How to transfer an employee to a part-time job from his main place of work - investim.info

How to transfer an employee to a part-time job from their main place of work

First of all, you need to know that such a thing as a transfer from the main place of work to a part-time job does not exist either in the law or in personnel documents.
In the usual sense for employees, a transfer means concluding an additional agreement to the employment contract. The additional agreement contains information about the position and unit to which the specialist will be transferred, as well as the date from which he begins to perform his official duties. However, in the case of part-time work, everything is not quite the same.

Changing the main to part-time working status of an employee can be done within one business entity or in the form of a transfer to another company. The procedure can be formalized in several ways, each of which requires documentation.

Dismissal

A simple way to transfer an employee is to register him as a part-time employee after preliminary dismissal as a main employee. It is worth noting that part-time work can be arranged only after another workplace is recognized as the main one. The dismissal procedure is formalized in a standard way and can be initiated either by the personal desire of the employee or by agreement of the parties.

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

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

Relief from some duties and assignment of others through a change in the format of labor relations can be achieved through a temporary or permanent transfer. Temporary transfer is carried out only by agreement of the parties. Carrying out the operation is relevant in a situation where the main employee is charged with additional tasks as a part-time worker, during which he will be relieved of the need to perform the main job.

Relations are regulated by administrative documentation, the validity of which cannot exceed one year. This pattern of relationships is possible in the event of a temporary absence from the workplace of an employee whose duties must be performed urgently. In such a situation, the duration of the order will be determined by the return to work of the replaced employee.

What needs to be done when a worker’s status changes, if the circumstances of the performance of his duties change?

What is involved in the transfer from a non-permanent performer to a permanent worker? How to properly complete all documents without breaking the law?

Not all personnel officers know the answers to these questions, so our article will help you find out what to do in this or that case.

Legal basis

In some cases, when a part-time employee performs other duties during non-work hours, this is sometimes required to become the employee's main job.

How to formalize such changes so as not to infringe on the rights of the worker? Many personnel officers get lost in such situations and do not know the correct course of action.

Legal relations between employer and employee are regulated by several main articles of the Labor Code of the Russian Federation.

Thanks to the provisions described in them, the following actions are performed:

• dismissal and hiring (Articles 228, 127,286);
• general rules for settlements with an enterprise (Articles 77, 78, 80);
• translation (Article 72);
• registration of documents or entries in the work book (Article 57; 66; 282).

Labor Code of the Russian Federation

Possible options

There are two types of part-time work: internal and external.

This depends on whether the employee continues to perform other duties at his enterprise or, after his main job, goes to another institution.

Re-registration of status from part-time to main employment has some difficulties, because The legislation does not have a clear plan of action in connection with this issue.

With such a transfer, a person chooses one of two options for document preparation:

• dismiss part-time employees and formalize acceptance to the main position;
• draw up and sign an additional agreement to the contract between the employer and the employee.

There is a described procedure in the Labor Code for dismissing a part-time worker with subsequent promotion to the main position.

When registering a new part-time status, some peculiarities arise for both the worker and the employer.

This applies to performing duties at one or different enterprises, as well as nuances when terminating a contract and accepting a former part-time worker in a new status.

An external, non-primary position can be transferred to the status of the main job only after the employee is dismissed from the main job.

The re-registration of duties is formalized by an order to change the conditions of employment, to which the employer and employee agree. The basis of the order is Art. 72 Labor Code of the Russian Federation.

There is no approved standard form for a personnel order on the hiring or transfer of a worker to the main place of work.

Order for employment (form T-1)

In this case, the personnel officer drew up an additional agreement to the employment contract, which indicated certain changes in working conditions from the moment the worker applied for a change in status, and signed an order to this effect. Entries were made in the work book based on the order.

There are two ways in which you can transfer from a part-time job to your main place of work, which are explained in detail below.

Dismiss-accept

The employee is fired for his main type of work and part-time work, and then rehired, only now for the main position, the duties of which he previously performed part-time.

All orders on dismissals and hiring are issued on the same day.

The corresponding entries are made in the work book.

This procedure is not welcomed by either the employer or the employee, and here's why:

• The employer needs to make compensation payments to the employee for vacation days that he earned and did not claim.
• For an employee, upon dismissal from a part-time position and re-acceptance, a new probationary period may be established and the vacation period may be pushed forward by six months.

