We arrange the transition from the main place of work to a part-time job

How to apply for a part-time job

First of all, you need to know that such a thing as a transfer from the main place of work to a part-time job does not exist either in the law or in personnel documents. In the usual sense for employees, a transfer means concluding an additional agreement to the employment contract.

The additional agreement contains information about the position and unit to which the specialist will be transferred, as well as the date from which he begins to perform his official duties. However, in the case of part-time work, everything is not quite the same.

Of course, a representative of the HR department should think about how to transfer from the main place of work to a part-time job. However, it is useful for anyone to know some of the features associated with this process.

First, you need to remember that part-time work presupposes the presence of a main job, which means that the work book must be in a company that is considered the place of main employment. Without it, you simply will not be able to conclude an agreement with the employer.

You can receive a work book with the appropriate marks from the HR department only upon dismissal. Otherwise, this will be a violation of established norms and rules of document flow.

Summarizing what has been said, we can conclude that the employer will not be able, and will not take responsibility, to formalize the transfer of an employee from his main place of work to a part-time job by concluding an additional agreement to the current contract. Therefore, you should understand that you can become a part-time worker only by terminating the contract on the grounds provided by law, and then concluding a new one containing a part-time job clause.

Do I need an entry in the work book?

A very difficult question for a HR specialist is how to transfer an employee from his main place of work to a part-time job. The most logical, correct and legal way is to resort to the “dismissal-reception” procedure. To do this you need:

• receive a corresponding statement from the employee;
• issue an order;
• make a notice of dismissal in the work book;
• prepare and sign a new employment contract on a part-time basis.

Thus, the entry in the employment record when transferring to a part-time position from the main place of work will consist of a notice of dismissal. As a rule, when signing a part-time contract, no entry is made in the work book.

In difficult times of economic instability, many citizens are faced with life realities that necessitate external or internal part-time employment to obtain an additional source of income. There are situations that force an employee to transfer from his main place of work to a part-time job.

This may be due to production nuances associated with a reduction in the volume of work that does not require a full-time employee. The reason for changing the format of labor relations may be the personal circumstances of the employees , as well as if he has found a higher-paying job as his main one.

Application for a part-time job: when to write

HR officers hire part-time workers in the same way as regular employees. The only difference will be the wording in all documentation – “part-time”.

The law does not require you to write a job application. After all, according to Art. 56 of the Labor Code of the Russian Federation, labor relations are based on an employment contract.

However, in practice, personnel officers require an application for admission. They need this document for order in personnel documentation. Therefore, an application for employment is drawn up immediately before concluding a part-time employment contract.

How to transfer an employee to a part-time job from their main place of work

Changing the main to part-time working status of an employee can be done within one business entity or in the form of a transfer to another company. The procedure can be formalized in several ways, each of which requires documentation.

Dismissal

A simple way to transfer an employee is to register him as a part-time employee after preliminary dismissal as a main employee. It is worth noting that part-time work can be arranged only after another workplace is recognized as the main one.

The dismissal procedure is formalized in a standard way and can be initiated either by the personal desire of the employee or by agreement of the parties. It is mandatory for the employee to write a corresponding statement, which is the basis for drawing up administrative documentation on termination of relations with the employee and termination of the employment contract.

When an employee is dismissed, even if relations are restored in a subsequent period as a part-time employee, the employer is obliged to pay compensation for unused vacation. As an alternative, the employee can be offered a rest period before leaving.

This method of transfer has negative aspects for the worker, expressed in the following events:

• when relations are restored as a part-time worker, a probationary period is established, which may be the basis for deprivation of the right to carry out activities in a new status due to non-compliance with qualification requirements;
• vacation registration is possible only six months from the date of new employment.

It should be noted that the efficiency of the event, expressed in the registration of dismissal and hiring in one day, will not interrupt the length of service and will not violate pension rights.

Transfer to part-time work from the main place of work without dismissal

Relief from some duties and assignment of others through a change in the format of labor relations can be achieved through a temporary or permanent transfer. Temporary transfer is carried out only by agreement of the parties. Carrying out the operation is relevant in a situation where the main employee is charged with additional tasks as a part-time worker, during which he will be relieved of the need to perform the main job.

