Work book transfer from part-time job to main place of work. We issue an order to transfer a part-time worker to the main place of work (sample). There are three reasons

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The transfer of an external part-time worker to the main place of work is carried out by agreement of the parties. Such employment is always accompanied by the dismissal of the part-time worker from the previous main place of work. Let's consider the options and procedure for such a translation.

Employment of an external part-time worker at the main place of work

The legislation does not provide clear answers about the procedure for such employment. Such legal relations do not fall under the very concept of translation, because according to Art. 72.1 of the Labor Code of the Russian Federation the following amendment applies to it:

labor function of the employee;
department or other unit in which he worked;
areas where work activities take place.

Therefore, the use of the term “translation” to this change in legal relations is not entirely correct.

Usually there are 2 options for action in such a situation:

1. Drawing up an additional agreement to an existing contract, in which the conditions for external part-time work are changed to the conditions for the main job.

2. Dismissal of an external part-time worker with his subsequent employment at the main place of work.

There may be problems with the first option, since the legislation does not clearly regulate such legal relations. In particular, questions may arise about the preparation of the entry in the work book provided for by the relevant standards, etc.

The second option seems to be the most suitable in this situation, since it has a clear legislative basis and is easily documented. But the right to choose remains with the parties to labor relations. Therefore, next we will consider the details of using both options for transferring an external part-time worker to the main place of work.

We recommend that you familiarize yourself with the documentary support for employment in the article.

Drawing up an additional agreement

To document the relevant changes in the legal relationship between the employee and the employer, the following steps should be taken:

1. The parties draw up and sign an agreement on amendments to the employment contract with the employee, which specifies the following:

the employee’s main job;
effective date of the changes;
certain provisions that previously applied to part-time work have become invalid;
other provisions related to the regulation of the employee’s labor at the main place of work.

2. The employee must give the employer a work record book with a record of dismissal from the previous place of main work.

3. The employer needs to issue an order that the employee is hired for the main job and the external part-time job is terminated.

These 3 steps are basic. Additional actions will be:

making a corresponding entry in the employee’s personal card and familiarizing him with it against his signature;
making an entry about employment in the work book.

The specific entry in the work book depends on whether the previous employer indicated information about part-time work. Depending on this, the following options are possible:

in the absence of the specified entry, an employment record must be made from the date of commencement of the main job with the new employer;
if the specified entry is available, an entry should be made stating that as of a certain date, the work became the main one for the part-time employee.

The indicated options were proposed by Rostrud in a letter dated October 22, 2007 No. 4299-6-1.

Dismissal of a part-time worker with subsequent employment

To apply this method, the employee must first be fired. To do this, it is advisable to use one of two methods of dismissal:

By agreement of the parties (Article 78 of the Labor Code of the Russian Federation). As follows from this norm, this basis can be applied at any time with the consent of the employer and employee.
According to the employee’s statement that he has a desire to quit (Article 80 of the Labor Code of the Russian Federation).

The procedure for applying these grounds is usual. In other words, the fact that a part-time worker will be transferred to the main job through such dismissal does not affect the dismissal procedure.

Then, an employment contract for work at the main place is drawn up, signed and comes into force between the employer and the employee. The next step is to issue an order on the employment of the employee. Based on this order, an entry is made into the work book about hiring.

We will look at the employment procedure in more detail in the next subsection. Regarding the issue of dismissal, it is important to know the following.

The length of service giving the right to leave at the main job will not depend on the length of service of the part-time worker before dismissal. Therefore, upon dismissal, you should fully settle accounts with the employee on this issue, and, if necessary, pay him compensation for unused vacation.

If the work book does not contain information about part-time work, then an entry about the dismissal of a part-time employee should not be made in it. If there was such a record, then the document must include information about the dismissal of the part-time employee.

Employment procedure for a dismissed part-time worker

When concluding an employment contract, an employee applying for a primary job must present:

ID card (passport);
work book;
insurance certificate OPS and other documents provided for in Part 1 of Art. 65 Labor Code of the Russian Federation.

