for technical reasons).

Table: advantages and disadvantages of dismissal by transfer for both parties

Party to the terminated employment contract	pros	Minuses
An employee subject to dismissal through transfer to a new employer	Guaranteed conclusion of an employment contract with a new employer within a month from the date of dismissal from the previous employer; no probationary period when hiring a new job.	Inability to withdraw your resignation letter.
Employer dismissing an employee	If the dismissal of an employee is due to the need to reduce his workplace, this method of resolving the issue will save the employer from unnecessary financial costs for paying severance pay.	The need to be aware of some of the features of formalizing dismissal by transfer.

Features of the procedure and algorithm of actions for the employer

Depending on whose initiative the dismissal through transfer occurs, the following documents may be the reason for launching the appropriate procedure:

an employee statement written on the basis of his receipt of an invitation letter from a new employer;
notice of intent to transfer an employee to another employer based on receipt of a letter of offer from the new employer.

It must be remembered that in any case, the consent of both parties to the employment relationship for dismissal and transfer to another employer must be expressed in writing:

The employer puts the appropriate resolution on the application. Without his approval, dismissal by transfer cannot take place; the working citizen will have to rewrite the application, indicating another reason for dismissal (for example, at his own request), while observing the formalities required in this case (for example, working the required two weeks). Of course, in this situation you can no longer count on legally guaranteed benefits when concluding a new employment agreement.
On the notice of transfer, the dismissed citizen makes a note indicating his consent or disagreement. In the latter case, the employer does not have the right to dismiss him on the grounds in question.

Once the basis for dismissal by transfer is documented (by drawing up an application or notice), the date of the last working day is agreed upon, the procedure for the employer is no different from ordinary dismissal. The entire procedure can be represented as the following sequence of steps:

Issuance of an administrative document on dismissal (order) indicating the appropriate grounds for termination of labor relations - transfer to another employer (clause 5, part 1, article 77 of the Labor Code).
Familiarization of the dismissed person with the order.
Making required payments to the employee.
Making a record of termination of employment in the company in the work book, personal card and employee file.
Issuance of a work book to a citizen against signature.
Notifying the concerned services and bodies - the military commissariat and the bailiff service - if necessary.

Invitation from a new employer

The invitation letter is the primary reason for launching the dismissal procedure by transfer in any case - the initiative comes from the employer or the employee. As a rule, such a letter becomes the result of a preliminary oral agreement. The document is drawn up in any form and must contain the following information:

name of the new employer;
the position offered to the employee (it is better if the letter describes in general terms the terms of the employment contract to be concluded: salary, working hours, etc.);
Full name of the employee to whom the transfer is proposed;
the date from which the new employer plans to hire a new employee.

Letter of consent for transfer

As a response to the invitation, a letter expressing the consent of the previous employer and employee to the transfer may be sent to the new employer, but this document is not mandatory in the procedure.

Employee's application for dismissal by transfer

An application for dismissal by transfer must contain:

request for dismissal by transfer;
date of dismissal;
the name of the employer to whom you plan to transfer;
link to the invitation letter (optional).

Employee Notification

Notifying an employee of dismissal by transfer to another employer is used in cases where the initiative comes from the employer. The legislation does not provide for any notice periods. The document must contain:

the name of the new employer and the proposed position (if possible, with a description of the main conditions of the proposed employment agreement);
link to the invitation letter;
a note indicating the employee’s agreement or disagreement with the transfer.

Limited Liability Company "Freight Transportation"
Freight Transportation LLC
Kanareikina Tatyana Anatolyevna
payroll accountant
accounting department
NOTIFICATION
No. 25 from 11/18/2016
About an invitation to work in another organization
We notify you that you have been invited to work at Passenger Transportation LLC for the position of deputy head of the enterprise.
We ask you to make a note about your consent (disagreement) to dismissal in the order of transfer from Freight Transportation LLC to Passenger Transportation LLC.
General Director, signature, transcript
I have become familiar with the notice of transfer to Passenger Transportation LLC.
I agree to the translation.
T.A. Kanareikina

Drawing up a dismissal order

An order for termination of a contract with subsequent transfer to a new employer is drawn up on a unified form T-8 or T-8a indicating the basis for dismissal (transfer to a new employer) and a reference to clause 5, part 1, article 77 of the Labor Code.

Sample entry in a work book

What payments are due to an employee?

