Labor transfer from part-time work to permanent work. There is no entry about part-time work in the work book

Companies are faced with a situation where they need an employee who performs several tasks simultaneously. official duties, transfer to a permanent position.

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 the appropriate 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 type of 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. Is concluded additional agreement 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.

Normative base

Then the corresponding entries are made in the personal documents of the new employee. 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 of unused vacation ().

The problem also occurs when a person has already used allotted days rest, but the current year is not over yet.

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 calculating 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. When choosing a different direction in labor relations, it is 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. Upon registration pension benefit such a person will face 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;
• salary.

The worker is required to submit the following documents:

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

Sequencing:

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 for 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

Application for transfer external part-time worker for the main work 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. By right side there is a personal signature and its decoding.

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.

This entry is not certified by signatures responsible persons, since this is followed by a mark on admission to a permanent job.

If a record of part-time work has not previously been made in the labor record, then a record of the person’s entry into the position is simply made.

Nuances of design in 1C

Program 1C ZUP 8 will require the following actions:

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

Also, the “Type of employment” attribute is not periodic, so postings may fly.

The current legislation of Russia does not provide clear instructions on how to properly arrange the transfer of a part-time worker to the main place of work.

Therefore, all government bodies have their own opinion on this matter. Each manager and worker chooses the solution that suits them.

You will need

• - employment contract or additional agreement;
• - application from a part-time worker;
• - employment history;
• - documents on education;
• - order.

Instructions

If an employee works in your organization and is an internal part-time worker, then you can draw up an additional agreement to the contract, indicating in it all the changed clauses of the main contract, new working conditions and remuneration.

The second option is to formalize the dismissal and enter into an agreement on a new employment relationship. If you are registering internal way dismissal, then make a full settlement with the employee, make an entry in the employment record book about the dismissal, receive an application for employment, enter into a new employment contract, issue a dismissal order and then an employment order, make an entry in the employment record book.

If external, that is, your enterprise for an employee is only a job, and the main work takes place in another organization, then you can agree on the main place of work of the part-time worker and arrange employment through transfer. Or the part-time worker is obliged to resign from his main place of work due to at will, bring you a work book, educational documents, resign from your company where he worked, submit you an application for employment.

To register a part-time job by transfer by agreement of the employers, issue an order indicating that the employee has been transferred to a permanent job. Also indicate that the order is about . When transferring an external part-time worker, you have the right to draw up an additional agreement on a permanent and open-ended employment relationship to the contract. When transferring an employee from one employer to another another vacation it is retained and you will pay for it.

Part-time work is one of the forms labor relations between employee and employer. It can be internal and external. When a part-time worker needs to be transferred to a permanent basis, this can be done through transfer or dismissal. The law does not provide clear explanations on this matter. For internal part-time jobs, it would be most correct to formalize this procedure through a transfer, for external jobs – through dismissal.

You will need

• - employee documents;
• - labor legislation;
• - documents of enterprises;
• - seals of organizations;
• - personnel documents;
• - payslips.

Instructions

When an employee works in two positions in one company, this is called internal part-time job. When a second job becomes permanent, the employee should write a statement addressed to the director of the company. In it, he needs to express his request for a transfer from a part-time position to the main position.

The application is the basis for making changes to the terms of the employment contract with a part-time worker. This can be done using an additional agreement. It states what is now the main job. The employee's salary must be set in accordance with staffing table. A permanent employee has the right to receive wages fully.

Draw up an order in the T-8 form. Indicate the fact of the translation part-time worker on constant basis. In this case, be guided by Article 66 of the Labor Code of the Russian Federation. Write down a list of the terms and conditions of the employment relationship that have changed. Write down the employee’s personal information and familiarize him with the order. Certify the document with the seal of the company and the signature of an authorized person.

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

Please note that the Labor Code does not contain clear instructions on what to do when a part-time employee becomes a main employee. In practice, several design techniques are used.

Fire then accept

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

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

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

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

The disadvantages for the employee are as follows: the employer gets the right to establish probation when concluding a new employment contract (on the terms of the main job); right to next vacation occurs only after six months continuous operation In the organisation.

The employee's pension rights will not be violated, and his service will not be interrupted. Dismissal and hiring will take place on the same date.

Transfer from part-time employees to main employees

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

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

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

In this case, there is no need to pay compensation for unused vacations. The employee’s length of service, which gives him the right to leave, is not interrupted. An employer cannot impose a probationary period on an employee.

