The employer is going to transfer an external part-time worker to the main position at the enterprise. It is planned to arrange a transfer because the employee does not want to lose vacation days. However, higher authorities insist that first of all the part-time worker will have to be fired, paying him compensation, and only after that he will have to be hired to the main position. Let's find out what would be the logical thing to do in this situation.
Expert opinion on the question of how to formalize the transfer of an external part-time worker to the main position
If a part-time job becomes the main one for an employee, the preferred option for registering an employment relationship would be to change the job status without terminating the employment contract. Let's try to substantiate our conclusion.
If you give preference to the second option and do not terminate the existing employment relationship in order to transfer an external part-time worker to the main position, you will need to sign an additional agreement to the previously concluded employment contract. This document will require that the condition of carrying out activities as a part-time worker be invalidated. The corresponding paragraph is stated in a new wording or cancelled. If the employer makes any new demands on the former part-time worker, the additional agreement also allows changing any other terms of the employment contract. For example, you can prescribe new conditions on wages or working hours (Article 72 of the Labor Code of the Russian Federation). In addition, there is no need to issue a new order for employment - the employer can issue an order in any form recognizing the place of work as the main one.
As for the entries in the work book, we can definitely say that the document should indicate information about the new job, since it has become the main job for the employee (Article 66 of the Labor Code of the Russian Federation). Current legislation does not regulate a strict procedure for making entries in the work book for such a case. But you can rely on the explanations in the Letter of Rostrud dated October 22, 2007 No. 4299-6-1 and the Instructions for filling out work books (approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69). It becomes clear that the procedure may be as follows:
| If there is an entry in the Labor Code about part-time work, previously entered at the main place of work | If there was no entry in the Labor Code about part-time work |
| In column 3 of the “Work Information” section, indicate as a heading the full or abbreviated name of the organization after the previous employer’s record of dismissal. | In column 3 of the “Work Information” section, indicate as a heading the full name of the current employer and its abbreviated name (after the notice of dismissal). |
| Indicate the serial number of the entry in column 1. | In column 1, indicate the serial number of the entry. |
| In column 2, indicate the date from which the work was recognized as the main one. | Enter the date of employment in column 2 (date of employment under an employment contract on a part-time basis). |
| Make an entry like “The job of _____ has become the main one” in column 3. | In column 3, enter the entry “Hired to the position of _____. From ___ to ____ I worked part-time.” |
| In column 4, indicate the details of the order. | The number and date of the order for employment as a part-time worker, the details of the order for recognizing the work as the main one are entered in column 4. |
Legislative acts on the topic
Common mistakes
Error: The employer decided to transfer an external part-time worker to the main position in the organization. The employer believes that it is first necessary to fire the part-time worker, and then hire him to the main position by concluding a new employment contract.
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 by (name of position and structural unit, if any) 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.
Read also: Rules for certification of work records in 2019
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.
Transferring a job to the main place of work from a part-time job is a common problem for HR managers. Many people prefer to hire a part-time worker through dismissal from their main job, but in this case the employee may lose vacation or other benefits! Then translation? What then should I write in my work book? Rostrud has long had its own opinion on this matter, which legislators consider correct. However, the transfer procedure is not stipulated in the laws.
Transfer of an employee from a part-time job to his main place of work - options
To begin the procedure for re-registration of a part-time worker, the employee first needs to quit his main job. This is required by the Rostrud administration ( letter No. 4365-6-1 dated October 26, 2007.). After dismissal, you can transfer.
There are only two options for solving the problem of transferring a part-time worker:
- admission through dismissal;
- transfer from part-time job to main place of work by transfer.
The first way is preferable for an accountant and HR officer - it’s also easier! No hassle - I quit there, brought my work report, then I quit my part-time job and voila - you can accept it. The procedure for dismissal and hiring is clearly outlined in the laws. But first you need to somehow force the employee to resign on his own.
Upon dismissal, compensation for vacation is paid, which means that the employee will not rest. And where are the guarantees that after he writes an application on his own, he will be hired back, but not as a part-time worker, but as a main employee? That's why here there is a possibility of refusal from the employee. In case of transfer, the employee is protected.
The transfer of employees from a part-time job to their main place of work is not provided for by any law, but is not prohibited either. And if you look at it and take into account the explanations of Rostrud, then there is nothing complicated in the translation.