Upon dismissal by transfer, the employee is accrued a standard set of payments, the composition of which depends on the specific situation. There are just a few things to note:

contrary to a common misconception, the working period for calculating the length of service giving the right to leave at a new place of work is not transferred, which means compensation must be paid for unused leave, if any;
dismissal by transfer does not entitle the employee to receive severance pay.

Table: composition and examples of payment calculations

Name of payment	Formula for calculation	Calculation example
Salary with time allowances and bonuses	Salary = official salary / number of working days in the month of calculation × days worked in the same month. Bonus (approximate formula) = official salary × established bonus percentage / number of working days in a month × number of days worked in a month.	Accountant T.A. Kanareikina will be dismissed on November 21, 2016 as a transfer to another employer. Her official salary according to the contract is 24,000 rubles. The regulations on remuneration at the enterprise establish an increase for length of service for all employees who have worked at the enterprise for more than 5 years in the amount of 2% of the monthly salary (Kanareikina has been working at the enterprise for more than 8 years). The conditions of the provision do not contradict the calculation of a bonus upon dismissal on the basis applied in this situation. Accountant Kanareikina was on sick leave for 4 working days in November 2016 - from 11/07/2016 to 11/11/2016. The total working days in November 2016 were 21, of which Kanareikina worked 9. Salary calculation: 24,000 rub./21 days × 9 days = 10,286 rub. Calculation of allowance: 24,000 rub. × 2%/21 days × 9 days = 206 rub.
Vacation pay (if vacation prior to dismissal is provided) or compensation for remaining unused vacation days	Vacation pay (compensation) = average daily earnings × number of remaining days of rest. Average daily earnings (for fully worked months) = income for the year preceding the month of dismissal (only payments included in the remuneration system are included) / 12 months / 29.3 days. Average daily earnings (if there are partially worked months) = income for the year preceding the month of dismissal/((29.3 days × number of full months) + (29.3 days/number of days in a month not fully worked × number of days worked in the same month )). The number of remaining vacation days = (the number of allotted vacation days per year/12 months × the number of full (rounded up from 15 days inclusive) months for an individual working year) - the number of vacation days used for the same period.	During the period from November 2015 to October 2016, Kanareikina earned 320,000 rubles. She was on sick leave 1 time - from April 11 to 15, 2016 - 5 working days or 5 calendar days, on vacation 1 time - from July 4 to 7, 2016 - 4 working days, 4 calendar days. Calculation of the average daily salary for calculating payment for vacation days: RUR 320,000/((10 months × 29.3 days) + (29.3 days/30 days of April × (30–5) days worked in April) + (29.3 days/31 days of July × (31– 4) days worked in July)) = 320,000/(293 + 24.42 + 25.5) = 340,000/342.92 = 991 rubles. Kanareikina’s working period is from January 1, 2016 to December 31, 2016. The number of full months worked during the period is 11. According to the employment contract, she is entitled to 28 days of vacation every year. Calculation of remaining vacation days: (28 days/12 months × 11 months) - 4 days = 21.6 days. Calculation of vacation compensation for Kanareikina: 21.6 days × 991 rub. = 21,406 rub.
Sick leave payment	Depending on the employee’s length of service, sick days are paid in the following amount: 100% - with experience of 8 years or more; 80% - from 5 to 8 years; 60% - up to 5 years. Formula for calculation: Sick leave pay = average daily earnings for two calendar years (determined by dividing income for this period by 730 days) × amount of payment determined depending on length of service × number of days of temporary disability.	Kanareikina has been working at the company for more than 8 years, which means she has the right to 100 percent sick pay. The number of sick days is 4. For 2014–2015, the employee received 640,000 rubles. Calculation of sick pay for Kanareikina: (640,000 rub./730 days) × 100% × 4 = 3,507 rub.

Judicial practice and possible controversial situations

Judicial practice in labor disputes is not replete with examples of workers being reinstated at work after dismissal through transfer to another employer.

As a rule, most violations are caused either by a discrepancy between the real intentions of employers (both the former and the inviting employee to work) with reality, or by non-compliance with the procedure for confirming a citizen’s consent to a transfer.

