If a company needs to involve an employee working in another company to perform certain functions, an external part-time job may be a good option. In this case, he will continue to work at his main place of work in another organization. Depending on the specifics of the company's work or the duties of the employee, an external part-time job may be more convenient than an internal part-time job, when a current employee of the company is involved. However, later it may be necessary to increase the daily work of a part-time worker. In this case, he can quit his main job and go to the company full-time. Then the external part-time worker becomes the main employee. How to make such a change, we will consider further.

Internal and external part-time work: main issues

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

In case of a combination of jobs, the conclusion of a second employment contract is mandatory, and work under such an agreement must be performed in time free from the main job. In other words, for example, an employee works from 9 am to 6 pm under the main contract and from 6 pm to 8 pm on a part-time basis.

External part-time worker becomes the main employee

So, the employer and the external part-time job came to the decision to replace the external part-time job with the main job.

First of all, this means dismissal from the main job, because an employee cannot have two main jobs. This is confirmed by a corresponding record of dismissal and termination of employment in the employee's work book.

How to apply for an external part-time job

In practice, there are two options for transferring an external part-time job to the main place of work: through dismissal-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 particular company in specific circumstances. Labor legislation does not establish the rules for such a transfer, the regulatory authorities allow the legitimacy of both options (see Letter of Rostrud dated October 22, 2007 No. 4299-6-1).

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

The first option is convenient in that it is not necessary to dismiss the 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 is as follows:

1. Signing an amendment to the employment contract, which fixes all changes in conditions: first of all, an indication that the work is the main one, as well as, for example, working hours.
2. An order is issued (in free form) 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 part-time entry in the workbook of the part-time worker (and such an entry is made only by the company at the main place of work and only at the initiative of the employee), then such an entry should be made after the entry on dismissal from the main place of work. The period of work as a part-time worker is indicated on the basis of the order issued at the time of hiring;
• if there is an entry on external part-time work in the work book, then the next entry must be made that from a certain date the work has become the main one (based on the order to transfer to the main job).

Transfer of a part-time worker to the main place of work in the order of "dismissal-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 (

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 in an organization where he worked part-time. An additional agreement was signed and an order was issued to transfer him to the main job. Now you need to make an entry in the labor record about the transfer of a part-time job to the main place of work. How to do it right? Our experts will answer this question and offer a sample, using which the personnel officer can easily make the necessary entry.

Transfer 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 was made about part-time work in the employee's work book, the procedure for registering a transfer entry will differ.

There is no record of part-time work in the work book

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

• in column 3 of the section “Information about work”, make an entry: “Employed (name of position and structural unit, if any) from (date of commencement of work on a part-time basis). From (date of commencement of work on a part-time basis) to (date of the end of part-time work) he worked as a part-time worker”;
• in column 4 of the section "Information about work" it is necessary to indicate the details of the order for hiring a part-time job and the order for hiring for the main job.

A record of part-time work has been made

If a part-time entry is made in the employee’s work book, then the entry in the work book about the transfer of a part-time job will be different (Rostrud letter dated 10/22/2007 No. 4299-6-1):

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

If the part-time worker decided to become the main employee, there are two ways to arrange this. Either through dismissal or through a change in the employment contract. In this article, we have analyzed the transfer of a part-time worker to the main employees, with whom there are the most doubts.

How to apply them, the law does not say, so many questions arise, primarily with entries in the work book. In this article, we have analyzed three cases of transferring a part-time worker to the main employees, with whom there are the most doubts, and provided samples that will help you quickly navigate the paperwork.

An external part-time job resigns from his main job and brings you a work book

You accepted an external part-time worker. At the main place of work, the employee quits and wants to work for you as the main employee. You can arrange this in two ways.

Method 1. Dismiss the part-time employee and accept the main job. Most personnel officers adhere to this method, and the accounting department usually insists on it so that employee data is correctly reflected in the accounting program. Invite the part-time worker to write a letter of resignation of his own free will or enter into a written agreement with him to terminate the employment contract. There are no other grounds for dismissal in this case. Dismiss a part-time job if he agreed to this (Rostrud letter dated October 22, 2007 No. 4299-6-1). After you accept it again, fill out the work book.

