With one employer. A transfer, including from the main place of work to a part-time job, is, in essence, a change in the terms of the employment contract determined by the parties, therefore, by virtue of Art. 77 of the Labor Code of the Russian Federation must be formalized by an agreement of the same name, concluded in writing.
That is, upon dismissal from his main place of work, the employee has the right to apply for his transfer to a vacant position on a part-time basis. Then you, as an employer, must enter into an additional agreement to the employment contract with such an employee. In this additional agreement, define new terms of remuneration, new working hours, etc., and do not terminate the original employment contract.

But there is a small snag related to the requirements of the Instructions for filling out work books. According to this Instruction, entry into the work book of information about part-time work is carried out at the request of the employee at the place of main work and according to the same Instructions, in the event of a transfer of an employee, the work book must contain entries about previous and new places (positions) of work. But it is impossible to transfer an employee from one place of work to another if the work book does not contain the relevant information about these jobs.

Another option for the development of events is to terminate the employment contract for the main job (by agreement of the parties or on the initiative of the employee) and accept the dismissed person for a part-time job by issuing an appropriate order and concluding a new employment contract indicating that it is a part-time job. Moreover, when an employee is hired on a part-time basis, an employment contract with him is concluded in accordance with the general procedure. The only difference is that the person accepted as a candidate is not required to provide the future employer with a work book, military registration documents, or an insurance certificate of state pension insurance.

This way of registering the transition of a main employee to a part-time employee is most often practiced by employers.

Tip 2: How to transfer an employee to a part-time job from his main place of work

If you have a main employee registered in accordance with labor legislation, and you would like to transfer him to a part-time employee, then you should carry out the procedure for dismissing him. After the employee gets another job as his main one, you can hire him on a part-time basis.

You will need

• - employee documents;
• - forms of relevant documents;
• - documents of the enterprise;
• - seal of the organization;
• - labor legislation.

Instructions

When dismissing a key employee, you should accept a statement from him. In it, the employee must register his request for resignation of his own free will. The application must contain the following information: personal data of the specialist, date of dismissal, name of the position, department in which the employee is registered. The document is signed by the employee and endorsed by the head of the enterprise to whom it is sent for review.

As a rule, the fact of dismissal should be documented. In this case, a dismissal order is mandatory. In it, write down the employee’s personal data, the name of the position he occupied and the service in which he worked. In the administrative part, indicate the date of dismissal. Properly verify the document and familiarize the employee with it.

The accounting department must calculate all payments due to the employee upon dismissal. Personnel employees should make a note of dismissal in the specialist’s work book and issue it on the last working day along with money for unused vacation, actual time worked.

When an employee registers for another company on a general basis, hire him for a part-time position. Carry out the acceptance procedure in accordance with labor laws governing the work of part-time workers.

Russian labor legislation allows for the possibility of formalizing relations with the employer, both in the form of full-time employment and part-time employment with part-time registration. In order to enroll an employee in accordance with the letter of the law, you must adhere to the procedure established by the Labor Code of the Russian Federation.

In order to correctly register for a part-time position from the point of view of the law, personnel employees must follow the approved procedure and comply with all the requirements of the provisions of labor legislation:

• Articles 286, 228, 127 – contain the rules for concluding and terminating labor relations with the employer;
• settlement with an employee – Art. 77-78.80;
• provisions for the transfer of an employee are given in Article 72;
• rules for drawing up a work book and keeping records in it - Articles 57, 66, 282;

Since the Labor Code of the Russian Federation does not contain specific articles regarding the procedure for transferring from the main place of work to a part-time job without dismissal, the above articles allow you to re-register an employee in a new status without much effort.

The translation process is the preparation of an additional agreement to the contract.

The additional agreement with the employee must contain the following information:

1. The exact name of the department and position in which the employee intends to continue working.
2. Information about the start of the agreement and the transition to part-time work.

When transferring from a main position to a part-time position within one enterprise, a HR department specialist must take into account the nuances associated with keeping records in the work book, because working at the main place, the citizen transferred his work record to the employer for safekeeping, and part-time work on the basis of an additional agreement no longer requires this.

Combination presupposes the possibility of working in another enterprise as the main place of work, which entails the need to transfer the book to the personnel service of the main employer. Ignoring these provisions of the law can be considered a violation of current regulations, with further assignment of liability for violations. Therefore, when leaving the main position for a part-time job, it is necessary to comply with the Labor Code requirements for the dismissal procedure: with the issuance of a work permit and the making of all payments for the employee.

