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An employee switched from a part-time job to a permanent job. From part-time workers to main employees and vice versa

"Salary", 2010, N 4

The editors of the magazine "Salary" received a letter with the following content:

"I am faced with a difficult situation. The employee works at Vasilek LLC (main place of work) and at Romashka LLC (external part-time job) as a chief accountant. It is necessary that work at Romashka LLC become the main place of work, and at Vasilek LLC " - a part-time place of work.

Please tell me what documents need to be prepared for this and how. Is it possible to dismiss an employee with her consent from Vasilek LLC in connection with a transfer to Romashka LLC? If so, will her personnel number change? Is it necessary to conclude a new employment contract or is an additional agreement sufficient? What entries should be made in the work book? Is it possible to take into account accruals in favor of an external part-time worker when calculating benefits, vacation pay, etc. from the moment when part-time work became the employee’s main place of work (the position has not changed)?”

M. Bashtakovskaya, accountant

What is part-time work?

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 (Article 282 of the Labor Code of the Russian Federation).

From main workers to part-time workers

First, let's look at how an employee of Vasilek LLC can become a part-time worker from the main employee.

First, the employee needs to terminate the employment contract with Vasilek LLC, that is, resign from this organization. The grounds for dismissal may be different: at will, in connection with a transfer to another employer, or by agreement of the parties. To indicate a desire to terminate an employment contract, an employee must write a statement indicating the reason for dismissal.

Based on the application, the employer issues an order to terminate the employment contract. On the last day of work, the employee is paid wages for the time worked, compensation for unused vacation, and other payments due upon dismissal and an entry is made in the work book. Now she can get a main job at Romashka LLC, and a part-time job at Vasilek LLC.

To be hired at Vasilek LLC (for the same position, but part-time), the employee must write an application, and the employer must conclude an employment contract with her and issue an order for employment. Please note: the employment contract must indicate that the job is part-time (Article 282 of the Labor Code of the Russian Federation).

After drawing up an employment contract, the employee is assigned a new personnel number. Annual paid leave for part-time workers is provided simultaneously with leave for their main job. If a part-time worker has not worked for six months, leave is provided in advance (Article 286 of the Labor Code of the Russian Federation). The period when a part-time worker worked in the same organization, but as the main employee, is not taken into account when calculating average earnings.

From part-time workers to main employees

Now let’s look at how to formalize the transition of an employee of Romashka LLC from part-time to main employee.

First, the employee’s employment contract must be terminated and the amounts due must be paid. Let us remind you that, like main employees, part-time workers have the right to receive compensation for unused vacation (Articles 287 and 127 of the Labor Code of the Russian Federation).

Then the employee must write an application for employment (for the same position, but at the main place of work), and the employer, Romashka LLC, after concluding an employment contract, must draw up an order for employment.

As in the previous case, after drawing up an employment contract, the employee is assigned a new personnel number. She has the right to another vacation only after six months (unless otherwise specified in the employment contract). The period of work as an external part-time worker is not taken into account when calculating average earnings.

General rules for making entries in the work book about part-time work

A record of part-time work is entered into the work book at the request of the employee at the place of main work if there is a document confirming part-time work. This is stated in Part 5 of Art. 66 of the Labor Code of the Russian Federation, clause 20 of the Rules for maintaining and storing work books, producing work book forms and providing them to employers, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225, and clause 3.1 of the Instructions for filling out work books, which was approved by the Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69.

In accordance with clause 3.1 of the Instructions:

  • in column 1 of the “Work Information” section of the work book, the serial number of the entry is entered;
  • Column 2 indicates the date of employment as a part-time worker (and not the date of entry);
  • 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.

For reference. According to the explanations of Rostrud, given in Letter dated 04/07/2008 N 838-6-1, the main place of work should be one. Hiring to the main job without dismissal from the previous place of work, which is the main one for the employee, is not provided for by law.

