We issue an order to transfer a part-time worker to the main place of work (sample)

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Published: 07/22/2016

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Transferring an employee from a part-time job to his main place of work presents certain difficulties for personnel department employees - this procedure has its own characteristic features that must be taken into account when documenting the transfer.

It is much easier to fire a person first and then conclude a new contract with him . However, in this case, the employee’s rights will be infringed - he will lose the vacation period provided by law and other equally important social guarantees and benefits.

The main difficulty is that the transfer procedure or its procedure is not fixed at the legislative level. It is also a problem to make the correct notes in the work book.

• Legislation
• Features of translation For external part-time work
• With internal part-time

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 “How is hiring an employee formalized?”

Translation: general points

Rostrud officials propose to consider part-time work a special condition of an employment contract (Article 282, paragraph 4 of the Labor Code of the Russian Federation), and not its separate type, despite the fact that Art. 57 of the Labor Code of the Russian Federation, part-time work is not mentioned as a mandatory condition included in the employment contract. Moreover, if an employee quits his main place of work and is listed as a part-time worker in the organization, it is impossible to automatically recognize him as a new main place of work, because to change the terms of the employment agreement, bilateral consent is required (Article 72 of the Labor Code of the Russian Federation).

Question: A local act of the organization establishes the payment of a bonus for continuous work experience. An employee employed in an organization on an external part-time basis quit his main job. By agreement of the parties, he was transferred to the main employees through the “Dismissal - Hiring” procedure. Subsequently, the employer refused to pay this employee a bonus for continuous service in the organization. Are the employer's actions legal? View answer

Registration of an external employee as permanent through transfer, as the legislator understands it in Art. 72.1 of the Labor Code of the Russian Federation, can be considered at least controversial, and even illegal, since there is no permanent or temporary change in the functions of the employee or his structural unit. There is no situation here of moving to work in another area together with the employer. In this case, the actual translation is formalized with the obligatory conclusion by the parties of an additional agreement. Such a step will also suit Rostrud officials: the terms of the labor agreement have changed, they are fixed in writing by an additional agreement.

Let us clarify: here we are considering a situation in which an employee, moving to the main place, will perform the same functions that he previously performed externally. Otherwise, it would indeed be advisable to first fire the part-time worker and then hire him to a new position, under a new employment contract, in order to reduce the risk of problems during inspections.

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 hand over to the employer a work 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.

Transition order

Experts advise first of all to ask the part-time worker to write an application requesting inclusion in the main staff, thus recording his agreement with the changes in the terms of the employment contract. After the manager’s visa, the consent becomes bilateral in nature (Article 72 of the Labor Code of the Russian Federation).

Question: How to register an employee for the main place of work if he previously worked in the organization as an external part-time worker? Will it be a transfer or hiring as a new employee? View answer

The next step is the publication of an order (instruction) from management on changes in the status of the external part-time worker. The document must indicate that the work of the external part-time worker will become the main one from the named date.

Then an additional agreement on changing the contractual terms is drawn up and signed. Any employment contract, regardless of the type of document, can be amended (letter of Rostrud 4413-6 dated 10/31/07), therefore, there are no restrictions regarding the contract concluded with an external part-time worker. In the additional agreement, in addition to the mandatory indication of the nature of the work: main, changes to the work schedule can also be made if they occur.

Advice: before starting registration, check whether the employee quit his previous main job and whether there is such an entry in the work book (letter of the labor inspectorate No. 4365-6-1 dated 10/26/07).

An entry in the work book about the transition to the main place of work from a part-time job is made by a HR specialist. He may encounter two situations:

1. A record of part-time employment at the place of the previous main job was made in the work book. This is the responsibility of the “main” employer if the employee has expressed such a desire and provided documents confirming this fact (Regulation No. 225, paragraph 20).
2. The work book contains no information about part-time work.

In the first case, the personnel officer needs to record the fact that the citizen’s work in the position has become the main one since a certain date. Rostrud specialists suggest using phrases like: “Part-time work (on a part-time basis) has been stopped, continues to work as the main employee.”

If there is no record from the previous job, it can be added during the transfer (letter of the labor inspectorate No. 4299-6-1 dated 10/22/07). The record must contain information about the name of the organization in full and abbreviated form, about the employee’s hiring from the designated date, and about the period of the citizen’s work as an external part-time worker. Be sure to indicate the dates of relevant events and links to details of orders for the organization.

The legislator has not determined the mandatory wording that must be contained in the work book. This gives rise to different interpretations, and often disputes between local personnel service officials.

Results and conclusions

Registration of a former external part-time worker for the main position is possible according to the scheme “dismissal from part-time workers - admission to the main ones”, however, this path may be disadvantageous to the parties to the contract.

