Registration of a part-time worker at the main place of work. How to arrange the transfer of a part-time worker to the main place of work? Priority method - additional agreement

Transferring a job to the main place of work from a part-time job is a common problem for HR managers. Many people prefer to hire a part-time worker through dismissal from their main job, but in this case the employee may lose vacation or other benefits! Then translation? What then should I write in my work book? Rostrud has long had its own opinion on this matter, which legislators consider correct. However, the transfer procedure is not stipulated in the laws.

Transfer of an employee from a part-time job to his main place of work - options

To begin the procedure for re-registration of a part-time worker, the employee first needs to quit his main job. This is required by the Rostrud administration ( letter No. 4365-6-1 dated October 26, 2007.). After dismissal, you can transfer.

There are only two options for solving the problem of transferring a part-time worker:

• admission through dismissal;
• transfer from part-time job to main place of work by transfer.

The first way is preferable for an accountant and HR officer - it’s also easier! No hassle - I quit there, brought my work report, then I quit my part-time job and voila - you can accept it. The procedure for dismissal and hiring is clearly outlined in the laws. But first you need to somehow force the employee to resign on his own.

Upon dismissal, compensation for vacation is paid, which means that the employee will not rest. And where are the guarantees that after he writes an application on his own, he will be hired back, but not as a part-time worker, but as a main employee? That's why here there is a possibility of refusal from the employee. In case of transfer, the employee is protected.

The transfer of employees from a part-time job to their main place of work is not provided for by any law, but is not prohibited either. And if you look at it and take into account the explanations of Rostrud, then there is nothing complicated in the translation.

Below we present arguments that will help convince an accountant that it is always easier to register a part-time employee by transfer than by dismissal. After all, it is accountants who protest against this scenario.

Part-time work – a condition or type of contract

An analysis of labor legislation does not clearly classify part-time work as a separate contract or as one of its conditions. On the one hand, the list of mandatory conditions of the TD does not include the condition of part-time work (Article 57 of the Labor Code), but Article 282 of the Labor Code obliges part-time workers to draw up employment contracts.

According to Rostrud (which is adhered to by inspectors from the State Labor Inspectorate), part-time work is precisely a condition employment contract, since it is this that determines the nature of the work. Then it turns out that dismissal from the main job automatically makes the part-time job the main one. Or not?

According to Article 72 of the Labor Code, the terms of the contract can only be changed with the consent of both parties - the director and the employee. Therefore, there can be no talk of any automatic change of employee status. Then what, should I arrange a transfer?

Legality of transfer to main job

Based on the meaning of Article 72.1 of the Labor Code, translation is a temporary or permanent change in it job responsibilities or place of work. In the case of part-time work, there is no change in either functions or place of work.

Therefore, it turns out that the transfer of a part-time worker is impossible. But there is a way out -

How to make a transfer

if you need to transfer a part-time worker to permanent job, it is enough to change the terms of the contract what can be done is trivial having signed additional agreement !

We draw up an additional agreement

The employee and director must agree to the new working conditions. An employment contract was concluded with the part-time worker, so the terms of this particular contract will change. To do this, the phrase “part-time work” needs to be changed to “work is the main one.” Accordingly, if the salary and work schedule changes, this also needs to be recorded in a supporting document, which will be an additional agreement.

The text of the additional agreement is something like this:

Text of the additional agreement

Fortuna LLC, represented by director S.S. Gorbunkov, acting on the basis of the Charter (hereinafter referred to as the “employer”), and G.G. Vasin. (hereinafter “employee”), agreed to the following:

clause 1.2. Employment contract No. 1 dated December 12, 2014. read as follows: “Work is the main thing for an employee.”

Accordingly, the re-registration of labor relations is fixed by order. For clarity, an order for transfer from a part-time job to the main place of work (sample):

ORDER No. 13-p

Based on additional agreement No. 1 dated December 25, 2015. to employment contract No. 1 dated December 12, 2014. between Fortuna LLC and Vasin G.G. I order:

1. Assign G.G. Vasin, who previously worked at Fortuna LLC as a part-time employee, to the status of the main employee from December 25, 2015.

2. Inspector of the HR Department A.A. Ruchkina make changes to the documents of Vasin G.G.

Director of Fortuna LLC _____________ S.S. Gorbunkov
The following have been familiarized with the order:
______________ G.G. Vasin
______________ A.A. Ruchkina

Important: details the said order will be reflected in the work book!

Now let’s look at how to make an entry into the employment record (transfer from a part-time job to the main place of work).

What to write in a work book

Neither laws nor instructions for maintaining work records it is not determined how to record the transfer of a part-time worker to the main job. But clarifications on this issue are provided by the Rostrud department ( letter dated October 22, 2007 No. 4299-6-1).

If there is already a record of part-time work in the employment record, then after marking dismissal from the main job, the following entry is made:

Recording in labor

Part-time work has been discontinued; he continues to work as a main employee.

If there was no record of part-time work, then after the notice of dismissal from the main job there should be the following text:

Recording in labor

Society with limited liability"Fortuna" (LLC "Fortuna")

Hired on December 25, 2015. painter in a paint shop. From 12/12/2014 worked part-time in the same position.

As you can see, transferring to the main place of work from a part-time job can be issued without dismissing a part-time worker.

Our organization employs several external part-time workers. Recently, one of them quit his main job and wrote a statement asking to consider our organization as his main place of work. To be honest, this is the first time we have encountered such a situation and we never even thought that a part-time employee could turn to a manager with such a request. The director categorically disagrees and says that this employee was hired as a part-time employee and is absolutely not needed by us on the terms of employment. Please help me figure it out: refusal? Our doubts are also related to the fact that when trying to find an answer to this question, we came across the following explanation: in such situations, “part-time work automatically becomes the main place of work for the employee”... Is this statement true?

Changing the status of a part-time worker at the request of an employee or by mutual agreement of the parties always raises a huge number of questions in practice. This is also due to insufficient legal regulation. Indeed, does an employee registered as a part-time worker have the right to demand a “transfer” to his main place of work, since he no longer has one? Let's try to answer this question.

Let us remember that labor is free, and the employee has the right to enter into employment contracts for part-time work with an unlimited number of employers, unless otherwise provided by federal law.

The specifics of regulating the labor of persons working part-time are determined by Chapter 44. The Labor Code of the Russian Federation does not provide for this, nor does it require terminating the employment relationship with a part-time worker or converting it into a relationship at the main place of work. Moreover, the employer at the place of part-time work may not even know that his employee no longer has a main place of work, which, by the way, most often happens.

Labor Code RF (hereinafter - TKRF). At the same time, Art. 60 1 of the Labor Code of the Russian Federation defines part-time work as regular paid work performed in free time from the main job, i.e. as an employment relationship that arises in the presence of a main place of work.

So, the law assumes that an external part-time worker must have a main place of work no way. What happens if his employment relationship with the employer at his main place of work is terminated? Let's say right away that, of course, no automatic change in part-time status(or, as they also say, “transformation of the employment contract”) does not occur.

YOU SHOULD KNOW THIS

In cases where a part-time worker has lost his main job for some reason, the law does not require a mandatory change in the type of part-time contract or any other changes to it.

How can the parties act in such cases in practice? We believe that there are three possible scenarios:

Option 1. The employee does not inform the employer that he does not have a main place of work, which means that there are no consequences for the parties.

Option 2. The employee informs the employer that he has resigned from his main job and asks that the part-time job be considered his main job. An employer who is interested in getting this employee to on an ongoing basis, of course, will agree, and the employment contract, by mutual agreement of the parties, will become a contract at the main place of work.

Option 3. The employee informs the employer of his desire to work at this place of work as his main one, but the employer is not interested in such a change in the employee’s status and has every right to refuse his request. As we can see, in the above situation, relations between the parties develop precisely according to the third option. Refusing an employee in such a situation is legal, and here's why.

AT THE SAME TIME...

The legislator, having indicated that part-time employment relations can arise only if there is a permanent place of work, does not require the employer to check this fact when concluding an employment contract with a part-time worker, and the employee, accordingly, to confirm his employment at the main place of work. Thus, Article 283 of the Labor Code of the Russian Federation on general rule does not provide for the obligation of a part-time job applicant to present documents confirming the presence of a main place of duty. In fact, the employer does not have the opportunity to make sure that the employee has a main place of work when applying for a part-time job. And only if admitted to hard work, work with harmful and (or) hazardous conditions labor, he is obliged to request a certificate about the nature and conditions of work at the main place of work, and the applicant is obliged to submit such documents.

