Record of transfer to a permanent place of work. How to arrange a transfer to the main place of work with a part-time job

14.06.2017, 11:07

Part-time work becomes the main one for the employee. He retired from his permanent job and was accepted full-time in the organization where he worked part-time. An additional agreement was signed and an order was issued to transfer it to the main job. Now you need to make an entry in the labor office about the transfer of a part-time job to the main place of work. How to do it right? Our experts will answer this question and offer a sample, using which the personnel officer can easily make the required entry.

The transition of a part-time worker to the main job

When the additional agreement is signed and the order is issued, you can proceed to filling out the work book (for more details, see, "", "").

Depending on whether a part-time job was recorded in the employee's work book, the procedure for making a transfer record will differ.

There is no record of part-time work in the work book

In most cases, a part-time record work book absent. In such a situation, an entry in the employment contract about the transfer of the part-time worker to permanent job it is done as follows (Rostrud letter dated 22.10.2007 No. 4299-6-1):

• in column 3 of the section "Information about the job" make an entry: "Hired (job title and structural unit if any) from (date of commencement of work on a part-time basis). From (date of the beginning of work on a part-time basis) to (date of completion of part-time) worked as a part-time job ";
• in column 4 of the section "Information about work" it is necessary to indicate the details of the order for hiring part-time and the order for admission to the main job.

The record of part-time work has been made

If the record of the part-time job is entered in the employee's work book, then the record in the work record about the transfer of the part-time job will be different (letter from Rostrud dated 10.22.2007 No. 4299-6-1):

• indicate the full name of the organization, as well as the abbreviated name (if any) after the record of dismissal from the previous job;
• in column 3 of the section "Information about work", make an entry: "Work in the position (title of position) from (date of transition of the employee from part-time to full time) has become the main one";
• in column 4 of the section "Information about the work" it is necessary to indicate the details of the order for the transfer of the employee to the main job.

You will need

• - employment contract or supplementary agreement;
• - a statement from a part-time job;
• - employment history;
• - documents on education;
• - order.

Instructions

If the employee works in your organization and is internal part-time, then you can draw up an additional agreement to the contract, indicating in it all the changed clauses of the main contract, new working conditions and wages.

The second option is to issue a dismissal and conclude an agreement on a new labor relationship. If you formalize an internal one by dismissal, then make a full settlement with the employee, make an entry in the employment record of dismissal, receive an application for employment, conclude a new employment contract, issue a dismissal order and then an order for employment, make an entry in the work book.

If an external one, that is, your company for an employee is only a job, and the main work takes place in another organization, then you can agree on the main place of work of a part-time worker and make employment through transfer. Or a part-time worker is obliged to quit his main job for on their own, bring you a work book, educational documents, resign from your company where he worked, submit you an application for employment.

To register a part-time job by transferring by agreement of employers, issue an order in which you indicate that the employee was transferred to a permanent job. Also indicate that the order of Fr. When transferring an external part-time job, you have the right to draw up an additional agreement on permanent and unlimited labor relations to the contract. When transferring an employee from one employer to another another vacation it is saved, and you will pay for it.

Part-time employment is a form of labor relations between an employee and an employer. It can be internal and external. When a part-time worker needs to be transferred to a permanent basis, then this can be done by transfer or dismissal. There is no clear explanation of this in the law. With an internal part-time job, it will be most correct to formalize this procedure through a transfer, with an external one - through dismissal.

You will need

• - employee documents;
• - labor legislation;
• - documents of enterprises;
• - seals of organizations;
• - personnel documents;
• - payroll.

Instructions

When an employee works in two positions in the same company, this is called an internal part-time job. When starting a second job, a permanent employee should write a statement addressed to the director of the company. In it, he needs to express his request for a transfer from a part-time job to the main position.

