For a permanent place of work. Registration through dismissal. Dismissal

Temporary transfer is the transfer of an employee to another job for a definitely limited time. while maintaining a permanent job.

For temporary transfer the previous place of work and terms of the contract are preserved, but for a certain (short) period the employee is assigned another job, after which the previous working conditions are restored.

From the provisions of the law given in the previous answer it follows that at the end of the period temporary transfer, the employer is obliged to provide you with your previous place of work.

Article 72.2. Labor Code of the Russian Federation. Temporary transfer to another job
By agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, whose place of work is retained in accordance with the law , - before this employee goes to work. If after the end of the transfer period old job the employee is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

According to the above rule, by agreement of the parties, concluded in writing, an employee may be temporarily transferred to another job with the same employer for a period of up to one year, and in the case where such a transfer is carried out to replace a temporarily absent employee, for whom, in accordance with The law preserves the place of work until the employee returns to work.

If, at the end of the transfer period, the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition on the temporary nature of the transfer loses force and the transfer is considered permanent.

A transfer to another job in order to replace a temporarily absent employee is possible, for example, in cases where the absence of the replaced employee is due to his long-term business trip, temporary disability, being on regular or other vacation, etc.

A temporary transfer may also be used, in particular, to fill a vacant position before a permanent employee takes up that position.

Since a temporary transfer to another job in accordance with Part 1 of Art. 72.2 of the Labor Code of the Russian Federation (for example, to replace a temporarily absent employee) is permitted only with the consent of the employee, expressed in an agreement concluded with the employer; the issue of payment for such work is resolved by both parties by agreement.

In some organizations, at the end of the temporary transfer period, it is customary to issue an order to transfer the employee to his previous position. This order the employer is obliged to reflect in the employee’s work book, which is provided for by the Rules for maintaining and storing work books.

Thus, the actions of your employer are unlawful and contestable.

As I indicated earlier, if at the end of the temporary transfer period the employee’s previous job is not provided, and he did not demand its provision and continues to work, then the condition of the agreement on the temporary nature of the transfer loses force and the transfer is considered permanent.

Part 1 art. 72.2 of the Labor Code of the Russian Federation obliges the employer not only to issue an order to replace a temporarily absent employee, who is in charge of him during vacation, illness, business trip, etc. the place of work is preserved, and familiarize the “mobile worker” with the order, but also conclude an agreement with him on a temporary transfer.

This rule of law protects the interests of the employee if the transfer to a job not stipulated by the employment contract does not suit him.

Consequently, at the end of the temporary transfer period, you have the right by law to demand the provision of your previous job and are obliged to provide it to you. Otherwise, the employer’s actions expressed in refusal to provide you with your previous place of work can be appealed. established by law procedure (complaint to the State Tax Inspectorate and statement of claim to the court).

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 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.

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.

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 an internal employee by way of dismissal, then make a full settlement with the employee, make an entry in the employment record 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 of his own free will, bring you a work book, educational documents, resign from your company where he worked, and submit an application for employment to you.

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 external part-time worker you have the right to draw up an additional agreement to the contract on permanent and open-ended employment relations. When an employee is transferred from one employer to another, the next vacation is retained for him, and you will pay for it.

Part-time work is one of the forms of labor relations between an employee and an 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 work. 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 the staffing schedule. A permanent employee has the right to receive full salary.

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.

The transfer of a part-time worker to the main position in the same company can be formalized through dismissal or through the conclusion of an additional agreement with employment contract. Filling out the work book depends on when and by whom the entries on the hiring of a part-time worker and his dismissal were made.

In some cases, part-time work in a company becomes the main job for an employee. There are no clear instructions in the Labor Code on how to correctly formalize such a transformation of labor relations. Rostrud officials in their letter propose two ways: through dismissal of the employee or through an additional agreement to the employment contract (Rostrud letter dated October 22, 2007 No. 4299-6-1). In the article we will look at both options and examples of making entries in the work book of a former part-time worker.

We fire and hire again

If the employee agrees, he can be fired as a part-time worker, and then rehired in the main position. In this case, the part-time employment contract (Article 282 of the Labor Code of the Russian Federation) is terminated, and a new employment contract is concluded - at the main place of work.

