Rules
If any changes in positions are planned, HR employees should know how the registration is carried out. To do this, you should be guided by the following legal acts:
- Rules of April 16, 2003.
- Instructions dated October 10, 2003.
Based on them, filling out the main document is carried out as follows:
- All information can be entered only if a written order or order is received from the boss. Entries to transfer the employee and others are made within a week. Only the issue of dismissal needs to be resolved in one day.
- The data must be reliable and completely coincide with what is in the employer’s document.
- Numbers are indicated in Arabic characters.
- Any abbreviations in the employee's record book are unacceptable.
- Entries are made only in the state language.
- The employee should be informed that a change in position has been recorded. He must sign this on his personal card in the approved form, in accordance with the law.
Translation
If the question arises about how to transfer a worker from part-time work to the main job, then the answer can be found in paragraph 4 of the Rules, as well as part 4 of Article 66 of the Labor Code of the Russian Federation.
If there is a temporary transfer, then no entry is made. If a working employee is transferred to another employer, then he must be fired at his previous place, which should be recorded in the employment record. At the new place, they indicate information about hiring.
If there was an external part-time job, and the transfer is carried out to the main place, then you need to indicate the reason why this is being done. For example, there was a request from an employee, or he agreed to an offer received from the employer.
Any employee has the right to expect that all necessary entries will be made in the work record, regardless of whether it is a part-time job or the main workplace. To indicate information about part-time employment, he should provide the necessary documents confirming this fact. However, the Labor Code does not specify which documents to submit.
Transfer of an employee from 1 to 0.5 without dismissal
Good afternoon A problem has arisen: It is necessary to transfer an employee from rate 1 at the main place of work to rate 0.5 at external work without dismissal. The programmer said that in Salary 3.1 the program allows you to do this, unlike the old one. I did. But how can I write this down in my work record?
The combination cannot be external. Apparently you are confusing this with part-time work?
Without dismissal, it is impossible to change the main place of work into a part-time job, because a part-time job cannot arise without the main place of work.
Has the employee found another job?
Then you fire him, he gets hired there, then (possibly on the same day) you hire him for a part-time job. Only the main employer has the right to make an entry in the work book about part-time work, for which the employee there will write an application and bring a certified copy of your order for admission to part-time work.
If an employee does not have another job, there is no way to make his job a “part-time job” for you.
Thank you for the answer.
You cannot change your main job to a part-time job without being fired.
Part-time work cannot occur without the main place of work.
In theory - it seems yes, within the meaning of the term “part-time work”, in practice - no.
This situation is not regulated in any way by law. From the definition of part-time work it follows that the person hired for such a job has another - based job. But at the same time, there are no instructions on what to do if such work still does not exist, who should control it, etc. not in the code. When hiring a part-time employee, we cannot and should not require an employee’s work book or military registration documents. As for liability, no one can punish an employer for having a part-time employee who does not have a main job, unless this reveals an infringement of the employee’s rights, for example, those related to training (Article 287 of the Labor Code of the Russian Federation) . That is, the responsibility will not be the fact of concluding a contract with the condition of part-time work in the absence of a main job, but for specific violations and infringements of the employee’s rights arising from his essentially unreasonable status as a part-time worker. But this, I repeat, is only provided that the main job did not exist at the time of concluding the TD on a part-time basis and the employer knew and had documentary evidence of this fact. The situation is somewhat simpler if we accept a part-time worker for harmful and dangerous work. In this case, we are obliged to request from him a certificate of working conditions at the main place of work (Article 283 of the Labor Code of the Russian Federation). As for the situation when a part-time worker works in an organization and he quits his main job, there is also silence in the code. But there are no grounds for terminating the employment contract with a part-time worker in this situation. This means that if both parties agree to continue the employment relationship, then the status quo is maintained, even if the employer is aware of the absence of the main job.
But this, I repeat, is only provided that the main job did not exist at the time of concluding the contract part-time and the employer knew and had documentary evidence of this fact.
Absolutely right. In the situation described in the TS question, the employer knows EXACTLY that the employee has the main job - HIM. While it exists, part-time work in the same organization can only be internal and only in another staff position. In order for the current job to become an external part-time job, the employee must have another job (or at least he was fired from this one - precisely because the employer cannot check whether a new job has appeared or not).
As for the situation when a part-time worker works in an organization and he quits his main job, there is also silence in the code. But there are no grounds for terminating the employment contract with a part-time worker in this situation. This means that if both parties agree to continue the employment relationship, then the status quo is maintained, even if the employer is aware of the absence of the main job.
That's also absolutely true. But this has nothing to do with the TS situation, since the employee is not a part-time worker.
Hello! Thanks again for your interest in my problem.
The fact is that initially, the employee was registered with us at his main place of work on a full-time basis. But since January of this year, the management decided to transfer him to another organization full-time, leaving us with 0.5 positions without dismissal.
In order to let him go to his main job, I have to make an entry for him in labor 0.5 (as a combination), but it is combined with the main one, but there is no entry for the main place yet. It turns out that I have to give the labor report to another organization so that they can make a record. But my entry is there as the main one. I've been scratching my head since Friday, scouring the entire Internet. As you have already said, there is silence in the legislation.
