Since labor legislation does not have direct answers to the questions posed, you can find different points of view and recommendations, including explanations given in letters of Rostrud dated October 22, 2007 No. 4299-6-1 and dated September 16, 2008 No. 1094-6- 1.
In this article we will look at possible options, as well as the nuances of re-registering an employee from a part-time job to his main place. It is important for the personnel officer to avoid some shortcomings and mistakes, including in entries in work books, so that they do not cause serious problems for the employee.
OPTION 1. DISMISSAL FROM A PART-TIME JOB AND HIRING ON THE MAIN JOB
Personnel officers very often use this method: an employee is fired from a part-time job and hired again, this time under new conditions. We emphasize that the employee himself must agree to this.
[…] only with the consent of the employee, it is possible to terminate an employment contract for part-time work (for example, by agreement of the parties, at one’s own request), and then conclude an employment contract with other conditions. At the same time, appropriate entries are made in the employee’s work book.
If the employer uses this option, there are some nuances to consider:
1. When hiring after dismissal from a part-time job, the employer may establish a test on the basis of Art. 70 Labor Code of the Russian Federation.
2. The right to the next paid leave will arise after six months.
3. When an employee is dismissed from a part-time job, compensation for unused vacation must be paid.
We prepare documents
So, when dismissing an employee, you need to issue an appropriate order, and then apply for employment in the main job (for the same or another position/profession).
If the employee did not apply to the main employer with a request to make an entry about part-time work in the work book, it will not contain records of either acceptance or dismissal from the part-time job.
OPTION 2. TRANSFER OF THE EMPLOYEE TO THE MAIN JOB
In letter dated October 22, 2007 No. 4299-6-1, Rostrud explains another course of action: transferring the employee to his main job.
Extract from the letter of Rostrud dated October 22, 2007 No. 4299-6-1
In order for a part-time job to become the main one for an employee, it is necessary that the employment contract at the main place of work is terminated with the corresponding entry being made in the work book. In this case, part-time work becomes the main one for the employee, but this does not happen “automatically”. It is necessary to make changes to the employment contract concluded for part-time work (for example, stating that the work is the main one, as well as if the employee’s work schedule and other conditions change).
With this method, it is necessary not to dismiss the employee from a part-time job, but to enter into an additional agreement to his employment contract, where all changeable conditions should be recorded.
By changing the employment contract, you can be transferred to the main place of work from both external and internal part-time work.
The nuances of transferring to the main job:
1. The employee’s vacation period is not interrupted.
2. The employer does not need to pay compensation for unused vacation.
3. The employee is not subject to a test.
4. Information about the transfer is recorded in the employment contract, work book and personal card of the employee.
We draw up an additional agreement
As you can see, there is no need to quit your part-time job; the main thing is to quit your previous main job. Therefore, if the part-time job was internal, the first thing the personnel officer should do is dismiss the employee from his main place of work.
In addition, when an employee is transferred to a new job (position), the terms of the employment contract are changed and new ones are established by agreement of the parties by concluding an additional agreement to the employment contract (example 1).
We issue an order
Based on an additional agreement to the employment contract, the employer issues an order to transfer the employee to his main job (example 2).
We make entries in the work book and personal card
Extract from the letter of Rostrud dated October 22, 2007 No. 4299-6-1
If there was no entry in the employee’s work book about part-time work, then in the employee’s work book, after the record of dismissal from the main place of work, the full name of the organization is indicated in the form of a heading, as well as the abbreviated name of the organization (if any). Then a record is made of the employee’s hiring from the date of commencement of work for a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time worker.
If the employee’s work book contains a record of part-time work, made at one time at the main place of work, then after the record of dismissal from the main place of work and the record of the full, as well as the abbreviated (if any) name of the organization in In the work book, an entry should be made stating that from such and such a date, work in such and such a position became the main one for this employee. Column 4 makes reference to the relevant order (instruction).
The fact of a change in the employee’s status must be reflected in the header of the personal card.
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 the change in the format of labor relations may be personal circumstances of employees, and also if he found a higher-paying job as his main one.
How to register a change of labor status
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. 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.
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.
It should be noted that the efficiency of the event, expressed in the registration of dismissal and hiring in one day, will not interrupt the length of service and will not violate pension rights.
Transfer to part-time work from the main place of work without dismissal
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.
Life circumstances may force citizens to work multiple jobs. One of them necessarily belongs to the main one, and in all the others, individuals perform labor duties in their free time as a part-time worker. Part-time work has specific nuances, namely the impossibility of carrying out activities in this status in the event of loss of the main job. In such a situation, the employer will have to arrange for the employee to transfer from a part-time job to his main place of work. The design of the event has specific nuances that are important to take into account during the implementation of the procedure.
Transfer of a part-time worker to the main place of work
When does it become necessary to transfer an employee?
The problem related to how to transfer an employee from a part-time job to his main place of work arises in situations caused by production needs or the personal circumstances of the employee. In any case, they are associated with dismissal from the main place of work.