The application is the basis for amending the terms of an employment contract with a part-time job. This can be done using a supplementary agreement. It indicates what is now the main job. The employee's salary must be set in accordance with the staffing table. An employee registered on a permanent basis has the right to receive full wages.

Draw up an order in the form of T-8. Indicate in it the fact of transfer part-time on permanent basis. Be guided by article 66 of the Labor Code of the Russian Federation. List the conditions of the employment relationship that have changed. Write the personal data of the employee, familiarize him with the order. Verify the document with the seal of the company, the signature of an authorized person.

Life circumstances can force citizens to work in several jobs. One of them necessarily belongs to the main one, and on all the others individuals perform labor duties in their free time as a part-time worker. Part-time work has specific nuances, consisting in the impossibility of carrying out activities in this status in case of loss of the main job. In such a situation, the employer will have to arrange for the employee to transfer from a part-time job to the main place of work. The design of the event has specific nuances that are important to take into account in the process of implementing the procedure.

Transfer of a part-time worker to the main place of work

When there is a need to transfer an employee

The problem associated with how to transfer an employee from a part-time job to the main place of work arises in situations caused by production needs or personal circumstances of the employee. In any case, they are associated with dismissal from the main job.

Algorithm of actions of a cadre employee when making a translation

The causes of the event may be changes in staffing table or insufficient number of orders for the supply of products or services... The volume of work that does not meet the standards may lead to the lack of relevance of the implementation of activities at the main job. Personal circumstances can also lead to the loss of the main place of work. unwillingness to fulfill assigned duties or inconsistency with the position held.

How to arrange a transfer to the main place of work with a part-time job

Changing the status of an employee is possible through dismissal or through transfer.

Personnel specialists prefer to use the first method, since its implementation is clearly regulated by legislation, which leads to the absence of "pitfalls" associated with the consequences of the event. The unpleasant moment of dismissal is the need for the employee to write a letter of resignation, which is not always possible due to the employee's unwillingness to participate in such a procedure. In addition, the unpleasant consequences associated with the loss of social guarantees make this method of changing status unpleasant for the employee. The reasons for his dissatisfaction may be:

• loss of vacation, because instead of granting it at the desired time, the employee is paid monetary compensation;
• the need to work out the allotted time of six months to obtain a vacation;
• appointment of a probationary period.

For the employer, the need to pay compensation for unused vacation days is an additional unplanned financial burden. When transferring, there is no need to fire an employee, which preserves his social guarantees and the organization's financial resources. However, this method of resolving the issue is not provided for in the norms labor legislation, although not forbidden to them. Regulatory legal acts allow changes to be made to contract of employment if both parties agree to it.

Transfer order

Translation implies change job responsibilities for a limited time period or for a period of validity labor contract... To turn a part-time job into a main employee, you need to change it workplace and job duties, which is decided by the execution of an additional agreement.

Read also: What documents are needed when applying for a job

Algorithm of the procedure

The initiator of the transfer is usually an employee who reflects his desire to change his work status by writing an application. Since there is no unified form of the document, it is drawn up in any form. A sample application for a transfer from a part-time job to the main place of work will help to competently draw up the documentation and take into account all sections in it.

The application is made in the name of the head of the company. It should reflect the request to register for the main job for a specific position, provided for by the staffing table, the duties for which were previously performed part-time. You should also indicate the termination of employment, in accordance with which the employee previously carried out activities as the main employee.

The application is submitted to the employer, who imposes on him a resolution making it the responsibility of a personnel specialist to draw up administrative documents on dismissal. The order may contain various reasons layoffs:

• at the personal request of the employee;
• by agreement of the parties;
• hiring another employee for a part-time job.

The issued administrative documentation is the basis for amending the agreements on the labor obligations of the parties. The changes should reflect that the employee's labor activity will be carried out in the status of the main job. It is imperative to make an adjustment to the section on wages, the amount of which will correspond to the full salary, taking into account additional payments. After the signing of the new documentation governing the relationship between the employer and the employee, an order of the unified form T-1 is issued, the topic of which depends on the method of forming labor relations. She can state the recruitment of an employee or the re-registration of relations with him.

How to draw up an additional agreement after the transfer of an employee

The procedure for applying for a job ends with the registration of the employee's personal file and his work book. In situations where earlier, an entry was made in the work book about the conduct of part-time activities, then after the mark of the termination of labor relations at the main place of work, it is necessary to mention that the owner of the book continues to perform the duties of a part-time worker, but his work now belongs to the main categories. The registration data of the relevant documents, which may be orders or additional agreements, should be indicated as substantiating facts. In the absence of entries in the work book, a standard mark is made in it about the hiring of an employee as the main worker.

The transition of a part-time worker to a main place in the same company can be formalized through dismissal or through the conclusion of an additional agreement to employment contract... Filling out the work book depends on when and by whom the entries on the hiring of a part-time worker and his dismissal were made.

In some cases, part-time work in the company becomes the main one for the employee. In the Labor Code, there are no clear instructions on how to properly formalize such a transformation of labor relations. Officials of Rostrud in their letter offer two ways: through the dismissal of the employee or by means of an additional agreement to the employment contract (Rostrud letter dated 22.10.2007 No. 4299-6-1). In the article, we will consider both options and examples of making entries in the work book of a former part-time worker.

We fire and accept again

If the employee agrees, he can be dismissed as a part-time employee, and then taken back to the main place. In this case, a part-time employment contract (Article 282 of the Labor Code of the Russian Federation) is terminated, and a new employment contract is concluded - at the main place of work.

The basis for dismissal, which will be indicated in the employee's work book, may be the termination of the employment contract by agreement of the parties (clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation), since the mutual consent of the employer and the former part-time worker is required to change the type of employment relationship. A part-time employment contract can also be terminated on his initiative (at his own request) (clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation).

The form of entry in the work book of a part-time worker depends on whether information about part-time work has been entered into it or not. Such records are made at the request of the employee and only by the main employer (Article 66 of the Labor Code of the Russian Federation).

A record of the dismissal of an employee as a part-time employee can be made by the former main employer on the basis of the employee's application and a copy of the order for his dismissal as a part-time job. If the employee has not asked to make such a record, then it is made by the new main employer after the employee is hired at the main place. In this case, the chronology of entries in the work book will be lost, but this will not be a violation of maintaining this personnel document.

Example:

Ivanova A.A. From 10.10.2006 worked at the main place in LLC Alpha as “accountant-cashier” and concurrently in LLC Beta from 15.01.2012 as “accountant”. At the request of A.A. Ivanova Personnel officers of Alpha LLC entered the record of her part-time work in Beta LLC in the employee's work book.

In June 2012 Ivanova A.A. offered to move from a part-time job to a main place in Beta LLC, she agreed to start working there as a main employee from 01.07.2012.

First, she resigned from her previous main job at Alpha LLC of her own free will (no entry was made about the dismissal of a part-time job), then at Beta LLC, as a part-time job, she was dismissed by agreement of the parties, after which she was accepted into Beta LLC to the main place.

The record of dismissal from the part-time job is made by Beta LLC.

Entries in the work book of A.A. Ivanova look like below

Example:

Let's use the data of the previous example, but suppose that the record of the dismissal of A.A. Ivanova as a part-time job at her request and on the basis of a copy of the order of dismissal from Beta LLC was made to Alpha LLC.

Example:

Let us use the data of the first example, but suppose that the record of hiring as a part-time job was not made by the personnel officers of Alpha LLC, since A.A. Ivanova. did not wish to make such an entry.

Entries in the work book of A.A. Ivanova look as shown in the example.

Supplementary agreement to the employment contract

Another option for the transfer of an employee from a part-time job to a main job is to conclude an additional agreement to the employment contract on changing the terms of the contract (Article 72 of the Labor Code of the Russian Federation). All changes in working conditions (working hours, wages, etc.) must be indicated in the agreement. After completing the agreement, the manager issues an order (see example below).