Below we present arguments that will help convince an accountant that it is always easier to register a part-time employee by transfer than by dismissal. After all, it is accountants who protest against this scenario.
Part-time work – a condition or type of contract
An analysis of labor legislation does not clearly classify part-time work as a separate contract or as one of its conditions. On the one hand, the list of mandatory conditions of the TD does not include the condition of part-time work (Article 57 of the Labor Code), but Article 282 of the Labor Code obliges part-time workers to draw up employment contracts.
According to Rostrud (which is adhered to by inspectors from the State Labor Inspectorate), part-time work is precisely a condition of the employment contract, since it is this that determines the nature of the work. Then it turns out that dismissal from the main job automatically makes the part-time job the main one. Or not?
According to Article 72 of the Labor Code, the terms of the contract can only be changed with the consent of both parties - the director and the employee. Therefore, there can be no talk of any automatic change of employee status. Then what, should I arrange a transfer?
Legality of transfer to main job
Based on the meaning of Article 72.1 of the Labor Code, a transfer is a temporary or permanent change in his job responsibilities or place of work. In the case of part-time work, there is no change in either functions or place of work.
Therefore, it turns out that the transfer of a part-time worker is impossible. But there is a way out -
How to make a transfer
if you need to transfer a part-time worker to a permanent job, it is enough to change the terms of the contract what can be done is trivial by signing an additional agreement!
We draw up an additional agreement
The employee and director must agree to the new working conditions. An employment contract was concluded with the part-time worker, so the terms of this particular contract will change. To do this, the phrase “part-time work” needs to be changed to “work is the main one.” Accordingly, if the salary and work schedule changes, this also needs to be recorded in an auxiliary document, which will be an additional agreement.
The text of the additional agreement is something like this:
Text of the additional agreement
Fortuna LLC, represented by director S.S. Gorbunkov, acting on the basis of the Charter (hereinafter referred to as the “employer”), and G.G. Vasin. (hereinafter “employee”), agreed to the following:
clause 1.2. Employment contract No. 1 dated December 12, 2014. read as follows: “Work is the main thing for an employee.”
Accordingly, the re-registration of labor relations is fixed by order. For clarity, an order for transfer from a part-time job to the main place of work (sample):
ORDER No. 13-p
Based on additional agreement No. 1 dated December 25, 2015. to employment contract No. 1 dated December 12, 2014. between Fortuna LLC and Vasin G.G. I order:
1. Assign G.G. Vasin, who previously worked at Fortuna LLC as a part-time worker, to the status of the main employee from December 25, 2015.
2. Inspector of the HR Department A.A. Ruchkina make changes to the documents of Vasin G.G.
Director of Fortuna LLC _____________ S.S. Gorbunkov
The following have been familiarized with the order:
______________ G.G. Vasin
______________ A.A. Ruchkina
Important: The details of the specified order will be reflected in the work book!
Now let's look at how to make an entry into the employment record (transfer from a part-time job to the main place of work).
What to write in a work book
Neither the laws nor the instructions for maintaining work records determine how to record the transfer of a part-time worker to the main job. But clarifications on this issue are provided by the Rostrud department ( letter dated October 22, 2007 No. 4299-6-1).
If there is already a record of part-time work in the employment record, then after marking the dismissal from the main job, the following entry is made:
Recording in labor
Part-time work has been discontinued; he continues to work as a main employee.
If there was no record of part-time work, then after the notice of dismissal from the main job there should be this text:
Recording in labor
Limited Liability Company "Fortuna" (LLC "Fortuna")
Hired on December 25, 2015. painter in a paint shop. From 12/12/2014 worked part-time in the same position.
As you can see, transferring to the main place of work from a part-time job can be issued without dismissal of a part-time worker.
If a person during the working day, for example, from seven in the morning to four in the afternoon, does the work of a journalist, and from five in the evening to nine in the evening works as an editor, this means that he performs the work of an editor part-time. If the duties of both a journalist and an editor are performed at the same enterprise, we are talking about an internal part-time worker, but if in order to work as an editor, a person has to go to another organization, we are talking about an external part-time job.
Features of the work of part-time workers
So, from the example given above, it is clear that by performing any work in addition to the main job, a person becomes a part-time worker. The features of such labor duties are described in Chapter 44 of the Labor Code of the Russian Federation.
