home Audience 6 Transfer from a part-time job to the main place of work *. Transfer of an external part-time worker to the main place of work

Transfer from a part-time job to the main place of work *. Transfer of an external part-time worker to the main place of work

29.05.2017, 16:47

A part-time employee moves from part-time work to permanent work in the organization where he works part-time. To do this, he quit his main job. Now such a change in its status needs to be properly formalized. We will help the personnel specialist to draw up an additional agreement on the transfer of a part-time worker to the main place of work. A sample of such an additional agreement, prepared by our experts, will help the personnel officer not to waste time inventing the necessary wording.

We make changes to the employment contract

As you know, all adjustments to employment contracts are made by concluding additional agreements. After all, the current legislation does not provide for another way to change the terms of an employment contract (Article 72 of the Labor Code of the Russian Federation, letter of Rostrud dated 10.22.2007 No. 4299-6-1).

What to include in an addendum

We must say right away that there is no single approved form for additional agreements to employment contracts, so such a document can be drawn up in any form. In an additional agreement on the transfer of a part-time worker to a permanent job, you must specify:

the fact of the transition from part-time to the main place of work;
the name of the position to which the employee is transferred;
mode of operation;
salary.

To help the HR specialist cope with the task assigned to him, our experts have prepared a sample additional agreement on the transfer from part-time to the main place of work.

Recall that the additional agreement must be drawn up in two copies. One copy must be given to the employee, and the second will remain in the organization (individual entrepreneur).

After the parties sign the additional agreement, it is necessary to issue an order on the transfer of the part-time worker to the main job.

After issuing the order, it is necessary to make an appropriate entry in the employee's work book. She should be in his hands, since he will quit his previous main job.

Can be done without an agreement

When choosing this method of re-registration of labor relations with an employee, you can not draw up an additional agreement, but you will have to go through the procedure for dismissing a part-time job and hiring him for the main job.

In difficult times of economic instability, many citizens are faced with the realities of life, which necessitate employment on the basis of external or internal part-time jobs in order to obtain an additional source of income. There are situations that force an employee to transfer from the main place of work to a part-time job. This may be due to production nuances associated with a decrease in the volume of work for which it is not necessary to involve a full-time employee. The reason for changing the format of labor relations may be personal circumstances of employees, as well as if he found a higher paying job as the main one.

How to apply for a change of employment status

The change of the main to the joint working status of an employee can be carried out within the framework of one business entity or in the form of a transfer to another company. The procedure can be formalized in several ways, each of which requires documentation.

Dismissal

A simple way to transfer an employee is to register him as a part-time employee after a preliminary dismissal as the main employee. It is worth noting that part-time employment can only be issued after recognizing another workplace as the main one. The dismissal procedure is formalized in a standard way and can be initiated both by the personal desire of the employee and by agreement of the parties. It is obligatory for the employee to write an appropriate application, which is the basis for the preparation of administrative documentation on the termination of relations with the employee and on the termination of the employment contract.

Upon dismissal of an employee, even if relations are restored in the subsequent period as a part-time employee, the employer is obliged to pay compensation for unused vacation. As an alternative, the employee can be offered a rest before leaving. This method of translation has negative aspects for the worker, expressed in events:

when relations are restored on the rights of a part-time partner, a probationary period is established, which may be the basis for deprivation of the right to carry out activities in a new status due to non-compliance with qualification requirements;
vacation is only possible after six months from the date of new employment.

It should be noted that the efficiency of the event, expressed in the registration of dismissal and hiring on the same day, will not interrupt the length of service and will not violate pension rights.

Transfer to a part-time job from the main place of work without dismissal

Exemption from some and the imputation of other duties through a change in the format of labor relations can be issued through a temporary or permanent transfer. Temporary transfer is carried out only by agreement of the parties. The operation is relevant in a situation where the main employee is charged with additional tasks as a part-time worker, for the duration of which he will be released from the need to perform the main work.

You will need

When transferring a part-time job from one position to another:
- statement of the employee;
- transfer order;
When transferring from a part-time job to the main job:
- work book of a part-time job with a record of dismissal from the main job;
- application and order for employment;
When transferring from the main job to part-time jobs:
- letter of resignation and order of dismissal;
- an application, an order to accept a job and an employment contract with reservations about part-time work.