Therefore, a more satisfactory way of this procedure for both parties would be to formalize the transfer.

Translation

With an internal transfer, the process of re-registration of a worker's status is impossible without dismissal from the main job, but here there is no longer a need to quit from a part-time position.

Procedure:

• The employee must first write a letter of resignation from his main job, which the employer must approve.
• Next, an order is issued to terminate the employment contract.
• The personnel employee makes a corresponding entry in the work book.
• Then, on the basis of an additional agreement to the employment contract and an order, an employee of the organization is transferred from a part-time employee to a permanent employee, indicating that this is now his main place of work.
• The personnel employee makes another entry in the work book.

Sample letter of resignation from main job

Sample dismissal order

Example of an order

Example of an additional agreement

Entries in the work book made in accordance with the procedure for transferring a worker from a part-time job to his main job are presented in the table.

When transferring a part-time employee to a permanent employee, it is imperative to draw up an additional agreement to the employment contract.

This is due to the fact that the clause on the performance of duties specifies the conditions for their fulfillment.

Regarding the translation procedure, the legislation states that it can be carried out if required:

• to move to another structural department of the organization;
• together with the relocation of all production to another territory;
• performing another type of activity at the same enterprise, which has a significant difference from the main duties.

Dismissal

Phased transfer to external part-time work

By adhering to these recommendations, you will be able to take into account the requirements of Russian labor legislation related to the process of switching to a new relationship between the enterprise and an external part-time worker. These recommendations include:

• Termination of the current employment contract can be formalized in two ways: based on the employee’s application at his own request or by agreement of the parties.
• An order to terminate such an agreement obliges personnel services to make appropriate entries in the work book and make the final payment. This must be done even if the person continues to work at this enterprise in the future, but in a different status.
• When re-registering as a part-time worker, he must receive funds earned for the period of worked but unpaid working days. Unpaid days of the next vacation are compensated. If the dismissal is carried out by agreement, other compensation accruals may be made. The employee personally negotiates them with management; in this case, they need to be guided by the relevant document from their superiors.
• Also, the personnel service is obliged to make an entry about the dismissal in the work book, hand it over to the employee and all other documents required by law.

Only after the dismissal procedure has been fully completed and all legal requirements have been met can a citizen be rehired as a part-time worker. It is also necessary to draw up a new employment agreement indicating the changed working conditions and payment for it.

Rules

If any changes in positions are planned, HR employees should know how the registration is carried out. To do this, you should be guided by the following legal acts:

• Rules of April 16, 2003.
• Instructions dated October 10, 2003.

Based on them, filling out the main document is carried out as follows:

1. All information can be entered only if a written order or order is received from the boss. Entries to transfer the employee and others are made within a week. Only the issue of dismissal needs to be resolved in one day.
2. The data must be reliable and completely coincide with what is in the employer’s document.
3. Numbers are indicated in Arabic characters.
4. Any abbreviations in the employee's record book are unacceptable.
5. Entries are made only in the state language.
6. The employee should be informed that a change in position has been recorded. He must sign this on his personal card in the approved form, in accordance with the law.

The need for an additional agreement and its features

Transfer to another - a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer.

Transfer to another job is permitted only with the written consent of the employee (Article 72.1 of the Labor Code of the Russian Federation).

Legal basis

Labor Code of the Russian Federation

Rules

If we are talking about external part-time work, when an employee works in completely different organizations, then only one option is possible: dismissal and hiring.

Internal part-time jobs are two positions in one company. For example, a person worked as an accountant in a store that was part of a holding company.

In this case, the store turns from the employee’s main place into a part-time job. This is internal combination.

Internal transfer

So, how is an internal transfer of an employee carried out (in the same organization). In practice, sometimes personnel officers make an entry in the work book about a transfer from the main place of work on a part-time basis, because the Labor Code does not have clear instructions or prohibitions in this regard. The Instructions for Maintaining Work Records also do not provide an exact answer to this question.

For an employer, a transfer is more profitable than dismissal-hiring, because you don’t have to pay compensation for unused vacation.

The employee also often asks for a transfer and refuses to write a letter of resignation because he is afraid that he may not be hired back, and also does not want to lose vacation and possible benefits for continuous service (which is interrupted in the event of dismissal).

