How to go from a part-time job to a full-time job. How to arrange a transfer to the main place of work from a part-time job. Internal and external part-time work: main issues

Sometimes, people at enterprises work part-time. This suggests that a person has a main place of work in another company. To make part-time work the main one, the employee needs to pay off with the organization in which he is listed as fully employed. After completing this procedure, the personnel officer may think about how to accept an external part-time job permanent job.

Transfer of an external part-time worker to the main place of work: ways

The employee pays off from the main place of work and comes to the organization, which has a part-time job, with a request to take him to full employment. Here, the personnel officers have the question of how to arrange an external part-time job for a permanent job. At first glance, it would seem that it could be easier. A transfer order is issued and all is well. In practice, everything is much more complicated.

Based on the letter of Rostrud No. 4299-6-1 dated October 22, 2007, two methods can be distinguished on how to transfer a part-time worker to the main place of work:

Dismissal from the position of an external part-time worker and admission to full employment.
Issued supplementary agreement to an earlier agreement.

Important! It is wrong to issue a simple transfer of a part-time job to the main place of work. Since there will be no changes in the labor function and division, this cannot be done.

An external part-time worker becomes the main employee: how to apply

The scheme for registering an employee for the main place of employment, after a part-time position, depends on which of the two methods is chosen:

Termination of the contract in combination and the conclusion of new contractual relations with full time. When using this option, the transfer procedure will look like this:

There is a real layoff. The employee writes a letter of resignation by agreement of the parties or on a personal initiative.
The personnel specialist issues a dismissal order in the form T-8. The employee must familiarize himself with it against signature.
The employee is paid a full settlement, including compensation for unused vacation.

Important! If in work book there was no record of hiring for a part-time job, then nothing needs to be written about the dismissal. Such a record is made by the employer at the main place of work on the basis of the personal desire of the employee and the provision of a supporting document - the contract.

An employee writes a job application.
The personnel officer issues an appropriate order. Usually, personnel services use the T-1 form.
An employment record is made in the work book.

From the moment the employee is employed in this way, his vacation period is considered from the moment of the last employment.

Transfer of a part-time job to the main job by concluding an additional agreement that the part-time job becomes the main one. When choosing this method, the registration procedure looks like this:

An additional agreement is concluded between the organization and the employee. It states here:

date of conclusion of the additional agreement;
from what date the admission is carried out;
from what date the condition of combination is considered invalid;
changes in wage conditions and working hours.

An appropriate order is drawn up. It does not have a unified form.
The work book is filled with a record of admission to the main place.

If it already has a record of part-time employment, then the personnel officer writes: “Part-time work (position) has become the main one from (such and such date).”

When using any of the options, the employee is recommended to take certificates from the previous place of work for calculating benefits form 182n and 2-personal income tax. The first document is required to increase the amount of disability benefits paid. The second type of certificate is required if the employee is applying for deductions. For example, for children.

Optional conclusion. agreements are more convenient because the personnel officer does not have to draw up a lot of documentation. Also, the employer does not need to make a full calculation, and the vacation period will simply last. According to the law, both methods of transferring an employee from an external part-time job are legal. The personnel officer can choose how to carry out the registration, but, of course, with the consent of the employee. After all, it was he who wrote the letter of resignation.

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If your part-time worker quit his main job and wants to work for you at his main place of work, and you agree to this, then you can make part-time work your main job in any of two ways.

Method 1. Terminate a part-time employment contract and conclude a new employment contract at the main place of work. To do this, you need to act like this.

1. Dismiss the employee as a part-time worker Letter of Rostrud dated 10/22/2007 N 4299-6-1:

- or by agreement of the parties on the basis of an agreement signed with him on termination of the employment contract, clause 1, part 1, art. 77. Art. 78 of the Labor Code of the Russian Federation;

- or by own will on the basis of his statement n. 3 h. 1 Article. 77. Art. 80 of the Labor Code of the Russian Federation.

Sample agreement on termination of an employment contract

Sample letter of resignation from an employee by agreement of the parties

Sample letter of resignation from an employee

Registration of dismissal and all calculations upon dismissal from a part-time job are made with the employee in the usual manner, Art. 84.1 of the Labor Code of the Russian Federation. He must also be compensated for unused vacation.

2. Arrange for the reception of an employee at the main place of work in the usual manner.

Please note that when using this method:

- the employee's vacation period will begin to be calculated from the day he is hired at the main place of work, art. 122 of the Labor Code of the Russian Federation;

- there are features in the design of the work book.

If it does not contain a record of your part-time job, then there should not be a record of dismissal from part-time work. That is, after the record of dismissal from the previous main job, you need to make a regular record of hiring an employee for the main job in your organization.

If in the work book there is an entry about your part-time work made by the previous "main" employer, then after the entry about the dismissal from the previous main place of work in the "Information about work" section, part 5 of Art. 66 of the Labor Code of the Russian Federation, clause 3.1 Instructions for filling out work books:

- in column 3, write the full and abbreviated name of your organization;

- in the line below in column 1, put the serial number of the entry being made;

- in column 2 opposite the entry number, indicate the date of dismissal from part-time work in accordance with the order;

- in column 3 opposite the date of dismissal, indicate the reason for dismissal with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation;

- in column 4, write the word "Order" and put down the date and number of the dismissal order.