A record of dismissal from this job is made in the same manner. If an employee resigns from the place of work where he works as an internal part-time worker, but continues to work at his main place of work, only a record of dismissal from the part-time job is made in the work book. There is no need to certify such a record with the seal and signature of the responsible person.

Features of applying for a part-time job

When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or professional training or their duly certified copies. If an employee gets a hard job, work with harmful and (or) dangerous working conditions, he must provide the employer with a certificate about the nature and working conditions at the main place of work. If the main job is associated with the same conditions, part-time work is not allowed (Articles 282 and 283 of the Labor Code of the Russian Federation).

E.I. Pavlova

Supervisor

Legal services groups

Intercomp Global Services

Yu.A. Nikerova

Senior Scientific Editor

magazine "Salary"

T.A.Averina

Chief Editor

magazine "Salary"

The main service is the source of income to which everyone devotes most of their professional time. At the same time, to improve their well-being, many take on additional work. Moreover, there are both internal part-time jobs, when the employee gets a part-time job at the place of his main job, and external ones, when the second position is in another company. Each of the categories has its own characteristics, including the registration of sick leave, vacation, as well as the conditions under which a transfer from one type of labor relationship to another is possible. These issues will be covered in this article.

Sick leave at the main place of work and part-time work

At the enterprise, employees are required to make payments when provided with sick leave. Their size depends on the length of insurance coverage, during which you can receive 100% of your salary. To do this, you must have more than 8 years of experience. When the insured person pays contributions for 5-8 years, he is paid 80%, and if the service is less than 5 years, compensation will be 60%. Calculation of sick leave is carried out by calculating the percentage based on length of service from the employee’s average earnings.

Part-time workers are also entitled to sick pay, but only on the condition that the hiring for an additional vacancy was carried out with the signing of an employment contract. This condition is mandatory, since only then the employer makes the necessary regular contributions for health insurance.

According to the Labor Code, receiving sick pay for both positions is possible only when the employee has worked in both positions on a permanent basis for more than two years. If the work experience is shorter, then he has the right to count on receiving payment from only one worker’s enterprise.

Leave at the main place of work and part-time work

Leave from the main place of work and part-time leave are paid and calculated on the basis. This article also answers whether part-time leave and leave at the main place of work should coincide. The employer is obliged to allow an employee to take leave in both positions at the same time. If the leave for additional work activity is shorter, then you need to fill out an application at your own expense. The employer cannot deny such a right. There is a situation where a part-time worker has not yet worked the allotted time for granting him leave. Then they can provide it to him in advance, while making full payment.

Transfer from part-time job to main place of work - how to register

The transfer of an employee to the main place of work from a part-time job has some difficulties in registration. It will be easier to fire an employee and then draw up a new work contract. However, because of this, the employee loses certain benefits, as well as the right to a guaranteed vacation period. Therefore, translation often takes place.

How to transfer an employee from a part-time job to his main place of work? First of all, you need to understand what kind of part-time job is being considered - external or within the same company. In the case of an external one, the first step is to formalize dismissal from the main professional activity. On the additional one, it is necessary to draw up an application for transfer, after which an additional agreement is drawn up, and then an order is issued. If the employee is an internal part-time worker, then there are two possible ways to transfer him:

  • The contracts for both positions are terminated, and then a new one must be drawn up;
  • The agreement is canceled only for the main position, and for part-time positions, an additional agreement is reissued, which notes the revised terms of the previous agreement.

The first option always has a negative reaction among employees, since they lose vacation days and may receive a probationary period.

Application for transfer to the main place of work from a part-time job - sample

The application for transfer must be completed in a free format, since the law does not establish a unified format. It should contain the following:

  • Full name and position of the subordinate and employer;
  • Document's name;
  • Please transfer from a specific date;
  • Date and signature.

This application must be approved by the manager, after which subsequent actions must be carried out in accordance with legal regulations.