This is how quite controversial entries appear: “translate ... part-time ...” for the old main place and “accept permanently ...” for the new one. This is due to a certain misunderstanding of the difference in the similar terms “part-time” and “combination”, which imply a completely different approach to the preparation of documents.

A person can perform part-time work only in his free time - that is, after the end of the legal eight-hour day at his main job.

Therefore, when working part-time, this means an additional 4 hours of working time and a separately issued salary.

An entry in the work book about a transfer from a main job to a part-time job can cause confusion in calculating the average salary to finance vacation and sick leave:

• There are norms of the Labor Code of the Russian Federation stating that the employer must keep track of working hours (including overtime). How to do this if, in the event of a transfer, the employee can only have one timesheet?
• In addition, the following practice has developed in accounting: accounting is done on the basis of a document, and if there is no document, then there is no accounting. If there is only one personal account, then it is difficult to highlight the amount that the employee received at his main job and separately take into account the amount received as a part-time employee.
• With computer personnel accounting, for example in 1C, it is impossible to change the “status of an individual” without a dismissal-hiring procedure when a part-time worker becomes a permanent employee.
• Two time sheets are made for the part-time worker and, accordingly, two different personnel numbers are entered. It is necessary to have a separate personal account and time sheet to avoid confusion in the work record and subsequent problems with the pension fund, which very carefully studies the records.

It is more logical when an entry in the work book about a transfer from the main place of work to a part-time job is made using the dismissal-hiring option.

For example, the head of the department for supervision of compliance with labor legislation of the Federal Labor Service, Anatoly Eshchenko, believes that the fact of re-registering an employment relationship with a part-time worker through a transfer to the main job conflicts with the law. The same is true for the opposite option - transferring to a part-time job from the main job.

Part-time work requires a primary position. And to get a main job, you must provide a work book with a record of dismissal from your old place of work.

So it turns out that, in terms of legislation, you must first fire an employee and then hire him on a part-time basis.

It is necessary to sign a new TD, issue an order for admission, register a new T-2 and time sheet (personal account).

The algorithm is approximately the following:

1. Fired from (main) job in division A (for such and such reasons).
2. Hired to (main) job in division B.
3. Hired to work part-time in division A.

Dismissal can be registered as an agreement of the parties or at the initiative of the employer. The employment agreement is terminated by order (instruction) of the employer. Based on the order, an entry is made in the personal card (T-2), work book and personal account.

After dismissal from the former main organization, the employee must get a new job, and only after that he can take part-time employment at his former main place of work.

From a logical point of view, the dismissal-recruitment option is the most optimal, because only in this case there will be no contradictions with the law.

Consequently, it is possible to hire a specialist for part-time work only after concluding an employment contract at the main job.

Although a transfer from the main place of work to a part-time job is accompanied by an entry in the work book, its main points are not regulated by law. Therefore, all this is carried out on the basis of one’s own interpretation of the law. This is why seniority may be lost as a result of the procedure.

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

• minor workers;
• those employed in work with harmful or dangerous working conditions, if the main work involves the same conditions;
• employees whose work is directly related to driving or driving vehicles, if similar work will be performed part-time.

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

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

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

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

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

How to apply for a part-time job

First of all, you need to know that such a thing as a transfer from the main place of work to a part-time job does not exist either in the law or in personnel documents. In the usual sense for employees, a transfer means concluding an additional agreement to the employment contract.

The additional agreement contains information about the position and unit to which the specialist will be transferred, as well as the date from which he begins to perform his official duties. However, in the case of part-time work, everything is not quite the same.

Of course, a representative of the HR department should think about how to transfer from the main place of work to a part-time job. However, it is useful for anyone to know some of the features associated with this process.

First, you need to remember that part-time work presupposes the presence of a main job, which means that the work book must be in a company that is considered the place of main employment. Without it, you simply will not be able to conclude an agreement with the employer.

You can receive a work book with the appropriate marks from the HR department only upon dismissal. Otherwise, this will be a violation of established norms and rules of document flow.

Summarizing what has been said, we can conclude that the employer will not be able, and will not take responsibility, to formalize the transfer of an employee from his main place of work to a part-time job by concluding an additional agreement to the current contract. Therefore, you should understand that you can become a part-time worker only by terminating the contract on the grounds provided by law, and then concluding a new one containing a part-time job clause.