It is not necessary to certify this record with the signature of the employee of the organization responsible for maintaining work books, and with its seal, as well as with the signature of the employee himself. After all, immediately after this entry, you will make an admission record at the main place of work.

Example. Registration of a record of dismissal from a part-time job and admission to the main place of work

Method 2. Amend the employment contract by concluding an additional agreement to it. If you choose this method, then proceed as follows.

1. The employee must submit to you art. 65. Part 3 of Art. 66 of the Labor Code of the Russian Federation:

- a certificate of the amount of salary for the current year and two previous years. It is needed if the employee wants you to take into account the salary received by him from the previous employer when calculating sickness and child benefits;

- a 2-NDFL certificate for the current year from the previous main place of work and documents confirming the right to personal income tax deductions (for example, birth certificates of children). These documents are required if the employee wants to receive personal income tax deductions.

2. Conclude an additional agreement with the employee on changing the terms of the employment contract, in which Art. 72 of the Labor Code of the Russian Federation, Letter of Rostrud of October 22, 2007 N 4299-6-1:

- indicate that from a specific date the work is the main one, and the condition of the employment contract on part-time employment from the same date is recognized as invalid;

- change the terms of the employment contract, which will change due to the fact that the work will become the main one. In particular, these are the conditions on the mode and duration of working hours, on wages.

Do not forget to indicate in the additional agreement the date from which it comes into force, i.е. date of commencement of work at the main place.

Sample additional agreement to employment contract on the recognition of part-time work as the main job

3. Issue an order to re-register the employee for the main job. Such an order is drawn up in an arbitrary form.

Sample order recognizing part-time work as the main job

4. Make an entry about the re-registration for the main job in the employee's personal card (form N T-2). To do this, in the table of the header of the card in the column "Type of work" (or next to it), write "since (indicate the date from which the employee began working at your main place) work is the main one." Familiarize the employee with this entry against signature.

5. Make an entry about work in the work book. The execution of such an entry depends on whether the previous "main" employer made an entry in the employee's work book about his work with you part-time.

If there is no entry in the work book about part-time work, then in the section "Information about work" Letter of Rostrud dated 10.22.2007 N 4299-6-1:

- in column 2, indicate the date from which the employee was hired by you;

- in column 3, write the phrase "Employed for the position. (indicate the position or profession of the employee) from. (indicate the start date of part-time work) to. (indicate the last day of part-time work) part-time work";

- in column 4, write the word "Order" and put down the date and number of the order for hiring part-time.

Sample entry on the transition to the main job in the absence of a part-time entry in the work book

If there is an entry in the work book about part-time work, then in the section "Information about work" Letter of Rostrud dated 10.22.2007 N 4299-6-1:

- in column 2, indicate the date from which your work became the main one for the employee. This date is specified in the supplementary agreement to the employment contract;

- in column 3, write the phrase "Part-time work in a position. (indicate the position or profession of the employee) became the main job (indicate the date from which your work became the main one for the employee)";

- in column 4, write the word "Order" and put down the date and number of the order to re-register the employee for the main job.

Sample entry on the transition to the main job if there is a part-time entry in the work book

Method 2 is more convenient because when using it, fewer paperwork is issued, it is not necessary to calculate "dismissal" payments (including compensation for unused vacation), and the employee's vacation experience is not interrupted.

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Read more about the ways to process the transition of an employee from a part-time job to the main job, as well as their disadvantages and advantages, read in the Human Resources Guide "Changing the terms of an employment contract" >>>

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Is it possible to transfer a part-time worker to the main place of work

Companies are faced with a situation where they need an employee who performs several jobs at the same time. official duties to be transferred to a permanent position.

Therefore, the question arises whether it is possible to arrange the transfer of a part-time job to the main place of work and is it worth it to terminate the old employment contract and conclude a new one?

Automatic transition from part-time to permanent place work cannot be done by terminating the contract with the previous employer.

Since the part-time agreement and the employment contract on the main place of work contain different conditions.

Amendments to the contract are possible by agreement of both parties (Article 72 of the Labor Code of the Russian Federation).

To do this, the parties to the agreement must draw up in writing the appropriate additions to the existing agreement.

The new document will confirm that work, which was previously an additional income, has become the main place of work for the employee.

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Basic concepts

It occurs when an employee is in an employment relationship with one employer, and in his spare time performs another paid job. These relations are fixed by the corresponding contract.

The document must contain information about additional responsibilities do not relate to the main type of activity (Article 282 of the Labor Code of the Russian Federation).

The worker works for another employer

The employee performs additional duties at the place of main work

The principles of part-time work

The legislation refers to a separate working category persons who work part-time. A personal book with information about the employment of such an employee is located at the place of main work.

