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.

Transferring 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 path 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 a supporting 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 confirmed 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 employee, 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 the following 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 dismissing a part-time worker.

The dynamics of the modern world do not allow you to relax, and over time, searching for a job becomes routine. Some spend weeks and months waiting for a suitable vacancy as their main place of work, others try to find one. In both the first and second cases, finding an acceptable activity with an optimal level of income is very problematic. Frequent layoffs lead to the fact that part-time work becomes the only place of work, and there may be a need to re-register due to the employee’s desire to work in the company as a primary employee. What should you do when faced with such a situation? In accordance with the law, special conditions for employment are established for part-time workers. For this reason, when transferring an employee, it is worth considering such aspects. They will allow you to transfer a part-time worker to a permanent job relatively quickly and without much difficulty. Let's consider the main possibilities contained in the legislation.

Methods for transferring a part-time worker

If an employee quits and expresses a desire to become your permanent employee, then you should carefully consider the registration process. You cannot transfer an employee who does not have reliable evidence of not having a main job. It is established by law that a citizen is prohibited from having two main jobs.

As a rule, in most cases, two common options for transferring a part-time employee are used. Each of them is convenient in one situation or another. To choose the right path, it is advisable to familiarize yourself with both methods.

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 about 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.

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 making a mark in the “Type of work” column (can be next to it) with the following content: “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.

Expert opinion

Maria Bogdanova

More than 6 years of experience. Specialization: contract law, labor law, social security law, intellectual property law, civil procedure, protection of the rights of minors, legal psychology

You decide for yourself how to transfer part-time workers to main employees. Please note that the second method – transfer using an additional agreement – ​​is not provided for by law and can create difficulties when calculating insurance or pension experience. Nevertheless, employees prefer it when they do not want to write a letter of resignation, lose the right to vacation, etc. Registration through dismissal and hiring fully complies with the law, but often causes concerns among part-time workers.

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 income level. Proper execution of each stage of the activity will allow you to feel confident in the process of communicating with the employer.

Transfer of the General Director

To transfer a chief director holding a part-time position, it is necessary to obtain the consent of the founders or founder. The transfer, as in the case of ordinary employees, can be carried out using the same methods above.
The agreement is signed with the person who previously hired the director (usually a representative of the team elected at a general meeting).

At one point he may quit his main job. But this does not mean that at another place of work, where he works part-time, the employee will necessarily have to be made the main one (Letter of Rostrud dated October 22, 2007 N 4299-6-1). If he or his employer does not want this, the employee, as before, can calmly fulfill his duties, working no more than 4 hours a day or no more than half the standard working time for the accounting period (Article 284 of the Labor Code of the Russian Federation).

At the same time, under such circumstances, the employee will be able to transfer from part-time workers to main employees. Of course, if both the part-time worker and his employer agree to this.

Methods for transferring a part-time worker to the main place of work

The transfer of an external part-time worker to the main place of work can be arranged in one of two ways. The first involves the dismissal of a part-time worker - at the employee’s own request or by agreement of the parties (Clause 1.3, Part 1, Article 77 of the Labor Code of the Russian Federation), and the conclusion of a new employment contract with him, but as with the main employee.

The main disadvantage of this method is that the part-time worker will need to pay all dismissal payments, including compensation for unused vacation (Article 84.1, Article 127 of the Labor Code of the Russian Federation). Accordingly, after signing a new employment contract, he will have to count his vacation time as a newly hired employee, i.e. from scratch.

The second method involves transferring a part-time worker to the main job without dismissal. To do this, an additional agreement to the current employment contract is concluded with the part-time worker. The agreement specifies a change in the wording of the contract regarding the hiring of an employee for the main job. After this, the employer must draw up an order for the transfer from part-time workers to main employees and make the appropriate entries in the work book. As you understand, in this case the employee’s vacation period will not be interrupted. A sample order for the transfer of a part-time worker is given below.

Please note that a transfer from an external part-time worker to a core employee cannot be processed as a transfer to another job. Since in this case neither his labor functions nor the structural unit where he works changes (

If a company needs to involve an employee working in another company to perform certain functions, a good option may be to arrange an external part-time job. 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 employee’s duties, external part-time work may be more convenient than internal part-time work when a current employee of the company is involved. However, subsequently it may become necessary to increase the daily work time of the part-time worker. In this case, he can quit his main job and join the company full-time. Then the external part-time worker becomes the main employee. We will consider further how to formalize such a change.

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.

External part-time worker becomes the main employee

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

First of all, this means dismissal from his main job, because an employee cannot have two main jobs. This is confirmed by the corresponding entry about dismissal and termination of employment relations in the employee’s work book.

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).

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. The following entries are made in the employee’s work book:

• if there was no entry in the part-time worker’s work book about part-time employment (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 main place of 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).

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 (