1c how to transfer an employee from a part-time job to his main place of work. Three difficult cases of transferring a part-time worker to a main employee

Question:

An employee previously hired for an external part-time job is transferred to the main place of work. How to formalize such a transfer of an employee from an external part-time job in the 1C: Accounting 8 for Kazakhstan program?

Answer:

All personnel changes in accounting in “1C: Accounting 8 for Kazakhstan” are reflected in the personnel documents of the section Personnel accounting.

To complete the transfer, you must complete the following steps:

1) First, a document is created. In the tabular section Employees indicates an employee working part-time.

In the column date of dismissal the date preceding the date of transfer of the employee to the main place of work is indicated. After completing the document, the employee will be considered dismissed from the organization.

Important

When specifying a new employee, you cannot use the previous directory entry Employees, i.e. if a record about an employee who previously worked on an external part-time basis is in the directory, you cannot select this record. You need to create a new directory entry.

New directory entry Employees can be created from a document. When creating a new entry, you must select the command Create a new employee by selecting him from the directory of individuals and follow the hyperlink Open the physical directory. persons to select.

In the directory Individuals the required element is selected, after which all the employee’s data will be automatically filled in for the new record.

In field Type of employment you need to select a value Main place of work and write the element.

After this in the document Recruitment to an organization all are filled in necessary information and the document is carried out.

Read more about methodological issues hiring, registration of part-time work in the article “”.

Issues of personnel transfer are covered in the article "".

Question to the auditor

How to transfer an employee from his main job to a part-time job? For this purpose, is it possible to conclude an additional agreement to the employment contract, according to which, from a certain moment, the employee will be considered not the main one, but a part-time employee?

Part-time work is the performance by an employee of another regular paid job 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). At the same time, labor legislation does not provide for the direct transfer of an employee from his main job to a part-time job with the same employer.

In this regard, we believe that in this situation it is more expedient to formalize such a transfer through dismissal and subsequent hiring as an external part-time worker.

In our opinion, formalizing a “transfer” from main employees to part-time workers by changing the terms of the employment contract (Article 72 of the Labor Code of the Russian Federation), in our opinion, is not entirely correct.

Firstly, part-time work presupposes that the employee has a main place of work (Article 282 of the Labor Code of the Russian Federation). At the same time, in order to get a new main job, he will need to provide, in particular, his work book. And according to the rules, it will be possible to pick it up from the previous employer only on the day of dismissal (Part 4 of Article 84.1 of the Labor Code of the Russian Federation). After all, during the period of validity of the employment contract, it must be with the employer, who is responsible for its safety (clause 45 of the Rules for maintaining and storing work books, approved by Decree of the Government of Russia dated April 16, 2003 No. 225, hereinafter referred to as the Rules).

Secondly, even if you give the employee an original work book so that he provides it at the new main place of work, and at the same time do not terminate the contract with him, but simply make changes to it, then the previous employer will have no reason to certify with a signature and the seal of all entries made in the work book during the employee’s employment. After all, he must take appropriate actions only upon dismissal of an employee (clause 35 of the Rules). Consequently, if the employee does not resign, then the last block of records remains uncertified with a seal and signatures, which does not correspond general rules maintaining work records.

Thirdly, if for some reason the work book issued to the employee after his transfer to a part-time job (not through dismissal) is lost, then the corresponding employee will be held responsible for this executive organizations (clause 45 of the Rules, letter of Rostrud dated March 18, 2008 No. 656-6-0).

So, an attempt to transfer an employee to a part-time position by signing an additional agreement changing the terms of the employment contract will lead to difficulties associated with maintaining work records. Therefore, in order to transfer the main employee to a part-time employee, it is necessary to terminate the contract with him employment contract in the manner provided for in Art. 77, 80 Labor Code of the Russian Federation. And then hire him as a part-time worker by signing a new contract.

For information on the documents required when applying for a part-time job and the procedure for registering a part-time job, see the article in

Dynamics modern world does not allow you to relax, and over time, searching for a job turns into routine. Some spend weeks and months waiting for a suitable vacancy as their main place of work, others try to find one. In both the first and second cases, find acceptable activities with optimal level income is very problematic. Frequent layoffs lead to the fact that part-time work becomes the only place of work, and there may be a need to re-register due to the employee’s desire to work in the company as a primary employee. What should you do when faced with such a situation? In accordance with the law, special conditions for employment are established for part-time workers. For this reason, when transferring an employee, it is worth considering such aspects. They will allow you to process the transfer of a part-time worker to permanent job. Let's consider the main possibilities contained in the legislation.