If the previous employer entered a part-time job in the work book, but did not reflect the dismissal, then you must do this. After all, records of part-time work are made at the main place of work. When you draw up a new employment contract with an employee - a former part-time worker, close the record (sample below).

Sample. The employer at the main place of work made an entry only about hiring part-time

If at the last place of work the employee did not enter information about part-time work and he asks you to do this, there is no reason to refuse him. The entry must be made by the main employer, that is, now you (part five of article 66 of the Labor Code of the Russian Federation). There are no norms that after dismissal from a part-time job, an employee loses the right to write in the work book about this period of work. Moreover, the employee terminated the employment relationship in connection with the start of the main work with you. Therefore, we recommend making an entry in the work book in the same way as you would make entries about the external part-time job of the main employee (sample below). It will not work to keep chronological order when making entries about part-time jobs, but this is not a mistake.

Sample. The main employee asks to make an entry in the work book about part-time work

Method 2. Draw up an additional agreement on changing the terms of the employment contract. This method is resorted to if it is impractical to conclude a new contract. For example, when it comes to a director who has already been appointed to a position, and then he decided to quit another job. It can also be used in relation to ordinary employees.

See if there is a record of dismissal in the work book, and prepare an agreement for the employment contract, by which you will change the condition of part-time work to the main place of work (sample below). Please note that when the employee becomes the main employee, the restriction on the norm of working hours will cease to apply (Article 284 of the Labor Code of the Russian Federation). If you need to change other conditions, reflect them in the agreement (Article 72 of the Labor Code of the Russian Federation).

On the basis of an additional agreement, issue an order to change the terms of the employment contract. Develop the order yourself, there is no unified form. It reflects the salary and mode of work, and also indicate which documents should be amended in connection with the transfer to the main job. Familiarize the accountant and the person responsible for the time sheet with the order so that they correctly calculate wages and reflect actual hours of work.

Reflect in the work book that the employee's work has become the main one. The entry from the option through dismissal and admission will differ in that the work book will not contain a record of dismissal from part-time work. If the previous employer at the main place of work did not enter information about part-time employment, after the record of dismissal in the form of a heading, reflect the full and abbreviated name of the organization. Next, in column 2, put the date from which the employee was hired part-time. In column 3, write a standard job entry, and then indicate the period of work as a part-time job. In column 4, make a reference to two orders: on hiring and on changing working conditions (letter of Rostrud dated October 22, 2007 No. 4299-6-1) (sample below).

Sample. The part-time condition was changed to the main place of work through an agreement

If you entered information about part-time work at your main place of work, then after the records of the dismissal and the name of your company, indicate that from a certain date, work in the position of an employee has become the main one, for example, “Part-time work in the sales department as a sales manager from 08/02/2017 became basic". In column 2, indicate the date from which the terms of the employment contract were changed - 07/02/2017, and in column 4, make a reference to the order that you issued on the basis of an additional agreement to the employment contract - order dated 08/02/2017 No. 263.

In the personal card of the employee of form No. T-2, reflect that the work has become the main one. Apply the procedure for making changes to primary accounting documents (part 7 of article 9 of the Law of December 6, 2011 No. 402-FZ). Cross out with one line the type of work “part-time”. Above the line, indicate "From 08/02/2017, the work is the main one." In the margins opposite the line, write "Corrected", put the position, surname, signature and date of correction of the information. Familiarize the employee with this record under the signature.

The main employee decided to go to part-time

If you need to transfer the main employee to part-time workers, then dismiss him and accept him under a new employment contract. There is no other option because of the work book. The employer accepts it when he registers the main employee for work, and is obliged to keep the entire period of the employment relationship. The company can issue a work book to an employee only in two cases: at the request of the employee for registration of a pension and upon dismissal (Articles 62, 84.1 of the Labor Code of the Russian Federation, clause 35 of the Decree of the Government of the Russian Federation dated April 16, 2003 No. 225). Therefore, in order to legally issue a work book to an employee, dismiss him by agreement of the parties or at his own request.