Basic part-time options

The translation processing process will vary depending on what type of combination is chosen: internal or external.

Internal part-time work allows for the possibility of continuing employment relations with the current employer in the old and new part-time status. External part-time work involves an employee leaving his main place of work to find full-time employment in another company, while retaining a number of official responsibilities in a position at his current place of work.

Description of the procedure

By allowing external part-time work, the employer must understand that from now on the employee will perform work in his free time from his main job. By registering an internal combination, the employee retains his current position, adding the workload of an additional type of work.

Standard procedure

Adhering to the following action plan, they re-register from the main position to a part-time position:

1. Drawing up and submission by the employee of a resignation letter at the main place of work.
2. Coordination with management.
3. Preparation of an order to terminate an employment contract.
4. In the personnel service, the employee makes a corresponding entry in the labor record.
5. Drawing up and signing a new agreement on new terms of employment, position and payment.

It is important to consider that re-registration as a part-time worker actually means the employee’s ability to work in other places.

Phased transfer to external part-time work

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

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

When re-registering a citizen, the employer’s services must take into account some features of the procedure.

The resignation letter is written in a standard form, according to the template established at the enterprise, indicating the applicant’s personal information, the date of termination of the working relationship and the basis for dismissal - “at one’s own request.”

An integral part of the transfer to combined work is the accounting department’s calculation of vacation pay for the time worked. The new vacation period in 2019 will be counted from the moment of entering a new position, and vacation payments are made only for the time that the employee actually worked in the new status.

When hiring a part-time employee, the employer must take into account that the employee’s new salary should not be higher than half the salary received by employees in similar positions as main employees.

What needs to be done when a worker’s status changes, if the circumstances of the performance of his duties change?

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What is involved in the transfer from a non-permanent performer to a permanent worker? How to properly complete all documents without breaking the law?

Not all personnel officers know the answers to these questions, so our article will help you find out what to do in this or that case.

Legal basis

In some cases, when a part-time employee performs other duties during non-work hours, this is sometimes required to become the employee's main job.

How to formalize such changes so as not to infringe on the rights of the worker? Many personnel officers get lost in such situations and do not know the correct course of action.

Legal relations between employer and employee are regulated by several main articles of the Labor Code of the Russian Federation.

Thanks to the provisions described in them, the following actions are performed:

• dismissal and hiring (Articles 228, 127,286);
• general rules for settlements with an enterprise (Articles 77, 78, 80);
• translation (Article 72);
• registration of documents or entries in the work book (Article 57; 66; 282).

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

Possible options

There are two types of part-time jobs: and.

This depends on whether the employee continues to perform other duties at his enterprise or, after his main job, goes to another institution.

Re-registration of status from part-time to main employment has some difficulties, because The legislation does not have a clear plan of action in connection with this issue.

With such a transfer, a person chooses one of two options for document preparation:

• dismiss part-time employees and formalize acceptance to the main position;
• draw up and sign an additional agreement to the contract between the employer and the employee.

There is a described procedure in the Labor Code for dismissing a part-time worker with subsequent promotion to the main position.

It provides:

• , which the part-time worker did not have time to use;
• possibility to re-assign ;
• provision of work in a new status after six months;
• continuity of experience, because the day of dismissal and acceptance are dated on the same date.

When registering a new part-time status, some peculiarities arise for both the worker and the employer.

This applies to the performance of duties at one or different enterprises, as well as the nuances of accepting a former part-time worker in a new status.

External part-time job

An external, non-primary position can be transferred to the status of the main job only after the employee is dismissed from the main job.

The re-registration of duties is formalized by an order to change the conditions of employment, to which the employer and employee agree. The basis of the order is Art. 72 Labor Code of the Russian Federation.

There is no approved standard form for a personnel order on the hiring or transfer of a worker to the main place of work.

In these cases, a general standard form of employment order is used, a sample (form) of which is given below:

Example:

The electrician turned to the organization where he had worked since November 2010. part-time, with a request to reassign him to this position in August 2011, as at his main place of work. He resigned from the staff of the main company, where he worked under an employment contract.

In this case, the personnel officer drew up an additional agreement to the employment contract, which indicated certain changes in working conditions from the moment the worker applied for a change in status, and signed an order to this effect. Entries were made in the work book based on the order.

Internal part-time job

There are two ways in which you can transfer from a part-time job to your main place of work, which are explained in detail below.

Dismiss-accept

The employee is fired for his main type of work and part-time job, and then rehired, only now for the main position, the duties of which he previously performed part-time.

All orders on dismissals and hiring are issued on the same day.

The corresponding entries are made in the work book.

This procedure is not welcomed by either the employer or the employee, and here's why:

• The employer needs to make compensation payments to the employee for vacation days that he earned and did not claim.
• For an employee, upon dismissal from a part-time position and re-acceptance, a new probationary period may be established and the vacation period may be pushed forward by six months.

Therefore, a more satisfactory way of this procedure for both parties would be to formalize the transfer.

Translation

With an internal transfer, the process of re-registration of a worker's status is impossible without dismissal from the main job, but here there is no longer a need to quit from a part-time position.

Procedure:

• The employee must first write a letter of resignation from his main job, which the employer must approve.
• Further published.
• The personnel employee makes a corresponding entry in the work book.
• Then, on the basis of an additional agreement to the employment contract and an order, an employee of the organization is transferred from a part-time employee to a permanent employee, indicating that this is now his main place of work.
• The personnel employee makes another entry in the work book.

Application example:

Sample letter of resignation from main job

Example of a dismissal order:

Sample dismissal order

Order for transfer of part-time worker:

Example of an order

Example of an additional agreement:

Example of an additional agreement

Entries in the work book

Entries in the work book made in accordance with the procedure for transferring a worker from a part-time job to his main job are presented in the table.

Circumstances of work	Document	Entries in the work book
External part-time job	Certificate from the organization where the employee works after hours	entry based on the provided certificate
	Statement	—
	Order of dismissal	Details of the order of dismissal from the enterprise
	Additional agreement on changing the terms of the agreement between the employer and the worker	Details of the order for transfer to the main place of work
Internal (dismissal-reception)	Order for additional work	A record of additional work can be made at the request of the employee.
	resignation letter from both places; application for a job	—
	dismissal order; The order of acceptance to work.	data on the order of dismissal from the enterprise; details of the employment order.
Internal (translation)	Order on additional position	Recorded at the request of the worker
	Letter of resignation from main job
	Additional agreement on changing the terms of the employment agreement	Data from the order to change the conditions for fulfilling duties

An example of an entry in a labor document during a transfer:

An example of a labor record through dismissal:

The need for an additional agreement and its features

When transferring a part-time employee to a permanent employee, it is imperative to draw up an additional agreement to the employment contract.

This is due to the fact that the clause on the performance of duties specifies the conditions for their fulfillment.

Regarding the translation procedure, the legislation states that it can be carried out if required:

• to move to another structural department of the organization;
• together with the relocation of all production to another territory;
• performing another type of activity at the same enterprise, which has a significant difference from the main duties.

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

Personnel nuances

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

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

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

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

Part-time work is a fairly common occurrence. Moreover, employees often quit their main place of work for one reason or another and want it to become their main job. Does the change happen automatically? Of course not. This is only possible if the part-time employer agrees with this state of affairs and is ready to hire a full-time employee. However, the question arises: how to arrange everything? After all, the Labor Code does not regulate “transfer” from a part-time job to the main place of work. Let's find out...

Labor Code - about part-time work

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

The specifics of regulating the labor of part-time workers are determined by Ch. 44 Labor Code of the Russian Federation. First of all, let us remind you that there are categories of workers for whom part-time work is prohibited. For example, these include:

minor workers;

employed in work with harmful or dangerous working conditions, if the main work involves the same conditions;

employees whose work is directly related to driving or driving vehicles, if similar work will be performed part-time.

The employment contract must indicate that the job is a part-time job. This condition must be duplicated in the employment order. However, only the employer at the main place of work can make an entry into the work book of a part-time worker.

The duration of working hours when working part-time should not exceed four hours a day. During a month (another accounting period), this indicator should not exceed half of the monthly working time standard (working time standard for another accounting period) established for the corresponding category of workers.

Payment for part-time workers is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract. When he establishes a time-based wage system and standardized tasks, wages are paid based on the final results for the amount of work actually completed.

Question:

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

Answer:

No, it doesn't. Indeed, it turns out that the employee, without having a main place of work, works part-time. But this does not in any way affect the status of the part-time work agreement: its terms can only be changed by agreement of the parties.

Whose initiative?

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

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

Offer

about going to work

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

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

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

How to apply?

In practice, there are two options for processing personnel documents in connection with the transformation of a part-time job into the main place of work.

1. With dismissal.

In this case, the part-time employment contract is terminated and a new one is concluded at the main place of work. The advantages of this option are that for the employer everything is clear in the design - two procedures: and reception. This option also has disadvantages. Firstly, for the employee: there is no guarantee that, after being fired from a part-time job, he will be hired for his main job; the length of service required to grant leave is reset to zero; When concluding a new employment contract, a trial may be established. Secondly, for the employer this option is fraught with the preparation of a large number of documents and payment of certain amounts to the employee.

2. No dismissal.

An additional agreement to the employment contract is concluded stating that the work becomes the main one. With this option, the advantages are obvious. The employee continues to work (there is no threat of losing his job), and the employer only needs to draw up an agreement, make an entry in the work book, and adjust internal documents. However, there is a significant drawback - it is not clear how to draw up a work book, so the employee may have problems when assigning a pension.

Some specialists issue a transfer order and believe that by indicating in the order a change in the type of work, they have completed everything according to the rules. Let’s say right away that such a design is not suitable from the point of view of labor legislation, and here’s why. By virtue of Art. 72.1 of the Labor Code of the Russian Federation, a transfer is considered a permanent or temporary change in the labor function of an employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer.

As a rule, when a part-time worker becomes the main employee, he continues to perform the same job function, just full-time. Accordingly, none of the things listed in the definition of transfer occur—neither a change of function nor a change of unit. This means that translation is not applicable here.

Let's look at the transformation options in a little more detail.

Dismissal - acceptance

Rostrud, in Letter No. 4299-6-1 dated October 22, 2007, explained that only with the consent of the employee is it possible to terminate an employment contract for part-time work, and then conclude an employment contract with other conditions.

What grounds for dismissal should be used in this case? We believe that two grounds apply, to choose from:

by agreement of the parties - clause 1, part 1, art. 77 Labor Code of the Russian Federation;

at the initiative of the employee - clause 3, part 1, art.

So, if the contract is terminated under clause 1, part 1, art. 77 in the agreement on termination of the employment contract, indicate:

• date of termination of the employment relationship;

grounds for dismissal – clause 1, part 1, art. 77;

other conditions. For example, you can indicate that after termination of the employment contract, the employer and employee will enter into an employment contract at the main place of work.

Next, the agreement is signed and the termination of the employment contract is formalized. To do this, a dismissal order is issued, which must be familiarized to the employee against his signature. Record your dismissal in the appropriate section of your personal card. On the last working day, make a final settlement with your part-time worker - pay the amounts due to him, including compensation for unused vacation. This is important because it is impossible to transfer unused vacation into the framework of a new employment contract, even if the employee does not actually change his place of work.

Now you can conclude a new employment contract, including in it all the conditions that you agreed on with the employee. For example, you don’t have to install a test - after all, you already know how it works. Based on the signed agreement:

issue a hiring order;

get a personal card;

enter the work book data in the book for recording the movement of work books and inserts in them;

make an entry in the work book about admission.

The difficulty arises at the last stage: how to make an entry in the work book? A really difficult question, since 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, do not contain recommendations for such a situation. Nevertheless, we believe that the wording of the entry depends on whether an entry about part-time work was previously made or not.

If there is no record of part-time work , then after making an appointment for the main job:

in column 1, indicate the serial number of the entry;

in column 2 - the date of admission to part-time work;

in column 3, make an entry about part-time work;

Below, under the next serial number, make a note about your dismissal from a part-time job with reference to the order to terminate the employment contract.

If a record of part-time work was made , the entry after the transformation of labor relations may look like this:

№ records	date
	number	month
				Shibanov V.V.
				Accepted by an accountant.	Order dated June 10, 2013
					Order of Zarya LLC
				into a society with limited	dated September 27, 2015 No. 44-p
				responsibility (Zarya LLC).
					Order dated 07/04/2017
				Part 1Article 77 of the Labor Code
				Russian Federation.
				Society with limited
					Order dated July 11, 2017
				Fired from part-time job	Order dated July 10, 2017
				by agreement of the parties, paragraph 1 of part 1
				Article 77 of the Labor CodeRussian
				Federation.