Do I need an entry in the work book?

A very difficult question for a HR specialist is how to transfer an employee from his main place of work to a part-time job. The most logical, correct and legal way is to resort to the “dismissal-reception” procedure. To do this you need:

• receive a corresponding statement from the employee;
• issue an order;
• make a notice of dismissal in the work book;
• prepare and sign a new employment contract on a part-time basis.

Thus, the entry in the employment record when transferring to a part-time position from the main place of work will consist of a notice of dismissal. As a rule, when signing a part-time contract, no entry is made in the work book.

In difficult times of economic instability, many citizens are faced with life realities that necessitate external or internal part-time employment to obtain an additional source of income. There are situations that force an employee to transfer from his main place of work to a part-time job.

This may be due to production nuances associated with a reduction in the volume of work that does not require a full-time employee. The reason for changing the format of labor relations may be the personal circumstances of the employees , as well as if he has found a higher-paying job as his main one.

Employer Responsibilities

Sample transfer order

Having figured out how to transfer an employee from his main place of work to a part-time job, and having implemented the event in accordance with the requirements of the Law, the employer must take care of fulfilling its obligations to him. On the day of dismissal, the head of the business entity is obliged to make financial settlements with the employee, involving payment of the due wages and compensation for unused vacation time.

Part-time workers do not have to fill out work books, since the document is filled out at the main place of work. However, at the request of the employee, the employer is obliged to make an appropriate entry.

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Once the question of how to transfer, for example, a director to a part-time job from his main place of work has been resolved, it is necessary to implement all job obligations. Upon dismissal, it is necessary to pay the employee in full, including compensation for unused vacation time. The procedure must be formalized in writing with an entry in the labor record.

The legislative framework

In order to correctly register for a part-time position from the point of view of the law, personnel employees must follow the approved procedure and comply with all the requirements of the provisions 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 concerning 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 the main place, the citizen transferred his work record to the employer for safekeeping, and part-time work on the basis of an additional agreement no longer requires this.

Combination presupposes the possibility of working in another enterprise as the main place of work, which entails the need to transfer the book to the personnel service of the main employer. Ignoring these provisions of the law can be considered a violation of current regulations, 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 Labor Code requirements for the dismissal procedure: with the issuance of a work permit and the making of all payments for the employee.

Common mistakes

In addition, no entry is made about this in the labor report. Part 4 of Article 66 of the Labor Code of the Russian Federation speaks in more detail about whether it is possible to make an entry in the labor record. An important condition is that the new place must be permanent.

It is also important to remember that our legislation is very changeable, and therefore it is important to monitor current changes. Last but not least, this concerns labor relations, incl. and proper maintenance of document flow, entries in the work book and other papers.

Transfer of the General Director

According to Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform other regular paid work in his free time from the main time with the same employer (internal part-time job) and (or) with another employer (external part-time job).

According to Art. 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job.

Thus, a separate employment contract is concluded with a part-time worker, regardless of whether it is an internal or external part-time job, which must contain an indication of what is being done part-time.

Taking into account the above, we believe that in the case under consideration, the LLC1 organization should apply the general rules on termination and conclusion of an employment contract, since labor relations arise between an employee and an employer on the basis of an employment contract (Art.

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. By registering for an internal job, the employee retains his current position, adding the workload of an additional type of work.

Standard procedure

Adhering to the following action plan, they re-register from the main position to a part-time position:

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 an order to terminate an employment 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.

How to transfer an employee to a part-time job

Dismissal

Nevertheless, it happens that, as they say, an offer comes in that cannot be refused.

But what to do if there are reasons why a person cannot or does not want to finally part with his previous place of service? A completely reasonable solution is to transfer to a part-time job from the main place of work.

The Labor Code of the Russian Federation is the main legislative act in the relevant area of ​​law. It establishes requirements for drawing up an employment contract, discipline rules and regulations, the rights and obligations of the parties, and regulates other aspects of interaction between employees and employers, including part-time work.

The legislation gives a definition and also highlights the features characteristic of this mode of activity. True, not a single document describes the transfer from the main job to a part-time job in the form of a clear process with requirements for what needs to be done and how.