A person has a main source of income.
An additional agreement is concluded with your own or another employer. It contains the required conditions.
A person performs part-time work when he is free from basic labor duties.
Additional labor is regularly paid.
Information about earnings in addition to the main place of activity is entered in the work book.
The re-registration of relations is carried out with the consent of the worker (letter of Rostrud No. 4299-6-1 dated October 22, 2007). It should be noted that this issue is not fully regulated by the current legislation.

Normative base

Chapter 44 of the Labor Code of the Russian Federation is devoted to the regulation of part-time labor.

what documents will an employee need to apply for a job;
time spent on work;
How is this work paid?
guarantees and compensation.

The conditions set out in the Labor Code apply to everyone who is engaged in part-time work. Because they are given the same status as ordinary workers.

Everyone is equal in the field of wage labor. Therefore, the parties to labor relations are required to conclude an employment contract (Article 282 of the Labor Code of the Russian Federation).

The issue of registration of movements of those who work part-time. current legislation is almost not regulated.

There are also no official explanations from the competent state authorities. Personnel officers have to find a way out of situations on their own.

Incorrect re-registration entails certain legal consequences. In this case, the punishment will affect not only the head of the organization, but also the employee.

Today documentary change mode legal status worker provokes numerous discussions.

About transfers to another job, see their types in the article: types of transfers to another job.

When it is allowed to transfer to another job without the consent of the employee, read here.

The regulatory documentation does not have precise instructions on how to transfer an external part-time job to the main place of work.

To resolve this issue, employers use one of the following methods:

There is a termination of the old labor agreement on hiring as a part-time job. Then a new contract is signed.
Produced official translation for a certain position.
Amendments are being drawn up to the labor agreement on part-time work. They are signed by both parties.

Termination of the old contract

The procedure is performed using one of two provisions:

Its basis is the procedure stipulated by Article 288 of the Labor Code of the Russian Federation. The part-time worker quits, as his position is vacated for a permanent employee. Moreover, both workers can be the same person.

The employment contract is terminated by agreement of the parties (Article 77 of the Labor Code of the Russian Federation). A legitimate reason can also be a written statement from an employee (Article 80 of the Labor Code of the Russian Federation)

The head of the enterprise, after reaching an agreement, issues an order to hire a person.

Then in personal documents new employee, appropriate records are made. Employers try not to use this registration technique whenever possible.

Since, when dismissing a part-time job, it is necessary to make a monetary compensation for the time of unused vacation (Article 127 of the Labor Code of the Russian Federation).

The problem also arises when a person has already used the prescribed days of rest, but the current year has not yet ended.

If the employment agreement is terminated, then an appropriate deduction must be made (Article 137 of the Labor Code of the Russian Federation).

The accrued wages may not be enough to complete this operation. This method is also unprofitable for workers.

There are three reasons:

they will receive the next right to leave only after six months from the date of the start of the performance of new duties;
manager will set probation;
there will be difficulties with the calculation of continuous experience.

However, there are people who support this method of registration of labor relations. Their argument - part-time work differs from the main work by the nature of legal relations.

The first is regulated by a special program, which is set out in Chapter 44 of the Labor Code of the Russian Federation. Choosing a different direction in labor relations, it is better to take advantage of dismissal.

Some organizations resort to the transfer method, guided by Article 72 of the Labor Code of the Russian Federation.

Stages of the procedure:

The worker presents a work book to the new manager, which contains a mark of dismissal from the previous place. Then he applies for a job.
The boss issues a transfer order.
In a personal card, personal documents on a person’s employment, a corresponding mark is made (Government Decree No. 225 of 04/16/2003).

Disadvantages of this method:

First, the worker writes a statement that contains agreement with the transfer. Then an order is issued to change the place of work. But since a person continues to hold his office, there is no reason to commit such actions. Transfer implies a complete change of place of work (Article 72.1 of the Labor Code of the Russian Federation). All things considered, only the type of employment agreement changes.
Standard forms of orders to change the place of activity do not have a column to reflect the relevant data (Resolution No. 1 of 01/05/2004). All information about the person will be duplicated. As a result, the meaning of using translation is lost.
Data about part-time employment is entered in a personal book at the request of the worker (Article 66 of the Labor Code of the Russian Federation). However, such a mark may not stand. Therefore, it is not possible to make a record of the transfer.
When applying for a pension benefit, such a person will face certain difficulties. It will be difficult to count the continuous experience. You will need a clarifying certificate that gives an idea of the conditions of activity.

Addition to the previously concluded employment agreement

The changes relate to some clauses of the part-time contract. Changes:

the status of the worker;
the length of time spent on work;
salary.

The worker is required to submit the following documents:

personal document with employment records;
data on wages for the previous year or two;
a document confirming the right to deductions for personal income tax.

A person draws up a written application with a request to replace the status of “part-time” with “main” in the documents. Since the dismissal from the former main place of work was recorded.
If the manager and the employee have reached an agreement on the nature of the activity, an addition is drawn up and signed (Article 57 of the Labor Code of the Russian Federation).
The manager issues an order to accept an employee for a permanent job.
The work book is replenished with a special entry: "The part-time activity has been terminated, accepted as a permanent employee." However, the Labor Code of the Russian Federation does not provide for the possibility of making such an entry. This document may contain information only on the conclusion of agreements.