As we can see, the chronology in the records is broken. However, there is nothing wrong with that.

Agreement

The next way to transform part-time work into the main job is to conclude an additional agreement to the employment contract on part-time work. Rostrud, in Letter dated October 22, 2007 No. 4299-6-1, recommended exactly this method, indicating that in order to transform into an employment contract concluded at a part-time job, it is necessary to make changes (for example, that the job becomes the main one, about changing the regime work and other conditions, if it occurs). But this is possible only after the employment contract at the main place of work is terminated.

The additional agreement must describe in as much detail as possible all the changes that will occur to the employee when changing from a part-time job to his main job. In particular, please indicate:

to change the type of contract;

the date from which part-time work will be considered the main one;

new conditions on working time and rest time;

new conditions for remuneration;

other conditions agreed upon by the employer and the employee.

The agreement must be drawn up in two copies and signed by both the employee and the employer. Based on the agreement, an order is issued.

About N. I. Ivanova’s transition to her main job

Since July 11, 2017, accountant Natalya Ivanovna Ivanova has been working at Zarya LLC at her main place of work.

Reason: additional agreement dated July 10, 2017 to the employment contract dated April 11, 2015 No. b/n.

I have read the order:

Now you can make changes to your personal card, as well as make an entry in your work book.

If, while working at the main place, a record of hiring a part-time job was not made, the record may look like this.

№ records	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
	number	month
				Individual entrepreneur
				Shibanov V.V.
				Accepted by an accountant.	Order dated June 10, 2013
				Dismissed voluntarily, point 3	Order dated 07/04/2017
				Part 1Article 77 of the Labor Code
				Russian Federation.
				HR specialist Koneva
				Society with limited
				responsibility of "Zarya" (LLC "Zarya")
				Hired as an accountant.	Order dated July 11, 2017
				From 09/27/2017 to 07/10/2017 work
				at the same time.	Order dated September 27, 2015
					№ 44-p

If the entry for part-time employment was made at the previous main place, then the entry in the work book may look like this.

№ records	date			Information about hiring, transfer to another permanent job, qualifications, dismissal (indicating reasons and reference to the article, clause of the law)	Name, date and number of the document on the basis of which the entry was made
	number	month
				Individual entrepreneur
				Shibanov V.V.
				Accepted by an accountant.	Order dated June 10, 2013
				Hired for a part-time job	Order of Zarya LLC
				into a society with limited	dated September 27, 2015 No. 44-p
				liability (Zarya LLC)
				Dismissed voluntarily, point 3	Order dated 07/04/2017
				part 1articles77 Labor Code
				Russian Federation.
				HR specialist Koneva
				Society with limited
				Responsibility of "Zarya" (LLC "Zarya")
				Part-time work	Order dated July 11, 2017
				became the main one in the position of accountant.

There are two ways to change a part-time job to your main place of work: by dismissing a part-time worker and accepting him as the main employee, or by concluding an agreement with him that the part-time job becomes the main one. We believe that the second option is much more convenient for both the employee and the employer, since it is easier to process.

Very often a situation arises in a company when a part-time job becomes the main one for an employee. Moreover, most often this procedure is formalized by terminating the employment contract for part-time work and concluding a new employment contract with the employee as the main place of work. Meanwhile, this option may not be beneficial for either the employee or the employer. Therefore, in this article we will look at how it is possible to re-register a relationship with a part-time worker without first dismissing him.

Is part-time work a type of contract or a condition of it?

Let's figure out what part-time work is - the type of employment contract or its condition. This question is not idle, since debates about this do not subside to this day.

So, in accordance with Art. 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. Part-time work can be performed by an employee both at the place of his main job (internal part-time work) and with other employers (external part-time work).

Analysis of labor law norms does not give a clear answer to what part-time work is - a separate type of contract or one of its conditions. On the one hand, part-time work is not mentioned in the list of mandatory conditions for inclusion in an employment contract under Art. 57 of the Labor Code of the Russian Federation, and in Art. 282 of the Labor Code of the Russian Federation talks about “concluding employment contracts for part-time work.” In addition, Chapter 44 of the Labor Code of the Russian Federation is devoted to the peculiarities of regulating the labor of persons working part-time. On the other hand, the list of Art. 57 of the Labor Code of the Russian Federation is open.