Therefore, each employer, or more precisely, personnel service employees, must independently develop instructions on how to transfer an employee from his main place of work to a part-time job. Naturally, in this case, it is mandatory to comply with all legal norms, so that in the event of inspections, you do not have to blush and look for answers to uncomfortable questions from auditors.

general information

Part-time work assumes that a person who has a main place of employment (say, in company A) enters into another employment contract with company B. At the same time, he can perform job duties for company B only at the time when he is free from them in company A The contract must contain a clause that reflects this requirement.

It is also possible to transfer from the main place of work to part-time jobs within the same company.

In accordance with the law, the working hours of a part-time worker are no more than 4 hours a day. However, if a person works on days free from his main job, his working day can last the usual 8 hours. These restrictions do not apply when, at the main place of employment:

• payment of wages was delayed for more than 15 days, and the employee suspended work, notifying the employer in writing;
• the employee was temporarily suspended from official duties because, due to medical conditions, he required a transfer to another job, which he refused or was unable to carry out because there was no suitable vacancy.

The procedure for remuneration of a part-time worker is determined by the contract. Possible options:

1. Proportional to time worked.
2. Based on the results of the work done: if time-based payment is provided - for the number of hours worked, if each completed task/project is paid - for the total volume of completed tasks.

When working part-time, annual paid leave is provided. Moreover, it is provided simultaneously with leave from the main place of employment.

It is impossible not to mention the peculiarities regarding the termination of an employment contract. Of course, it can be terminated in the standard manner due to circumstances established by law: expiration of the term, at the initiative of one of the parties, agreement of the parties, and so on.

However, the employer has the right to initiate termination of the contract with a part-time employee if he hires a specialist for whom it will become the main one. The employer must notify of its intention at least two weeks before the date of termination of the contract.

In addition, we note that two similar concepts, as it may seem, should not be confused: combination and part-time work. The first, unlike the second, involves the simultaneous performance of work duties provided for by different positions (for example, combining the positions of a sales specialist and a business analyst) during the working day.

122 Labor Code of the Russian Federation. However, according to his application, you will have to provide him with annual leave simultaneously with his leave from his main job, even if by the beginning of the leave he has worked for you part-time for less than six months. In this case, when calculating vacation pay, you will have to take into account only those payments that are accrued to the employee for part-time work.

And according to the rules, it will be possible to pick it up from the previous employer only on the day of dismissal (Part 4 of Article 84.1 of the Labor Code of the Russian Federation). Indeed, during the period of validity of the employment contract, it must be with the employer, who is responsible for its safety (clause 45

Rules for maintaining and storing work books, approved. Resolution of the Government of Russia dated April 16, 2003 No. 225, hereinafter referred to as the Rules).

Secondly, even if you issue an original work book to an employee so that he can provide it at his new main place of work, and do not terminate the contract with him, but simply make changes to it, then the previous employer will have no reason to certify with a signature and the seal of all entries made in the work book during the employee’s employment.

After all, he must take the appropriate actions only upon dismissal of an employee (clause 35 of the Rules).

Dismissal

It should be noted that part-time work can be registered only after another workplace is recognized as the main one.

It is mandatory for the employee to write a corresponding statement, which is the basis for drawing up administrative documentation on termination of relations with the employee and termination of the employment contract.

Dismissal

Recommendations

When performing re-registration, HR employees are required to take into account important nuances that are not always obvious when carrying out such a procedure. For example, a resignation letter must be written in a standard format that matches the template established by the company. It must indicate the exact personal data of the applicant and the date of termination of the contract concluded with the citizen. The employee must indicate “at his own request” as the basis for dismissal.

An equally important part of the process of transferring to a combination job is making an accurate calculation for time worked and vacation pay. This task falls on the accounting staff, who must make the correct calculations and pay all due funds on the employee’s last working day. It must be remembered that the new vacation period in 2021 will begin to count only from the moment the employee officially enters a new position. Vacation payments will be accrued only for the period that was worked after receiving the new status.

If an employer plans to employ a part-time worker in his enterprise, he must take into account that the law establishes a maximum wage for people with this type of employment. The final salary at the part-time rate cannot exceed half the salary that other employees of the company receive while occupying similar vacancies as the main place of performance of work duties.

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