Instruction

More or less clear is the situation when , performed according to part-time, becomes the main one for a person. In this case, he must quit his previous main job. And in the place where he previously worked on part-time, an order is issued to hire him and an entry is made in the labor in the general order. There are also situations when a person quits his main job, and wants to remain a part-time job at a parallel one. Legally speaking, there are no barriers to this. He continues to work on part-time. But if in his work book there is an entry about part-time work, and he decides to leave this job without getting a job with another main one, he will have no one to write about.

Sources:

part-time job dismissal

Advice 4: How to arrange a part-time job in a work book

Employees work two jobs, either in one organization or in two or more. Often, a work book is issued to them only at their main job, and confirmation of the second is an employment contract. In labor book it is allowed to make a record about part-time work. This is spelled out in the Labor Code of the Russian Federation.

You will need

document forms, part-time work book, company seal, pen

Instruction

When an employee works in two positions in one organization, he needs to write an application addressed to the first person of the company with a request to make an entry. The employee puts his signature and the date of writing the application. The director of the enterprise puts a resolution on the application. The content of the resolution should be as follows: “Make an entry in the labor book About work ". The head of the organization puts his signature and date.

Since the organization has rather drawn up an employment contract and issued an order for admission to a part-time job, the personnel officer has an entry in the labor book about part-time work. Puts the date of part-time admission, the serial number of the entry, and the part-time entry must follow the entry about the main job. The basis is the order for hiring part-time. The personnel officer writes his position, puts his signature, certifies the record with the seal of the enterprise.

When an employee works part-time in two organizations, he needs to request from the enterprise where he works part-time a copy of the order for hiring part-time in this organization, an extract from this order or an employment contract. But it would be most correct to request a part-time certificate on the letterhead of the enterprise, where the personnel worker writes that the employee really works in a certain position in this organization from a certain date. The certificate is signed by the company, it is certified by the seal of the enterprise.

At the main place of work, the personnel officer makes a record of part-time work in another organization after the record of the main job. The basis is a certificate from a part-time job. Moreover, it is glued into the labor worker. The record is certified by the seal of the enterprise from the main place of work. The personnel officer also signs, puts a transcript of the signature and his position.

Tip 5: How to transfer an employee from one organization to another

The transfer of an employee is carried out from one organization to another to a similar position, both by decision of the employee himself, and by agreement between enterprises. For this, a specialist must be fired from one company by transfer, and in another organization, apply for a job by transfer.

You will need

Forms of relevant documents, employee documents, documents of both organizations, seals of both companies, a pen, the Labor Code of the Russian Federation.

Instruction

If the employee decides to transfer to, he needs to write a letter of resignation by transferring to the name of the first person of the company. On it, the employee puts a personal signature and the date of its writing. If the employer agrees, the director affixes a resolution with the date and signature on the application. From the head of another organization, it is necessary to write a letter of intent to hire this employee and send it to the address of the location of the enterprise where the employee currently works.

If organizations have agreed between themselves on the translation of this specialist, then they need to write an agreement signed by the heads of both companies and certified by the seals of the enterprises. Write a notice to the employee, indicating the conditions of work in it. On this document, the employee puts a personal signature and date, thereby familiarizing himself with it and giving his consent.

Draw up a dismissal order by transferring to another employer in the T-8 form, to which assign a number and date. In the administrative part, write the position held, last name, first name, patronymic of the dismissed employee, as well as the date of termination of the employment contract with him. Certify the document with the seal of the company. The right to sign the order has the director of the company indicating the position, surname, initials.

In the employee's work book, put the serial number of the entry, the date of dismissal in Arabic numerals. In the information about the work, enter, referring to paragraph 1 of part 1 of article 77 of the Labor Code of the Russian Federation, that the employee was fired by transferring to another employer. The basis for making the entry is the dismissal order, indicate its number and date. Certify the entry with the seal of the enterprise, the signature of the person responsible for maintaining work books, indicating the position, surname, initials.