Before signing an employment contract, a new employee at his main place of work must be familiarized with the documentation regulating his work activity (Part 3 of Article 68 of the Labor Code of the Russian Federation). In particular, you need to familiarize yourself with:

with internal labor regulations;
the procedure governing the use of personal data;
regulations on remuneration (if any);
documentation on labor protection;
job description, etc.

It is important that the employment contract is signed after reading these documents, and not before.

The employment contract itself must be drawn up in writing in 2 copies. One signed copy will remain with the employer, the other will be given to the employee.

Employment at the main place of work can be formalized under either a fixed-term or an open-ended contract. As a general rule, an open-ended contract is concluded.

If the contract is fixed-term, then when concluding it all conditions and formalities provided for in Art. 58 and 59 of the Labor Code of the Russian Federation. It is important to know that the conclusion of such an agreement in cases not specified in Art. 59, prohibited.

Employment must be accompanied by the publication of a corresponding written order from the employer, which the employee familiarizes himself with under his signature.

Entry in the work book

Making an entry in the work book is a mandatory stage in an employee’s employment, which cannot be ignored or left “for later.”

The corresponding entry is made in the “Work Information” section of the work book. When filling out this document, the following order must be observed:

in gr. 1 enter the serial number of the entry;
in gr. 2 digits indicate the date of employment, for example: “11/30/2017”;
in gr. 3 reflects the name of the organization (full and abbreviated, if any), as well as records about the structural unit and job title;
in gr. 4 reflects the details of the employment order.

After completing these records, the employer should familiarize the employee with them, recording this fact in the work book and in the personal card in form No. T-2.

IMPORTANT! The employer, in accordance with the law, is responsible for the correctness and timeliness of registration of work books. A violation in this area may become the basis for liability under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Results

It is not entirely correct to call the employment of an external part-time worker at the main place of work a transfer, since the concept of transfer in the Labor Code of the Russian Federation is given a slightly different meaning.

There are 2 ways to register. The first is accompanied by the conclusion of an additional agreement, according to which the conditions on external part-time work lose force, and the conditions on the main job, on the contrary, enter into it. The second option is accompanied by the dismissal of the part-time worker and his subsequent employment in the main job.

Both options have their own design subtleties. If in the second case the general procedure for dismissal and hiring is applied, then in the first it is possible to use methods proposed by Rostrud, but not established by law. Therefore, the second option, regulated by the norms of the Labor Code of the Russian Federation, is considered preferable.

If a person during the working day, for example, from seven in the morning to four in the afternoon, does the work of a journalist, and from five in the evening to nine in the evening works as an editor, this means that he performs the work of an editor part-time. If the duties of both a journalist and an editor are performed at the same enterprise, we are talking about an internal part-time worker, but if in order to work as an editor, a person has to go to another organization, we are talking about an external part-time job.

Features of the work of part-time workers

So, from the example given above, it is clear that by performing any work in addition to the main job, a person becomes a part-time worker. The features of such labor duties are described in Chapter 44 of the Labor Code of the Russian Federation.

In short, a part-time worker is the same employee as any other main employee of the enterprise, with the exception that he must perform part-time work strictly in his free time from his main activity. That is, if a person is registered in one organization in a certain position from nine in the morning to seven in the evening, from five in the evening he cannot fulfill any labor obligations either in another organization or in the same one - except perhaps to perform combination work that are processed and paid for completely differently.

The law does not limit a part-time worker in the number of jobs or working hours, but it is clearly stated that the working hours of a part-time worker cannot exceed half of the working norm for the main job. That is, if working as a journalist, our part-time worker works one hundred and sixty hours a month, he cannot, while doing part-time work as an editor, work more than eighty hours in this position. However, the law does not prohibit him, for example, from working seventy hours a month as a part-time editor and another forty hours as a part-time accountant.

Applying for a part-time job

With the exception of restrictions on the number of working hours and performing part-time work only in free time, a part-time employee has the same rights and guarantees as main employees. And that means the same responsibilities.