Relations are regulated by administrative documentation, the validity of which cannot exceed one year. This pattern of relationships is possible in the event of a temporary absence from the workplace of an employee whose duties must be performed urgently.

In such a situation, the duration of the order will be determined by the return to work of the replaced employee. If, after the expiration of the agreement, the employee is not provided with the same job, then the temporary transfer agreement loses its relevance and the transfer automatically becomes permanent.

No dismissal

If an employee is relieved of some duties and is charged with performing others, this should be formalized through a permanent or temporary transfer. The latter option can only be carried out by agreement of the parties. The procedure is carried out if the responsibilities of the main employee include additional tasks, for which he is released from his main job and hired to work part-time.

The validity period of such a regime should not exceed one year. This transition without dismissal is possible, for example, if an employee is temporarily absent and another person is required to perform his duties. Then the period is determined in accordance with the return to work of an absent employee, for example, a director. If the previous job was not provided after the transfer expired, then the temporary transfer is automatically changed to permanent.

This is interesting: If you resign at your own request, what payments are due?

Transfer or dismissal, which is better?

The transfer of an employee to a part-time job from his main place of work is not regulated by law. There are no legal provisions that govern such a procedure for changing an employee's employment status. Such activities are carried out on the basis of common sense and independent interpretation of the law in the right direction.

Therefore, the consequences of the procedure may be loss of seniority, which will certainly affect pension provision. This determines the preference of HR specialists to formalize the procedure through dismissal.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

Despite the additional costs of the enterprise for vacation pay, incorrect interpretation of regulations can lead to unpleasant consequences for both parties to the transaction.

Employer Responsibilities

Having figured out how to transfer an employee from his main place of work to a part-time job, and having implemented the event in accordance with the requirements of the Law, the employer must take care of fulfilling its obligations to him. On the day of dismissal, the head of the business entity is obliged to make financial settlements with the employee, involving payment of the due wages and compensation for unused vacation time. It is mandatory to document the procedure, which involves making entries in the employee’s personal card and in his work book, which is handed out.

Part-time workers do not have to fill out work books, since the document is filled out at the main place of work. However, at the request of the employee, the employer is obliged to make an appropriate entry.

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.

Dismissal

Even if a transfer is made from the main place of work to a part-time job, an entry is made into the employment record, compensation must be paid for vacation that was not used. You can also offer the employee to rest for the prescribed amount of time. However, it is important for the employee to understand that this method is by no means the most profitable for him, as it has the following negative consequences:

• when reinstated from the main place of work to a part-time job, a probationary period is established, which may be grounds for dismissal;
• Leave can be taken out again only after six months.

The legislative framework

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 concerning 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.

Transfer of an employee from 1 to 0.5 without dismissal

Good afternoon A problem has arisen: It is necessary to transfer an employee from rate 1 at the main place of work to rate 0.5 at external work without dismissal. The programmer said that in Salary 3.1 the program allows you to do this, unlike the old one. I did. But how can I write this down in my work record?

The combination cannot be external. Apparently you are confusing this with part-time work?

Without dismissal, it is impossible to change the main place of work into a part-time job, because a part-time job cannot arise without the main place of work.

Has the employee found another job?

Then you fire him, he gets hired there, then (possibly on the same day) you hire him for a part-time job. Only the main employer has the right to make an entry in the work book about part-time work, for which the employee there will write an application and bring a certified copy of your order for admission to part-time work.

If an employee does not have another job, there is no way to make his job a “part-time job” for you.

Thank you for the answer.

You cannot change your main job to a part-time job without being fired.

Part-time work cannot occur without the main place of work.

In theory - it seems yes, within the meaning of the term “part-time work”, in practice - no.

