Transfer procedure
The translation must be carried out in a certain manner, regulated by law or established by local acts of the enterprise (but not contrary to the law). The procedure is not complicated, but, nevertheless, it has some subtleties and features.
First of all (if the transfer proposal comes from the employer), the employee must be notified in writing about the upcoming event two months before its occurrence.
But if the employee gives verbal consent and the relationship between him and the employer is good, this preliminary action can be dispensed with. After this, a number of personnel documents are drawn up:
- First, a written statement must be received from the employee - this is the most important document that will indicate that the transfer occurs at his voluntary expression of will.
- Then an additional agreement to the employment contract is concluded with him, which specifies the working conditions: the scope and nature of the duties, the date from which he must begin performing them, the length of the working day, etc. intelligence.
- You should definitely note the amount and form of payment - this parameter often changes upward when moving to full-time work.
- Then the organization, on behalf of the director, issues a corresponding order in any form, with which the employee must be familiarized with signature, after which he can begin working in a new daily routine.
Instructions for filling out an order for transfer to full time in 2021
As already noted, the order to transfer a subordinate to a full-time position does not have an approved template. It can be compiled in any style on a standard A4 sheet of paper or on company letterhead.
When creating such an administrative document, you will need to display the following information in it:
1) The full name of the enterprise with the designation of its details (TIN, OGRN, legal address of registration). If the order is filled out on company letterhead, this item can be skipped, since it already displays the company details.
2) The name of the form is “Order”, with a number assigned to it.
3) Place and date of formation of the order.
4) The subject of the order, in this version: “On transfer to …”.
5) The administrative part of the form begins with the word “I order” and then the following data is required to be displayed:
- Date of transfer of the specialist to labor relations.
- FULL NAME. and the position of the subordinate who is being transferred.
- Daily routine under new mutual cooperation.
- Salary amount for new cooperation.
- Link to the staffing table of the enterprise on the basis of which the transfer is carried out.
6) In the next paragraph of the order, the position and full name are noted. official who is entrusted with control over the execution of the order. As a rule, this is assigned to Ch. company accountant.
7) Next, the order must indicate the basis that served for the publication of such an order. This may be a statement from the employee or a notification to management followed by the consent of the subordinate.
Then the document is signed by the director of the company, after which the persons noted in the order must sign the order to familiarize themselves with the administrative document.
After the order is published, the specialist begins to perform new duties from the date indicated in the order.
Sample order for transfer to full time in 2021
and sample
- Form, doc
- Sample, doc
What not to do when translating
When transferring, there is no need to conclude a new employment contract with the employee (except for those cases where he previously worked part-time and wants to completely “reset” the documentation).
There is also no need to make any notes in the employee’s personal card or in his work book, or to assign the employee a new personnel number. But as for recording working time, it will need to be done in a new way.
It is strictly unacceptable to transfer an employee to full-time work without his written consent.
Such an approach would be a serious violation of current labor legislation and, if detected, would inevitably lead to punishment from supervisory authorities.
How to apply for a part-time job?
The possibility of part-time employment is provided for by the labor legislation of the Russian Federation. The reasons why a citizen needs to work on a part-time basis may be different. Most often these are the following circumstances:
- part-time job (having a main place of work);
- lack of adequate time (maternity leave and other similar circumstances);
- full-time study;
- characteristics of health status;
- presence of minor children or relatives with disabilities.
According to Article 93 of the Labor Code of the Russian Federation, part-time employment is carried out subject to an agreement reached between the employee and the employer. You can get a job at 0.5 either immediately - upon concluding an employment contract, or by transfer.
Part-time work is not a reason to infringe on the rights of employees or establish restrictions on the social package.
The employee is normally subject to all rights established by the current legislation of the Russian Federation.
The employment procedure itself at 0.5 rate includes standard steps:
- execution by the employee of the relevant application for employment;
- providing the necessary documentation to the employer;
- familiarization with the job description, internal regulations, etc.;
- conclusion of an employment agreement;
- publication by the employer of a corresponding order;
- making entries in the work book by HR department employees (transferring information to the Pension Fund using the SZV-TD form).
The employment contract must include information that the employee is employed part-time.
It should also be taken into account that the establishment of this work schedule does not affect the worker’s length of service - it is calculated in a standard way.
The situation with vacations is similar. Rest days are accrued to the employee according to the usual scheme.
How to draw up an employment order for 0.5 wages?
When registering an employee for a job, the employer must issue an order. To compile it, a unified T-1 form is provided.
Currently, it is not mandatory, but only recommended. If necessary, the company's management has the right to use its own template developed by the organization to prepare such documentation.