The form of entries in the work book depends on whether an entry was previously made about the hiring of an employee as a part-time employee. If the record was not made by the previous employer, the new one must indicate in the record of the employee's admission to the main place the period of his work as a part-time employee. In this case, the date of entry in the work book should be the one from which the actual cooperation between the employee and the employer began, that is, the date of concluding a part-time employment contract. Such recommendations are given by the specialists of Rostrud (Rostrud letter dated 22.10.2007 No. 4299-6-1).

Example:

Let's use the data of the first example, but suppose that A.A. Ivanova. left of her own free will from LLC "Alpha" and, having concluded an additional agreement with LLC "Beta", is reissued from a part-time job to the main employee of LLC "Beta".

Entries in the work book of A.A. Ivanova look as shown in the example.

Example:

We will use the data of the previous example, but suppose that the record of employment in Beta LLC as a part-time job was not made by the personnel officers of Alpha LLC, since A.A. Ivanova. did not wish to make such an entry.

The personnel officer of Beta LLC makes one entry in the work book.

Entries in the work book of A.A. Ivanova look as shown in the example.

Expert examination of the article: Anna Leonova, lawyer at the law firm "Egorov Puginsky Afanasiev & Partners"

Anna Leonova, lawyer at Egorov Puginsky Afanasiev & Partners

Priority Method - Supplementary Agreement

Rostrud in his letter (Rostrud letter dated 22.10.2007 No. 4299-6-1) indicated that termination of an employment contract for part-time work (for example, by agreement of the parties, of their own free will), and then concluding an employment contract with other conditions is possible only with the consent of the employee. In other words, Rostrud gives priority to the method of transferring an employee from a part-time job to the main place of work by concluding an additional agreement to the employment contract with the employee and indicating that the work is the main one for him. This method allows the employee to save, for example, the days of annual paid leave, since in case of termination of an employment contract with a part-time worker, the period for the employee to obtain the right to annual paid leave is interrupted.

Maria Blagovolina, Senior Associate, Allen & Overy

Combining jobs or combining jobs?

Many people confuse part-time work and combination of positions, calling both the one and the other in the same word "part-time". In fact, these two concepts cannot be confused, since in practice they mean different cases... The Labor Code gives a very clear definition of both concepts (Articles 60.1, 60.2 of the Labor Code of the Russian Federation). The key difference is that part-time work involves such work in your spare time. In this case, part-time jobs can be both external (that is, work for another employer, which is quite common; external part-time jobs do not require the consent of the employer, with the exception of the heads of the organization), and internal. Internal alignment posts implies fulfilling additional work during the established working hours. Additional payment is due for combining positions. Examples that are frequently encountered in practice are the combination of the positions of a financial director and a chief accountant.

Dmitry Pelakh, Director of the Financial Consulting Agency

Dismissal and transfer are illegal

Often, an employer, in order to take a part-time job for a main job, first draws up his dismissal. Despite the fact that this is the position of Rostrud, practitioners and specialists in labor law actively dispute this approach. There are no real reasons for the dismissal of a part-time employee who will work in the company at the main place. The employee will not stop working in the company, he will continue to work in it under an employment contract of a different type (the contract will be at the main place, and not part-time). Therefore, it is illegal to formalize such a transition through dismissal. A dismissed employee can always go to court and challenge his dismissal.

It is also wrong to formalize the transition from part-time jobs to the main job through translation. The employee does not change either his job function or a separate structural unit (Article 72.1 of the Labor Code of the Russian Federation).

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Part-time jobs are quite common. Moreover, often employees leave their main place of work for one reason or another and want to become their main job. Does the change happen automatically? Of course not. This is possible only if the part-time employer agrees with this state of affairs and is ready to accept a full-time employee. However, this raises the question: how to arrange everything? After all, the Labor Code does not regulate the “transfer” from part-time jobs to the main place of work. Let's figure it out ...