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And there is only one way out - dismissal.
management decided to transfer him to another organization full-time, leaving us with 0.5 times the salary without dismissal.
It made the wrong decision (in the part “without dismissal”).
In order to let him go to his main job, I have to make an entry for him in the labor record 0.5 (as a combination),
Part-time job. Combination is a completely different matter. And the length of working hours (“rate rate”) is not reflected in the work book in any way.
but they are combined with the main one, but there are no records at the main place yet. It turns out that I have to give the labor report to another organization so that they can make a record.
But my entry is there as the main one.
Therefore, the employee must first be dismissed from you.
I've been scratching my head since Friday, scouring the entire Internet. As you have already said, there is silence in the legislation.
And there is only one way out - dismissal.
Dismissal
The simplest option is considered to be when an employee is fired from his main place of work and then registered as a part-time employee. In this case, another place must first be recognized as the main one. Dismissal can be initiated by the employee, the employer, or by agreement of both parties. In this case, an application is received from the director or other official who is being transferred to prepare the necessary documentation for termination of the employment contract.
Even if a transfer is made from the main place of work to a part-time job, an entry is made into the employment record, compensation must be paid for vacation that was not used. You can also offer the employee to rest for the prescribed amount of time. However, it is important for the employee to understand that this method is by no means the most profitable for him, as it has the following negative consequences:
- when reinstated from the main place of work to a part-time job, a probationary period is established, which may be grounds for dismissal;
- Leave can be taken out again only after six months.
How to transfer an employee to a part-time job from their main place of work
In difficult times of economic instability, many citizens are faced with life realities that necessitate external or internal part-time employment to obtain an additional source of income. There are situations that force an employee to transfer from his main place of work to a part-time job. This may be due to production nuances associated with a reduction in the volume of work that does not require a full-time employee. The reason for changing the format of labor relations may be the personal circumstances of the employees , as well as if he has found a higher-paying job as his main one.
Employer Responsibilities
Once the question of how to transfer, for example, a director to a part-time job from his main place of work has been resolved, it is necessary to implement all job obligations. Upon dismissal, it is necessary to pay the employee in full, including compensation for unused vacation time. The procedure must be formalized in writing with an entry in the labor record. But the fact that an employee or employee has been transferred to a part-time position is recorded only at will. According to the law, there is no need for it.
How to transfer an employee to a part-time job from their main place of work
Changing the main to part-time working status of an employee can be done within one business entity or in the form of a transfer to another company. The procedure can be formalized in several ways, each of which requires documentation.
Dismissal
A simple way to transfer an employee is to register him as a part-time employee after preliminary dismissal as a main employee. It is worth noting that part-time work can be arranged only after another workplace is recognized as the main one. The dismissal procedure is formalized in a standard way and can be initiated either by the personal desire of the employee or by agreement of the parties. It is mandatory for the employee to write a corresponding statement, which is the basis for drawing up administrative documentation on termination of relations with the employee and termination of the employment contract.
When an employee is dismissed, even if relations are restored in a subsequent period as a part-time employee, the employer is obliged to pay compensation for unused vacation. As an alternative, the employee can be offered a rest period before leaving. This method of transfer has negative aspects for the worker, expressed in the following events:
- when relations are restored as a part-time worker, a probationary period is established, which may be the basis for deprivation of the right to carry out activities in a new status due to non-compliance with qualification requirements;
- vacation registration is possible only six months from the date of new employment.
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It should be noted that the efficiency of the event, expressed in the registration of dismissal and hiring in one day, will not interrupt the length of service and will not violate pension rights.
Transfer to part-time work from the main place of work without dismissal
Relief from some duties and assignment of others through a change in the format of labor relations can be achieved through a temporary or permanent transfer. Temporary transfer is carried out only by agreement of the parties. Carrying out the operation is relevant in a situation where the main employee is charged with additional tasks as a part-time worker, during which he will be relieved of the need to perform the main job.
Relations are regulated by administrative documentation, the validity of which cannot exceed one year. This pattern of relationships is possible in the event of a temporary absence from the workplace of an employee whose duties must be performed urgently. In such a situation, the duration of the order will be determined by the return to work of the replaced employee. If, after the expiration of the agreement, the employee is not provided with the same job, then the temporary transfer agreement loses its relevance and the transfer automatically becomes permanent.
Common mistakes
Important! One of the most common mistakes is when management confuses translation with relocation. Sometimes this is done unintentionally, in other cases - on purpose. All information about this issue is contained in Article 72.1 of the Labor Code of the Russian Federation. The difference is that during the relocation process the worker's consent is not necessary. It can only be implemented within one company. At the same time, the specialization, position and specialty do not change.
In addition, no entry is made about this in the labor report. Part 4 of Article 66 of the Labor Code of the Russian Federation speaks in more detail about whether it is possible to make an entry in the labor record. An important condition is that the new place must be permanent.
It is also important to remember that our legislation is very changeable, and therefore it is important to monitor current changes. Last but not least, this concerns labor relations, incl. and proper maintenance of document flow, entries in the work book and other papers.