Therefore, the labor relations of the part-time worker and the employer are regulated by generally accepted documents: an employment contract.

The agreement is drawn up and concluded on a general basis and according to the general rule:

a part-time worker writes a job application and brings the necessary documents (copy of passport, education documents);
the employer and the part-time worker sign an employment contract, which contains a note indicating that this is a part-time contract;
the employer issues an order or directive to the enterprise regarding the hiring of a part-time worker. At the same time, the word “part-time worker” may not appear in the order; it is simply noted that the employee was hired, for example, at 0.5 or 0.4 rates.

After completing the necessary documents, at the request of the employee, a corresponding entry can be made in the work book. Since all work books are stored at the enterprise where the employee works in his main position or profession, and are not issued to employees, a note about part-time work must be made in the personnel department of the enterprise where the main work is performed. To do this, the part-time worker must provide a certificate stating that he works part-time, which must indicate the name of the organization, the position of the employee and the details of the order under which he was hired.

Transferring a part-time worker to a permanent job

If a part-time worker quits his main job (be it an external or an internal part-time job), then his former part-time job becomes his main one.

Even if he remains working at half or quarter rate. Naturally, such a transition must be completed and executed correctly so that there are no problems for either the employee or the employer.

One of the controversial issues of labor legislation is how to register a part-time worker when transferring to the main job, so that this is correct and in full compliance with the law, since the Labor Code does not give clear instructions in this regard. Therefore, employers choose one of two options:

dismiss an employee and rehire him;
sign an additional agreement to the employment contract.

Dismissing an employee and rehiring him

Using this transfer option, the employer terminates the employment contract with the part-time worker, a corresponding entry is made in the latter’s work book, and then a new employment contract is signed - this is the main one - an order is issued for the enterprise and a new entry is made in the work book.

p>Employers are not too fond of transferring a part-time worker to a permanent job in this way, because upon dismissal, the employee is required to pay compensation for unused vacation days, as well as all benefits and allowances due. The employees are not too happy with this transfer either, because now they are considered newly hired employees and must work the required six months before they can go on vacation; in addition, the employer can set a probationary period for the employee.

There is another difficulty in using this method: the employer can fire a part-time worker provided that he is replaced by a main employee only if an open-ended employment contract has been signed or if the fixed-term employment contract has expired.

Transfer of a part-time worker to a main employee by signing an additional agreement or amendments to the employment contract

By law, an employer can transfer an employee:

to another organization (structural unit);
to another region (city, region) together with the enterprise;
to another job within the same enterprise.

It is the last point that supporters of the transfer method rely on by signing an additional agreement or changes to the employment contract. Since the law mentions another job, but does not provide a definition of the concept, a part-time worker becomes the main employee of the enterprise in a different main position than he previously had.

In this case, the employee writes an application requesting a transfer, changes to the contract or additional agreement are drawn up, and the person continues to work, for example, in the same position, but with a larger number of working hours.

True, in order to carry out such a transfer, an entry about part-time work must be made in the work book. Then the entry “Part-time work has been terminated” will be added to it. Hired for such and such a position.”

It is worth noting that from the point of view of specialists, this transfer option remains quite risky, since if the employee’s job responsibilities have not changed, the transfer is considered imperfect, even if his position now sounds different.

Question

Hello! please tell me, can I transfer an employee from an internal part-time job to an internal part-time job, but to a different position?
Let me describe the situation: we have an employee working at the basic rate and part-time in another position. Now we have a need to transfer him to another position on an internal part-time basis, without changing the main salary and position according to it. Can this be done by translation? Or I need to fire a part-time employee and hire him again, also part-time.
Thank you

Answer

Yes, you can transfer an employee. In all cases, transfer to another job is formalized by an additional agreement to the employment contract. The agreement is drawn up in two copies and signed by the employee and the employer. One copy is given to the employee, and the employer’s copy is marked with the appropriate mark, certified by the employee’s signature (Articles 72, 67 of the Labor Code of the Russian Federation).