Check with the employee if he would like to reflect part-time work in your company in the work book. If yes, then as soon as you accept an employee under a new employment contract, give him documents that confirm part-time work. These are copies of the order for hiring part-time and the employment contract or a certificate that confirms the part-time employment relationship. With these documents, the employee can apply at the main place of work (clause 3.1 of the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69). Not all part-time workers know about this, so explain to the employee his right and explain that there will be no risks if he wants to hide a second job at the main place.

Follow the entire procedure for hiring a part-time employee as a new candidate. Despite the fact that the employee previously worked for you, draw up all the documents. For example, you cannot continue to keep his personal card form No. T-2, a personal file, because you close these documents after dismissal. Also, re-familiarize the employee with all local acts, conduct the necessary briefings and note this in the logs.

The employee asks to swap the internal part-time job and the main job

The employee works for the company under two employment contracts. As the main employee, he was hired to the position of a consultant, and to the position of a legal adviser - on an internal part-time basis. It is necessary to do the opposite: as a consultant, the employee will work on an internal part-time basis, and as a legal adviser - at the main place of work. In this situation, there are three options.

Option 1. Dismiss the employee in both positions and re-hire him under two employment contracts. This is the most time-consuming, but less controversial way. There is no confusion with documents, entries in the work book. But you will have to prepare documents for four personnel procedures (two dismissals and two admissions). The employee will receive compensation for unused vacation in both positions and his experience for annual leave will be reset to zero, that is, there will be a new working period. And if an employee wants to go on vacation earlier than six months, then this will be in advance.

Option 2. With the consent of the employee, terminate the employment contract at the main place of work, and adjust the part-time contract with an additional agreement. Then accept the employee to work under a new part-time employment contract. Entries in the work book will depend on whether you entered information about part-time employment. Sample entries are similar to the first situation in the article.

Option 3. Do not terminate employment contracts, but adjust them with additional agreements. Then issue two orders and make changes to personnel documents. Make entries in the work book (sample below).

Sample. Swapped internal part-time job and main job

The third option raises the most questions, so personnel officers are reinsured and use the method of dismissal. But legally there will be no mistake if you change the terms of employment contracts with an additional agreement. After all, part-time work is one of the conditions of the employment contract, which we are obliged to include in the text (paragraph 11, part two, article 57, part four, article 282 of the Labor Code of the Russian Federation). And the terms of the employment contract can be changed (Article 72 of the Labor Code of the Russian Federation). And the condition of the main job can be changed to part-time and vice versa.

The transition 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 to an employment contract. Filling out the work book depends on when and by whom the entries were made on the hiring of a part-time worker and his dismissal.

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

Dismiss and accept again

If the employee agrees, he can be fired as a part-time worker, and then re-hired for the main place. At the same time, the part-time labor contract (Article 282 of the Labor Code of the Russian Federation) is terminated, and a new labor contract is concluded - at the main place of work.

The grounds for dismissal, which will be indicated in the employee's work book, may be the 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 mutual consent of the employer and the former part-time worker is required to change the type of employment relationship. 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 in the part-time work book 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).

An entry on the dismissal of an employee as a part-time job can be made by the former main employer on the basis of the employee's application and a copy of the order on his dismissal as a part-time job. If the employee has not asked to make such an entry, then it is made by the new main employer after the employee is hired 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. From October 10, 2006, she worked at the main place in Alpha LLC as an accountant-cashier and part-time in Beta LLC from January 15, 2012 as an accountant. At the request of Ivanova A.A. the personnel 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 job to the main place in Beta LLC, she agreed to start working there as a main employee from 07/01/2012.

First, she resigned from her previous main job at Alfa LLC of her own free will (there was no record of the dismissal of the part-time job), then at Beta LLC, she was dismissed with her as a part-time job by agreement of the parties, after which she was accepted into Beta LLC to the main place.

The record of dismissal from part-time work is made by Beta LLC.

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

Example:

Let's use the data of the previous example, but suppose 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 dismissal order from Beta LLC, was made to Alpha LLC.

Example:

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

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

Additional agreement to the employment contract

Another option for an employee to transfer from a part-time job to the main job is to conclude an additional agreement to the employment contract on changing 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 the agreement is signed, the manager issues an order (see example below).

