Transfer of an external part-time worker to the main place of work without dismissal || Transfer of a main employee to a part-time employee without dismissal

Good afternoon. I always formalize the dismissal-reception procedure, which I consider more correct.

Publishing house "Glavnaya Kniga", 06/24/2016

HOW TO TRANSFER AN EXTERNAL PART-TIME WORKER TO YOUR MAIN JOB?

If your part-time employee quit his main job and wants to work for you at his main place of work, and you agree to this, then you can make the part-time job your main one in any of two ways.

Method 1. Terminate the part-time employment contract and enter into a new employment contract at the main place of work. To do this you need to act like this. 1. Dismiss the employee as a part-time worker (Letter of Rostrud dated October 22, 2007 N 4299-6-1): - or by agreement of the parties on the basis of an agreement signed with him on termination of the employment contract (clause 1, part 1, article 77, article 78 Labor Code of the Russian Federation); - or at his own request on the basis of his application (clause 3, part 1, article 77, article 80 of the Labor Code of the Russian Federation). Registration of dismissal and all payments upon dismissal from a part-time job are made with the employee in the usual manner (Article 84.1 of the Labor Code of the Russian Federation). In particular, he must be paid compensation for unused vacation.

2. Arrange for the employee’s appointment at the main place of work in the usual manner.

Please note that when using this method: - the employee’s “vacation” length of service will begin to be calculated from the date of his hiring at his main place of work (Article 122 of the Labor Code of the Russian Federation); — there are features in the design of a work book. If there is no record of your part-time work, then there should not be a record of dismissal from your part-time job. That is, after recording the dismissal from the previous main job, you need to make a regular entry about the employee’s hiring for the main job in your organization. If in your work book there is an entry about your part-time work, made by the previous “main” employer, then after the entry about dismissal from the previous main place of work in the “Information about work” section (part 5 of article 66 of the Labor Code of the Russian Federation, clause 3.1 Instructions for filling out work books): - in column 3, write the full and abbreviated name of your organization; — in the line below in column 1, enter the serial number of the entry being made; - in column 2 opposite the entry number, indicate the date of dismissal from part-time work in accordance with the order; - in column 3 opposite the date of dismissal, indicate the basis for dismissal with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation; - in column 4, write the word “Order” and indicate the date and number of the dismissal order. There is no need to certify this entry with the signature of the organization employee responsible for maintaining work records and its seal, as well as the signature of the employee himself. After all, immediately after this entry you will make an appointment at your main place of work.

Method 2. Make changes to the employment contract by concluding an additional agreement to it. If you choose this method, then you need to act like this. 1. The employee must present to you (Article 65, Part 3 of Article 66 of the Labor Code of the Russian Federation): - work book; - a certificate of salary for the current year and the two previous years. It is needed if the employee wants you to take into account the salary he received from his previous employer when calculating sick leave and child benefits; — certificate 2-NDFL for the current year from the previous main place of work and documents confirming the right to deductions for personal income tax (for example, birth certificates of children). These documents are required if the employee wants to receive personal income tax deductions. 2. Enter into an additional agreement with the employee to change the terms of the employment contract, in which (Article 72 of the Labor Code of the Russian Federation, Letter of Rostrud dated October 22, 2007 N 4299-6-1): - indicate that from a specific date the work is the main one, and the labor conditions the part-time agreement is declared invalid from the same date; - change the terms of the employment contract, which will change due to the fact that the work will become the main one. In particular, these are conditions on the regime and duration of working hours, on wages. Do not forget to indicate in the additional agreement the date from which it comes into force, i.e. start date of work at the main location.

3. Issue an order to reassign the employee to his main job. Such an order is drawn up in any form. 4. Make a record of re-registration for the main job in the employee’s personal card (Form N T-2). To do this, in the table of the header part of the card in the “Type of work” column (or next to it), write “since... (indicate the date from which the employee began working for you at his main place) the work is the main one.” Familiarize the employee with this entry against signature. 5. Make an entry about the work in the work book. Making such an entry depends on whether the previous “main” employer made an entry in the employee’s work book about his part-time work with you. If there is no entry in the work book about part-time work, then in the section “Information about work” (Letter of Rostrud dated October 22, 2007 N 4299-6-1): - in column 2, indicate the date from which the employee was hired by you; - in column 3, write the phrase “Hired to the position of... (indicate the position or profession of the employee) from... (indicate the start date of part-time work) to... (indicate the last day of part-time work) part-time work"; — in column 4, write the word “Order” and enter the date and number of the order for part-time employment. If there is an entry in the work book about part-time work, then in the section “Information about work” (Letter of Rostrud dated October 22, 2007 N 4299-6-1): - in column 2, indicate the date from which your work became the main one for the employee .