But! There are difficulties in such a translation

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

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

If there is an entry about part-time work in the work book, then you need to pay attention to the following. When registering a transfer, a special entry with the following content is made in the work book: “Part-time work has been terminated. Hired for the position of ________.”

She is needed by following reasons: When transferring, a record of hiring as a main employee is made in the work book. In this case, the employment contract with the part-time worker is not terminated, but only changed. Therefore, it is necessary to indicate that part-time responsibilities are no longer fulfilled. Otherwise, in the future in various social authorities(for example, in social Pension Fund) may require the person to provide clarifying information about how he worked. Only as a main employee or both as a main employee and as internal part-time worker simultaneously.

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

It should also be remembered that on the basis of Part 1 of Article 72.1 Labor Code In the Russian Federation, a change in job title without changing the job function is not considered a transfer.

We supplement the agreement

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

Based on the additional agreement, we issue an order to hire the employee as a main employee. The work book is drawn up by writing in the work book about the termination of part-time work.

Since the employment contract does not terminate, the employee retains seniority and the right to another vacation. Accordingly, there is no need to pay compensation for vacation.

There are still a lot of questions with this method. You need to prove that there has been a change in the employee’s labor function (clause 1 of Article 77 of the Labor Code of the Russian Federation)

Conclusion: The minimum risks of transferring a part-time worker to the main place of work are the dismissal of the part-time worker and subsequent hiring to a permanent position.

Everything is much simpler when transferring from one job to another. A recording is made:

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

14.06.2017, 11:07

Part-time work becomes the main one for the employee. He quit his permanent job and was hired full-time by the organization where he worked part-time. An additional agreement was signed and an order was issued to transfer him to his main job. Now you need to make an entry in the employment record about the transfer of the part-time worker to the main place of work. How to do it right? Our specialists will answer this question and offer a sample, using which the personnel officer can easily make the necessary entry.

Transition of a part-time worker to the main job

When the additional agreement is signed and the order is issued, you can proceed to filling out the work book (for more details, see “”, “”).

Depending on whether an entry about part-time work was made in the employee’s work book, the procedure for registering a transfer entry will differ.

There is no entry about part-time work in the work book

In most cases, there is no entry about part-time work in the work book. In such a situation, an entry in the employment record about the transfer of a part-time worker to a permanent job is made as follows (letter of Rostrud dated October 22, 2007 No. 4299-6-1):

• in column 3 of the “Job Information” section, make an entry: “Hired (position title and structural unit if available) from (start date of part-time work). From (start date of part-time work) to (end date of part-time work) worked as a part-time worker”;
• in column 4 of the “Job Information” section, you must indicate the details of the order for admission to part-time work and the order for admission to the main job.

A record of part-time work has been made

If an entry about a part-time job is made in the employee’s work book, then the entry in the work record about the transfer of a part-time job will be different (letter of Rostrud dated October 22, 2007 No. 4299-6-1):

• indicate the full name of the organization, as well as the abbreviated name (if available) after recording the dismissal from the previous job;
• in column 3 of the section “Information about work”, make an entry: “Work in the position of (position name) from (date of transition of the employee from part-time to full-time) became the main one”;
• in column 4 of the “Work Information” section, you must indicate the details of the order to transfer the employee to the main job.

Method 1. Fire the employee from his part-time job and hire him to his main job. Complete the documents as for a regular dismissal or with the employee. After that, hire him at .

If there is an entry in the work book about part-time work, make the usual entries about dismissal and hiring.

If there is no record of part-time work, make a record of employment, indicating the period of part-time work. For example, “Hired for the position of cashier, from 04/16/2018 to 04/23/2019 she worked as a part-time worker” Letter.

Method 2. Sign an additional agreement to amend the employment contract. Write down the date on which part-time work became your main job. Adjust the terms and conditions regarding working hours, working hours and wages.

If there is a record of part-time work in the work book, issue an order recognizing the part-time work as the main one and make an entry about this in the work book. For example, “Part-time work as a cashier became the main one from 04/23/2019” Letter of Rostrud dated October 22, 2007 N 4299-6-1.

If there is no entry about part-time work in the work book, indicate the period of part-time work in the employment record.

Sample additional agreement recognizing part-time work as the main job

Sample order recognizing part-time work as the main job

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