Then the corresponding order (instruction) of the employer is issued.

Information about the transfer to another permanent job is entered into the work book (Rules for maintaining and storing work books, producing work book forms and providing them to employers (approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225)). The transfer record is made on the basis of an order (instruction) of the employer no later than a week and must exactly correspond to the text of the order (instruction). The employer is obliged to familiarize the employee with the entry about the transfer against signature in his personal card, which repeats the entry made in the work book.

Translation Features

The specifics of the transfer depend on what type of part-time employee the employee was..

With external part-time

A position inherited by , can become the main one only if the employee is fired from his previous place of work, which is his main (main) place of work.

Re-registration is carried out through the signing of an additional agreement and the issuance of a corresponding order (based on Article 72 of the Labor Code). The legislation does not provide for a unified form for such re-registration, therefore a standard form is used that is used when hiring an employee for a vacant position (T-1).

With internal part-time

A position assigned to a job can be retrained into the main job in two ways:

With an employee at the main and additional workplace, and then he is hired to work in the place previously occupied on a part-time basis. In this case, all orders are issued within one business day. During the same period, notes are made in the work book.
The contract with the employee at the main workplace is terminated. Then the contract concluded for part-time work is supplemented by a separate agreement changing the terms of the contract.

It should be noted that dismissal from both places at once is not welcomed by employers and causes dissatisfaction among employees.

The obvious disadvantages of this method are:

Loss of what you have already earned. Instead of paid days off, the employee receives monetary compensation.
Possible employment at a new place of work and restrictions on receiving leave. To rest, an employee will have to work for at least six months, and exceptions are provided only to certain categories of employees (for example, already pregnant employees).
Mandatory calculation of compensation payments for unused vacation days (and this is an additional burden on the budget of an organization or enterprise).

Translation stages

Both with internal and external part-time work, the initiator of the transfer is often the employee himself. He must submit a corresponding application to the management of the organization or enterprise.

Such a statement is always drawn up in free form and contains the full title (on the registration of labor relations at the main place of work).

Example document text:

“Due to the fact that I quit my main job on June 28, 2016, I ask you to formalize an employment relationship with me as a main employee.”

The order of dismissal from the main place of work may indicate various reasons:

another employee. This opportunity is provided for employers by Article 288 of the Labor Code. If a person appears who expresses a desire to find a job and this workplace will be his main one, the employer notifies the part-time worker of the upcoming termination of the contract within two weeks.
Both interested parties agreed to terminate the contract (in accordance with Article 78 of the Labor Code).
The employee himself decided to stop working on the basis of Article 77 of the Labor Code (point three).
The work book must contain a reference to the details of the order (its number and date of publication), as well as to the corresponding article of the Labor Code.

After receiving the application, the employer must change the terms of the contract concluded at an additional workplace (for part-time work).

The main change is the introduction of new wording, which sounds like “this work is the main one.” It is also necessary to reflect in the agreement changes in clauses relating to remuneration. An employee hired at the main place of work must receive full pay (if part-time, he received half the rate, since he worked no more than four hours a day).

After the agreement is signed by both parties, management issues an order confirming the re-registration of the employment relationship with the employee specified in the document.

The entry form in the work book is entered in accordance with the Letter of Rostrud under number 4365-6-1:

If the fact of part-time work has already been noted in this document, there is also a record of dismissal from the main place of work. Below, a note is made that the employee continues to work in the part-time position, but his work is now considered the main one (the number and date of signing the additional agreement are indicated).
If the book does not contain a note about part-time work, it is indicated that the employee has been hired at the main place of work.

Transfer of the Chief Director

To transfer a chief director holding a part-time position, it is necessary to obtain the consent of the founders or founder.

Transfer, as in the case of ordinary employees, can be carried out in two ways:

through dismissal followed by hiring to a vacant position;
through changing the terms of an existing contract (signing).