Order for transfer from part-time job to main place of work - sample

After writing the application, you need to review the contents of the employment contract, and then issue a transfer order. The regulation of professional relations in this way provides for a unified form of order T-1. Its sample contains the following information:

  • Date and order number;
  • Information about the need to transfer an employee from a certain date;
  • Reasons for transfer;
  • Date and signature.

The document is mandatory, therefore, in order to carry out this procedure according to the law, you must adhere to the basic rules.

Transfer from a part-time job to the main place of work - entry into the labor record

Information about part-time work is entered into the work book at the place of main work. If the positions are held at the same enterprise, the entry in the labor record is based on a change in working conditions, which is recorded along with the date, as well as the order number. If a part-time worker works for another company, you must first terminate the employment relationship at your main job. Here, the entry in the work book will contain information about the dismissal, then information about the transfer.

Thus, these working conditions have a certain relationship. If necessary, it is possible to carry out a transfer in which a part-time worker can re-register this position as the main one.

On September 14, an employee was hired as a part-time employee for the position of system administrator from 06/31/2016 05/04/2016 19:10:28, on September 14, 05/04/2016 he was transferred by one order on the form to the position of head of a department at a permanent place of work. 19:11 :23, September 14. How to make an entry in the work book if an entry about part-time work was not made in the work book. 19:11:54, September 14. How to reflect both the transfer and the main place of work and the previous part-time job?

Answer

Answer to the question:

As we understand, the transfer from a part-time job to the main place of work was formalized through the conclusion of an additional agreement to the employment contract.

In the additional agreement to the employment contract, it is necessary to specify all the changed conditions that the work becomes the main one for the employee, about changing the rate of pay, about changing the position, change the conditions about the payment and working hours of the employee who becomes the main one. Next, issue an order in any form and also reflect this information in it. Moreover, if an entry about part-time work was not made in the employee’s work book, then in column 3 of the section “Information about work” it is necessary to indicate: “Hired by (name of position and, if necessary, structural unit) from (start date of part-time work). From (start date of part-time work) to (end date of part-time work) he performed his labor function as a part-time worker.” As the basis for making an entry in column 4 of the same section, indicate the details of the order for hiring part-time work.

If an entry about part-time work was not made in the employee’s work book, then you need to indicate in column 3 of the “Information about work” section: “Hired by (name of position and, if necessary, structural unit) from (start date of part-time work). From (start date of part-time work) to (end date of part-time work) he performed his labor function as a part-time worker.” As the basis for making an entry in column 4 of the same section, indicate the details of the order for hiring part-time work. See the text below for a sample.

Sample of an entry in a work book

EMPLOYMENT HISTORY

Job details


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 year
1 2 3 4
Open Joint Stock Company "Production Company "Master"" (OJSC "Production Company "Master""
1 23 05 2006 Hired in the administrative department as a courier Order No. 42-ok dated May 23, 2006
2 31 03 2013

The employment contract was terminated on the initiative
employee, paragraph 3 of part 1 of article 77 of the Labor Code of the Russian Federation

Supervisor
HR Department E.E. Gromova

Worker

Order No. 14-k dated March 31, 2013
Closed Joint Stock Company "Alfa" (CJSC "Alfa")
3 05 04 2013 Recruited to the administrative department as department head Order dated 04/05/2013 No. 48-ok
From September 26, 2012 to April 4, 2013, he performed the labor function of a system administrator as a part-time worker Order No. 10-k dated September 26, 2012

Details in the materials of the Personnel System:

1.Answer: How to formalize the transition of an employee from a part-time job to his main job within one organization. Part-time employee becomes the main employee

I.I. Shklovets

The transition of an employee from a part-time job to his main job within one organization can be formalized in two ways.

First way. Formalize the transition through dismissal and hiring a new job. To do this, first formalize the dismissal from a part-time job, and then hire this employee to the main place of work. In this case, the part-time worker must also resign from his previous main place of work. The legitimacy of this order is explained as follows.