In short, a part-time worker is the same employee as any other main employee of the enterprise, with the exception that he must perform part-time work strictly in his free time from his main activity. That is, if a person is registered in one organization in a certain position from nine in the morning to seven in the evening, from five in the evening he cannot fulfill any labor obligations either in another organization or in the same one - except perhaps to perform combination work that are processed and paid for completely differently.
The law does not limit a part-time worker in the number of jobs or working hours, but it is clearly stated that the working hours of a part-time worker cannot exceed half of the working norm for the main job. That is, if working as a journalist, our part-time worker works one hundred and sixty hours a month, he cannot, while doing part-time work as an editor, work more than eighty hours in this position. However, the law does not prohibit him, for example, from working seventy hours a month as a part-time editor and another forty hours as a part-time accountant.
Applying for a part-time job
With the exception of restrictions on the number of working hours and performing part-time work only in free time, a part-time employee has the same rights and guarantees as main employees. And that means the same responsibilities.
Therefore, the labor relations of the part-time worker and the employer are regulated by generally accepted documents: an employment contract.
The agreement is drawn up and concluded on a general basis and according to the general rule:
- a part-time worker writes a job application and brings the necessary documents (copy of passport, education documents);
- the employer and the part-time worker sign an employment contract, which contains a note indicating that this is a part-time contract;
- the employer issues an order or directive to the enterprise regarding the hiring of a part-time worker. At the same time, the word “part-time worker” may not appear in the order; it is simply noted that the employee was hired, for example, at 0.5 or 0.4 rates.
After completing the necessary documents, at the request of the employee, a corresponding entry can be made in the work book. Since all work books are stored at the enterprise where the employee works in his main position or profession, and are not issued to employees, a note about part-time work must be made in the personnel department of the enterprise where the main work is performed. To do this, the part-time worker must provide a certificate stating that he works part-time, which must indicate the name of the organization, the position of the employee and the details of the order under which he was hired.
Transferring a part-time worker to a permanent job
If a part-time worker quits his main job (be it an external or an internal part-time job), then his former part-time job becomes his main one.
Even if he remains working at half or quarter rate. Naturally, such a transition must be completed and executed correctly so that there are no problems for either the employee or the employer.
One of the controversial issues of labor legislation is how to register a part-time worker when transferring to the main job, so that this is correct and in full compliance with the law, since the Labor Code does not give clear instructions in this regard. Therefore, employers choose one of two options:
- dismiss an employee and rehire him;
- sign an additional agreement to the employment contract.
Dismissing an employee and rehiring him
Using this transfer option, the employer terminates the employment contract with the part-time worker, a corresponding entry is made in the latter’s work book, and then a new employment contract is signed - this is the main one - an order is issued for the enterprise and a new entry is made in the work book.
p>Employers are not too fond of transferring a part-time worker to a permanent job in this way, because upon dismissal, the employee is required to pay compensation for unused vacation days, as well as all benefits and allowances due. The employees are not too happy with this transfer either, because now they are considered newly hired employees and must work the required six months before they can go on vacation; in addition, the employer can set a probationary period for the employee.
There is another difficulty in using this method: the employer can fire a part-time worker provided that he is replaced by a main employee only if an open-ended employment contract has been signed or if the fixed-term employment contract has expired.
Transfer of a part-time worker to a main employee by signing an additional agreement or amendments to the employment contract
By law, an employer can transfer an employee:
- to another organization (structural unit);
- to another region (city, region) together with the enterprise;
- to another job within the same enterprise.
It is the last point that supporters of the transfer method rely on by signing an additional agreement or changes to the employment contract. Since the law mentions another job, but does not provide a definition of the concept, a part-time worker becomes the main employee of the enterprise in a different main position than he previously had.
In this case, the employee writes an application requesting a transfer, changes to the contract or additional agreement are drawn up, and the person continues to work, for example, in the same position, but with a larger number of working hours.
True, in order to carry out such a transfer, an entry about part-time work must be made in the work book. Then the entry “Part-time work has been terminated” will be added to it. Hired for such and such a position.”
It is worth noting that from the point of view of specialists, this transfer option remains quite risky, since if the employee’s job responsibilities have not changed, the transfer is considered imperfect, even if his position now sounds different.
“Fish looks for where it is deeper, but man looks for where it is better” - this common proverb perfectly characterizes the desire of any person to provide himself with comfortable living conditions. Having a good, or better yet a loved, job plays an important, if not the main, role in this endeavor. Nevertheless, it happens that, as they say, an offer comes in that cannot be refused. But what to do if there are reasons why a person cannot or does not want to finally part with his previous place of service? A completely reasonable solution is to transfer to a part-time job from the main place of work.