Labor Code - on part-time work

According to Art. 61 of the Labor Code of the Russian Federation, an employee has the right to conclude labor contracts for performing other regular paid work during his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Features of the regulation of part-time work are determined by Ch. 44 of the Labor Code of the Russian Federation. First of all, we recall that there are categories of workers who are prohibited from combining jobs. For example, these include:

underage workers;

employed in work with harmful or hazardous working conditions, if the main job is associated with the same conditions;

workers whose work is directly related to management vehicles or the movement of the latter, if the same work will be performed concurrently.

The employment contract must indicate that the work is part-time. This condition must be duplicated in the employment order. However, only the employer at the main place of work can make an entry in the work book of a part-time worker.

The duration of the working time in case of part-time work should not exceed four hours a day. During a month (another accounting period), this indicator should not exceed half of the monthly norm of working time (norm of working time for another accounting period) established for the corresponding category of workers.

Remuneration for part-time workers is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract. When he establishes a time-based remuneration system, standardized tasks, labor remuneration is made according to end results for the amount of work actually performed.

Question:

What if an employee quits from the main place of work? Is the part-time job becoming the main place of work?

Answer:

No, it doesn't. Indeed, it turns out that the employee, having no main job, works part-time. But this does not in any way affect the status of a part-time work contract: its terms can be changed only by agreement of the parties.

Whose initiative?

Employees often turn to the main place of work with a request to transform part-time jobs. Usually this happens orally, and then it is drawn up with an application addressed to the head of the organization at a part-time job.

But not only the employee can take the initiative. An employer, having learned that a valuable employee quit his main job, and wanting him to work for him at his main job, can make a corresponding offer.

Offer

about the transition to work

According to the information available in the personnel department, you resigned from the main place of work of IE Shibanov V. In this regard, we suggest that you move to the main job at Zarya LLC. To do this, we propose to terminate the part-time work of 11.04.2015 No. w / n by agreement of the parties on 10.07.2017, and from 11.07.2017 to conclude an employment contract for the main job as an accountant.

I have read the proposal and received a copy. Ivanova, 07.07.2017

The employee can express his consent or refusal by drawing up a separate document - a statement, or indicate his decision with his own hand on the proposal to move to the main place of work.

How to register?

In practice, there are two options for processing personnel documents in connection with the transformation of part-time jobs into the main place of work.

1. With dismissal.

In this case, a part-time employment contract is terminated and a new one is concluded at the main place of work. The advantages of this option are that for the employer everything is clear in the design - two procedures: and reception. This option also has disadvantages. First, for the employee: there is no guarantee that, having been dismissed from his part-time job, he will be hired for his main job; the length of service for granting leave is zeroed; when concluding a new employment contract, it is possible to establish a trial. Secondly, for the employer, this option is fraught with the design a large number documents and payment of certain amounts to the employee.

2. No dismissal.

An additional agreement to the employment contract is concluded stating that the work becomes the main one. With this option, the advantages are obvious. The employee continues to work (there is no threat of losing his job), and the employer only needs to draw up an agreement, make an entry in the work book, and correct internal documents. However, there is a significant disadvantage - it is not clear how to draw up a work book, respectively, the employee may have problems when assigning a pension.

Some specialists issue a transfer order and believe that, having indicated in the order to change the type of work, they have drawn up everything according to the rules. Let's say right away that such a design is not suitable from the point of view of labor legislation, and here's why. By virtue of Art. 72.1 of the Labor Code of the Russian Federation, a transfer is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer.

As a rule, when a part-time worker becomes a main employee, he continues to perform the same job function, just full-time. Accordingly, nothing of the listed in the definition of translation happens - neither a change of function, nor a change of division. Hence, the translation is not applicable here.