With this method of registering an employee’s transition from a part-time job to his main job, the process is interrupted. In this case, the employee receives. This method of re-registration of labor relations makes it possible, if necessary.

Second way. Another option for an employee to transfer from a part-time job to his main job is to enter into an employment contract to amend the terms of the contract (). In it, indicate that the work becomes the main one for the employee, change the terms of payment and working hours of the employee who becomes the main one. Next, issue an order and also reflect this information in it. This conclusion follows from the articles of the Labor Code of the Russian Federation.

Moreover, if a record of part-time work was not made for the employee, then in column 3 of the section “Information about work” it is necessary to indicate: “Hired by (name of position and, if necessary, structural unit) from (start date of part-time work). From (start date of part-time work) to (end date of part-time work) he performed his labor function as a part-time worker.” As a basis for making an entry in column 4 of the same section, indicate the details of orders for admission to the main job and part-time work.

If the employee has a record of part-time work (made at the time at the main place of work), then after the record of dismissal from the main place of work, you must indicate the full and abbreviated (if any) name of the organization. In column 3 of the next line of the section, make an entry with the following content: “Work in the position (position name) becomes the main one from (date of the employee’s transition from part-time work to the main job).” In column 4 of the same line, enter the details of the corresponding order (instruction).

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 work, 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.

The transfer of an external part-time worker to the main place of work is carried out by agreement of the parties. Such employment is always accompanied by the dismissal of the part-time worker from the previous main place of work. Let's consider the options and procedure for such a translation.

Employment of an external part-time worker at the main place of work

The legislation does not provide clear answers about the procedure for such employment. Such legal relations do not fall under the very concept of translation, because according to Art. 72.1 of the Labor Code of the Russian Federation the following amendment applies to it:

  • labor function of the employee;
  • department or other unit in which he worked;
  • areas where work activities take place.

Therefore, the use of the term “translation” to this change in legal relations is not entirely correct.

Usually there are 2 options for action in such a situation:

1. Drawing up an additional agreement to an existing contract, in which the conditions for external part-time work are changed to the conditions for the main job.

2. Dismissal of an external part-time worker with his subsequent employment at the main place of work.

There may be problems with the first option, since the legislation does not clearly regulate such legal relations. In particular, questions may arise about the preparation of the entry in the work book provided for by the relevant standards, etc.

The second option seems to be the most suitable in this situation, since it has a clear legislative basis and is easily documented. But the right to choose remains with the parties to labor relations. Therefore, next we will consider the details of using both options for transferring an external part-time worker to the main place of work.

We recommend that you familiarize yourself with the documentary support for employment in the article “How is hiring an employee formalized?” .

Drawing up an additional agreement

To document the relevant changes in the legal relationship between the employee and the employer, the following steps should be taken:

1. The parties draw up and sign an agreement on amendments to the employment contract with the employee, which specifies the following:

  • the employee’s main job;
  • effective date of the changes;
  • certain provisions that previously applied to part-time work have become invalid;
  • other provisions related to the regulation of the employee’s labor at the main place of work.

2. The employee must hand over to the employer a work book with a record of dismissal from the previous place of main work.

3. The employer needs to issue an order that the employee is hired for the main job and the external part-time job is terminated.

These 3 steps are basic. Additional actions will be:

  • making a corresponding entry in the employee’s personal card and familiarizing him with it against his signature;
  • making an entry about employment in the work book.

The specific entry in the work book depends on whether the previous employer indicated information about part-time work. Depending on this, the following options are possible:

  • in the absence of the specified entry, an employment record must be made from the date of commencement of the main job with the new employer;
  • if the specified entry is available, an entry should be made stating that as of a certain date, the work became the main one for the part-time employee.

The indicated options were proposed by Rostrud in a letter dated October 22, 2007 No. 4299-6-1.