and the date is indicated in the additional agreement to the employment contract; — in column 3, write the phrase “Part-time work in the position... (indicate the position or profession of the employee) became the main one from... (indicate the date from which your job became the main one for the employee)”; — in column 4, write the word “Order” and enter the date and number of the order to reassign the employee to the main job. Method 2 is more convenient in that when using it, fewer papers are drawn up, there is no need to calculate “severance” payments (including compensation for unused vacation), and the employee’s “vacation” period is not interrupted.

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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).

The text of the Labor Code of the Russian Federation can be found here:

Labor Code of the Russian Federation

The need for an additional agreement and its features

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.

Most often, when carrying out the procedure for transferring an employee from a part-time worker to a permanent employee without dismissal from a part-time position, the last paragraph applies.

Personnel nuances

HR department employees sometimes face difficulties in some issues of re-registration from a part-time worker to a permanent contractor.

For example, there are cases when an employee comes and asks to re-register a part-time job at the main place of work retroactively, because he was fired long ago at his main place of work, but was already working part-time.

In such cases, it must be clarified that the entry can be made from the moment the book is submitted to the personnel, and not retroactively.

The main action that must be performed in any of the methods of transferring from a part-time employee to a permanent employee is dismissal from the main job.

Only after this has been completed can further changes be made.

We tried to explain what legal options there are for transferring from a part-time job to your main place of work.

The choice of method to change the status of an employee, of course, depends on the employer and the worker himself.

The correct execution of orders and entries in the work book depends on the HR department employee.

We hope that our recommendations will help you not to make mistakes in this confusing matter.

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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.

How to register a transfer from a part-time job to a main place?

It should be immediately noted that any person can become a part-time worker except:

• Minors;
• Workers in hazardous and risky enterprises;
• Civil servants;
• Statesmen: judges, prosecutors, members of the Government of the Russian Federation.

According to legislation and legal practice, there are two types of part-time work and main work:

• Internal - additional work responsibilities are performed on the basis of the main position;
• External - the employee additionally gets a job in another organization.

Each type of part-time job has its own transfer method.

So, in the first case (internal) the following are possible:

• Dismissal with subsequent re-registration of documents;
• Appointment from an additional position to the main one.

This legal fact is formalized by orders.

Application for transfer to the main place of work from part-time work

The application is written by the employee independently, by hand. The style is formal and business. After writing and submitting it to the employer, the head of the organization signs this document. Before writing this type of document, it is recommended that you familiarize yourself with the sample, which is drawn up correctly and in accordance with all the rules.

Application form download

Transfer a part-time employee - sample order

An order to transfer work from an additional to a main position is issued within one day. Before doing this, you should make sure that the employee has terminated the employment contract on an additional basis. The document is signed by both parties and published immediately after this action.

Sample order

Results

It is not entirely correct to call the employment of an external part-time worker at the main place of work a transfer, since the concept of transfer in the Labor Code of the Russian Federation is given a slightly different meaning.

There are 2 ways to register. The first is accompanied by the conclusion of an additional agreement, according to which the conditions on external part-time work lose force, and the conditions on the main job, on the contrary, enter into it. The second option is accompanied by the dismissal of the part-time worker and his subsequent employment in the main job.

https://www.youtube.com/watch?v=dBiQ6dyggXI

Order to transfer work from part-time work to the main place of work

Any order, regardless of the method of assignment, is drawn up in an official style in accordance with the necessary requirements with the mutual consent of the employee and the manager. All orders are issued on the same day.

The first method of transfer is dismissal. Quite a labor-intensive and lengthy process. It is not convenient for the employee and not particularly beneficial for the employer. In this case, the manager is required to pay the resigning employee the appropriate vacation pay and weekend benefits. After re-concluding an employment contract, the employee can be given a probationary period, and the vacation can be postponed to the next six months.

The next method is transfer to a part-time job from the main place of work without dismissal. The best option for both sides. The procedure is as follows:

• The employee writes a statement of desire to leave the workplace, and the employer signs this document. A sample is shown above;
• Drawing up and publishing an order on termination of employment relations;
• Making the necessary entries in the work book;
• An employee from an additional work position is transferred to the main one, making appropriate entries in the work book;
• Issuance of an order.

Download the transfer order

Transfer from part-time job to main place of work - entry in the work book

This point also depends on the type of part-time job. However, it should be noted that the entry for a leading current position is completed exclusively by the current employer.

1. When combining work obligations internally, data on an additional position is entered by the employee independently, if desired. Using the “dismissal” method, the work record will be presented as follows -. Using the “translation” method, it will look completely different. .

2. If external, the entry is made by the manager on the basis of a certificate received at the place of additional earnings.

Part-time jobs and main jobs - differences

To begin with, we should distinguish between two concepts - the main position and the combination. In the first option, you are a full-time employee performing certain duties at the time established by the employment contract. Combination - additional space. The second option is possible only during free hours, without disturbing the basic work schedule, as well as when concluding a formal employment contract.

The fundamental distinguishing feature is that earning additional income takes less time.

The employment contract is drawn up in the same form with a slight deviation - a mandatory indication that the position is part-time. The vacation granted to a part-time employee is adjacent to the vacation period assigned at the main place. If somewhere the vacation is longer, the employee has the right to ask for an extension of the vacation period without deducting wages. Vacation in advance is only possible for part-time workers who have worked for at least 6 months.

Thus, the article examined all the methods of transferring employees, and also illustrated the documents required for this with examples.

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Internal and external part-time work: main issues

Part-time work can be external, when the employee’s main place is in another company, or internal, when the employee is employed in the organization both at his main place and part-time.

In case of part-time work, it is necessary to conclude a second employment contract, and work under such a contract must be performed in free time from the main job. In other words, for example, an employee works from 9 a.m. to 6 p.m. under the main contract and from 6 p.m. to 8 p.m. on a part-time basis.

Labor Code - about part-time work

According to Art. 61 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform, in his free time from his main job, other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job).

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.

Question:

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

Answer:

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 register an external part-time worker for a permanent job

In practice, there are two options for transferring an external part-time worker to the main place of work: through dismissal and hiring and through the conclusion of an additional agreement to the employment contract. Each of the two options has its pros and cons, and the best option is to determine exactly the option that is convenient for a specific company in specific circumstances. Labor legislation does not establish rules for such a transfer; regulatory authorities allow the legality of both options (see Letter of Rostrud dated October 22, 2007 No. 4299-6-1).

Legal side of the issue

There is no uniform procedure for registering such a transfer of employees. And all because the Labor Code of the Russian Federation does not provide detailed instructions. What should HR employees do if an external part-time worker becomes the main employee?

There are several ways to resolve this situation:

• dismissal and further acceptance;
• translation;
• drawing up an additional agreement.

Each option has its own characteristics, which determine the procedure for completing the necessary documents, including filling out a work book.

Option one: transfer of an external part-time worker to the main place of work

The first option is convenient because there is no need to fire an external part-time worker and, accordingly, make the final payment. The employee does not receive compensation for unused vacation (and, accordingly, does not lose the right to “take off” earned vacation). In addition, during the “transition” it will not be possible to establish a probationary period, since there is no hiring and signing of a new employment contract.

The procedure looks like this:

1. Signing an amendment to the employment contract, which records all changes in conditions: first of all, an indication that the work is the main one, as well as, for example, the working hours.
2. An order is issued (in free form) stating that from a certain date the work is the main one for the employee.
3. Entries are made in the employee’s work book:

• if there was no entry in the work book of a part-time worker (and such an entry is made only by the company at the main place of work and only on the initiative of the employee himself), then such an entry should be made after the entry about dismissal from the place of main work. The period of work as a part-time worker is indicated based on the order issued at the time of hiring;
• if there is an entry in the work book about external part-time work, then the next entry must be made stating that from a certain date the job became the main one (based on the order for transfer to the main job).

Translation: general points

If a part-time worker quits his main job, the part-time employer may offer him a permanent job. Please note: it can, but it does not have to.