Let's take a closer look at the transformation options.

Dismissal - admission

Rostrud in the Letter dated 22.10.2007 No. 4299-6-1 explained that only with the consent of the employee, it is possible to terminate the employment contract for part-time work, and then conclude an employment contract with other conditions.

What basis for dismissal to use in this case? We believe that two grounds are applicable, to choose from:

by agreement of the parties - clause 1 of part 1 of Art. 77 of the Labor Code of the Russian Federation;

at the initiative of the employee - clause 3 of part 1 of Art.

So, if the contract is terminated under clause 1 of h. 1 of Art. 77 in the agreement on termination of the employment contract, indicate:

• the date of termination of the employment relationship;

grounds for dismissal - clause 1, h. 1, Art. 77;

other conditions. For example, you can specify that after the termination of the employment contract, the employer and the employee will enter into an employment contract at the main place of work.

Further, the agreement is signed and the termination of the employment contract is formalized. For this, a dismissal order is issued, with which the employee must be familiarized with signature. Make a record of your dismissal in the appropriate section of your personal card. On the last working day, make the final settlement with the part-time worker - pay the amounts due to him, including compensation for unused vacation... This is important, since it is impossible to transfer unused vacation into the framework of a new employment contract, even if the employee does not actually change his place of work.

Now you can conclude a new employment contract by entering into it all the conditions that you agreed with the employee. For example, you don't need to set up a test - you already know how it works. Based on the signed contract:

issue a job order;

get a personal card;

enter the data of the work book into the book of accounting for the movement of work books and inserts in them;

make an entry in the work book about the admission.

The difficulty will arise at the last stage: how to make an entry in the work book? A really difficult question, since the Instructions for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69, does not contain recommendations for such a situation. However, we believe that the wording of the entry depends on whether a part-time job was recorded earlier or not.

If there is no record of part-time work , then after registering for the main job:

in column 1, indicate the ordinal number of the record;

in column 2 - the date of hiring part-time;

in column 3, make an entry about part-time work;

Below, under the next serial number, make a record of dismissal from part-time work with a link to the order to terminate the employment contract.

If a part-time job record was entered , the record after the transformation of the employment relationship may look like this:

As you can see, the chronology is broken in the records. However, there is nothing wrong with that.

Agreement

The next way to transform part-time work into a main job is to conclude an additional agreement to an employment contract for part-time work. Rostrud, in Letter No. 4299-6-1 dated 22.10.2007, recommended just such a method, indicating that for transformation into an employment contract concluded at a part-time job, it is necessary to make changes (for example, that the work becomes the main one, about changing the regime work and other conditions, if it happened). But this is possible only after the employment contract at the main place of work is terminated.

In the supplementary agreement, it is necessary to describe in as much detail as possible all the changes that will occur to the employee when changing the part-time job to the main job. In particular, indicate:

to change the type of contract;

the date from which the part-time job will be considered the main one;

new conditions for working hours and rest time;

new conditions for wages;

other conditions that the employer has agreed with the employee.

The agreement must be drawn up in duplicate and signed by both the employee and the employer. An order is issued on the basis of the agreement.

On the transition of N.I. Ivanova to the main job

Since July 11, 2017, accountant Natalya Ivanovna Ivanova has been working at Zarya LLC at her main place of work.

Grounds: supplementary agreement dated 10.07.2017 to the employment contract dated 11.04.2015 No. w / n.

I am familiar with the order:

Now you can make changes to your personal card, as well as make an entry in the work book.

If, while working at the main place, a record of a part-time job was not made, the record may look like this.

If the record of hiring a part-time job was made at the same main place, then the record in the work book may look like this.

There are two ways to change the part-time job to the main job: by dismissing the part-time job and accepting him as the main employee, or by concluding an agreement with him that the part-time job becomes the main one. We believe that the second option is much more convenient for both the employee and the employer, since it is easier to arrange.