This variant of re-registration of relations creates additional problems. When the continuous length of service is calculated, many are denied a pension.

Sometimes there is even a lawsuit. It is much easier to change agreements within one enterprise.

There is simply a change in the type of activity (Article 72 1 of the Labor Code of the Russian Federation). Therefore, it is not always necessary to draw up orders and additions to the contract of employment.

An application for the transfer of an external part-time job to the main job is drawn up in any form. It should not contain blots and errors.

The document contains a respectful address. For the header, the accepted design sequence is used:

Recipient's job title.
Full name in the dative case.
Applicant's title with a small letter. Genitive. "From" is not spelled, but implied.
Name of the employee.

Below in the center is written "Statement" with a capital letter. Since this is the beginning of the document, no dot is inserted.

Down one line. On the left side is the date of submission of the application. On the right side is a personal signature and its transcript.

Director transfer

The most acceptable option would be to terminate the part-time contract and conclude a new one.
document as with a permanent employee.

The basis for such actions is the same as for an ordinary employee.

Enrollment in labor

The Labor Code and the instructions for filling out work books do not give clear instructions on how to enter changed data. However, this mark should be.

It depends on the working hours. This affects the guarantees, benefits and compensation due to the employee.

A person's personal document sometimes contains a record of part-time activities that the previous manager did.

In this case, after information about the dismissal from the former main place, the section "Information about work" is filled in:

Column 3 should contain the abbreviated and full name of the new organization.
The second section contains the serial number of the record.
Nearby is the date of dismissal as a part-time job on the basis of an order.
Further, there is a link to the relevant section of the Labor Code of the Russian Federation.
In column 4, “Order”, the date and its number are written.

This entry is not certified by the signatures of responsible persons, since a mark is made on admission to a permanent job.

If a part-time job was not previously recorded in the labor, then a record is simply made of the person's entry into the position.

Find out what a sample order for transferring a part-time job to a permanent job looks like from the article: an order for transferring an employee to another job.

All about the transfer of an employee to another job, read here.

What does a job referral look like when applying for a job, see here.

The nuances of registration in 1C

The 1C ZUP 8 program will require the following actions:

Termination of the contract is carried out through the tab "Dismissal of employees of the organization"

Compensation is calculated through the "Calculation upon dismissal"

Reception of a person is issued

The eponymous tab "Employment of employees of the organization"

Vacation balance

You need to spend in the tab "Remains of holidays". Accruals will require register adjustments

But with this method, a situation may arise when an employee is posted twice under different personnel numbers.

Also, the "Type of employment" prop is not periodic, so the wiring may fly.

The current legislation of Russia does not give clear instructions on how to correctly arrange the transfer of a part-time job to the main place of work.

That's why everything government bodies have their own opinion on this matter. Each manager and worker chooses the solution that suits them.

How to transfer a part-time worker to the category of main workers?

Methods for transferring a part-time worker

If an employee quit and expressed a desire to become your permanent employee, then you should carefully consider the registration process. As a rule, in most cases, two common options for transferring a part-time worker are used. Each of them is useful in a particular situation. For selection the right way 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 work) in order to conclude a new one. It prescribes 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 do it right this procedure Let's take a look at the process step by step.

The first step is to fire the employee as a part-time employee. The procedure for actions in such a situation was described by Rostrud in its Letter No. 4299-6-1 dated 10/22/2007. For this purpose, the Labor Code (hereinafter referred to as the Code) provides for two options:

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

Read also: Dismissal by agreement of the parties, the pros and cons for the employee

Be sure to take into account the fact that upon dismissal, the employer is obliged to make all the 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 the implementation of these actions, you can proceed to the next step - registration.

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

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

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

Regarding the "holiday" experience, 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 on part-time employment, then there is no need to make a record of dismissal. After marking the dismissal from the previous main place of work, you just need to enter data about the new one. In the case when there is a record of part-time employment, then after information about the dismissal from the previous main job, the following should be entered:

column three - abbreviated and full name of the organization;
column one - it is necessary to 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 the employee of the company, who is responsible for the execution of work books, or by an individual entrepreneur (employer). The employee does not have to put his signature. After that, you can enter information regarding the hiring.

Translation by issuing an additional agreement to the main agreement

The second method, which can be used when transferring a part-time job to a permanent job, involves the conclusion of an additional agreement to the current treaty. When using the presented option, it should be the same as in the first case, that is, follow 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 on wages for the current and two years preceding (certificate of the amount of salary), the need for it may arise when calculating benefits - maternity or child benefits - if the employee wants to take into account 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 right to any personal income tax deductions ( said documents provided if the employee expects to receive appropriate deductions);

The next step is to conclude an agreement. In accordance with the opinion of Rostrud, which was set out in Letter No. 4299-6-1 dated 10/22/2007 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 on part-time work from the specified day are recognized as invalid;
the contract is amended to correspond to the fact of the transition to the main place of work (daily schedule, hours of work, wages, etc.).