Meanwhile, according to Rostrud, part-time work is one of the conditions of the employment contract.

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The condition of working part-time is a mandatory condition of the employment contract, determining the nature of the work, since this is directly established by part four of Article 282 of the Labor Code of the Russian Federation.

Who has the right to make a record of part-time work?

At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work (Article 66 of the Labor Code of the Russian Federation).

In this case, the procedure for filling out a work book looks like this:

• Column 1 contains the serial number of the entry;
• Column 2 indicates the date of employment as a part-time worker;
• in column 3, an entry is made about acceptance or appointment as a part-time worker in a structural unit of the organization, indicating its specific name (if the condition of working in a specific structural unit is included in the employment contract as essential), the name of the position, specialty, profession indicating qualifications;
• Column 4 indicates the name of the document on the basis of which the entry was made, with reference to its date and number.

In a similar procedure, a record of dismissal from a part-time job is made.

Example 1

Sample application for making a record of part-time work

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Example 2

Sample certificate of part-time work

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Example 3

Sample of filling out a work book for part-time employment

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The question often arises: what is meant in this case by the main place of work: only that which coincides in time with the period of part-time work, or can the entry be made later? If we turn to Art. 66 of the Labor Code of the Russian Federation, it turns out that it does not mention at the place of what main work the entry can be made. Rostrud holds a similar opinion.

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Anatoly Eshchenko, head of department of the Department of Supervision and Control of Compliance with Labor Legislation of Rostrud:

If entries about acceptance and dismissal from part-time work were not entered into the employee’s work book in a timely manner, during the period of such work, then, in our opinion, they can be entered at the request of the employee at any time and later by the employer at the place of main work on the basis of the document , confirming part-time work.

Is it possible to automatically convert a part-time job into the main place of work?

As a rule, if a part-time worker asks to re-register him at his main place of work, this means that he quit his other main job and has a work book in his hands. A conflict arises: the employee remains a part-time worker for now, but does not have a main place of work. Therefore, the following question is logical: isn’t there an automatic transformation of a part-time worker into a main employee in this case?

In our opinion, there can be no talk of any automatic transformation of the part-time contract. Firstly, an external part-time worker is not at all obliged to inform the employer about his dismissal from his main job. Secondly, changes to the terms of the employment contract determined by the parties are allowed only by agreement of the parties (Article 72 of the Labor Code of the Russian Federation). A similar opinion was voiced by a Rostrud specialist.

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Anatoly Eshchenko, head of department of the Department of Supervision and Control of Compliance with Labor Legislation of Rostrud:

If an employee working part-time terminates the employment contract at his main place of work, then the part-time job does not automatically become his main place of work. Since the condition of working part-time is a mandatory condition of the employment contract, and in accordance with Article 72 of the Labor Code of the Russian Federation, changing the terms of the employment contract determined by the parties is allowed only by agreement of the parties and only in writing, then the corresponding additions indicating that this work has become for the main employee, in accordance with the procedure established by labor legislation, must be included in the employment contract.”

Is the translation legal?

Quite often, part-time workers are reassigned to their main place of work through transfer.

However, in our opinion, the translation procedure is not suitable here. According to Art. 72.1 of the Labor Code of the Russian Federation, transfer to another job is a permanent or temporary change in the labor function of an employee or structural unit (if the structural unit was specified in the employment contract), while continuing to work for the same employer, as well as transfer to work in another location together with the employer. In our case, no change in the labor function, much less the structural division of the employee, occurs.

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Anatoly Eshchenko, head of department of the Department of Supervision and Control of Compliance with Labor Legislation of Rostrud:

As for the re-registration of labor relations with a part-time worker by transferring him to the main job, this option, in our opinion, contradicts the norms of labor legislation and in this regard cannot be applied.

We re-register through an additional agreement

In this case, the most realistic procedure looks like transferring a part-time worker to the main employee by drawing up an additional agreement to the employment contract on changing working conditions. Moreover, Rostrud specialists believe that part-time work is not a type of contract, but one of its conditions.

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Anatoly Eshchenko, head of department of the Department of Supervision and Control of Compliance with Labor Legislation of Rostrud:

Since the condition of working part-time is a mandatory condition of the employment contract, and in accordance with Article 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and only in writing, it is necessary to conclude an additional agreement to the employment contract in which changes will be made the terms of the employment contract regarding the status of the employee, that is, it is indicated that the work that he previously performed on a part-time basis is now his main one.