The form of entries in the work book depends on whether a record was previously made of hiring an employee as a part-time employee. If the entry was not made by the previous employer, the new one must indicate in the entry on the admission of the employee to the main place the period of his work as a part-time job. At the same time, the date of entry in the work book should be set to 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 10/22/2007 No. 4299-6-1).

Example:

Let's use the data of the first example, but suppose that Ivanova A.A. resigned of her own free will from Alpha LLC and, having concluded an additional agreement with Beta LLC, she 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 in the example.

Example:

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

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

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

Article review: Anna Leonova, lawyer at Egorov Puginsky Afanasiev & Partners

Anna Leonova, lawyer at Egorov Puginsky Afanasiev & Partners

Priority method - additional agreement

Rostrud in its letter (letter of Rostrud dated 10.22.2007 No. 4299-6-1) indicated that the termination of an employment contract for part-time work (for example, by agreement of the parties, at their own request), and then the conclusion of an employment contract with other conditions is possible only with the consent of the employee. In other words, Rostrud gives priority to the way the employee moves from part-time to the main place of work by concluding an additional agreement to the employment contract with the employee and indicating that the work is the main one for him. This method allows the employee to save, for example, the days of annual paid leave, since in the event of termination of the employment contract with a part-time job, the period for the employee to obtain the right to annual paid leave is interrupted.

Maria Blagovolina, Senior Associate at Allen&Overy

Part-time or combination of positions?

Many people confuse part-time work and combining positions, calling both one and the other with the same word “part-time job”. In fact, these two concepts should not 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 implies such work in their spare time from the main one. At the same time, part-time work can be both external (i.e., work for another employer, which is quite common; external part-time work does not require the consent of the employer, with the exception of the heads of the organization), and internal. Internal combination of positions implies the performance of additional work during the established working hours. Additional fees apply for overlapping positions. Examples often encountered in practice are the combination of the positions of financial director and chief accountant.

Dmitry Pelah, Director of the Financial Consulting Agency

Dismissal and transfer - illegal

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

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

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Each entry in the work book - the main document of the employee - must be filled out properly. The rules for its registration are regulated by the Labor Code of Russia. Despite the presence of instructions for filling out this document, many employees of the personnel department face problems in formulating notes on the professional movement of an employee within the organization. Basically, they have questions about how an entry in the work book about transferring to a permanent job should be drawn up, and how the procedure for converting a part-time job into the main job takes place.

part-time

The term "part-time job" itself implies a form of secondary employment, in which anyone can, in his spare time from his main job, receive additional income in a third-party organization. In this case, the management of the enterprise, which has taken on a part-time person, can formalize an employment relationship with him by drawing up an employment contract.

Compatibility record

At the personal request of the worker, information that he works in another organization on a part-time basis can be reflected in his work book. The mark is made at the main place of work, since the work book cannot be handed out, except in cases of dismissal. Such a mark is not mandatory, and sometimes its presence is even undesirable. This is due to the fact that some people do not want to inform their bosses at their main workplace about their additional earnings, since not all managers approve of side jobs.

If the employee has expressed his desire to make a record of part-time employment, then the personnel officer of the enterprise does not have the right to refuse him this. After the part-time worker has completed the proper application for making a part-time mark, the personnel officer at the main place of work must make it in the "Job Information" section as follows:

1. The first column contains the serial number.
2. The second column records the date the employee was hired to work part-time.
3. In the third column, an entry is made with the name of the organization in which the employee was employed, with the name of the structural unit (subject to the presence of such a clause in the employment contract) and position.
4. The last column indicates the name of the document, which is the basis for making this entry on part-time employment.

Change of working conditions part-time to a permanent place of work

There can be a lot of reasons why a part-time job should become the main job. When such a moment comes, the personnel department employees are obliged to carry out the procedure for registering a “new” employee, and it happens that they do not always know how to do it correctly.

There are several ways out of this difficult situation:

• modification of labor relations with a part-time worker through his dismissal)
• change of working conditions without dismissal.

As practice shows, at the time of the employee's request for his transfer from a part-time job to a permanent job, he has already terminated the employment contract with the main employer and has a work book with a record of dismissal in his hands. During this period, he is still considered a part-time worker, despite the fact that he no longer has a main job. In view of this, the question arises: can the employment contract of a part-time worker be automatically converted into the main one? Lawyers assure that there is no automatic transformation of labor relations, and therefore changes in the working conditions of an employee occur in accordance with the Labor Code.