In addition, it is important to indicate the effective date of the signed agreement. This date will be considered the day the work began at the main place. After registration of the agreement, it is necessary to issue an Order. In an arbitrary form, the fact of the employee's transition to the main place is recorded. An entry on the 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 column "Type of work" (it can be next to it) with the following content - "from ... (the day the agreement was signed) the work is the main one."

The employee must confirm the fact of familiarization with these changes with his signature. Now it is important to reflect the transition to the main place in the labor. Here you need to consider whether there is a record of part-time employment made by the previous employer (at the main place). If there is no such mark, then according to the explanations of Rostrud from Letter No. 4299-6-1 of October 22, 2007, it is recommended to act as follows. In the section "Information about work" enter the following data:

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

If there is a mark on part-time employment, then the following data is recorded in the specified section:

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

After carrying out the described manipulations, you can begin interaction with the employee on new conditions. When drawing up a contract, it is important to include in it the main points that the law requires. From the date that is fixed when signing the agreement, the new status (type of work) will be considered valid. When re-issuing the second method is the easiest. Much easier process and less time consuming.

In addition, the employer does not need to calculate vacation pay that has not been used ("dismissal"). For the employee, it will be important that when reissuing in the second way, the length of service for vacation is not interrupted. This allows you not to wait six months after hiring to get the legal right to rest. Simplicity and convenience make it possible to resolve the issue of transferring a part-time worker to permanent work in a short time. In the process of finding the most profitable job, people try many options. Part-time activities cease to be in recent times something out of the ordinary. More and more people want to change not only their lives, but also the level of prosperity. Correct design each stage of the activity will allow you to feel confident in the process of communicating with the employer.

How to transfer a part-time worker to the main job?

Transfer of an external part-time worker to the main place of work

We will tell you how to arrange the transfer of an external part-time job to the main place of work: is it necessary to fire an employee, and what are the pros and cons of each method of transferring an external part-time job.

A person leaves his main place of work and goes to work in a company where he was previously listed as an external part-time job. In this situation, a number of questions arise. What order should be issued? What entries should be in the employee's work book? The legislation does not provide clear answers to these questions.

Consider the most common options that are practiced in companies.

Transfer of an external part-time worker to the main place of work as a transfer

The method provided for in Article 72.1 Labor Code RF, implies the following actions.

The employee writes a statement in which he asks to be transferred from a part-time job to the main job. The company concludes an additional agreement to the employment contract, which has already been concluded with a part-time job. In the agreement, the employer prescribes the following changes: the status of the employee (the main place of work), working hours, wages. After that, you need to issue an order to transfer the employee. The order should speak specifically about the transfer, and not about hiring, since the employee is already working in the organization. Next, you need to make an appropriate entry in the work book.

Minuses. If there is no record of part-time work in the work book, then this will create confusion with the determination of the start date of work. Which in turn will complicate the calculation of payments in favor of the employee. For example, the calculation of average earnings.

In addition, the possibility of registering an employee for the main job in the order of transfer is not directly regulated by law. After all, Article 282 of the Labor Code of the Russian Federation calls part-time work "another regularly paid job on the terms of an employment contract."

Hence the conclusion: since there is a different job and a different contract, then it is impossible to conclude an additional agreement and arrange for the transfer of an external part-time job to the main place of work.

pros. There are no obvious benefits.

Opinion
An external part-time worker can become a main employee by writing a transfer application

- The company can transfer a part-time employee to the main job. This can be done on the basis of Article 72.1 of the Labor Code of the Russian Federation. According to this norm, a transfer is a change in the labor function of an employee if he continues to work for the same employer. And the labor function is a specific job by position in accordance with staffing, profession, specialty (Article 15 of the Labor Code of the Russian Federation).

Hence the conclusion: the termination of part-time work can be considered a change in the labor function. Therefore, the transfer of an external part-time worker to the main place of work is possible.

Oksana SCHESLAVSKAYA, Lawyer of the LLC "Peresvet-Nedvizhimost"

Record from transfer to the main place, if there is no record of part-time work

Record from transfer to the main place, if there is a record of part-time work

Transfer of an external part-time worker to the main place of work and dismissal "on one's own"

The situation is this. After an employee has quit another job, he must write two statements: about dismissal of his own free will (clause 3 of article 77 of the Labor Code of the Russian Federation) and about employment at the main place of work. The task of the employer is to issue appropriate orders, sign a new employment contract.

Minuses. The employee may not agree to write a letter of resignation. The reason is simple: it is unprofitable for him. Firstly, a probationary period may be established under a new employment contract. Secondly, the right to next vacation the employee will formally arise only after six months. Third, if the company provides social guarantees employees who have served a certain number of years, they can be lost.

What to do if an employee moves from part-time to the main place of work in the same organization? The order of this transition is controversial. There is no unity. Moreover, the incorrect execution of the work book will entail adverse consequences for both the employee and the employer.

Note that the Labor Code does not contain clear instructions on what to do when an employee from a part-time job becomes the main employee. In practice, several design methods are used.