Legislative norms
The Labor Code of the Russian Federation is the main legislative act in the relevant area of law. It establishes requirements for drawing up an employment contract, discipline rules and regulations, the rights and obligations of the parties, and regulates other aspects of interaction between employees and employers, including part-time work.
The legislation gives a definition and also highlights the features characteristic of this mode of activity. True, not a single document describes the transfer from the main job to a part-time job in the form of a clear process with requirements for what needs to be done and how.
Therefore, each employer, or more precisely, personnel service employees, must independently develop instructions on how to transfer an employee from his main place of work to a part-time job. Naturally, in this case, it is mandatory to comply with all legal norms, so that in the event of inspections, you do not have to blush and look for answers to uncomfortable questions from auditors.
general information
Part-time work assumes that a person who has a main place of employment (say, in company A) enters into another employment contract with company B. At the same time, he can perform job duties for company B only at the time when he is free from them in company A The contract must contain a clause that reflects this requirement.
It is also possible to transfer from the main place of work to part-time jobs within the same company.
Features of part-time employment
In accordance with the law, the working hours of a part-time worker are no more than 4 hours a day. However, if a person works on days free from his main job, his working day can last the usual 8 hours. These restrictions do not apply when, at the main place of employment:
- payment of wages was delayed for more than 15 days, and the employee suspended work, notifying the employer in writing;
- the employee was temporarily suspended from official duties because, due to medical conditions, he required a transfer to another job, which he refused or was unable to carry out because there was no suitable vacancy.
The procedure for remuneration of a part-time worker is determined by the contract. Possible options:
- Proportional to time worked.
- Based on the results of the work done: if time-based payment is provided - for the number of hours worked, if each completed task/project is paid - for the total volume of completed tasks.
When working part-time, annual paid leave is provided. Moreover, it is provided simultaneously with leave from the main place of employment.
It is impossible not to mention the peculiarities regarding the termination of an employment contract. Of course, it can be terminated in the standard manner due to circumstances established by law: expiration of the term, at the initiative of one of the parties, agreement of the parties, and so on.
However, the employer has the right to initiate termination of the contract with a part-time employee if he hires a specialist for whom it will become the main one. The employer must notify of its intention at least two weeks before the date of termination of the contract.
In addition, we note that two similar concepts, as it may seem, should not be confused: combination and part-time work. The first, unlike the second, involves the simultaneous performance of work duties provided for by different positions (for example, combining the positions of a sales specialist and a business analyst) during the working day.
How to apply for a part-time job
First of all, you need to know that such a thing as a transfer from the main place of work to a part-time job does not exist either in the law or in personnel documents. In the usual sense for employees, a transfer means concluding an additional agreement to the employment contract.
The additional agreement contains information about the position and unit to which the specialist will be transferred, as well as the date from which he begins to perform his official duties. However, in the case of part-time work, everything is not quite the same.
Of course, a representative of the HR department should think about how to transfer from the main place of work to a part-time job. However, it is useful for anyone to know some of the features associated with this process.
First, you need to remember that part-time work presupposes the presence of a main job, which means that the work book must be in a company that is considered the place of main employment. Without it, you simply will not be able to conclude an agreement with the employer. You can receive a work book with the appropriate marks from the HR department only upon dismissal. Otherwise, this will be a violation of established norms and rules of document flow. 
Summarizing what has been said, we can conclude that the employer will not be able, and will not take responsibility, to formalize the transfer of an employee from his main place of work to a part-time job by concluding an additional agreement to the current contract. Therefore, you should understand that you can become a part-time worker only by terminating the contract on the grounds provided by law, and then concluding a new one containing a part-time job clause.
Do I need an entry in the work book?
A very difficult question for a HR specialist is how to transfer an employee from his main place of work to a part-time job. The most logical, correct and legal way is to resort to the “dismissal-reception” procedure. To do this you need:
- receive a corresponding statement from the employee;
- issue an order;
- make a notice of dismissal in the work book;
- prepare and sign a new employment contract on a part-time basis.
Thus, the entry in the employment record when transferring to a part-time position from the main place of work will consist of a notice of dismissal. As a rule, when signing a part-time contract, no entry is made in the work book.
Payment to part-time workers. Vacation and part-time benefits: Video