It's easier to make the transition without being fired. For such a transfer to be legal, it is necessary to sign an additional agreement (written) between the former part-time employee and management, containing updates to the existing employment contract. The agreement is concluded on the basis of an employee’s application, with the issuance of a personnel order. The work book contains information about the end of part-time work and the continuation of the employee’s activities as the main one. If information about additional work was not previously entered into the part-time job, a general entry is made about the employment from a certain date and the period during which the citizen worked as a part-time job is recorded.

Legislative acts do not contain mandatory wording for such records.

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.

What is meant by part-time work?

Part-time employment is an option for secondary, but at the same time regular, employment of a citizen.

Such activities also oblige the latter to conscientiously perform the relevant duties. However, in this case, you will need to work not according to the schedule drawn up for your main job, but during the period free from it.

In case of part-time work, the relationship between a citizen and his employer is regulated in a standard manner.

In other words, there is also an employment contract here, drawn up separately. The main difference from a regular agreement is the note that the work is carried out in a combination manner.

At the same time, with the start of activity, a person acquires the same guarantees that main employees have, including the right to receive wages for the duties performed.

Article 60.1 of the Labor Code of the Russian Federation. Part-time work (.docx)"

Based on Article 60.1 of the Labor Code of the Russian Federation, there are 2 types of part-time work:

1. internal - working as a part-time employee and as a main employee in one company;
2. external - performing duties within the framework of secondary employment with another employer.

Performing regular work as a part-time worker fully complies with the provisions of the law.

The rules governing this form of activity are recorded in Chapter 44 of the Labor Code of the Russian Federation.

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.

Labor Code - about part-time work

According to Art. 61 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform, in his free time from his main job, other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job).

The specifics of regulating the labor of part-time workers are determined by Ch. 44 Labor Code of the Russian Federation. First of all, let us remind you that there are categories of workers for whom part-time work is prohibited. For example, these include:

those employed in work with harmful or dangerous working conditions, if the main work involves the same conditions;

employees whose work is directly related to driving or driving vehicles, if similar work will be performed part-time.

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

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

Payment for part-time workers is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract. When he establishes a time-based wage system and standardized tasks, wages are paid based on the final results for the amount of work actually completed.

Question:

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

Answer:

No, it doesn't. Indeed, it turns out that the employee, without having a main place of work, works part-time. But this does not in any way affect the status of the part-time work agreement: its terms can only be changed by agreement of the parties.

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.

Read more about the procedure for filling out this form in the material “Instructions for filling out work books.”

We recommend that you familiarize yourself with the innovations in this area in the article “Electronic work books - all the pros and cons.”

Whose initiative?

Employees often ask to transform their part-time job into their main place of work. This usually happens orally, and then is formalized in an application addressed to the head of the organization at a part-time job.

This is important to know: How to write a letter of resignation without work: sample 2021

But not only the employee can take the initiative. An employer, having learned that a valuable employee has left his main place of work, and wanting him to work for him at his main place of work, can make an appropriate offer.

According to the information available in the HR department, you resigned from your main place of work, individual entrepreneur V.V. Shibanov. In this regard, we suggest that you switch to your main job at Zarya LLC. To do this, we propose to terminate the employment contract for part-time work dated 04/11/2015 No. b/n by agreement of the parties on 07/10/2017, and from 07/11/2017 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

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

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

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 regulations. Therefore, the second option, regulated by the norms of the Labor Code of the Russian Federation, is considered preferable. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Career

The transition of a part-time worker to the main position in the same company can be formalized through dismissal or through the conclusion of an additional agreement to the 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 a company becomes the main job for an employee. There are no clear instructions in the Labor Code on how to correctly formalize such a transformation of labor relations. Rostrud officials in their letter propose two ways: through dismissal of the employee or through an additional agreement to the employment contract (Rostrud letter dated October 22, 2007 No. 4299-6-1). In the article we will look at both options and examples of making entries in the work book of a former part-time worker.

We fire and hire again

If the employee agrees, he can be fired as a part-time worker, and then rehired in the main position. In this case, the 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 termination of the employment contract by agreement of the parties (Clause 1, Part 1, Article 77 of the Labor Code of the Russian Federation), since to change the type of employment relationship, mutual consent of the employer and the former part-time worker is required. The employment contract of a part-time worker can also be terminated on his initiative (at his own request) (clause 3, part 1, article 77 of the Labor Code of the Russian Federation).

The form of entry into the work book of a part-time worker depends on whether information about part-time work was entered into it or not. Such entries 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 worker can be made by the former main employer based on the employee’s application and a copy of the order on his dismissal as a part-time worker. If the employee did not ask to make such an entry, then it is made by the new main employer after hiring the employee 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 the maintenance of this personnel document.

Example:

Ivanova A.A. worked in the main position at Alpha LLC from October 10, 2006 in the position of “accountant-cashier” and part-time at Beta LLC from January 15, 2012 in the position of “accountant”. At the request of Ivanova A.A. HR officers of Alpha LLC made an entry in the employee’s work book about her part-time work at Beta LLC.