The basis for dismissal, which will be indicated in the employee’s work book, may be termination of the employment contract by agreement of the parties (Clause 1, Part 1, Article 77 of the Labor Code of the Russian Federation), since to change the type of employment relationship, mutual consent of the employer and the former part-time worker is required. The employment contract of a part-time worker can also be terminated on his initiative (at his own request) (clause 3, part 1, article 77 of the Labor Code of the Russian Federation).

The form of entry into the work book of a part-time worker depends on whether information about part-time work was entered into it or not. Such entries are made at the request of the employee and only by the main employer (Article 66 of the Labor Code of the Russian Federation).

A record of the dismissal of an employee as a part-time worker can be made by the former main employer based on the employee’s application and a copy of the order on his dismissal as a part-time worker. If the employee did not ask to make such an entry, then it is made by the new main employer after hiring the employee at the main place. In this case, the chronology of entries in the work book will be lost, but this will not be a violation of the maintenance of this personnel document.

Example:

Ivanova A.A. worked in the main position at Alpha LLC from October 10, 2006 in the position of “accountant-cashier” and part-time at Beta LLC from January 15, 2012 in the position of “accountant”. At the request of Ivanova A.A. HR officers of Alpha LLC made an entry in the employee’s work book about her part-time work at Beta LLC.

In June 2012, Ivanova A.A. offered to move from a part-time position to the main position at Beta LLC, she agreed to start working there as a main employee from 07/01/2012.

First, she resigned from her previous main position at Alpha LLC at her own request (no record was made of the dismissal of the part-time employee), then at Beta LLC, she was dismissed as a part-time employee by agreement of the parties, after which she was accepted into Beta LLC. to the main place.

A record of dismissal from a part-time job is made by Beta LLC.

Entries in the work book of Ivanova A.A. look like below

Example:

Let's use the data from the previous example, but assume that the record of the dismissal of Ivanova A.A. as a part-time worker, at her request and on the basis of a copy of the order of dismissal from Beta LLC was made to Alpha LLC.

Example:

Let's use the data from the first example, but assume that the entry for employment as a part-time worker was not made by the personnel officers of Alpha LLC, since Ivanova A.A. did not express a desire to make such an entry.

Entries in the work book of Ivanova A.A. look like the example shown.

Additional agreement to the employment contract

Another option for an employee to transfer from a part-time job to his main job is to conclude an additional agreement to the employment contract to change the terms of the contract (Article 72 of the Labor Code of the Russian Federation). The agreement must indicate all changes in working conditions (working hours, salary, etc.). After formalizing the agreement, the manager issues an order (see example below).

The form of entries in the work book depends on whether an entry was previously made about hiring the employee as a part-time worker. If the entry was not made by the previous employer, the new employer must indicate in the entry on the employee’s employment at the main place the period of his work as a part-time employee. In this case, the date of entry in the work book should be the one from which the actual cooperation between the employee and the employer began, that is, the date of concluding a part-time employment contract. Such recommendations are given by Rostrud specialists (Rostrud letter dated October 22, 2007 No. 4299-6-1).

Example:

Let's use the data from the first example, but assume that Ivanova A.A. resigned from Alpha LLC at her own request and, having concluded an additional agreement with Beta LLC, is re-registered from a part-time employee to the main employee of Beta LLC.

Entries in the work book of Ivanova A.A. look like the example shown.

Example:

Let's use the data from the previous example, but assume that the entry for employment at Beta LLC as a part-time worker was not made by the personnel officers of Alpha LLC, since Ivanova A.A. did not express a desire to make such an entry.

The personnel officer of Beta LLC makes one entry in the work book.

Entries in the work book of Ivanova A.A. look like the example shown.

Expertise of the article: Anna Leonova, lawyer at the law firm “Egorov, Puginsky, Afanasyev and Partners”

Anna Leonova, lawyer at the law firm “Egorov, Puginsky, Afanasyev and Partners”

Priority method - additional agreement

Rostrud in its letter (letter of Rostrud dated October 22, 2007 No. 4299-6-1) indicated that termination of an employment contract for part-time work (for example, by agreement of the parties, at one’s own request), and then concluding an employment contract with other conditions is possible only with the consent of the employee. In other words, Rostrud gives priority to the method of transition of an employee from a part-time job to his main place of work by concluding an additional agreement to the employment contract with the employee and indicating that the work is his main one. This method allows the employee to save, for example, days of annual paid leave, since in the event of termination of the employment contract with a part-time worker, the period for the employee to obtain the right to annual paid leave is interrupted.