1. Termination of a part-time employment contract and conclusion of a new one at the main place of work.

2. Conclusion of an additional agreement to the employment contract stating that part-time work becomes the main one.

If the transfer is carried out using dismissal, then the part-time employment contract can be terminated by agreement of the parties (clause 1, part 1, article 77 of the Labor Code of the Russian Federation) or on the initiative of the employee (clause 3, part 1, article 77). Dismissal from a part-time job and registration for the main job are carried out in accordance with the general procedure.

When translating by agreement, the procedure is somewhat more complicated. Rostrud, in Letter No. 4299-6-1 dated October 22, 2007, indicated: in order for part-time work to become the main one, it is necessary that the employment contract at the main place of work be terminated with a corresponding entry made in the work book. Changes must be made to the employment contract concluded for part-time work - for example, stating that the work is the main one, as well as if the working hours and other working conditions change.

Thus, the employee must first of all have an entry in his work book about his dismissal from his main place of work. Then a written agreement should be concluded with the employee to accompany the employment contract for part-time work. It must indicate:

• that the work has become the main one for the employee;
• the date from which part-time work will be considered the main one;
• new working time conditions;
• new conditions for remuneration; and etc.

In addition, if the part-time contract was fixed-term, but for the main job it becomes indefinite, a condition about this should be included.

Based on the signed agreement, an order is issued to change the type of employment contract.

Then you need to adjust your personal card and make an entry in your work book. According to Letter of Rostrud dated October 22, 2007 No. 4299-6-1, if there was no entry in the work book about part-time work and part-time work became the main one, then after the record of dismissal from the main place of work, the full and shortened jobs are indicated in the form of a heading. (if available) name of the organization.

Then, in column 3, an entry is made about the employee’s hiring from the day he started working for a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time worker. The entry will look like this: “Accepted as a teacher. From 08/14/2017 to 01/17/2019 I worked as a part-time worker.”

In column 2, you need to put the date when the place of work became the main one according to the additional agreement, and in column 4 - the details of the orders for hiring part-time work and that it became the main one.

If an entry for part-time employment is made, the entry in the work book will look like this.

https://www.youtube.com/watch?v=ytpress

We invite you to familiarize yourself with the Order for absenteeism of an employee without dismissal: a sample of how to issue it

Rostrud officials propose to consider part-time work a special condition of an employment contract (Article 282, paragraph 4 of the Labor Code of the Russian Federation), and not its separate type, despite the fact that Art. 57 of the Labor Code of the Russian Federation, part-time work is not mentioned as a mandatory condition included in the employment contract. Moreover, if an employee quits his main place of work and is listed as a part-time worker in the organization, it is impossible to automatically recognize him as a new main place of work, because to change the terms of the employment agreement, bilateral consent is required (Article 72 of the Labor Code of the Russian Federation).

Registration of an external employee as permanent through transfer, as the legislator understands it in Art. 72.1 of the Labor Code of the Russian Federation, can be considered at least controversial, and even illegal, since there is no permanent or temporary change in the functions of the employee or his structural unit. There is no situation here of moving to work in another area together with the employer.

Let us clarify: here we are considering a situation in which an employee, moving to the main place, will perform the same functions that he previously performed externally. Otherwise, it would indeed be advisable to first fire the part-time worker and then hire him to a new position, under a new employment contract, in order to reduce the risk of problems during inspections.

Transfer of a part-time worker to the main place of work in the order of “dismissal and hiring”

In this case, first of all, the employment contract with the employee must be terminated either on general grounds (at the request of the employee himself, by agreement of the parties), or on a special basis that exists for part-time workers (Article 288 of the Labor Code of the Russian Federation - in connection with the hiring of the main employee).

The procedure looks like this:

1. A dismissal order is issued.
2. A record of dismissal is made in the employee’s work book.
3. A new employment contract is signed (with the condition that the work is the main one).
4. An order for admission is issued.
5. A record of hiring is made in the work book.