The specified re-registration of labor relations must be necessarily confirmed by the relevant order (instruction) of the employer, the content of which indicates that the employee who previously worked part-time receives the status of the main employee.

Note: in letter dated October 31, 2007 No. 4413-6, Rostrud specialists stated that the Labor Code provides for the possibility of making changes to an employment contract, regardless of its type.

Rostrud, in letter No. 4365-6-1 dated October 26, 2007, noted that in order for part-time work to become the main one for an employee, it is necessary that the employment contract at the main place of work be terminated with the corresponding entry being made in the work book. At the same time, it is necessary to make changes to the employment contract concluded for part-time work (for example, stating that the work is the main one, as well as if the employee’s work schedule and other conditions change).

Do not forget, that an agreement to change the terms of the employment contract determined by the parties is concluded only in writing (Article 72 of the Labor Code of the Russian Federation).

In the letter of Rostrud dated October 22, 2007 No. 4299-6-1, it was stated what to do if there was an entry in the work book about part-time work, made at one time at the main place of work. So, in this case, after recording the dismissal from the main place of work and recording the full and abbreviated (if any) name of the organization, an entry should be made stating that from such and such a date, work in such and such a position became the main one for this employee. In this case, in column 4 a reference is made to the corresponding order (instruction).

The difficulty lies in the fact that it is not at all clear what specific entry should be made in the employee’s work book, because nothing is said about this in the legislation. We addressed this question to Rostrud.

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Anatoly Eshchenko, head of department of the Department of Supervision and Control of Compliance with Labor Legislation of Rostrud:

Neither the Labor Code of the Russian Federation nor the Instructions for filling out work books establish the procedure for making an entry in the work book of an employee who, having previously worked part-time, received the status of a main employee. However, the corresponding entry must be made in the employee’s work book, especially since the provision of any benefits, guarantees and compensation to the employee often depends on the length of working hours.

In this regard, we believe that on the basis of an additional agreement to the employment contract and the corresponding order (instruction) of the employer, it is necessary to make an entry containing information that his part-time work has been discontinued, but continues as a main employee. This entry may be something like this: “Part-time work has been terminated, continues to work as a main employee.”

Also, in letter No. 4299-6-1 dated October 22, 2007, Rostrud specialists explained what to do if there was no entry in the employee’s work book about part-time work. So, in this case, the record of dismissal from the main place of work indicates the full and abbreviated name of the organization in the form of a heading. Then a record is made of the employee’s acceptance from the day he started working for a specific employer with reference to the relevant order (instruction) and indicating the period of work as a part-time worker.

Example 4

Sample of filling out a work book when transferring a part-time worker to a main employee (based on recommendations given by Rostrud)

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Conclusion

Based on the above explanations from Rostrud specialists, the following conclusions can be drawn:

• part-time work is not a type of contract, but one of its conditions;
• information about part-time work can be entered at the request of the employee at any time and later - by the employer at the place of main work;
• if a part-time worker terminates the employment contract at his main place of work, then the part-time job does not automatically become his main place of work;
• re-registration of labor relations with a part-time worker by transferring him to the main job is contrary to the law;
• labor relations from part-time work to the main job can be formalized by drawing up an agreement to change the terms of the employment contract determined by the parties. However, in this case, it is not clear what entry should be made in the employee’s work book, because this issue is not regulated by law.

As you can see, to draw up a work book, you should either use the recommendations of Rostrud, or re-register the relationship with the employee by terminating the part-time employment contract and concluding a new employment contract at the main place of work. From our point of view, the second option is the most optimal, because only in this case there are no contradictions with the position of the legislation. By the way, sometimes an additional argument in favor of this option is given by Art. 288 of the Labor Code of the Russian Federation, which states that an employment contract concluded for an indefinite period with a person working part-time can be terminated if a person is hired for whom this work will be the main one.

Please note: Rostrud, in letters dated October 26, 2007 No. 4365-6-1 and dated October 22, 2007 No. 4299-6-1, recalled that termination of an employment contract for part-time work (for example, by agreement of the parties, by one’s own desire), and then concluding an employment contract with other conditions is possible only with the consent of the employee.

Footnotes

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