Article 16 of the Labor Code of the Russian Federation provides that the basis for the emergence of labor relations is the signing of an employment contract or the actual admission of an employee to work with the knowledge or on behalf of the employer or his representative. Concluding a part-time employment contract is a voluntary expression of the will of the parties, who at the time of concluding such an agreement do not even have a choice - the employee already has another main place of work. So, an agreement on part-time work was reached and the contract was signed. The employer’s obligation to provide the employee with work stipulated by the employment contract is fulfilled in full. Further, during the employment relationship, the external part-time worker is subject to the norms of labor legislation, taking into account the features provided for regulating the labor of this category of workers.

Let's not forget that the law not only protects the right to work of workers, but also provides certain guarantees to employers. They are free to determine the numerical and high-quality composition personnel, distribute responsibilities between employees, and, ultimately, decide in what position they need a full-time employee, and what kind of work a part-time worker can handle working hours at least two times less than the time of employment of the main employee.

Thus, the legislator maintains a balance of interests of the parties to the labor relationship, and in such conditions it is strange to say that the employer is obliged, at the request of a part-time employee, to “transform” his employment contract and ultimately get the main employee in a position where this was not planned.

A certain judicial practice has developed on the issue under consideration.

EXAMPLE

The Judicial Collegium of the Moscow City Court, upholding the ruling of the Chertanovsky District Court dated September 21, 2010 in case No. 33-29345, indicated that the mere fact of dismissal of the plaintiff from his main place of work is not an automatic condition for his transfer from part-time work to his main place of work .

The St. Petersburg City Court adheres to a similar position in its cassation ruling dated February 17, 2011 No. 33-2292.

Resume

An agreement on part-time work cannot automatically become an agreement on the main place of work. Such a “transformation” is possible only by agreement of the parties to the labor relationship.

If an employee has terminated his employment relationship with the employer at his main place of work, then part-time work does not become his main job.

This conclusion follows from the content of Part 4 of Art. 282 of the Labor Code of the Russian Federation, according to which the condition for part-time work is prerequisite employment contract, and Art. 72 of the Labor Code of the Russian Federation, which provides that a change determined by the parties terms of the employment contract is permitted only by agreement of the parties and in writing. And if in our situation the parties do not come to an agreement, then the labor relations continue on the terms on which they arose.

From part-time workers to main employees and vice versa

The editors of the magazine "Salary" received a letter with the following content:

"I was faced with a difficult situation. The employee works at Vasilek LLC (main place of work) and at Romashka LLC ( external part-time job) chief accountant.

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

It is necessary that work at LLC Romashka become the main place of work, and at LLC Vasilek a part-time place of work.

Please tell me what documents need to be prepared for this and how. Is it possible to dismiss an employee with her consent from Vasilek LLC in connection with a transfer to Romashka LLC? If so, will her personnel number change? Is it necessary to conclude a new employment contract or is an additional agreement sufficient? What entries should be made in the work book? Is it possible to take into account accruals in favor of an external part-time worker when calculating benefits, vacation pay, etc. from the moment when part-time work became the employee’s main place of work (the position has not changed)?”

M. Bashtakovskaya, accountant

What is part-time work?

Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation).

From main workers to part-time workers

First, let's look at how an employee of Vasilek LLC can become a part-time worker from the main employee.

First, the employee needs to terminate the employment contract with Vasilek LLC, that is, resign from this organization. The grounds for dismissal may vary: at will, in connection with a transfer to another employer or by agreement of the parties. To indicate a desire to terminate an employment contract, an employee must write a statement indicating the reason for dismissal.

Based on the application, the employer issues an order to terminate the employment contract. On the last day of work, the employee is paid wages for the time worked, compensation for unused vacation, and other payments due upon dismissal and an entry is made in the work book. Now she can get a main job at Romashka LLC, and a part-time job at Vasilek LLC.