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Phased transfer to external part-time work

The following detailed instructions will allow you to take into account all the requirements of the Labor Code related to the moment of transition to a new labor relationship between an external part-time worker and the employer:

1. Termination of a current contract with an employee can be formalized in two ways: by agreement of the parties (clause 1, part 1, article 77, 78) or based on an application at the employee’s own request (clause 3, part 1, article 77).
2. Based on the order to terminate the employment contract, the relevant services of the employer initiate the process of registering an entry in the labor contract and making final settlements with the employee (HR service and accounting department, correlating their actions with the provisions of Article 84.1 of the Labor Code).
3. An employee who is re-registered as a part-time employee receives wages based on worked and unpaid work days off, unused regular vacation, and in case of dismissal by agreement - another compensation payment agreed upon with management.
4. The personnel service records the employee’s dismissal in the labor record, and also issues all the papers accompanying the procedure.
5. Only after completion of the dismissal process is it possible to rehire the employee, already in the new status of a part-time worker, indicating in the new agreement the established working conditions and his payment.

Go If you left work an hour early, how can you punish

Registration through dismissal

The main feature of the first method is the termination of the previous employment contract (that is, part-time employment) in order to conclude a new one. It specifies all the requirements that arise with a change of status in the company. The employee and the employer enter into a new permanent relationship, the beginning of which will be considered the date specified in the contract. In order to carry out this procedure correctly, we will consider the process step by step.

1. The first step is to fire the employee as a part-time employee. The procedure for action in such a situation was described by Rostrud in its Letter No. 4299-6-1 dated October 22, 2007. For this purpose, the Labor Code (hereinafter referred to as the Code) provides two options:

• by agreement - an agreement is signed with the employee on the upcoming termination of the employment contract in accordance with Articles of the Code 78 and 77 (clause 1 part 1);
• at his own request - the employee must submit a letter of resignation - Articles of the Code 80 and 77 (clause 3 part 1).

It is definitely worth considering the fact that upon dismissal, the employer is obliged to make all calculations that are established in accordance with the law (Code, Article 84.1). In addition, it is important to calculate and pay compensation for the vacation period that was not used. Only after completing these steps can you proceed to the next step - registration.

1. Now you need to register the employee in the usual way at the main place of work and continue cooperation in a new capacity.

When using this method, it will not be superfluous to know some of the features that are inherent in it. Let's look at the two most important points:

• vacation experience;
• work book (hereinafter referred to as work book).

Regarding the “vacation” period, it is worth noting that it will be calculated from the moment the employee is accepted to the main place of work (from the date of signing a new employment contract). The labor situation is as follows. If there is no mark on part-time employment, then there is no need to make an entry about dismissal. After marking your dismissal from your previous main job, you just need to enter information about the new one. If there is a record of part-time work in the employment record, then after the information about dismissal from the previous main job, the following should be entered:

• column three – abbreviated and full name of the organization;
• column one - in it you must indicate the serial number of the entry that is being made;
• column two – the date of dismissal from part-time work is indicated opposite the entry number;
• column three - the reason for the dismissal is placed opposite the date, it is also necessary to indicate the relevant article (including part and paragraph) of the Code;
• Column four is for information about the order; you need to write the word “Order” and the corresponding number and date of the document confirming the dismissal.

These records are certified by a company employee who is responsible for preparing work books, or by an individual entrepreneur (employer). The employee does not have to sign. After this, you can enter information regarding hiring.

Is it profitable to fire and quit?

The question of the procedure for registering the transition of an external part-time worker to the main position is practically not as simple as it seems, based on labor law norms. We will rely on the point of view of Rostrud, since it is this structure that is given the authority to monitor the implementation of labor legislation.

Termination of one employment contract and signing of another is one of the ways to establish a new order of labor relations (Articles 77, 80, 288 of the Labor Code of the Russian Federation). A number of experts consider it the safest and not controversial, but it also implies inconvenience, on both sides:

• the administration must issue compensation for unused vacation when dismissing an employee (Articles 286, 127 of the Labor Code of the Russian Federation);
• When rehired, an employee may be offered a probationary period, and leave, as a “new” member of the team, is now granted by default no earlier than six months later.

If you fire and hire a citizen on the same calendar date, his continuous work experience will remain intact.

Articles on the topic (click to view)

• What to do and where to go if you are not paid upon dismissal
• What to do if you are laid off at work
• What to do if the employer does not want to fire at his own request
• What to do if the date of the dismissal order is later than the date of dismissal
• What to do if the employer does not give the work book after dismissal
• What to do if you didn’t work officially, you were fired, you didn’t get paid
• What is the employer obliged to give the employee on the day of dismissal?