Methods for transferring a part-time worker

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

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

Registration through dismissal

The main feature of the first method is the termination of the previous employment contract (that is, part-time employment) in order to conclude a new one. It specifies all the requirements that arise with a change of status in the company. The employee and the employer enter into a new permanent relationship, the beginning of which will be considered the date specified in the contract. In order to carry out correctly this procedure, let's look at the process step by step.

The first step is to fire the employee as a part-time employee. The procedure for action in such a situation was described by Rostrud in its Letter No. 4299-6-1 dated October 22, 2007. For this purpose in Labor Code(hereinafter referred to as the Code) there are two options:

by agreement - an agreement is signed with the employee on the upcoming termination of the employment contract in accordance with Articles of the Code 78 and 77 (clause 1 part 1);
By at will– the employee must submit a letter of resignation – Articles of the Code 80 and 77 (clause 3 part 1).

It is definitely worth considering the fact that upon dismissal, the employer is obliged to make all calculations that are established in accordance with the law (Code, Article 84.1). In addition, it is important to calculate and pay compensation for the vacation period that was not used. Only after completing these steps can you begin to implement next step– registration.

Now you need to register the employee in the usual way at the main place of work and continue cooperation in a new capacity.

Applying this method, it will not be superfluous to know some of the features that are inherent in it. Let's look at the two most important points:

vacation experience;
work book (hereinafter referred to as work book).

Regarding the “vacation” period, it is worth noting that it will be calculated from the moment the employee is accepted to the main place of work (from the date of signing the new employment contract). The labor situation is as follows. If there is no mark about part-time employment, then there is no need to make an entry about dismissal. After marking your dismissal from your previous main job, you just need to enter information about the new one. If there is a record of part-time work in the employment record, then after the information about dismissal from the previous main job, the following should be entered:

column three – abbreviated and full name of the organization;
column one - you must indicate in it serial number the entry that is made;
column two - the date of dismissal from part-time work is indicated opposite the entry number;
column three - the reason for the dismissal is placed opposite the date, it is also necessary to indicate the relevant article (including part and paragraph) of the Code;
Column four is for information about the order; you need to write the word “Order” and the corresponding number and date of the document confirming the dismissal.

These records are certified by the company employee who is responsible for preparing work books, or individual entrepreneur(employer). The employee does not have to sign. After this, you can enter information regarding hiring.

Translation by drawing up an additional agreement to the main agreement

The second method, which can be used when transferring a part-time worker to a permanent job, involves concluding an additional agreement to current agreement. When using the presented option, you should do the same as in the first case, that is, adhere to a certain sequence of actions. The registration process begins with the employee providing a list of papers specified in the Code (Articles 65 and 66 paragraph 3). It includes:

labor;
information about wages for the current and two previous years (certificate of salary amount), the need for it may arise when calculating benefits - maternity or child benefits - if the employee wants to account for the corresponding payments from the previous employer;
2-NDFL (certificate) for the current year, which must be from the previous place of work, as well as documents confirming the right to any deductions for personal income tax ( specified documents provided if the employee expects to receive appropriate deductions);

The next stage is concluding an agreement. In accordance with the opinion of Rostrud, which was set out in Letter No. 4299-6-1 dated October 22, 2007 and with the Code, Article 72, the document should indicate that:

starting from the day included in the agreement, the work is considered the main one;
the terms of the contract for part-time work are declared invalid from the specified date;
changes are made to the contract that correspond to the fact of the transition to the main place of work (daily hours, duration of work, wages, etc.).

It is also important to indicate the effective date of the signed agreement. This date will be considered the start date of work at the main place. After completing the agreement, an Order must be issued. The fact of the employee’s transfer to the main place is recorded in any form. The entry on your personal card (Form N T-2) is also important. It indicates the re-registration of the employee. This is implemented by making a mark in the “Type of work” column (can be next to it) with the following content: “from ... (the day the agreement is signed) the work is the main one.”

The employee must confirm that he has read these changes with his signature. Now it is important to reflect the transition to the main place in the workforce. Here you need to consider whether there is a record of part-time work made by the previous employer (at the main place). If there is no such mark, then according to the explanations of Rostrud from the Letter of October 22, 2007 number 4299-6-1, it is recommended to act as follows. The following data is entered into the “Job Information” section:

column two – start date of part-time work;
column three – a note about the position or profession for which the employee was hired, period (“Hired for the position _______, from ___ to ___ part-time work”);
column four – number and date of the issued Order.

If there is a mark on part-time work, the following data is recorded in this section:

column two – the employee’s start date of work at the main place (it is indicated in the agreement);
column three - a note indicating that the specified part-time job has become the main place of work, date:
Column four - number and date of the Order on registration of the employee for the main job.

After carrying out the described manipulations, you can begin interaction with the employee on new terms. When drawing up an agreement, it is important to include in it the main points that are required by law. From the date fixed upon signing the agreement, new status(type of work) will be considered valid. When re-registering, the second method is the easiest. The process is much simpler and takes less time.