This fact confirms the following:

• firstly, a change in the terms of an employment agreement can only occur with the mutual consent of the applicant and the employer)
• secondly, an applicant who has ceased his activities at his main workplace is not at all obliged to inform the authorities about this from an additional place of work.

Transfer through dismissal

If it is necessary to do additional work as the main one, experts recommend the option provided by law. The Labor Code says that the change of labor relations from part-time conditions to the main ones occurs through dismissal. Let us consider in more detail the question of how to make an entry in the work book about the transfer to a permanent job and draw up the rest of the documents.

Having all the necessary forms at hand, the personnel officer of the enterprise, which is an additional place of work, must accept from the employee a work book with a record of dismissal from a permanent workplace. Often the basis for such a dismissal is the termination of the employment contract by mutual agreement of the parties or the subordinate's own desire.

In addition to providing a work book, the part-time worker draws up a letter of resignation addressed to the head of the additional workplace, and the latter issues an appropriate order. Further, an entry is made in the work book about the dismissal of one's own free will, the basis of which is a copy of the issued order. After completing these procedures, between the employee and the management of the enterprise where he worked part-time, a new employment contract is concluded in two copies, signed and certified by the seal of the organization.

The fact of signing an employment contract must be reflected in the work book, as evidenced by a new record of employment on permanent terms. Thus, having resigned from an additional job and re-registered there, the employee ceases to be an applicant and receives a new main job.

Translation without dismissal

The above method of transfer does not require any special entry in the work book about the transfer to a permanent job of a person who worked as a part-time job. In addition, there is another translation option. It is carried out by drawing up an additional agreement attached to the employment contract concluded between the employer and the part-time worker. This method is approved by the Ministry of Labor of Russia, since it does not recognize part-time work as a type of labor agreement, but considers it just a condition for its preparation.

Since the terms of the contract change, and the employee goes to work in the organization on an ongoing basis, such changes in his career must be documented. In this case, an additional agreement is signed between him and his management, saying that both parties agree with the change in the working conditions of the employee in this organization. After the employee has provided the personnel department with a work book with a record of dismissal from the main workplace, the personnel officer is obliged to make a record indicating his transfer within the enterprise. The layout of this entry looks like this:

• after the record of dismissal from the main workplace, the following serial number is put)
• then the date of transfer from an additional workplace to a permanent one is indicated)
• in the third column, an entry is made: “Part-time work has been terminated, continues to work as the main employee” (the entry may have a different wording at the request of the personnel officer))
• in the fourth column, a link to the document is written, which is the basis for making this entry)
• at the end, the record is certified by the stamp (seal) of the organization.

If there is no match record

The transfer of a part-time worker to the main workplace without dismissal is possible only if the work book contains an initial record of his admission to the organization on a part-time basis. If there is no such mark, the employer must issue an order to hire an employee on permanent terms and make an appropriate entry in the work book.

Another solution would be to make a record indicating the fact of accepting an employee as an applicant, indicating the date that coincides with the time of his labor activity at another enterprise, which was his main workplace. The basis for this will be a copy of the order to accept an employee as a part-time job. Next, you should perform the transfer procedure using one of the two options described earlier.

According to the Russian Ministry of Labor, transfer through dismissal-hiring is the best solution. The legislation does not prevent employers from changing the terms of the contract with their subordinates (with mutual consent), who have a preliminary record of part-time employment. And this does not depend on whether the transfer was carried out with the help of dismissal or executed in the form of another agreement to the employment contract.

However, despite the simplicity of the procedure, which is the answer to the question of how to make an entry in the work book about the transfer to a permanent place of work, any employee should be prepared for the fact that he may have minor difficulties when applying for a pension benefit. Sometimes there are situations when the Pension Fund refuses to count the period of part-time work into the total length of service, and therefore it is necessary to be extremely careful when preparing documents at the time of converting an additional workplace into a permanent one. This mainly concerns the date of admission / dismissal, which must coincide with the date in the orders for the movement of an employee within the organization.