The employer asked the employees to write a letter of resignation, saying that this was the only way out - to transfer to another employer, who, in turn, would hire them. As a result, the new employer does not hire everyone. Taking advantage of the workers' ignorance of labor legislation, the former employer misled them about the consequences of the decision. The court reinstated the workers and declared the dismissal illegal. (Determination of the Nizhny Novgorod Regional Court dated July 14, 2009 N 33–5168 on the cassation appeal against the decision of the Pavlovsk City Court to satisfy the employee’s demands).
http://labour-contracts.rf/article/341

An important feature of registration of dismissal by transfer for the employer dismissing the employee is the need to follow the procedure for written confirmation by the employee and the employer inviting him of their intentions. To do this, you will need several additional documents: a letter of invitation, an application from the employee, or a notice to the employer of dismissal by transfer with a note of the employee’s consent. Otherwise, the procedure for terminating an employment relationship is no different from the general one.

Dismissal by transfer- this is the termination of an employment contract by transferring an employee to another organization. This basis for termination of labor relations between an employee and an employer is provided for in paragraph 5 of Art. 77 of the Labor Code of the Russian Federation.

Dismissal procedure

The procedure for this type of dismissal is similar to termination of an employment agreement. The difference lies in the entry in the employment record and the impossibility of withdrawing a letter of resignation in the event of a transfer.

Dismissal by transfer at the initiative of the employee is carried out on the basis of an invitation from the new employer and a personal statement from the employee. If the employer agrees, it is published. If the employer disagrees, the employee will have to terminate the employment relationship at his own request.

In case of initiative on the part of the employer, termination of the employment contract occurs by written agreement between the employers, the consent of the dismissed employee and his personal statement.

The advantages of dismissal by transfer include:

a guarantee of employment with an employer who sent a written invitation to an employee to work by transfer within a month after dismissal;
lack of a probationary period with the new employer;
optional work for 2 weeks before leaving (by agreement with the employer).

On the day of dismissal, the order is reviewed, final settlement with the employee, compensation for unused vacations is paid, and a work book is issued.

It should be noted that when the employment relationship is terminated due to a transfer, the employee’s right to leave at the new workplace does not arise immediately, but in the usual manner: after six months of continuous work with the new employer. This period can be reduced by agreement with the employer.

Entry in the work book

When an employment agreement is terminated through a transfer, the following entries are made in the employment record:

“dismissed due to a transfer at his request to (name of the organization - new employer), paragraph 5 of Article 77 of the Labor Code of the Russian Federation” (in the case of the employee’s initiative);
“dismissed by transfer to (name of organization - new employer) with the consent of the employee, paragraph 5 of Article 77 of the Labor Code of the Russian Federation” (by agreement between employers).

Professional relations between an employer and a subordinate, regulated by the labor legislation of the Russian Federation, can be terminated in various ways. One of them is dismissal by transferring an employee to another company. The employer and subordinate are advised to familiarize themselves in detail with the rules and procedure for the process of such dismissal in order to avoid documentary confusion and possible conflict situations.

Features of the dismissal procedure by transfer to another organization

In Art. 72 of the Labor Code of the Russian Federation establishes a provision on the employer’s right to dismiss an employee by transferring him to a new place only if there is a written agreement of the subject or upon an application submitted by him.

The direct process of transferring a subject to another organization is regulated by Art. 77 Labor Code of the Russian Federation.

Art. 80 of the Labor Code of the Russian Federation regulates the procedure for calculating payments to an employee during the dismissal procedure by transfer to a third-party company.

Also, in the event of a change in the director of the company, form of ownership and other positions enshrined in the Labor Code of the Russian Federation, the subordinate has the right to draw up a letter of resignation.

There is often confusion among subordinates and employers regarding the difference between the concepts of dismissal “at one’s own request” and “by means of transfer to a third-party company.” There are significant differences between them.

Thus, when submitting an application on personal initiative, the subject can withdraw the document at any time before immediate dismissal. At the same time, if there is a subordinate’s agreement with dismissal through transfer to another company or his application for this, the withdrawal is unlawful. This is due to the fact that when a subject is transferred to a third-party firm, its management is considered interested in a particular professional. This interest is confirmed by a written request indicating the name of the required specialist.

Thus, dismissal by transfer is the termination of the employment agreement of a particular employee with the current employer and the simultaneous execution of a new agreement with the new manager.

Conditions for dismissal in the order of transfer to another organization

This procedure is voluntary. It involves drawing up an agreement with a new employer. The subject must be aware of all terms and conditions that may change due to his transfer. These may include salary amounts, working conditions, list of responsibilities, etc.

A new employer does not have the right to refuse the employment process if a request for a specific subject was previously sent on behalf of the company. If a new employer refuses to employ a citizen after a request for one, the enterprise will be held accountable. The fine will range from 30,000 to 50,000 rubles. Also, government agencies can suspend the production process for up to 90 days.