This situation is not regulated in any way by law. From the definition of part-time work it follows that the person hired for such a job has another - based job. But at the same time, there are no instructions on what to do if such work still does not exist, who should control it, etc. not in the code. When hiring a part-time employee, we cannot and should not require an employee’s work book or military registration documents. As for liability, no one can punish an employer for having a part-time employee who does not have a main job, unless this reveals an infringement of the employee’s rights, for example, those related to training (Article 287 of the Labor Code of the Russian Federation) . That is, the responsibility will not be the fact of concluding a contract with the condition of part-time work in the absence of a main job, but for specific violations and infringements of the employee’s rights arising from his essentially unreasonable status as a part-time worker. But this, I repeat, is only provided that the main job did not exist at the time of concluding the TD on a part-time basis and the employer knew and had documentary evidence of this fact. The situation is somewhat simpler if we accept a part-time worker for harmful and dangerous work. In this case, we are obliged to request from him a certificate of working conditions at the main place of work (Article 283 of the Labor Code of the Russian Federation). As for the situation when a part-time worker works in an organization and he quits his main job, there is also silence in the code. But there are no grounds for terminating the employment contract with a part-time worker in this situation. This means that if both parties agree to continue the employment relationship, then the status quo is maintained, even if the employer is aware of the absence of the main job.

But this, I repeat, is only provided that the main job did not exist at the time of concluding the contract part-time and the employer knew and had documentary evidence of this fact.

Absolutely right. In the situation described in the TS question, the employer knows EXACTLY that the employee has the main job - HIM. While it exists, part-time work in the same organization can only be internal and only in another staff position. In order for the current job to become an external part-time job, the employee must have another job (or at least he was fired from this one - precisely because the employer cannot check whether a new job has appeared or not).

As for the situation when a part-time worker works in an organization and he quits his main job, there is also silence in the code. But there are no grounds for terminating the employment contract with a part-time worker in this situation. This means that if both parties agree to continue the employment relationship, then the status quo is maintained, even if the employer is aware of the absence of the main job.

That's also absolutely true. But this has nothing to do with the TS situation, since the employee is not a part-time worker.

Hello! Thanks again for your interest in my problem.

The fact is that initially, the employee was registered with us at his main place of work on a full-time basis. But since January of this year, the management decided to transfer him to another organization full-time, leaving us with 0.5 positions without dismissal.

In order to let him go to his main job, I have to make an entry for him in labor 0.5 (as a combination), but it is combined with the main one, but there is no entry for the main place yet. It turns out that I have to give the labor report to another organization so that they can make a record. But my entry is there as the main one. I've been scratching my head since Friday, scouring the entire Internet. As you have already said, there is silence in the legislation.

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And there is only one way out - dismissal.

management decided to transfer him to another organization full-time, leaving us with 0.5 times the salary without dismissal.

It made the wrong decision (in the part “without dismissal”).

In order to let him go to his main job, I have to make an entry for him in the labor record 0.5 (as a combination),

Part-time job. Combination is a completely different matter. And the length of working hours (“rate rate”) is not reflected in the work book in any way.

but they are combined with the main one, but there are no records at the main place yet. It turns out that I have to give the labor report to another organization so that they can make a record.

But my entry is there as the main one.

Therefore, the employee must first be dismissed from you.

I've been scratching my head since Friday, scouring the entire Internet. As you have already said, there is silence in the legislation.

And there is only one way out - dismissal.

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 for an internal job, 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. Coordinating it 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.

Application for part-time admission: sample

The law does not establish a special application form for hiring part-time workers. The form will be the same, only the text of the application will differ.

An application for internal combination, or rather, a sample of it, must contain the required information:

1. On the top right side of the header it says:
   Position and full name of the head of the company.
2. Initials and surname of the candidate for the position.
3. In the middle of the sheet is written the word “Statement”.
4. The actual text of the document. Here is a request for acceptance to a position on an external or internal part-time basis. The rate at which acceptance will be made and from what date is also indicated.
5. Date of application.
6. Signature and transcript.
7. In the upper left corner, the manager must put his visa about accepting the person. He writes “hire from such and such a date”, next to it he puts his signature and a transcript of it. It is the director’s resolution that gives the HR specialist the right to conclude an employment contract and issue an appropriate order.

The sample application for external part-time work will be identical to the document on internal part-time work. The only difference is that the type is indicated in brackets - “part-time (external)”.

A completed application for admission to a part-time job cannot contain clerical errors or corrections, since it is classified as business documentation. Therefore, if an employee made a mistake in the application, it is better to rewrite it.