How to transfer an employee from 0 5 rate to full time change of position

Transfer procedure

The translation must be carried out in a certain manner, regulated by law or established by local acts of the enterprise (but not contrary to the law). The procedure is not complicated, but, nevertheless, it has some subtleties and features.

First of all (if the transfer proposal comes from the employer), the employee must be notified in writing about the upcoming event two months before its occurrence.

But if the employee gives verbal consent and the relationship between him and the employer is good, this preliminary action can be dispensed with. After this, a number of personnel documents are drawn up:

  1. First, a written statement must be received from the employee - this is the most important document that will indicate that the transfer occurs at his voluntary expression of will.
  2. Then an additional agreement to the employment contract is concluded with him, which specifies the working conditions: the scope and nature of the duties, the date from which he must begin performing them, the length of the working day, etc. intelligence.
  3. You should definitely note the amount and form of payment - this parameter often changes upward when moving to full-time work.
  4. Then the organization, on behalf of the director, issues a corresponding order in any form, with which the employee must be familiarized with signature, after which he can begin working in a new daily routine.

Order form

The main thing is to provide the following information:

  • Name of the employer's organization and its legal form;
  • Order number;
  • The date when the order is drawn up;
  • The city in which the document is drawn up;
  • The title of the document, for example, “Order on the transition of an employee from part-time work to full-time work”;
  • The date when the employee must begin performing work duties under the new conditions;
  • Full name of the employee;
  • Which days will be working days and which days will be weekends;
  • The name of the position in which the specialist will work;
  • Full name and position of the persons responsible for executing the order.

The finished document must be signed by the head of the company. Also, the employee himself must put his signature on it, having previously familiarized himself with it.

Application for transfer to full time.

Other documents during translation

After this, information about the new working conditions is recorded in the employee’s personal card. In the “Type of work” field, you must enter the date from which the specialist will begin working full time.

What is the difference between transfer and relocation of an employee - see here:

What not to do when translating

When transferring, there is no need to conclude a new employment contract with the employee (except for those cases where he previously worked part-time and wants to completely “reset” the documentation).

There is also no need to make any notes in the employee’s personal card or in his work book, or to assign the employee a new personnel number. But as for recording working time, it will need to be done in a new way.

It is strictly unacceptable to transfer an employee to full-time work without his written consent.

Such an approach would be a serious violation of current labor legislation and, if detected, would inevitably lead to punishment from supervisory authorities.

We transfer the employee to full time

By agreement of the parties to the labor relationship, working conditions may change. For example, if the contract initially specified a part-time work schedule, and then either the employer or the employee’s circumstances changed, a transfer to full-time work is possible. How to transfer an employee to full time and who can initiate changes?

Using the correct wording

How to transfer an employee to full time? It is not necessary to terminate the current contract and enter into a new one. The Labor Code of the Russian Federation allows for changes in working conditions, but only by agreement of the parties. Article 72 states that such a change must be made in writing. Thus, it is enough to receive an application from the employee, draw up an additional agreement to the contract and issue an order. Changes must also be made to the personal card, but there is no need to make special entries in the work book.

Concluding a new contract is more rational if the employee previously worked part-time on a part-time basis. In this case, it is better to completely reissue all previously valid personnel documentation in relation to this employee, including the contract. If the employment agreement stipulates in advance when it is transferred from 0.5 to 1 rate, no other administrative documentation is required. But this condition must be clearly stated, indicating specific terms of work in accordance with each mode and schedule of activities for it.

It may also be necessary to transfer an employee to a full working day:

Initiated by employer and employee

The initiative can come from both the employee and the employer. In the first case, a written application from the employee to the enterprise administration is initially drawn up, then an additional agreement is concluded describing the new working conditions and an order is issued. Of course, only if the employer agrees with such changes.

An order to change the rate can also be issued as a result of the initiative of the enterprise administration (the procedure is similar to that given). However, if the employee’s consent is not obtained, it will not be possible to transfer him to a full working day. Then it becomes possible to dismiss such an employee under clause 7 of Art. 77 of the Labor Code of the Russian Federation due to his disagreement with the changed operating conditions. In this case, it is necessary to warn him two months in advance in accordance with the rules described in Art. 74 Labor Code of the Russian Federation. If a written refusal follows, the employee may be dismissed.