Maria Blagovolina, senior lawyer at Allen&Overy

Part-time or combination of positions?

Many people confuse part-time work and combining positions, calling both of them with the same word “part-time”. In fact, these two concepts cannot be confused, since in practice they mean different cases. The Labor Code gives a very clear definition of both concepts (Articles 60.1, 60.2 of the Labor Code of the Russian Federation). The key difference is that part-time work involves working during your free time. In this case, part-time work can be either external (i.e. working for another employer, which is quite common; external part-time work does not require the consent of the employer, with the exception of the organization’s managers), or internal. Internal combination of positions involves performing additional work during the established working hours. Additional pay is required for combining positions. Examples often encountered in practice are combining the positions of financial director and chief accountant.

Dmitry Pelakh, director of the Financial Consulting Agency company

Dismissal and transfer are illegal

Often, in order to hire a part-time worker to the main position, the employer first formalizes his dismissal. Despite the fact that this is the position of Rostrud, practitioners and labor law specialists actively dispute this approach. There are no real grounds for dismissing a part-time worker who will work in the company at his main location. The employee will not stop working for the company, he will continue to work in it under a different type of employment contract (the contract will be for the main place, and not part-time). Therefore, it is illegal to formalize such a transition through dismissal. A dismissed employee can always go to court and challenge his dismissal.

It is also incorrect to formalize the transition from part-time work to the main job through a transfer. The employee does not change either his job function or his separate structural subdivision(Article 72.1 of the Labor Code of the Russian Federation).

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Good afternoon Please explain step by step the procedure for transferring an external part-time worker to the main job with the same employer. Are there any special features if this is a leadership position (general director or chief accountant

Answer

In order for an external part-time worker to become the main employee, his dismissal from his main place of work is first required.

In such a situation, you can proceed in two ways: first formalize the dismissal and then hire the employee to the main job, or make do with amending the employment contract. The choice is up to the employer and employee.

If you have chosen to transfer to your main job without dismissal:

In this case, the employment relationship simply continues and the time worked by the employee on a part-time basis is simply taken into account in his length of service, which gives him the right to leave.

If you have chosen the path of transferring a part-time worker to your main place of work within one organization without dismissing him, then you will need to formalize:

Add. agreement

Make an entry in the work book.

All forms of documents that need to be prepared when transferring to the main job without dismissal are given in clauses 2-5 of the appendix to the answer.

About making an entry in the work book: Please note that a record of part-time work for an employee can be made at his main place of work. An employer where an employee works on a part-time basis is not given the right to make such entries. Samples of making an entry in the work book, both in the case when an entry about part-time work was previously made in the work book, and in the case when such an entry was not previously made, are given in clauses 4. and 5. of the Appendices to the answer.

If you have chosen re-registration through dismissal and hiring, then first the employee must be dismissed from the position being filled part-time, and a final settlement must be made with him, as with a regular dismissal. The grounds for dismissal can be: own wish employee and the agreement of the parties. Next, you can arrange for the employee to be hired for the main position in the general manner.

Features of the transition to the main position depending on the employee’s status:

If we are talking about the chief accountant, then there are no special features when a chief accountant transitions from a part-time job to his main job.

If we are talking about the CEO, then the peculiarity of the transition of the director (sole executive body) from a part-time job to a full-time job, then such a transition must be carried out by the decision of the founder (meetings of shareholders for a JSC, meeting of participants for an LLC, decisions of the sole founder), an additional agreement with him to the employment contract must be signed by the same body that originally concluded with director of the main agreement (founder who presided over general meeting or one of the founders authorized by the decision of the meeting).

If CEO at the same time is the sole founder organization and an employment contract was not concluded with him, then one decision of the founder will be sufficient to formalize such a transition.

Details in the System materials:

Answer: How to formalize the transition of an employee from a part-time job to his main job within one organization. The part-time employee becomes the main employee.

The transition of an employee from a part-time job to his main job within one organization can be arranged in several ways.

For example, such a transfer can be formalized through dismissal and hiring. To do this, first formalize the dismissal from a part-time job, and then hire this employee to the main place of work. In this case, the part-time worker must also resign from his previous main place of work. The legitimacy of this order is explained as follows.

With this method of registering an employee’s transition from a part-time job to his main job, the working period is interrupted to provide him with annual leave, but compensation is paid for unused vacation.