Dismissal of a part-time worker with subsequent employment

To apply this method, the employee must first be fired. To do this, it is advisable to use one of two methods of dismissal:

  • By agreement of the parties (Article 78 of the Labor Code of the Russian Federation). As follows from this norm, this basis can be applied at any time with the consent of the employer and employee.
  • According to the employee’s statement that he has a desire to quit (Article 80 of the Labor Code of the Russian Federation).

The procedure for applying these grounds is usual. In other words, the fact that a part-time worker will be transferred to the main job through such dismissal does not affect the dismissal procedure.

Then, an employment contract for work at the main place is drawn up, signed and comes into force between the employer and the employee. The next step is to issue an order on the employment of the employee. Based on this order, an entry is made into the work book about hiring.

We will look at the employment procedure in more detail in the next subsection. Regarding the issue of dismissal, it is important to know the following.

The length of service giving the right to leave at the main job will not depend on the length of service of the part-time worker before dismissal. Therefore, upon dismissal, you should fully settle accounts with the employee on this issue, and, if necessary, pay him compensation for unused vacation.

If the work book does not contain information about part-time work, then an entry about the dismissal of a part-time employee should not be made in it. If there was such a record, then the document must include information about the dismissal of the part-time employee.

Employment procedure for a dismissed part-time worker

When concluding an employment contract, an employee applying for a primary job must present:

  • ID card (passport);
  • work book;
  • insurance certificate OPS and other documents provided for in Part 1 of Art. 65 Labor Code of the Russian Federation.

Before signing an employment contract, a new employee at his main place of work must be familiarized with the documentation regulating his work activity (Part 3 of Article 68 of the Labor Code of the Russian Federation). In particular, you need to familiarize yourself with:

  • with internal labor regulations;
  • the procedure governing the use of personal data;
  • regulations on remuneration (if any);
  • documentation on labor protection;
  • job description, etc.

It is important that the employment contract is signed after reading these documents, and not before.

The employment contract itself must be drawn up in writing in 2 copies. One signed copy will remain with the employer, the other will be given to the employee.

Employment at the main place of work can be formalized under either a fixed-term or an open-ended contract. As a general rule, an open-ended contract is concluded.

If the contract is fixed-term, then when concluding it all conditions and formalities provided for in Art. 58 and 59 of the Labor Code of the Russian Federation. It is important to know that the conclusion of such an agreement in cases not specified in Art. 59, prohibited.

Employment must be accompanied by the publication of a corresponding written order from the employer, which the employee familiarizes himself with under his signature.

Entry in the work book

Making an entry in the work book is a mandatory stage in an employee’s employment, which cannot be ignored or left “for later.”

The corresponding entry is made in the “Work Information” section of the work book. When filling out this document, the following order must be observed:

  • in gr. 1 enter the serial number of the entry;
  • in gr. 2 digits indicate the date of employment, for example: “11/30/2017”;
  • in gr. 3 reflects the name of the organization (full and abbreviated, if any), as well as records about the structural unit and job title;
  • in gr. 4 reflects the details of the employment order.

After completing these records, the employer should familiarize the employee with them, recording this fact in the work book and in the personal card in form No. T-2.

IMPORTANT! The employer, in accordance with the law, is responsible for the correctness and timeliness of registration of work books. A violation in this area may become the basis for liability under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation.

We recommend that you familiarize yourself with the innovations in this area in the article "Electronic work books - all the pros and cons".

Results

It is not entirely correct to call the employment of an external part-time worker at the main place of work a transfer, since the concept of transfer in the Labor Code of the Russian Federation is given a slightly different meaning.

There are 2 ways to register. The first is accompanied by the conclusion of an additional agreement, according to which the conditions on external part-time work lose force, and the conditions on the main job, on the contrary, enter into it. The second option is accompanied by the dismissal of the part-time worker and his subsequent employment in the main job.

Both options have their own design subtleties. If in the second case the general procedure for dismissal and hiring is applied, then in the first it is possible to use methods proposed by Rostrud, but not established by law. Therefore, the second option, regulated by the norms of the Labor Code of the Russian Federation, is considered preferable.