The transferred employee, like any other employee, is entitled to annual leave. If 6 months have not passed before the date of transfer from the moment the subject was employed at the current enterprise, leave will not be granted. If an employee has unused rest days, they are not taken into account when transferring to another workplace.

The dates of the last working day in the old position and the first in the new are discussed and agreed upon in advance.

In this regard, the legislator does not provide for a two-week period of work, as with a standard dismissal.

Ways to dismiss an employee by transferring him to another organization

Methods for such dismissal vary depending on the initiator of the transfer:

Pros and cons of dismissal by transfer to another organization

Dismissing a subject in this manner implies some benefits for him:

he will be employed in the new workforce for one month from the date of dismissal. This period for drawing up a new employment agreement is the maximum;
When transferring to a third-party company, there is no probationary period and, therefore, there is no need to work for two weeks.

If a subordinate decides to resign from his position in organization A in favor of company B, he has the right not to justify his choice and not to indicate the reasons for his action anywhere.

For the employer, the main advantage of such dismissal of employees is the absence of the need to pay severance pay, which significantly saves the company money, especially if there is a massive staff reduction.

The disadvantages of this method include:

the employee’s inability to withdraw his resignation letter;
awareness of the issues of dismissal by transfer, since if there are violations, organizations can impose a fine and suspend the work process for up to 3 months.

The procedure for dismissing an employee by transferring to another organization

Dismissal by decision of an employee through transfer to a third-party company involves the following steps:

If the initiator of dismissal is the employer, the stages are largely similar. However, there are some differences:

Two managers negotiate the conditions for transferring an employee from one enterprise to another.
A written notification is drawn up to the subject of the employer's intention to transfer him. The employee is also informed about the amount of salary, job responsibilities and working conditions.

If an employee does not agree with the proposed conditions, employers have no right to force him to transfer.

If the employee has no complaints, he confirms his consent in writing. This is done by marking “I agree with the transfer” on the notice sheet. The subject also enters the date and visa.
A tripartite transfer agreement is drawn up.
The manager of the current organization issues an order to dismiss a specific employee, referring to clause 5, part 1, art. 77 of the Labor Code of the Russian Federation, noting that the employee has no complaints.
The work book and personal card must also indicate that “the employee agrees” and his signature.
Upon completion of the dismissal process, the employee receives his documents, compensation and a certificate from the accounting department about his salary for the previous two years.

Features of compensation for an employee upon dismissal due to transfer to a third-party company

Compensation payments due to an employee who resigns by transfer to another company are divided into:

Salary for days worked.
Payments for unused vacation days. If the initiator of dismissal is the employer, instead of this payment, the employee may be granted leave itself.

When an employee is transferred to another company, severance pay and other compensation payments are not provided.

When providing payments to an entity, the accounting department employee also issues a certificate that records the amount of the salary, taking into account legislative deductions (UST, personal income tax).

All calculations upon the employee’s departure are made on the last working day. If the citizen is not present at work that day, the calculation is carried out after the subject submits an application with a request to receive payments. All necessary funds must be paid to the employee no later than the day following the date of the application.

If the subject is on sick leave, the costs of temporary disability are covered by the current employer.

If an employee receives payments later than the due date or in a smaller amount, he has the right to count on receiving compensation. It is 1/300 of the Central Bank rate. Interest will be calculated in proportion to the undisbursed amount. At the same time, the absence of the required money in the company’s account is not a valid reason for violating the procedure for paying “severance pay”.

Nuances of the procedure for dismissing an employee through transfer to a third-party organization

The main nuances of the dismissal procedure by transfer include the procedure for labor relations with certain categories of employees:

Women on leave to care for a minor child. If during this period a decision is made to liquidate the enterprise (only this method of dismissal is legal in labor relations with young mothers), they may be offered a transfer to another organization. If the woman has no complaints or initiates the transfer, the dismissal proceeds according to the general procedure.
Young professionals. The Labor Code of the Russian Federation fixes a ban on the transfer of young specialists to jobs that do not correspond to the profession they received. If the new position corresponds to the education received, the transfer is legal.
Subjects undergoing a probationary period. If such an employee does not oppose the transfer, dismissal with further employment occurs according to the above algorithm.

Thus, dismissal by transfer to another enterprise is a more complicated option for terminating the employment relationship with an employee. It has a number of advantages for the employee and the employer.