In June 2012, Ivanova A.A. offered to move from a part-time position to the main position at Beta LLC, she agreed to start working there as a main employee from 07/01/2012.

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

A record of dismissal from a part-time job is made by Beta LLC.

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

Example:

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

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

Example:

Let's use the data from the first example, but assume that the entry for employment as a part-time worker was not made by the personnel officers of Alpha LLC, since Ivanova A.A. did not express a desire to make such an entry.

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

Additional agreement to the employment contract

Another option for an employee to transfer from a part-time job to his main job is to conclude an additional agreement to the employment contract to change the terms of the contract (Article 72 of the Labor Code of the Russian Federation). The agreement must indicate all changes in working conditions (working hours, salary, etc.). After formalizing 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 hiring the employee as a part-time worker. If the entry was not made by the previous employer, the new employer must indicate in the entry on the employee’s employment at 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 Rostrud specialists (Rostrud letter dated October 22, 2007 No. 4299-6-1).

Example:

Let's use the data from the first example, but assume that Ivanova A.A. resigned from Alpha LLC at her own request and, having concluded an additional agreement with Beta LLC, is re-registered from a part-time employee to the main employee of Beta LLC.

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

Example:

Let's use the data from the previous example, but assume that the entry for employment at Beta LLC as a part-time worker was not made by the personnel officers of Alpha LLC, since Ivanova A.A. did not express a desire to make such an entry.

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

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

Expertise of the article: Anna Leonova, lawyer at the law firm “Egorov, Puginsky, Afanasyev and Partners”

Opinion 1:

Anna Leonova, lawyer at the law firm “Egorov, Puginsky, Afanasyev and Partners”

Priority method - additional agreement

Rostrud in its letter (letter of Rostrud dated October 22, 2007 No. 4299-6-1) indicated that termination of an employment contract for part-time work (for example, by agreement of the parties, at one’s own request), 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 transition of an employee from a part-time job to his main place of work by concluding an additional agreement to the employment contract with the employee and indicating that the work is his main one. This method allows the employee to save, for example, days of annual paid leave, since in the event of termination of the employment contract with a part-time worker, the period for the employee to obtain the right to annual paid leave is interrupted.

Opinion 2:

Maria Blagovolina, senior lawyer at Allen&Overy

Part-time or combination of positions?

Many people confuse part-time work and combining positions, calling both of them with 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 working during your free time. In this case, part-time work can be either external (i.e. working for another employer, which is quite common; external part-time work does not require the consent of the employer, with the exception of the organization’s managers), or internal. Internal combination of positions involves performing additional work during the established working hours. Additional pay is required for combining positions. Examples often encountered in practice are combining the positions of financial director and chief accountant.

Opinion 3:

Dmitry Pelakh, director

Dismissal and transfer are illegal

Often, in order to hire a part-time worker to the main position, the employer first formalizes his dismissal. Despite the fact that this is the position of Rostrud, practitioners and labor law specialists actively dispute this approach. There are no real grounds for dismissing a part-time worker who will work in the company at his main location. The employee will not stop working for the company, he will continue to work in it under a different type of employment contract (the contract will be for 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 incorrect to formalize the transition from part-time work to the main job through a transfer. The employee’s job function and separate structural unit do not change (Article 72.1 of the Labor Code of the Russian Federation).

After signing the additional agreement, you need to issue an order

When the parties have agreed on the working conditions and signed an additional agreement, you can proceed to issuing the order. Let us say right away that the form of the order to transfer a part-time worker to the main job is arbitrary. It must indicate:

Let us recall that the order is a primary document, which means it must contain all the necessary details (Articles 7, 9 of the Federal Law dated December 6, 2011 No. 402-FZ, letter of Rostrud dated February 14, 2013 No. PG/1487-6-1) (for more details, see “Primary document: indicate the required details”):

To help the HR specialist cope with the task assigned to him and draw up the necessary document, our experts have prepared a sample order for transfer from part-time work to the main place of work.

Limited Liability Company "Yu-Stroy" INN 7733123456, KPP 773301001, OKPO 12345678

ORDER No. 25-k on the transition from part-time work to the main job

In connection with the transition from part-time work to the main job of E.P. Somova in the accounting department as an accountant (additional agreement dated May 18, 2021 No. 1 to the employment contract dated February 15, 2021 No. 15) I ORDER: 1. Elena Petrovna Somova to begin the main work stipulated by the employment contract dated February 15, 2021. No. 15, as an accountant with a salary of 22,000 (Twenty two thousand) rubles. from May 18, 2021 2. Chief Accountant Yu.S. Samarina from May 18, 2021 to accrue E.P. Som salary for the main job as an accountant.

Director __________________ S.V. Kapustin

The order has been reviewed by: Chief Accountant __________________ Yu.S. Samarina 05/18/2017

Head of HR Department __________________ Yu.T. Pyshkina 05/18/2017

Accountant __________________ E.P. Somova 05/18/2017

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