“Fish looks for where it is deeper, but man looks for where it is better” - this common proverb perfectly characterizes the desire of any person to provide himself with comfortable living conditions. Having a good, or better yet a loved, job plays an important, if not the main, role in this endeavor. Nevertheless, it happens that, as they say, an offer comes in that cannot be refused. But what to do if there are reasons why a person cannot or does not want to finally part with his previous place of service? A completely reasonable solution is to transfer to a part-time job from the main place of work.
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.
general information
Part-time work assumes that a person who has a main place of employment (say, in company A) enters into another employment contract with company B. At the same time, he can perform job duties for company B only at the time when he is free from them in company A The contract must contain a clause that reflects this requirement.
It is also possible to transfer from the main place of work to part-time jobs within the same company.
Features of part-time employment
In accordance with the law, the working hours of a part-time worker are no more than 4 hours a day. However, if a person works on days free from his main job, his working day can last the usual 8 hours. These restrictions do not apply when, at the main place of employment:
- payment of wages was delayed for more than 15 days, and the employee suspended work, notifying the employer in writing;
- the employee was temporarily suspended from official duties because, due to medical conditions, he required a transfer to another job, which he refused or was unable to carry out because there was no suitable vacancy.
The procedure for remuneration of a part-time worker is determined by the contract. Possible options:
- Proportional to time worked.
- Based on the results of the work done: if time-based payment is provided - for the number of hours worked, if each completed task/project is paid - for the total volume of completed tasks.
When working part-time, annual paid leave is provided. Moreover, it is provided simultaneously with leave from the main place of employment.
It is impossible not to mention the peculiarities regarding the termination of an employment contract. Of course, it can be terminated in the standard manner due to circumstances established by law: expiration of the term, at the initiative of one of the parties, agreement of the parties, and so on.
However, the employer has the right to initiate termination of the contract with a part-time employee if he hires a specialist for whom it will become the main one. The employer must notify of its intention at least two weeks before the date of termination of the contract.
In addition, we note that two similar concepts, as it may seem, should not be confused: combination and part-time work. The first, unlike the second, involves the simultaneous performance of work duties provided for by different positions (for example, combining the positions of a sales specialist and a business analyst) during the working day.
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.
Is there a probationary period?
The management of the organization can assign a probationary period for an external part-time worker to check his professional qualities (Article 70 of the Labor Code of the Russian Federation).
Reference! The duration of this period is established by management (prescribed in the employment contract), but if the part-time job is signed for a period not exceeding two months, then the probationary period is illegal.
We invite you to read articles by our experts on the nuances of hiring people with disabilities, pregnant women, foreigners and temporary employees.
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.
Filling rules
When management begins to enter specific data, you need to be guided by the following legislative framework of the country, which includes two acts:
- on how to properly maintain and store work books - these are the “Rules” dated April 16, 2003 No. 225;.
- This is “Instruction” dated October 10, 2003 No. 69, on how to draw up this type of document.
So, the following rules for correct filling are:
- all information data is entered only by order or instruction of the employer. This is done in one week, and the only exception is in case of dismissal. Then the information is entered on the same day;
- each entered data must correspond to the written text, which is compiled in the order or regulation;
- digital entries are made only in Arabic characters (when writing the day, month, year); it is prohibited to shorten any information that is recorded in the document;
- each entry is made in the corresponding language of the country - in our case - Russian;
- the worker must be informed about what and when entries were made by the employer in his documentation. This is done directly under the signature on his personal work card. Its form was approved by the State Statistics Committee of Russia dated January 5, 2004 No. 1.
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:
- 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 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.
Is it necessary to write
The Labor Code does not specify an application as a mandatory document when applying for employment. In particular, this document is not specified in Art. 283 of the Labor Code of the Russian Federation, which contains a list of documents when registering a part-time job. In practice, it is required for office work, registration of a personal file, and confirmation of the will of a citizen.
Read more: Sample application for employment.
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.
Common mistakes
Important! One of the most common mistakes is when management confuses translation with relocation. Sometimes this is done unintentionally, in other cases - on purpose. All information about this issue is contained in Article 72.1 of the Labor Code of the Russian Federation. The difference is that during the relocation process the worker's consent is not necessary. It can only be implemented within one company. At the same time, the specialization, position and specialty do not change.
In addition, no entry is made about this in the labor report. Part 4 of Article 66 of the Labor Code of the Russian Federation speaks in more detail about whether it is possible to make an entry in the labor record. An important condition is that the new place must be permanent.
It is also important to remember that our legislation is very changeable, and therefore it is important to monitor current changes. Last but not least, this concerns labor relations, incl. and proper maintenance of document flow, entries in the work book and other papers.
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.
Recommendations
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 2021 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.