In addition, the employer does not need to calculate vacation pay that was not used (“dismissal pay”). For the employee, it will be important that when re-registering using the second method, the vacation period is not interrupted. This allows you to avoid waiting six months after being hired to receive the legal right to rest. Simplicity and convenience allow for a short time resolve the issue of transferring a part-time worker to a permanent job. In the process of searching for the most profitable job, people try many options. Part-time activities cease to be Lately something unusual. More and more people want to change not only their lives, but also their level of income. Correct design each stage of activity will allow you to feel confident in the process of communicating with the employer.

Expert opinion

Maria Bogdanova

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

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

In the process of searching for the most profitable job, people try many options. Part-time activities have ceased to be something unusual lately. More and more people want to change not only their lives, but also their income levels. Proper execution of each stage of the activity will allow you to feel confident in the process of communicating with the employer.

Transfer of the General Director

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

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, from the point of view of the law, register for a part-time position, personnel employees must be guided by the approved procedure and comply with all the requirements of the provisions of labor legislation:

Articles 286, 228, 127 – contain the rules for conclusion and termination 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:

The exact name of the department and position in which the employee intends to continue working.
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 his main place, the citizen deposited his labor employer, and part-time work on the basis of an additional agreement no longer requires this.

Combination presupposes the possibility of implementing labor activity in another enterprise as the main place of work, which entails the need to transfer the book to the personnel department 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 requirements of the Labor Code for the dismissal procedure: with the issuance of a work permit and making 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 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:

Drawing up and submission by the employee of a resignation letter at the main place of work.
Coordinating it with management.
Preparation of an order to terminate an employment contract.
In the personnel service, the employee makes a corresponding entry in the labor record.
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

Next 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:

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).
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 department and accounting, correlating their actions with the provisions of Article 84.1 of the Labor Code).
An employee re-registered as a part-time worker receives wages on the fact of worked and unpaid working outputs, unused next vacation, and in case of dismissal by agreement - another compensation payment agreed upon with management.
The personnel service records the employee’s dismissal in the labor record, and also issues all the papers accompanying the procedure.
Only after the termination 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.

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

Internal and external part-time work: main issues

Part-time work can be external, when the employee’s main place is in another company, or internal, when the employee is employed in the organization both at his main place and part-time.

In case of part-time work, it is necessary to conclude a second employment contract, and work under such a contract must be performed in free time from the main job. In other words, for example, an employee works from 9 a.m. to 6 p.m. under the main contract and from 6 p.m. to 8 p.m. on a part-time basis.

External part-time worker becomes the main employee

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

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

How to register an external part-time worker for a permanent job

In practice, there are two options for transferring an external part-time worker to the main place of work: through dismissal and hiring and through the conclusion of an additional agreement to the employment contract. Each of the two options has its pros and cons, and the best option will determine exactly the option that is convenient for a particular company in specific circumstances. Labor legislation does not establish rules for such a transfer; regulatory authorities allow the legality of both options (see Letter of Rostrud dated October 22, 2007 No. 4299-6-1).

Option one: transfer of an external part-time worker to the main place of work

The first option is convenient because there is no need to fire an external part-time worker and, accordingly, make the final payment. The employee does not receive compensation for unused vacation (and, accordingly, does not lose the right to “take off” earned vacation). In addition, during the “transition” it will not be possible to install probation, since there is no hiring and signing of a new employment contract.

The procedure looks like this:

Signing an amendment to the employment contract, which records all changes in conditions: first of all, an indication that the work is the main one, as well as, for example, the working hours.
An order is issued (in free form) stating that from a certain date the work is the main one for the employee.
Entries are made in the employee’s work book:

if there was no entry in the part-time worker’s work book about part-time employment (and such an entry is made only by the company at the main place of work and only on the initiative of the employee himself), then such an entry should be made after the entry about dismissal from the main place of work. The period of work as a part-time worker is indicated based on the order issued at the time of hiring;
if there is an entry in the work book about external part-time work, then the next entry must be made stating that from a certain date the job became the main one (based on the order for transfer to the main job).

Transfer of a part-time worker to the main place of work in the order of “dismissal and hiring”

In this case, first of all, the employment contract with the employee must be terminated either on general grounds (at the request of the employee himself, by agreement of the parties), or on a special basis that exists for part-time workers (Article 288 of the Labor Code of the Russian Federation - in connection with the hiring of the main employee).

The procedure looks like this:

A dismissal order is issued.
A record of dismissal is made in the employee’s work book.
A new employment contract is signed (with the condition that the work is the main one).
An order for admission is issued.
A record of hiring is made in the work book.