To be hired at Vasilek LLC (for the same position, but part-time), the employee must write an application, and the employer must conclude an employment contract with her and issue an order for employment. Please note: the employment contract must indicate that the job is part-time (Article 282 of the Labor Code of the Russian Federation).

After drawing up an employment contract, the employee is assigned a new personnel number. Annual paid leave for part-time workers is provided simultaneously with leave for their main job. If a part-time worker has not worked for six months, leave is provided in advance (Article 286 of the Labor Code of the Russian Federation). The period when a part-time worker worked in the same organization, but as the main employee, is not taken into account when calculating average earnings.

From part-time workers to main employees

Now let’s look at how to formalize the transition of an employee of Romashka LLC from part-time to main employee.

First, the employee’s employment contract must be terminated and the amounts due must be paid. Let us remind you that, like main employees, part-time workers have the right to receive compensation for unused vacation (Articles 287 and 127 of the Labor Code of the Russian Federation).

Then the employee must write an application for employment (for the same position, but at the main place of work), and the employer, Romashka LLC, after concluding an employment contract, must draw up an order for employment.

As in the previous case, after drawing up an employment contract, the employee is assigned a new personnel number. She has the right to another vacation only after six months (unless otherwise specified in the employment contract). The period of work as an external part-time worker is not taken into account when calculating average earnings.

General rules for making entries in the work book about part-time work

A record of part-time work is entered into the work book at the request of the employee at the place of main work if there is a document confirming part-time work. This is stated in Part 5 of Art. 66 of the Labor Code of the Russian Federation, clause 20 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, and clause 3.1 of the Instructions for filling out work books, which was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69.

In accordance with clause 3.1 of the Instructions:

• in column 1 of the “Work Information” section of the work book, the serial number of the entry is entered;
• Column 2 indicates the date of employment as a part-time worker (and not the date of entry);
• in column 3, a record is made of acceptance or appointment as a part-time worker in a structural unit of the organization, indicating its specific name (if the condition of working in a specific structural unit is included in the employment contract as essential), the name of the position, specialty, profession indicating qualifications;
• Column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.

For reference. According to the explanations of Rostrud, given in Letter dated 04/07/2008 N 838-6-1, the main place of work should be one. Hiring to the main job without dismissal from former place work, which is the main one for the employee, is not provided for by law.

A record of dismissal from this job is made in the same manner. If an employee resigns from the place of work where he works internal part-time worker, but continues to work at the main place of work, an entry is made in the work book only about dismissal from a part-time job. There is no need to certify such a record with the seal and signature of the responsible person.

Features of applying for a part-time job

When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or vocational training or their duly certified copies. If an employee gets a hard job, work with harmful and (or) dangerous working conditions, he must provide the employer with a certificate about the nature and conditions of work at the main place of work. If the main job is associated with the same conditions, part-time work is not allowed (Articles 282 and 283 of the Labor Code of the Russian Federation).

E.I. Pavlova

Supervisor

Legal services groups

Intercomp Global Services

Yu.A. Nikerova

Senior Scientific Editor

magazine "Salary"

T.A.Averina

Editor-in-Chief

magazine "Salary"

Transferring an employee from a part-time job to his main job within one organization can be done in two ways.

For example, such a transfer can be formalized through dismissal and hiring. To do this, first formalize the dismissal from a part-time job, and then hire this employee to the main place of work. In this case, the part-time worker must also resign from his previous main place of work. The legitimacy of this order is explained as follows.

Article 282 of the Labor Code of the Russian Federation calls part-time work “other regularly paid work under the terms of an employment contract.” Since the work is different and the employment contract is also different, hiring an employee to the main job is possible by terminating his previous employment contract and concluding a new one.

A transition from a part-time job to the main place of work is possible only by mutual consent of the employee and the organization.

How to “make” a part-time worker a main employee

Therefore, in the situation under consideration, the optimal basis for dismissal from a part-time job would be clause 1 of part 1 of Article 77 of the Labor Code of the Russian Federation, which provides for the termination of an employment contract by agreement of the parties. In such an agreement, it is possible to establish the condition that after the employee’s dismissal from his part-time job, he will definitely be accepted into the organization for his main job.