Dismiss then accept

Many experts insist on its use. With the employee, the employment contract is terminated on a part-time basis and a new employment contract is concluded at the main place of work. In this case, both special and general rules can be used as grounds for dismissal.

Special in this case will be the order prescribed in article 288 of the Labor Code of the Russian Federation, which refers to the dismissal of a part-time job in connection with the admission to his position of the main employee. The Labor Code does not limit the application of this article to the coincidence of a part-time worker and the main employee in one person.

The general rule is Article 77 of the Labor Code of the Russian Federation. The grounds for termination of the employment contract in this case can be both the agreement of the parties (clause 1 of article 77, article 78 of the Labor Code of the Russian Federation), and one's own desire (clause 3 of article 77, article 80 of the Labor Code of the Russian Federation).

Upon dismissal, a part-time job should be paid compensation for unused vacation (Articles 127, 286 of the Labor Code of the Russian Federation).

The disadvantages for the employee are as follows: the employer gets the right to establish a probationary period when concluding a new employment contract (on the terms of the main job); the right to the next vacation arises only after six months of continuous work in the organization.

The pension rights of the employee will not be violated, the length of service will not be interrupted. Dismissal and acceptance will take place on the same date.

Transfer from part-time employees to key employees

The Labor Code of the Russian Federation provides for two types of transfers to another job: temporary (Article 72.2 of the Labor Code of the Russian Federation) and permanent. With a permanent transfer, an employee can be transferred:
- to a new job in the same organization;
- to another organization;
- to another locality together with the organization.

Article 72 of the Labor Code of the Russian Federation allows the transfer to another permanent job in the same organization. Speech in the article it's about another job. That is, the employee is offered another position, or the main job to which he is transferred will be considered different. Then the part-time worker can be transferred to other position held.

Issued by amending the employment contract. You should take a written application for the transfer from the employee. Next, an order is issued to transfer the part-time worker to the main place of work. An appropriate entry about the transfer is made in the work book.

In this case, you do not need to pay compensation for unused vacations. The employee does not interrupt the length of service that gives the right to leave. An employer cannot set a probationary period for an employee.

But! There are difficulties in this translation.

There is no official interpretation of the term "other work". As a rule, this term refers to a different position. This means that if a part-time worker becomes the main employee, but continues to perform labor functions in the same position by agreement with the employer, no “other work” arises. Only one condition of the employment contract changes - part-time employment disappears.

In the work book of an employee, there may not be a record of employment as a part-time job. After all, a record of part-time work is made at the request of the employee at the place of his main job. Moreover, the employer of an external part-time job does not have the right to make such an entry. And in the absence of information about part-time employment, it is impossible to make a record of the transfer. This problem can be avoided if the employee, before moving to a new job, asks the “main” employer to make an entry about part-time work in the work book.

If there is a record of part-time employment in the work book, then you need to pay attention to the following. When making a transfer, a special entry is made in the work book with the following content: “Work on a part-time basis has been terminated. Recruited for the position of _______.

It is needed for the following reasons: When transferring, an entry is made in the work book about hiring as the main employee. At the same time, the employment contract with the part-time worker does not terminate, but only changes. Therefore, it is necessary to indicate that part-time duties are no longer fulfilled. Otherwise, in the future, in various social organs(for example, in social security, the Pension Fund) may require that a person submit a clarifying certificate on how he worked. Only as a main employee, or both as a main employee, and how internal part-time worker simultaneously.

The possibility of making such an entry, which is not provided for in the Labor Code of the Russian Federation, is provided by Article 66 of the Labor Code of the Russian Federation. According to this rule, in strict accordance with the wording provided for federal laws, only entries on the termination of the employment contract are made in the work book. So, when making an appointment record, deviations are possible ... There is a certain risk.

It should also be remembered that on the basis of part 1 of article 72.1 of the Labor Code of the Russian Federation, a change in the name of a position without changing the labor function is not considered a transfer.

We supplement the contract

Article 72 of the Labor Code of the Russian Federation. We draw up an additional agreement to the employment contract (Article 57 of the Labor Code of the Russian Federation). Since part-time work is one of the conditions of the agreement between the employee and the employer. It is this condition that will change when moving to the main job in the same position.

On the basis of an additional agreement, we issue an order to accept an employee as the main employee. The work book is drawn up by writing in the work book about the termination of part-time employment.

Since the employment contract does not terminate, the employee retains the length of service and the right to another vacation. Accordingly, you do not need to pay compensation for vacation.

Many questions remain with this approach. You need to prove that there has been a change in the employee's labor function (clause 1, article 77 of the Labor Code of the Russian Federation)

Conclusion: Minimal risks the transfer of a part-time worker to the main place of work is the dismissal of a part-time worker with subsequent hiring for a permanent job.

Everything is much easier when transferring from one job to another. Recording is made:

“Fired due to transfer to another job. Clause 5 of Article 77 of the Labor Code of the Russian Federation. Local new work the work book indicates that the employee was accepted in the order of transfer. It should be noted that persons invited to work in the order of transfer as agreed between employers cannot be assigned a probationary period.
If the management does not agree to the dismissal by way of transfer, then the employee will have to quit of his own free will, that is, on the basis of paragraph 3 of Article 77 of the Labor Code of the Russian Federation.