Having received the work book in his hands, the specialist writes an application addressed to the director of the company in which he is accepted by transfer. The head, in turn, issues an order for employment, signed by him and certified by a seal. Sign an employment contract with the employee. Moreover, the probationary period for such an employee is not established. It is accepted on a general basis. In the work book, in the information about the work, enter the name of the enterprise, the name of the position, the structural unit where the specialist was accepted. Indicate the name of the organization from which this employee left in the order of transfer.

Sources:

How to transfer an employee from one organization to another
how does a c a b translate

Due to medical indicators and other reasons, the employer has the right to transfer the employee to another structural unit. Moreover, it should be located in the same area where the current place of work of the specialist, his labor function should not differ significantly from the duties performed in the current position.

You will need

- employee's documents;
- enterprise documents;
- seal of the organization;
- Labor Code of the Russian Federation;
- pen.

Instruction

The written consent of the employee to move to another place of work is not required, but the condition must be met that the rights and obligations specified in the employment contract with the employee do not change. To carry out the transfer of a specialist to another job, the structural unit of the director of the enterprise should issue an appropriate order. The basis for its compilation is a memo from the head of the structural unit in which this specialist works. The document is sent to the first person of the company for consideration, who, in case of consent, puts down a resolution on it with a date and a signature.

If the initiative to move to another place of work comes from the employee, he needs to write an application with a request to be transferred to another position, structural unit, while the employee's labor function does not change. The specialist signs the document and puts on it the date of its writing. The director also affixes the resolution to the application with a date and signature.

Draw up an order, in the header of which enter the full and abbreviated name of the enterprise, indicating its organizational and legal form. Assign the number and date of publication to the document, write the name of the city in which the organization is located. Specify the subject of the order, which in this case corresponds to the movement of the worker. Describe the reason for compiling the document, the reason for moving this employee to another place of work, structural unit. In the administrative part, enter the last name, first name, patronymic of the specialist, his personnel number, the title of the position held and the name of the position, the structural unit where he is being moved. Assure the order with the seal of the organization and the signature of the director of the enterprise. Familiarize the employee with the document for signature.

There is no need to draw up an additional agreement to the employment contract, since the main labor function of the employee has not changed. It is not necessary to make entries on the movement in the work book of the employee. This is spelled out in article 72 of the Labor Code of the Russian Federation.

Sources:

Temporary transfer of an employee and relocation

Labor relations with a part-time worker are regulated by article 282 of the Labor Code of the Russian Federation. A fixed-term or open-ended employment contract is concluded with both the main employee and the part-time worker, the head of the enterprise issues an order and, if the part-time worker wishes, an entry is made in the work book.

You will need

- a statement from an employee;
- documentation;
- employment contract (or additional agreement);
- order form T-1;
- official duties.

Instruction

If an external part-time job is arranged for you, whose main job is at another enterprise, ask the employee to write an application for part-time employment, present a passport, documents on education, qualifications and other documents required by the specifics of the job. This can be a sanitary book if your company specializes in food products, a category if a part-time worker gets a job, access to machinery, etc.

The part-time work book is located at the main place of work, therefore you have the right to demand only an extract from it, since this document is issued to employees only in case of dismissal. If the part-time worker wants an entry to be made in the work, then you must issue a certificate. The entry will be made in the personnel department at the main place of work (Article 66 of the Labor Code of the Russian Federation).

Conclude a fixed-term or open-ended employment contract with a part-time worker with the obligatory inclusion of a clause that the work is a combination of professions (Article 68 of the Labor Code of the Russian Federation).

Issue an unified form T-1 order. The basis for issuing the order is the employment contract signed with the part-time worker.

Familiarize the employee with the internal regulations of your company and job responsibilities.

When hiring an internal part-time job, you do not need to request a package of documents for registration of labor relations. A part-time job entry must be made in your employee's personnel department, that is, it is not mandatory and is made at the request of the part-time job.

As well as in the case of an external part-time job, you are required to issue an order of the T-1 form on the basis of an additional agreement or a separate employment contract.

Advice 8: How to transfer an employee to a part-time job from the main place of work

If your main employee is registered in accordance with the norms of labor legislation, and you would like to transfer him to part-time workers, then you should carry out the procedure for dismissing him. After the employee gets another job as the main one, you can accept him on a part-time basis.