In addition, the following may be used as grounds for dismissal:

With this method of registering an employee’s transition from a part-time job to his main job, the working period is interrupted to provide him with annual leave, but compensation is paid for unused vacation.

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). Moreover, if an entry about part-time work was not made in the employee’s work book, then in column 3 of the “Work Information” section it is necessary to indicate: “Hired (name of position and, if necessary, structural unit) from (start date of part-time work). From (start date of part-time work) to (end date of part-time work) he performed his labor function as a part-time worker.” As the basis for making an entry in column 4 of the same section, indicate the details of the order for hiring part-time work.

If the employee’s work book contains a record of part-time work (made at one time at the main place of work), then after the record of dismissal from the main place of work, the full and abbreviated (if any) name of the organization must be indicated. In column 3 of the next line of the section, make an entry with the following content: “Work in the position (position name) becomes the main one from (date of the employee’s transition from part-time work to the main job).” In column 4 of the same line, enter the details of the corresponding order (instruction).

Part-time worker became the main employee

Transfer from a part-time job to your main job can be done in two different ways. One of them is the formation of an additional agreement to the existing part-time employment contract, after which the issuance of a transfer order. A sample of such an order can be downloaded below.

There is a second method, when the employee resigns according to all the rules from his part-time job and receives all the payments due upon dismissal. After this, he is re-employed in the same position with the conclusion of a new employment contract, but as a main employee.

The employer can choose any convenient method.

A simpler method of transfer is to draw up an additional agreement to the employment contract and prepare an order for transfer (recognizing part-time work as the main one).

If a part-time job becomes the main place of work: the position of Rostrud

It is important to indicate in the additional agreement that from a certain day the current workplace becomes the main one for the employee. At the same time, indicate that the condition of the employment contract on part-time work should be considered invalid from this day on. The conditions regarding the working regime, the amount of remuneration, and the rate must change.

The additional agreement is signed by the two parties, and an order is drawn up on its basis.

Additional documents - download sample:

How to issue an order for transfer from a part-time job to the main place of work

An order is drawn up in free form. The heading can be “on recognition of part-time work as the main job.”

At the beginning of the order, they indicate the basis for drawing up; in this case, this role is played by the concluded additional agreement to the employment contract; they explain the number and date of the agreement, as well as the details of the employment contract itself.

The following is an order to recognize the employee (his full name, position, department where the work was carried out are entered) labor functions as a part-time worker) as the main employee for this position. The effective date of these changes is indicated. It must coincide with that specified in the additional agreement.

In addition, responsible persons are ordered to make certain changes:

• keep records of the employee’s working hours in accordance with the new regime introduced by the additional agreement;
• make wages according to the working time sheet in accordance with the updated terms of the employment contract, taking into account the full salary;
• make changes to personnel documents about the transfer, in particular, you need to edit the header part of the T-2 personal card in the “type of work” column, here you need to make an entry stating that from a specific date the work is considered the main one, the employee needs to show this entry so that he signs consent. You also need to change the entry in the work book.

The order to transfer a part-time worker to the main place is signed by the manager. The responsible persons indicated in it are familiarized with it - personnel specialist, accountant. The order must also be made available for reading to the employee for whom the transfer is being made. All persons familiar with the contents of the order put their signatures.

It is up to the employer to decide which method of transferring an employee from a part-time job to his main place of work. Labor legislation does not provide any recommendations in this regard.

Sample order for transfer from part-time job to main place of work - download.

Russian labor legislation allows for the possibility of formalizing relations with the employer, both in the form of full-time employment and part-time employment with part-time registration. In order to enroll an employee in accordance with the letter of the law, you must adhere to the procedure established by the Labor Code of the Russian Federation.

In order to correctly register for a part-time position from the point of view of the law, personnel workers must follow the approved procedure and comply with all requirements of labor legislation:

• Articles 286, 228, 127 – contain the rules for concluding and terminating labor relations with the employer;
• settlement with an employee – Art. 77-78.80;
• provisions for the transfer of an employee are given in Article 72;
• rules for drawing up a work book and keeping records in it - Articles 57, 66, 282;

Since the Labor Code of the Russian Federation does not contain specific articles regarding the procedure for transferring from the main place of work to a part-time job without dismissal, the above articles allow you to re-register an employee in a new status without much effort.