The agreement is signed with the person who previously hired the director (usually a representative of the team elected at a general meeting).

Who can't be transferred?

In some cases, the transfer cannot be carried out. This applies, first of all, to citizens who want to move from their main job to an additional job that they got part-time.

In such a situation, you must first quit at your main place of work, and then get an additional job as your main one (the additional place becomes the main one through the signing of an additional agreement).

The dynamics of the modern world do not allow you to relax, and over time, searching for a job becomes routine. Some spend weeks and months waiting for a suitable vacancy as their main place of work, others try to find one. In both the first and second cases, finding an acceptable activity with an optimal level of income is very problematic. Frequent layoffs lead to the fact that part-time work becomes the only place of work, and there may be a need to re-register due to the employee’s desire to work in the company as a primary employee. What should you do when faced with such a situation? In accordance with the law, special conditions for employment are established for part-time workers. For this reason, when transferring an employee, it is worth considering such aspects. They will allow you to transfer a part-time worker to a permanent job relatively quickly and without much difficulty. Let's consider the main possibilities contained in the legislation.

Methods for transferring a part-time worker

If an employee quits and expresses a desire to become your permanent employee, then you should carefully consider the registration process. You cannot transfer an employee who does not have reliable evidence of not having a main job. It is legally established that a citizen is prohibited from having two main jobs.

As a rule, in most cases, two common options for transferring a part-time employee are used. Each of them is convenient in one situation or another. To choose the right path, it is advisable to familiarize yourself with both methods.

Registration through dismissal

The main feature of the first method is the termination of the previous employment contract (that is, part-time employment) in order to conclude a new one. It specifies all the requirements that arise with a change of status in the company. The employee and the employer enter into a new permanent relationship, the beginning of which will be considered the date specified in the contract. In order to carry out this procedure correctly, we will consider the process step by step.

The first step is to fire the employee as a part-time employee. The procedure for action in such a situation was described by Rostrud in its Letter No. 4299-6-1 dated October 22, 2007. For this purpose, the Labor Code (hereinafter referred to as the Code) provides two options:

by agreement - an agreement is signed with the employee on the upcoming termination of the employment contract in accordance with Articles of the Code 78 and 77 (clause 1 part 1);
at his own request - the employee must submit a letter of resignation - Articles of the Code 80 and 77 (clause 3 part 1).

It is definitely worth considering the fact that upon dismissal, the employer is obliged to make all calculations that are established in accordance with the law (Code, Article 84.1). In addition, it is important to calculate and pay compensation for the vacation period that was not used. Only after completing these steps can you proceed to the next step - registration.

Now you need to register the employee in the usual way at the main place of work and continue cooperation in a new capacity.

When using this method, it will not be superfluous to know some of the features that are inherent in it. Let's look at the two most important points:

vacation experience;
work book (hereinafter referred to as work book).

Regarding the “vacation” period, it is worth noting that it will be calculated from the moment the employee is accepted to the main place of work (from the date of signing a new employment contract). The labor situation is as follows. If there is no mark about part-time employment, then there is no need to make an entry about dismissal. After marking your dismissal from your previous main job, you just need to enter information about the new one. If there is a record of part-time work in the employment record, then after the information about dismissal from the previous main job, the following should be entered:

column three – abbreviated and full name of the organization;
column one - in it you must indicate the serial number of the entry that is being made;
column two – the date of dismissal from part-time work is indicated opposite the entry number;
column three - the reason for the dismissal is placed opposite the date, it is also necessary to indicate the relevant article (including part and paragraph) of the Code;
Column four is for information about the order; you need to write the word “Order” and the corresponding number and date of the document confirming the dismissal.

These records are certified by a company employee who is responsible for preparing work books, or by an individual entrepreneur (employer). The employee does not have to sign. After this, you can enter information regarding hiring.