The additional agreement must not only indicate that the operating mode is changing, but also list specific indicators: working hours, lunch break time, wages.

Full-time transfer: order (sample)

Sample order for transfer to full-time work

Part-time work may be established for various reasons. Either an individual employee or several employees can be transferred to it. In this mode, workers perform their work in less time than workers performing work in normal mode. Upon termination of the circumstances due to which the part-time working regime was established, a return transfer to full-time work is made. The order, a sample of which is given below, was drawn up for cases of such a transfer at the request of an employee.

Transfer of an individual employee to part-time work

The rules for such a transfer are provided for in Article 93 of the Labor Code of the Russian Federation. According to its provisions, part-time working hours can be established with the consent of the parties. The parties can reach this agreement both at the initial conclusion of the employment contract and after the employee has already started work.

If an agreement on part-time work is made upon hiring, then the working conditions must be included in the employment contract, since they will differ from normal working conditions in the company.

If the employee was first hired full-time, and then for some reason he was transferred to part-time, then such an agreement must be formalized by an additional agreement.

Part-time working hours can be expressed as:

  • in reducing the working day;
  • in reducing working days.
  • At the same time, labor legislation does not prohibit the reduction of both at the same time. That is, an employee can be given both a shortened day and a shortened workweek if the parties come to such an agreement.

    For example, the normal length of a work day in a company is 8 hours, but an employee is assigned a 6-hour working day. Or the company has introduced a 5-day workday, and the employee is given 4 working days a week.

    Article 93 specifically stipulates cases when an employee has the right to demand part-time work, and the employer is obliged to fulfill this requirement. The legislator included the following requirements in such cases:

  • pregnant employees;
  • employees with a child (under 14 years old) or a disabled child (under 18 years old);
  • an employee caring for a sick family member who needs care according to a medical report;
  • employees caring for a child under 3 years of age.
  • When these circumstances change, at the request of the employee, the employer issues an order to transfer to full-time work.

    order for transfer to full-time work

    Transfer of company employees to part-time work

    The Labor Code provides provisions allowing the employer to introduce part-time work for a number of company employees. This provision is provided for in Article 74 of the Labor Code of the Russian Federation. It deals with a situation where, due to changes in working conditions (organizational or technological, for example, robotization of production or crisis phenomena), there is a threat of dismissal of a large number of company employees. In this case, transferring employees to part-time work may be the best way out of the situation, allowing both to take into account the interests of the employer and to preserve jobs in the company.

    This measure is quite drastic, so the law contains a number of conditions for its application:

  • the introduction of this regime is allowed for no more than 6 months;
  • the decision must be made taking into account the opinion of the relevant trade union organization;
  • in accordance with the Law “On Employment” of April 19, 1991 (Article 25), this must be reported to the employment authorities.
  • Sample order for transfer to full-time work

    Depending on production needs, an enterprise can set a full or part-time working day, as well as change the number of working days in a week. Such changes can be introduced for all personnel and for one or more employees if circumstances so require. Let's take a closer look at a sample order for transfer to full-time work. How to draw up such a document correctly to avoid claims?

    Transfer of individual employees to part-time work

    Labor legislation provides for the possibility of reducing working hours for one or more employees (Article 93 of the Labor Code of the Russian Federation). The employer and employee must come to an agreement, and this can be done both during employment and after signing the contract.

    In the first case, special working conditions are immediately included in the employment contract. They will differ from the standard conditions established by the rules of the organization. If at first the employee was employed on a general basis, and then he needed a reduction in working hours, then an additional agreement must be drawn up.

    There are two possible changes to the employment contract:

    Type of part-time workDescription
    Official transfer of employees to part-time workFor example, if the duration is initially 8 hours, it is reduced to 6 or 4 hours with a reduction in pay.
    Reducing the number of working days in a week.After making changes, the work week can be, for example, 3 or 4 days.

    This article of the Labor Code of the Russian Federation establishes several cases in which the employer is obliged to accommodate employees halfway and reduce working hours. This applies to pregnant employees and those caring for children under the age of three, single parents (if the child is under 14 years old). The rule also applies to those who care for disabled people, as confirmed by a medical document. The employer must reduce working hours by law; the parties must come to an agreement.

    In these cases, the transfer is considered temporary. If family circumstances change and a reduction in working hours is no longer necessary, the employer must issue an order to transfer to full-time work, after which the standard level of wages is restored.

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