The translation process is the preparation of an additional agreement to the contract.

The additional agreement with the employee must contain the following information:

1. The exact name of the department and position in which the employee intends to continue working.
2. Information about the start of the agreement and the transition to part-time work.

When transferring from a main position to a part-time position within one enterprise, a HR department specialist must take into account the nuances associated with keeping records in the work book, because working at his main place, the citizen deposited his labor employer, and part-time work on the basis of an additional agreement no longer requires this.

Combination presupposes the possibility of implementing labor activity in another enterprise as the main place of work, which entails the need to transfer the book to the personnel department of the main employer. Ignoring these provisions of the law may be considered a violation current standards, with further assignment of liability for violations. Therefore, when leaving the main position for a part-time job, it is necessary to comply with the requirements of the Labor Code for the dismissal procedure: with the issuance of a work permit and making all payments for the employee.

Basic part-time options

The translation processing process will vary depending on what type of combination is chosen: internal or external.

Internal part-time work allows for the possibility of continuing employment relationships with current employer in the old and new part-time status. External part-time work involves the employee leaving his main place of work for full-time employment in another company, while retaining a number of official duties in any position at the current place of work.

Description of the procedure

By allowing external part-time work, the employer must understand that from now on the employee will perform work in his free time from his main job. Making out internal alignment, the employee retains his current position, adding additional workload.

Standard procedure

Sticking to next plan actions, re-register from the main position to combine:

1. Drawing up and submission by the employee of a resignation letter at the main place of work.
2. Coordinating it with management.
3. Preparation of a termination order labor contract.
4. In the personnel service, the employee makes a corresponding entry in the labor record.
5. Drawing up and signing a new agreement on new terms of employment, position and payment.

It is important to consider that re-registration as a part-time worker actually means the employee’s ability to work in other places.

Phased transfer to external part-time work

Next detailed instructions will allow you to take into account all the requirements of the Labor Code related to the moment of transition to a new labor relationship between an external part-time worker and the employer:

1. Termination of a current contract with an employee can be formalized in two ways: by agreement of the parties (Clause 1, Part 1, Articles 77, 78) or based on an application at the employee’s own request (Clause 3, Part 1, Article 77).
2. Based on the order to terminate the employment contract, the relevant services of the employer initiate the process of registering an entry in the labor contract and making final settlements with the employee ( HR department and accounting, correlating their actions with the provisions of Article 84.1 of the Labor Code).
3. An employee who is re-registered as a part-time worker receives wages based on worked and unpaid work output, unused next vacation, and in case of dismissal by agreement - another compensation payment agreed upon with management.
4. The personnel service records the employee’s dismissal in the labor record, and also issues all the papers accompanying the procedure.
5. Only after the termination of the dismissal process is it possible to rehire the employee, already in the new status of a part-time worker, indicating in the new agreement the established working conditions and his payment.

When re-registering a citizen, the employer’s services must take into account some features of the procedure.

The resignation letter is written in a standard form, according to the template established at the enterprise, indicating the applicant’s personal information, the date of termination of the working relationship and the basis for dismissal - “at one’s own request.”

An integral part of the transfer to combined work is the accounting department’s calculation of vacation pay for the time worked. The new vacation period in 2019 will be counted from the moment of entry into new position, and vacation payments are made only for the time that the employee actually worked in the new status.

When hiring a part-time worker, the employer must take into account that new salary employee should not be more than half the salary received by employees in similar positions as essential employees.

Companies are faced with a situation where it is necessary to transfer an employee who simultaneously performs several official duties to a permanent position.

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Consequently, the question arises: is it possible to transfer a part-time worker to the main place of work and is it worth terminating the old employment contract and concluding a new one?

What you need to know

An automatic transition from a part-time job to a permanent job cannot be made by terminating the contract with the previous employer.

Since the agreement on part-time work and on the main place of work contains different conditions.

Amendments to the contract are possible by agreement of both parties ().

To do this, the parties to the agreement must formalize in writing relevant additions to the existing agreement.

The new document will serve as confirmation that the work that was previously additional income, has become the main place of work for the employee.

Basic Concepts

It arises when an employee has an employment relationship with one employer, and in free time performs other paid work. These relations are secured by the relevant agreement.