You will need

- employee's documents;
- forms of relevant documents;
- enterprise documents;
- seal of the organization;
- labor legislation.

Instruction

Upon dismissal main worker you should accept a statement from him. In it, the employee must register his request for dismissal of his own free will. The application must contain the following information: personal data of the specialist, date of dismissal, title of the position, department in which the employee is registered. The document is signed by the employee and endorsed by the head of the enterprise to whom it is sent for consideration.

As a rule, the fact of dismissal should be documented. In this case, a dismissal order is mandatory. In it, write down the personal data of the employee, the name of his position and the service in which he worked. In the administrative part, indicate the date of dismissal. Properly certify the document and familiarize worker with him.

The accounting department must calculate all payments due to the employee upon dismissal. Personnel employees should make an entry about the dismissal in the specialist's work book, issue it on the last working day, along with funds for unused vacation, actually worked time.

When an employee registers for another enterprise on a general basis, accept him for a part-time position. Carry out the acceptance procedure in accordance with the labor laws governing the work of a part-time worker.

Accept an application from the employee with a request for a part-time job, conclude an employment contract in which you specify the conditions under which it is accepted. Please note that a part-time worker can only work in his spare time from the main work time. The employer must pay for the performance of the official duties of such an employee so that his salary does not exceed 50% of the salary of specialists drawn up on a general basis.

Draw up an order for admission to the position and make a note about part-time work. If the employee wishes to formalize the employment relationship in the work book, then you will not be able to do this, since the entry of the additional position remains with the main employer.

Who pays sick leave to a part-time worker?

Sources:

Is it possible to transfer an employee from the main place of work to a part-time job?

You can work part-time in the same company with the same employer or combine your main job with a part-time job with another employer (Chapter 44 of the Labor Code of the Russian Federation). If an employee wants to switch to permanent labor relations at the place of part-time employment, then they can be issued at the discretion of the employer (Article 72 of the Labor Code of the Russian Federation).

You will need

- employee's passport;
- a statement from an employee;
- employment history;
- a document on education (other documents stipulated by the specifics of the work);
- additional agreement (employment contract);
- order;
- job descriptions.

Instruction

The law does not give clear explanations about the re-registration of labor relations with part-time workers, so you can choose from three options - a new one from a permanent place of work, transfer from one organization to another by agreement, or draw up an additional agreement to the contract.

If you decide to apply a new employment relationship, then the part-time worker must leave the place of work, and also write a letter of resignation from the part-time job. Make a full payment with him for part-time work, issue a dismissal order. Next, make the usual registration of labor relations, as with any newly hired employee. Get an application for employment, a work book, a certificate of education, and other documents required by the specifics of the job. Draw up an employment contract, order, familiarize the newly hired employee with job responsibilities, make an entry in the work book and personal card.

To arrange by transfer, agree with his employer, for whom he works constantly about the transfer. The employee will make an entry in the work book about the transfer, you will conclude an employment contract with him, issue an order stating that the previous contract has become invalid, as well as the day, month and year when the employee will start working on a permanent basis. Familiarize him with job descriptions, make an entry in the work book and personal card.

To draw up a part-time job by means of an additional agreement to the employment contract, draw up an agreement, indicate that indefinite labor is concluded, the amount of salary that will be remuneration for work, and other conditions. Issue an order, make an entry in the work book and personal card that the transfer has been made on a permanent basis. Most often, such relationships are concluded with internal part-timers.

Tip 11: How to transfer part-time workers to a permanent job

In order to transfer an employee working part-time to a permanent place of work, it is necessary to issue a dismissal from both the main place of work and part-time work. Then accept the employee for a position on general grounds in accordance with labor legislation as the main place of work.

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 right to choose remains with the parties to 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 read the documentary support for employment in the article.

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 record, a record should be made that, from a certain date on, the work has become 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 regulating his 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. As a general rule, an open-ended contract is concluded.

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 workbook

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.

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 the general procedure for dismissal and hiring is applied, then in the first case 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.

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 hire an external part-time 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.
An additional agreement is drawn up to the previously concluded 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 part-time contract and the conclusion of a new contractual relationship with full employment. 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 there was no record of hiring part-time in the work book, 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 departments 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.