Another option for an employee to transfer from a part-time job to his main job is to enter into an employment contract to amend the terms of the contract (). In it, indicate that the work becomes the main one for the employee, change the terms of payment and working hours of the employee who becomes the main one. Next, issue an order and also reflect this information in it. This conclusion follows from the articles Labor Code RF.

Ivan Shklovets,

Deputy Head of the Federal Service for Labor and Employment

2.Document forms: additional. agreement

ADDITIONAL AGREEMENT No. 3

Moscow 07/24/2012

Closed Joint-Stock Company"Alpha", hereinafter referred to as the Employer, in

the person of the director Lvov Alexander Vladimirovich, acting on the basis of the Charter, with

on one side and electrician Alexey Vladimirovich Lampochkin, hereinafter referred to as

No. 47 the following changes:

editors: “The Employer hires an Employee for the position of electrician. This

the work is the main one for the Employee. The employee performs his duties in

electrician positions with a salary of 25,000 (Twenty-five thousand) rubles. per month. Remuneration is made in proportion to the time worked.”

working hours when working part-time from July 24, 2012 shall be considered invalid.

binding on the parties.

3. This additional agreement is drawn up in two copies, one each

copies have equal legal force.

Signatures of the parties:

Employer	Worker
Closed Joint Stock Company "Alpha" (ZAO Alpha) Address: 125008, Moscow, St. Mikhalkovskaya, 20 TIN 7708123436, checkpoint 770801009 Account number 40702810400000002233 VAKB "Nadezhny" K/s30101810400000000222 BIC044583222	Lampochkin Alexey Vladimirovich Passport series 46 02 No. 545177 Issued by the Voskresensky district police department Moscow region 04/15/2002 Registration address: 125373, G. Moscow, blvd. Jan Rainisa, D. 24, bldg. 2, apt. 474
A.V. Lviv	A.V. Lampochkin

3. Forms of documents: order

ORDER No. 62-k

About the transition from part-time work to the main job

Moscow 07/24/2012

In connection with the transition from part-time work to the main job

A.V. Light bulbs in the production department as an electrician

2008 No. 47)

I ORDER:

1. Alexey Vladimirovich Lampochkin to begin his main work,

Install A.V. Bulb the following operating mode:

Work days:

Beginning of work:

End of work:

Break for rest and food: ____________

Base: Add. agreement to the employment contract dated “____” ______________ No. ______

The salary for the main job as an electrician is proportional to the time worked.

Director A.V. Lviv

The following have been familiarized with the order:

Chief Accountant A.S. Glebova

24.07.2012

Head of HR Department E.E. Gromova

24.07.2012

Electrician A.V. Lampochkin

24.07.2012

4. Document forms: Fragment of the work book: if a record of part-time work was not previously entered into the work book (at the previous main place of work)

Job details

				public corporation "Production company "Master" (JSC "Production company "Master"")
				Hired as an adjuster Equipment	Order dated January 13, 2009
				Dismissed due to liquidation Organizations, paragraph 1 of part 1 Article 81 of the Labor Code Russian Federation Supervisor HR department E.E. Gromova Worker	Order dated May 28, 2013 No. 102-k
				Closed joint stock company "Alfa" (CJSC "Alfa")
				Hired as an adjuster Production equipment with 08/31/2011. From 08/31/2011 to 05/28/2013 carried out labor Function as Part-timer	Order dated 08/31/2011 No. 15-K/P-S

5. Forms of documents: Fragment of the work book: a record of part-time work was made at the main place of work:

...
Job details

				Open Joint Stock Company "Production Company "Master"" (JSC "Production Company "Master")
				Hired as an equipment adjuster	Order dated September 13, 2019 No. 2-k
				Hired as a part-time employee at the closed joint-stock company "Alfa" (CJSC "Alfa") as an adjuster production equipment	Copy of order dated August 31, 2011 No. 15-K/P-S
				Dismissed due to the liquidation of the organization, clause 1 of part 1 of article 81 of the Labor Code of the Russian Federation Supervisor HR department ______________ E.E. Gromova Worker ______________	Order No. 102-k dated May 28, 2013
				Closed joint stock company "Alfa" (CJSC "Alfa")
				Part-time work as a production equipment adjuster became the main job from 10/25/2013	Order dated May 29, 2013 No. 28-K-POR

With respect, and wishes for comfortable work, Tatyana Kozlova,

expert of the personnel reference system "System Personnel"

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