Translation by drawing up an additional agreement to the main agreement

The second method, which can be used when transferring a part-time worker to a permanent job, involves concluding an additional agreement to the current contract. When using the presented option, you should do the same as in the first case, that is, adhere to a certain sequence of actions. The registration process begins with the employee providing a list of papers specified in the Code (Articles 65 and 66 paragraph 3). It includes:

labor;
information about wages for the current and two previous years (certificate of salary amount), the need for it may arise when calculating benefits - maternity or child benefits - if the employee wants to account for the corresponding payments from the previous employer;
2-NDFL (certificate) for the current year, which must be from the previous place of work, as well as documents confirming the rights to any deductions for personal income tax (these documents are provided if the employee expects to receive the corresponding deductions);

The next stage is concluding an agreement. In accordance with the opinion of Rostrud, which was set out in Letter No. 4299-6-1 dated October 22, 2007 and with the Code, Article 72, the document should indicate that:

starting from the day included in the agreement, the work is considered the main one;
the terms of the contract for part-time work are declared invalid from the specified date;
changes are made to the contract that correspond to the fact of the transition to the main place of work (daily hours, duration of work, wages, etc.).

It is also important to indicate the effective date of the signed agreement. This date will be considered the start date of work at the main place. After completing the agreement, an Order must be issued. The fact of the employee’s transfer to the main place is recorded in any form. The entry on your personal card (Form N T-2) is also important. It indicates the re-registration of the employee. This is implemented by making a mark in the “Type of work” column (can be next to it) with the following content: “from ... (the day the agreement is signed) the work is the main one.”

The employee must confirm that he has read these changes with his signature. Now it is important to reflect the transition to the main place in the workforce. Here you need to consider whether there is a record of part-time work made by the previous employer (at the main place). If there is no such mark, then according to the explanations of Rostrud from the Letter of October 22, 2007 number 4299-6-1, it is recommended to act as follows. The following data is entered into the “Job Information” section:

column two – start date of part-time work;
column three – a note about the position or profession for which the employee was hired, period (“Hired for the position _______, from ___ to ___ part-time work”);
column four – number and date of the issued Order.

If there is a mark on part-time work, the following data is recorded in this section:

column two – the employee’s start date of work at the main place (it is indicated in the agreement);
column three - a note indicating that the specified part-time job has become the main place of work, date:
Column four - number and date of the Order on registration of the employee for the main job.

After carrying out the described manipulations, you can begin interaction with the employee on new terms. When drawing up an agreement, it is important to include in it the main points that are required by law. From the date fixed when signing the agreement, the new status (type of work) will be considered valid. When re-registering, the second method is the easiest. The process is much simpler and takes less time.

In addition, the employer does not need to calculate vacation pay that was not used (“dismissal pay”). For the employee, it will be important that when re-registering using the second method, the vacation period is not interrupted. This allows you to avoid waiting six months after being hired to receive the legal right to rest. Simplicity and convenience make it possible to resolve the issue of transferring a part-time worker to a permanent job in a short time. In the process of searching for the most profitable job, people try many options. Part-time activities have ceased to be something unusual lately. More and more people want to change not only their lives, but also their level of income. Proper execution of each stage of the activity will allow you to feel confident in the process of communicating with the employer.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

You decide for yourself how to transfer part-time workers to main employees. Please note that the second method – transfer using an additional agreement – is not provided for by law and can create difficulties when calculating insurance or pension experience. Nevertheless, employees prefer it when they do not want to write a letter of resignation, lose the right to vacation, etc. Registration through dismissal and hiring fully complies with the law, but often causes concerns among part-time workers.

In the process of searching for the most profitable job, people try many options. Part-time activities have ceased to be something unusual lately. More and more people want to change not only their lives, but also their income levels. Proper execution of each stage of the activity will allow you to feel confident in the process of communicating with the employer.

Transfer of the General Director

To transfer a chief director holding a part-time position, it is necessary to obtain the consent of the founders or founder. The transfer, as in the case of ordinary employees, can be carried out using the same methods above.
The agreement is signed with the person who previously hired the director (usually a representative of the team elected at a general meeting).