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

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

The legislation does not give clear answers about the procedure for such employment. Such legal relations do not fall under the very concept of translation, since, according to Art. 72.1 of the Labor Code of the Russian Federation, it includes a change:

labor function of the employee;
department or other division in which he worked;
areas where work is carried out.

Therefore, the application of the term "transfer" to this change in legal relations is not entirely correct.

There are usually 2 options for dealing with this situation:

1. Drawing up an additional agreement to an already 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 execution of the entry in the work book provided for by the relevant standards, etc.

The second option seems to be the most appropriate in this situation, since it has a clear legal justification and is easily documented. But the choice remains with the parties labor relations. Therefore, further we will consider the details of the application of both options for transferring an external part-time job to the main place of work.

We recommend that you familiarize yourself with the documentary support of employment in the article “How is an employee hired?” .

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:

work for the employee is the main one;
date of entry into force of the changes;
certain provisions previously related to part-time work have become invalid;
other provisions relating to the regulation of the work of the employee 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 accepted for the main job, and the external part-time job is terminated.

These 3 steps are basic. Additional steps will be:

making an appropriate entry in the employee's personal card and familiarizing him with it under his signature;
making a record of 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 such a record, an employment record should be made from the date the main work began with the new employer;
if there is a specified entry, an entry should be made stating that with certain parties date, the work became the main one for the part-time employee.

These 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 dismissal methods:

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

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

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

We will consider the procedure for employment in more detail in the next subsection. On the issue of dismissal, it is important to know the following.

The length of service that gives the right to leave at the main job will not depend on the length of service of the part-time worker that was before the dismissal. Therefore, upon dismissal, you should fully pay off the employee on this issue, if necessary, paying him compensation for unused vacation.

If there is no information about part-time work in the work book, then the record of the dismissal of the part-time worker should not be made in it. If there was such a record, then information about the dismissal of the part-time worker must be entered in the document.

The procedure for employment for a dismissed part-time worker

When concluding an employment contract, an employee who gets a job at the main place of work must present:

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

Before signing an employment contract, a new employee at the main place of work must be familiarized with the documentation governing it labor activity(part 3 of article 68 of the Labor Code of the Russian Federation). In particular, you need to be aware of:

with the rules of internal labor regulations;
the procedure governing the use of personal data;
regulation 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 as a fixed-term or open-ended contract. By general rule is an indefinite contract.

If the contract is urgent, then when concluding it, all the 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 is prohibited.

Employment is necessarily accompanied by the issuance of an appropriate written order of the employer, with which the employee gets acquainted under the signature.

Entry in the work book

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

The corresponding entry is made in the "Information about work" section of the work book. When filling out this document, the following procedure must be observed:

in gr. 1 the serial number of the record is entered;
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 of the structural unit and job title;
in gr. 4 reflects the details of the employment order.

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

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

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

Results

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

There are 2 ways to design. The first is accompanied by the conclusion of an additional agreement, according to which the conditions for external part-time employment become invalid, and the conditions for the main job, on the contrary, enter into it. The second option is accompanied by the dismissal of a part-time worker with his subsequent employment for the main job.

Both options have their own subtleties of design. If in the second case applies general order dismissal and hiring, then in the first it is possible to use the 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.

Part-time work is a fairly common occurrence. Moreover, employees often leave their main place of work for one reason or another and want it 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, the question arises: how to arrange everything? After all, the Labor Code does not regulate the “transfer” from a part-time job 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 on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Features of regulation of work of part-time workers are defined 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 working part-time. For example, these include:

underage workers;

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

employees whose work is directly related to management vehicles or the movement of the latter, if similar work is performed concurrently.

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

The length of working time when working part-time should not exceed four hours a day. Within a month (another accounting period), this indicator should not exceed half of the monthly norm of working hours (norms of working hours for another accounting period) established for the relevant category of workers.

Part-time workers are paid 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 system of remuneration, normalized tasks, remuneration is made according to the final results for the actual amount of work performed.

Question:

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

Answer:

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

Whose initiative?

Employees often apply for the transformation of part-time work into the main place of work. Usually this happens orally, and then it is made out by an application addressed to the head of the organization at a part-time job.

But not only the employee can take the initiative. The employer, upon learning that valuable employee resigned from the main place of work, and wishing that he worked for him at the main place of work, he can make an appropriate offer.

Sentence

about going to work

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

I got acquainted with the proposal, received a copy. Ivanova, 07.07.2017

An employee can express his consent or refusal by composing separate document- a statement, or indicate your decision with your own hand on the proposal to transfer to the main place of work.

How to arrange?

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

1. With dismissal.

In this case, the employment contract is terminated part-time 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 admission. This option also has its downsides. Firstly, for the employee: there is no guarantee that, having been fired from a part-time job, he will be hired for the main job; the length of service for granting leave is reset; when concluding a new employment contract, it is possible to establish a test. Secondly, for the employer, this option is fraught with the execution of a large number of documents and the payment of certain amounts to the employee.