Translation by drawing up an additional agreement to the main agreement

The second method, which can be used when transferring a part-time worker to a permanent job, involves concluding an additional agreement to the current contract. When using the presented option, you should do the same as in the first case, that is, adhere to a certain sequence of actions. The registration process begins with the employee providing a list of papers specified in the Code (Articles 65 and 66 paragraph 3). It includes:

• labor;
• information about wages for the current and two previous years (certificate of salary amount), the need for it may arise when calculating benefits - maternity or child benefits - if the employee wants to account for the corresponding payments from the previous employer;
• 2-NDFL (certificate) for the current year, which must be from the previous place of work, as well as documents confirming the rights to any deductions for personal income tax (these documents are provided if the employee expects to receive the corresponding deductions);

The next stage is concluding an agreement. In accordance with the opinion of Rostrud, which was set out in Letter No. 4299-6-1 dated October 22, 2007 and with the Code, Article 72, the document should indicate that:

• starting from the day included in the agreement, the work is considered the main one;
• the terms of the contract for part-time work are declared invalid from the specified date;
• changes are made to the contract that correspond to the fact of the transition to the main place of work (daily hours, duration of work, wages, etc.).

It is also important to indicate the effective date of the signed agreement. This date will be considered the start date of work at the main place. After completing the agreement, an Order must be issued. The fact of the employee’s transfer to the main place is recorded in any form. The entry on your personal card (Form N T-2) is also important. It indicates the re-registration of the employee. This is implemented by entering the following content (possibly next to it) - “from ... (the day the agreement is signed) the work is the main one.”

The employee must confirm that he has read these changes with his signature. Now it is important to reflect the transition to the main place in the workforce. Here you need to consider whether there is a record of part-time work made by the previous employer (at the main place). If there is no such mark, then according to the explanations of Rostrud from the Letter of October 22, 2007 number 4299-6-1, it is recommended to act as follows. The following data is entered into the “Job Information” section:

• column two – start date of part-time work;
• column three – a note about the position or profession for which the employee was hired, period (“Hired for the position _______, from ___ to ___ part-time work”);
• column four – number and date of the issued Order.

If there is a mark on part-time work, the following data is recorded in this section:

• column two – the employee’s start date of work at the main place (it is indicated in the agreement);
• column three - a note indicating that the specified part-time job has become the main place of work, date:
• Column four - number and date of the Order on registration of the employee for the main job.

After carrying out the described manipulations, you can begin interaction with the employee on new terms. When drawing up an agreement, it is important to include in it the main points that are required by law. From the date fixed when signing the agreement, the new status (type of work) will be considered valid. When re-registering, the second method is the easiest. The process is much simpler and takes less time.

In addition, the employer does not need to calculate vacation pay that was not used (“dismissal pay”). For the employee, it will be important that when re-registering using the second method, the vacation period is not interrupted. This allows you to avoid waiting six months after being hired to receive the legal right to rest. Simplicity and convenience make it possible to resolve the issue of transferring a part-time worker to a permanent job in a short time. In the process of searching for the most profitable job, people try many options. Part-time activities have ceased to be something unusual lately. More and more people want to change not only their lives, but also their level of income. Proper execution of each stage of the activity will allow you to feel confident in the process of communicating with the employer.

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Whose initiative?

Employees often ask to transform their part-time job into their main place of work. This usually happens orally, and then is formalized in an application addressed to the head of the organization at a part-time job.

This is important to know: Job reduction and transfer to another position

But not only the employee can take the initiative. An employer, having learned that a valuable employee has left his main place of work, and wanting him to work for him at his main place of work, can make an appropriate offer.

According to the information available in the HR department, you resigned from your main place of work, individual entrepreneur V.V. Shibanov. In this regard, we suggest that you switch to your main job at Zarya LLC. To do this, we propose to terminate the employment contract for part-time work dated 04/11/2015 No. b/n by agreement of the parties on 07/10/2017, and from 07/11/2017 to conclude an employment contract for the main job as an accountant.

I have read the proposal and received a copy. Ivanova, 07/07/2017

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

The employee can express his consent or refusal by drawing up a separate document - an application, or indicate his decision in his own hand on the proposal to transfer to the main place of work.