The document must contain information that additional responsibilities do not relate to the main activity ().

Part-time work happens:

Principles of part-time work

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

Characteristics of part-time work:

1. A person has a main place of income.
2. An additional agreement is concluded with your or another employer. It specifies the necessary conditions.
3. A person performs part-time work when he is free from his main job responsibilities.
4. Additional work is regularly paid.
5. Information about earnings in addition to the main place of activity is entered into the work book.
6. Re-registration of relations is carried out with the consent of the worker (). It is worth noting that this issue is not fully regulated by current legislation.

Regulatory framework

Then in personal documents for the new employee, appropriate entries are made. Employers try, if possible, not to use this registration technique.

Since, when dismissing a part-time worker, it is necessary to make monetary compensation for the time unused vacation ().

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

If the employment agreement is terminated, then an appropriate deduction must be made ().

Accrued wages may not be sufficient to complete this transaction. This method is also disadvantageous for workers.

There are three reasons:

• they will receive the next right only after six months from the date of commencement of new duties;
• the leader will install;
• there will be difficulties with counting continuous experience.

However, there are people who support this method of formalizing labor relations. Their argument differs from the main work in the nature of legal relations.

The first is regulated 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's better to use .

Translation

Some organizations resort to the translation method, guided by.

Stages of the procedure:

1. The worker presents the new manager with a work book, which contains a note of dismissal from his previous place. Then he serves.
2. The boss publishes.
3. An appropriate mark () is made in the personal card, personal documents on the person’s employment.

Disadvantages of this method:

1. 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 the person continues to hold his position, there is no reason to commit such actions. A 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.
2. Standard forms of orders to change the place of business do not have a column to reflect the relevant data (). All information about the person will be duplicated. As a result, the meaning of using translation is lost.
3. Data about part-time work is entered into the personal record book at the request of the worker (). However, such a mark may not stand. Therefore, it is not possible to record the transfer.
4. When applying for a pension benefit, such a person will encounter certain difficulties. It will be difficult to recalculate continuous experience. You will need a clarifying certificate giving an idea of ​​the operating conditions.

Addendum to a previously concluded employment agreement

The changes concern some clauses of the part-time agreement. Changes:

• worker status;
• length of time spent at work;
• wages.

The worker is required to submit the following documents:

• personal document with employment records;
• data on wages for the previous year or two;
• document confirming the right to .

Sequence of actions:

1. A person draws up a written application with a request to replace the “part-time” status in the documents with “main”. Since dismissal from the previous main place of work was recorded.
2. If the manager and employee have reached an agreement on the nature of the activity, an addendum () is drawn up and signed.
3. The manager issues an order to hire the employee for permanent employment.
4. The work book is updated with a special entry: “Part-time activities have 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 about the conclusion of agreements.

This option of re-registration of relations creates additional problems. When calculating continuous service, many are refused a pension.

Sometimes even a legal dispute arises. It is much easier to change agreements within one enterprise.

There is simply a change in the type of activity (). Therefore, it is not always necessary to draw up orders and additions to.

Formation of an application

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

The document contains a respectful address. The following design sequence is used for the header:

1. Recipient's job title.
2. Full name in dative case.
3. The applicant's position in lower case. Genitive. “From” is not written, but is implied.
4. Full name of the employee.

Below in the center is written “Statement” with a capital letter. Since this is the beginning of the document, there is no period.

Below on one line. On the left side is the date of application. On the right side there is a personal signature and its transcript.

Director's transfer

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

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

Recording in labor

The Labor Code and instructions for filling out work books do not provide clear instructions for entering changed data. However, this mark must be there.

The length of working hours depends on it. This affects the guarantees, benefits and compensation due to the employee.

A person’s personal document sometimes contains a record of part-time activities made by the previous manager.

In this case, after information about dismissal from the former main place, the “Job Information” section is filled out:

1. Column 3 must contain the abbreviated and full name of the new organization.
2. The second section contains the serial number of the entry.
3. The date of dismissal as a part-time worker on the basis of the order is indicated next to it.
4. Next, there is a link to the corresponding section of the Labor Code of the Russian Federation.
5. In column 4, write “Order”, date and number.