2. No dismissal.

An additional agreement is concluded to the employment contract 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, adjust internal documents. However, there is a significant minus - 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 executed everything according to the rules. We must say right away that such a design is not suitable from the point of view of labor law, and that's why. By virtue of Art. 72.1 of the Labor Code of the Russian Federation, a transfer is considered a permanent or temporary change in the labor function of an employee and (or) structural unit in which he works (if the division was specified in the employment contract), while continuing to work for the same employer.

As a rule, when a part-time worker becomes the main employee, he continues to perform the same labor function, just full time. Accordingly, none of the things listed in the definition of transfer occur - neither a change of function, nor a change of unit. So the translation is not applicable here.

Let's look at the transformation options in a little more detail.

Dismissal - admission

Rostrud in Letter No. 4299-6-1 dated October 22, 2007 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 grounds for dismissal should be used in this case? We believe that two grounds are applicable, to choose from:

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

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

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

termination date labor relations;

grounds for dismissal - paragraph 1 of part 1 of Art. 77;

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

Further, the agreement is signed and the termination of the employment contract is executed. To do this, a dismissal order is issued, with which it is necessary to familiarize the employee with a signature. Make a record of 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 within the framework of a new employment contract, even if the employee does not actually change his job.

Now you can conclude a new employment contract by entering into it all the conditions that you agreed with the employee. For example, you can choose not to install a challenge, because you already know how it works. Based on the signed agreement:

issue a job order;

get a personal card;

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

make an entry in the employment record of admission.

The difficulty will arise at the last stage: how to make an entry in the work book? A really difficult question, since the Instruction for filling out work books, approved by the Decree of the Ministry of Labor of the Russian Federation of October 10, 2003 No. 69, does not contain recommendations for such a situation. Nevertheless, we believe that the wording of the entry depends on whether the entry about part-time work was previously made or not.

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

in column 1 indicate the serial number of the entry;

in column 2 - the date of admission to a part-time job;

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

Below, under the following serial number, make an entry about the dismissal from part-time work with reference to the order to terminate the employment contract.

If a a record of part-time work has been made , the record after the transformation of labor relations may look like this:

№ records	the date
№ records	number	month

			Shibanov V.V.
			Taken by an accountant.	Order dated 10.06.2013

				Order of Zarya LLC
			to a limited society	dated September 27, 2015 No. 44-p
			responsibility (LLC Zarya).
				Order dated 04.07.2017
			Parts 1article 77 of the Labor Code
			Russian Federation.

			Limited

				Order dated 11.07.2017

			Fired from part-time job	Order dated 10.07.2017
			by agreement of the parties, clause 1 of part 1
			article 77 of the Labor CodeRussian
			Federation.

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

Agreement

The next way to transform part-time work into the main job is to conclude an additional agreement to the employment contract on part-time work. Rostrud in Letter No. 4299-6-1 dated October 22, 2007 recommended just such a method, indicating that in order to transform into an employment contract concluded at a part-time job, it is necessary to make changes (for example, that work becomes the main one, about changing the regime work and other conditions, if any). But this is possible only after the employment contract at the main place of work is terminated.

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

to change the type of contract;

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

new conditions on working time and rest time;

new conditions for wages;

other conditions on which the employer has agreed with the employee.

The agreement must be drawn up in duplicate and signed by both the employee and the employer. Based on the agreement, an order is issued.

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

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

Reason: supplementary agreement dated July 10, 2017 to the employment contract dated April 11, 2015 No. b/n.

Acquainted with the order:

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

If there was no record of part-time employment while working at the main place, the record may look like this.

№ records	the date		Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
№ records	number	month
			Individual entrepreneur
			Shibanov V.V.
			Taken by an accountant.	Order dated 10.06.2013

			Dismissed voluntarily, paragraph 3	Order dated 04.07.2017
			Parts 1article 77 of the Labor Code
			Russian Federation.
			HR Specialist Koneva
			Limited
			responsibility of Zarya (LLC Zarya)
			Hired as an accountant.	Order dated 11.07.2017
			From 09/27/2017 to 07/10/2017 work
			at the same time.	Order dated 27.09.2015
				№ 44-p

If a part-time job entry was made at the previous main place, then the entry in the work book may look like this.

№ records	the date		Information on hiring, transfer to another permanent job, qualifications, dismissal (with reasons and a link to the article, paragraph of the law)	Name, date and number of the document on the basis of which the entry was made
№ records	number	month
			Individual entrepreneur
			Shibanov V.V.
			Taken by an accountant.	Order dated 10.06.2013

			Employed part-time	Order of Zarya LLC
			to a limited society	dated September 27, 2015 No. 44-p
			responsibility (Zarya LLC)
			Dismissed voluntarily, paragraph 3	Order dated 04.07.2017
			parts 1articles77 of the Labor Code
			Russian Federation.
			HR Specialist Koneva
			Limited
			Responsibility of Zarya (LLC Zarya)
			Part-time work	Order dated 11.07.2017
			became the main accountant.

There are two ways to change a part-time job to the main place of work: 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 design.