Algorithm of actions of a personnel employee when processing a transfer
The causes of the event may be changes in staffing or insufficient number of orders for the supply of products or services. The amount of work that does not meet the standards may cause the lack of relevance of the activities at the main job. Personal circumstances can also lead to the loss of your main job, causing unwillingness to perform assigned duties or inadequacy for the position held.
How to arrange a transfer to your main place of work from a part-time job
A change in employee status is possible through dismissal or transfer.
HR specialists prefer to use the first method, since its implementation is clearly regulated by law, which ensures the absence of “pitfalls” associated with the consequences of the event. An unpleasant aspect of dismissal is the need for the employee to write a resignation letter, which is not always possible due to the employee’s reluctance to participate in such a procedure. In addition, the unpleasant consequences associated with the loss of social guarantees make this method of changing status unpleasant for the employee. The reasons for his dissatisfaction may be:
- loss of vacation, because instead of providing it at the desired time, the employee is paid monetary compensation;
- the need to work the allotted time of six months to receive leave;
- appointment of a probationary period.
For an employer, the need to pay compensation for unused vacation days is an additional unplanned financial burden. When transferring, there is no need to fire an employee, which preserves his social guarantees and the financial resources of the organization. However, this method of resolving the issue is not provided for in labor legislation, although it is not prohibited by it. Regulatory legal acts allow changes to be made to an employment agreement if both parties agree to it.
Transfer order
A transfer implies a change in job responsibilities for a limited time period or for the duration of the employment contract. To turn a part-time worker into a main employee, it is necessary to change his workplace and job responsibilities, which is decided by drawing up an additional agreement.
Read also: Is it possible to withdraw a resignation letter at your own request?
Algorithm for the procedure
The initiator of the transfer is usually the employee, who expresses his desire to change his work status by writing an application. Since there is no unified form of the document, it is drawn up in any form. A sample application for transfer from a part-time job to the main place of work will help you competently draw up the documentation and take into account all sections in it.
The application is submitted to the head of the company. It must reflect a request to register for the main workplace for a specific position provided for in the staffing table, the duties for which were previously performed part-time. You should also indicate the severance of the employment relationship, according to which the employee previously operated as a main employee.
The application is submitted to the employer, who imposes on it a resolution requiring the HR specialist to draw up administrative documentation on dismissal. The order may indicate various reasons for dismissal:
- at the personal request of the employee;
- by agreement of the parties;
- hiring another employee for a part-time position.
The executed administrative documentation is the basis for making changes to agreements on the labor obligations of the parties. The changes must reflect that the employee’s work will be carried out in the status of his main job. It is imperative to make an adjustment to the section on wages, the amount of which will correspond to the full salary, taking into account additional payments. After signing new documentation regulating the relationship between employer and employee, an order of the unified form T-1 is issued, the topic of which depends on the method of forming the labor relationship. She can confirm the hiring of an employee or the re-registration of relations with him.
How to draw up an additional agreement after the transfer of an employee
The employment registration procedure ends with the registration of the employee’s personal file and work record book. In situations where previously, an entry was made in the work book about conducting part-time activities, then after noting the severance of the employment relationship at the main place of work, it is necessary to mention that the owner of the book continues to perform the duties of a part-time worker, but his work now relates to the main one. categories. As supporting facts, you should indicate the registration data of the relevant documents, which may be orders or additional agreements. If there are no entries in the work book, a standard note is made in it about the employee being hired as a main worker.
At one point he may quit his main job. But this does not mean that at another place of work, where he works part-time, the employee will necessarily have to be made the main one (Letter of Rostrud dated October 22, 2007 N 4299-6-1). If he or his employer does not want this, the employee, as before, can calmly fulfill his duties, working no more than 4 hours a day or no more than half the standard working time for the accounting period (Article 284 of the Labor Code of the Russian Federation).
At the same time, under such circumstances, the employee will be able to transfer from part-time workers to main employees. Of course, if both the part-time worker and his employer agree to this.
Methods for transferring a part-time worker to the main place of work
The transfer of an external part-time worker to the main place of work can be arranged in one of two ways. The first involves the dismissal of a part-time worker - at the employee’s own request or by agreement of the parties (Clause 1.3, Part 1, Article 77 of the Labor Code of the Russian Federation), and the conclusion of a new employment contract with him, but as with the main employee.
The main disadvantage of this method is that the part-time worker will need to pay all dismissal payments, including compensation for unused vacation (Article 84.1, Article 127 of the Labor Code of the Russian Federation). Accordingly, after signing a new employment contract, he will have to count his vacation time as a newly hired employee, i.e. from scratch.
The second method involves transferring a part-time worker to the main job without dismissal. To do this, an additional agreement to the current employment contract is concluded with the part-time worker. The agreement specifies a change in the wording of the contract regarding the hiring of an employee for the main job. After this, the employer must draw up an order for the transfer from part-time workers to main employees and make the appropriate entries in the work book. As you understand, in this case the employee’s vacation period will not be interrupted. A sample order for the transfer of a part-time worker is given below.
Please note that a transfer from an external part-time worker to a core employee cannot be processed as a transfer to another job. Since in this case neither his labor functions nor the structural unit where he works changes (