The employment order for 0.5 wages must contain the following information:
- name of the company, its legal form, address;
- name of the document, serial number;
- date and place of drawing up the order;
- initials of the hired employee, as well as other personal information;
- the position for which the citizen is employed, professional category/qualification (if any);
- the name of the structural unit in which the employee will be registered;
- personnel number assigned to the employee;
- information about the probationary period (if any);
- wording with the conditions of employment - this is where the fact of employment at 0.5 rate is reflected;
- basis for issuing the order. In this case, this is an employment contract. its number and date of conclusion are indicated;
- terms and conditions of remuneration.
At the end of the order, the responsible persons put their personal signatures. On the company's side, this is its chief executive. The employee, in turn, also signs the document. The presence of his signature indicates his familiarization and agreement with the data reflected in it.
The storage period of the document is determined in accordance with Order of the Ministry of Culture of the Russian Federation No. 558. This is a period of 75 years.
Sample order for employment at 0.5 rate.
Legislative regulation
Article 100 of the Labor Code regulates this issue and provides the following provisions:
- The length of the working week directly depends on the schedule (5/2, 6/1, flexible schedule, part-time).
- Working with uneven working hours affecting certain categories of employees.
- Length of a standard shift. Its time is calculated based on the start and end times of work, the number of shifts in one day, the time of all technological breaks and the sequence of working and vacation days.
The work schedule is fabricated and adjusted by the employer, without violating the thresholds prescribed by law.
The owner personally draws up a work schedule once and for a long time, but there are circumstances that oblige him to change the schedule.
The working hours can be adjusted or changed in accordance with articles , and 100 of the Labor Code of the Russian Federation, which address this issue.
Employee Notification
All employees affected by the upcoming innovations must be made aware of the adjustments. Moreover, according to Article 74 of the Labor Code of the Russian Federation, no later than two months before the start of the new regime.
The employee either receives the notice in hand or listens to its provisions aloud if he refused to take it at the place of work. You can refuse the terms dictated in the notice. In this case, the employer is considered to have fulfilled his part of the obligation to promptly warn his subordinates.
If an employee refuses to perform his duties under the updated conditions, dismissal is possible by agreement of both parties .
Read this article about dismissal by agreement of the parties.
Sample notification to employees:
Order to move
So far, the legislation has not prescribed a general standard for writing an order for the transition to a new regime. Managers, using minimal legal knowledge, write them arbitrarily. But there is still a list of information without which the order will not be valid:
- Locality;
- Document Number;
- Full name of the organization;
- The day, month and year in which the document was drawn up;
- The essence of the order, some provisions on the future working hours;
- The basis for drawing up the order;
- Information about the persons responsible for fulfilling the terms of the order, their ranks and full last name, first name and patronymic;
- Date and signature of the manager.
Sample order to change employee schedule:
The HR department should not have a question about how to formalize a change in an employee’s work schedule. The basis is an order from the head of the organization. According to it, a work schedule is formed, taking into account the new regime.
Both the employee and the manager can adjust the conditions. Based on the articles of the Labor Code of the Russian Federation, you can easily draw up a statement about changing the regime.
Watch the video about working hours:
Basis for making changes to the mode
You cannot change your working hours without compelling reasons. Such grounds may be:
- The voluntary consent of the worker, expressed in the form of a letter, and accurately executed additional. agreement.
- An updated version of the internal labor regulations was adopted after personal negotiations. It should reflect technological or organizational changes in the company's working conditions.
The decision to change the working time regime is made only by the manager , with the exception of a few cases. If the boss intends to make changes to the document, without the obligatory agreement of the employee in writing, this cannot be done, relying on Article 72 of the Labor Code of the Russian Federation.
In another case, according to Article 190 of the Labor Code, the procedure for adopting internal regulations requires coordination of an updated work schedule with the trade union .
Violation of these charters may result in legal liability for the director.
Change of regime at the initiative of the employee
It is possible to change the operating mode based on his request. The reasons can be very different, most often it is a changed lifestyle and lack of time for family matters and relatives. The director has the right to either approve the changes or reject them.
To document the new conditions, the employee must write a corresponding statement. It must contain the following information:
- Information about the head of the organization/company;
- Last name, first name and patronymic of the employee;
- Wording: “I ask you to change my working hours” followed by information about the current and new modes;
- Reason for schedule correction;
- Compiler's signature with transcript;
- Date of application;
- Additionally attached agreement indicating new opening hours.
Sample application for transfer of working hours at the initiative of the employee: