Electronic Requirements for the payment of taxes and contributions: new rules for referral

Recently, the tax authorities have updated the forms of claims for payment of debts to the budget, incl. on insurance premiums. Now the time has come to correct the procedure for sending such requirements to the TMS.

Pay slips do not need to be printed.

Employers do not have to give employees pay slips on paper. The Ministry of Labor does not prohibit sending them to employees by e-mail.

"Physicist" transferred payment for the goods by bank transfer - you need to issue a check

In the case when an individual transferred to the seller (company or individual entrepreneur) payment for the goods by bank transfer, the seller is obliged to send a cash receipt to the buyer-physicist, the Ministry of Finance believes.

The list and quantity of goods at the time of payment is unknown: how to issue a cash receipt

Name, quantity and price of goods (works, services) - mandatory details of a cash receipt (SRF). However, when receiving an advance payment (advance), it is sometimes impossible to determine the volume and list of goods. The Ministry of Finance told what to do in such a situation.

Medical examination for working at a computer: mandatory or not

Even if an employee is busy working with a PC for at least 50% of the working time, this in itself is not a reason to regularly send him for medical examinations. Everything is decided by the results of certification of his workplace according to working conditions.

Changed operator electronic document management- inform the IFTS

If an organization has abandoned the services of one electronic document management operator and switched to another, it is necessary to send an electronic notification of the recipient of the documents via the TCS to the tax office.

Special regimes will not be fined for fiscal accumulators for 13 months

For organizations and individual entrepreneurs on the simplified tax system, unified agricultural tax, UTII or PSN (with the exception of certain cases), there is a restriction on the allowable validity period of the fiscal drive key of the used CCP. So, they can only use fiscal accumulators for 36 months. But, as it turned out, while this rule does not actually work.

If your part-time worker quit his main job and wants to work for you at his main place of work, and you agree to this, then you can make part-time work your main job in any of two ways.

Method 1. Terminate labor contract part-time and conclude a new employment contract at the main place of work. To do this, you need to act like this.

1. Dismiss the employee as a part-time worker Letter of Rostrud dated 10/22/2007 N 4299-6-1:

- or by agreement of the parties on the basis of an agreement signed with him on termination of the employment contract, clause 1, part 1, art. 77. Art. 78 of the Labor Code of the Russian Federation;

- or by own will on the basis of his statement n. 3 h. 1 Article. 77. Art. 80 of the Labor Code of the Russian Federation.

Sample agreement on termination of an employment contract

Sample letter of resignation from an employee by agreement of the parties

Sample letter of resignation from an employee

Registration of dismissal and all calculations upon dismissal from a part-time job are made with the employee in the usual manner, Art. 84.1 of the Labor Code of the Russian Federation. Including he needs to pay compensation for unused vacation.

2. Arrange for the reception of an employee at the main place of work in the usual manner.

Please note that when using this method:

- the employee's vacation period will begin to be calculated from the day he is hired at the main place of work, art. 122 of the Labor Code of the Russian Federation;

- there are features in the design of the work book.

If it does not contain a record of your part-time job, then there should not be a record of dismissal from part-time work. That is, after the record of dismissal from the previous main job, you need to make a regular record of hiring an employee for the main job in your organization.

If in work book there is a record of your part-time job made by the previous "main" employer, then after the record of dismissal from the previous main place of work in the "Information about work" section, part 5 of Art. 66 of the Labor Code of the Russian Federation, clause 3.1 Instructions for filling out work books:

- in column 3, write the full and abbreviated name of your organization;

- in the line below in column 1, put the serial number of the entry being made;

- in column 2 opposite the entry number, indicate the date of dismissal from part-time work in accordance with the order;

- in column 3 opposite the date of dismissal, indicate the reason for dismissal with reference to the relevant article, part of the article, paragraph of the article of the Labor Code of the Russian Federation;

- in column 4, write the word "Order" and put down the date and number of the dismissal order.

It is not necessary to certify this record with the signature of the employee of the organization responsible for maintaining work books, and with its seal, as well as with the signature of the employee himself. After all, immediately after this entry, you will make an admission record at the main place of work.

Example. Registration of a record of dismissal from a part-time job and admission to the main place of work

Method 2. Amend the employment contract by concluding supplementary agreement to him. If you choose this method, then proceed as follows.

1. The employee must submit to you art. 65. Part 3 of Art. 66 of the Labor Code of the Russian Federation:

- a certificate of the amount of salary for the current year and two previous years. It is needed if the employee wants you to take into account the salary received by him from the previous employer when calculating sickness and child benefits;

- a 2-NDFL certificate for the current year from the previous main place of work and documents confirming the right to personal income tax deductions (for example, birth certificates of children). These documents are required if the employee wants to receive personal income tax deductions.

2. Conclude an additional agreement with the employee on changing the terms of the employment contract, in which Art. 72 of the Labor Code of the Russian Federation, Letter of Rostrud of October 22, 2007 N 4299-6-1:

- indicate that from a specific date the work is the main one, and the condition of the employment contract on part-time employment from the same date is recognized as invalid;

- change the terms of the employment contract, which will change due to the fact that the work will become the main one. In particular, these are the conditions on the mode and duration of working hours, on wages.

Do not forget to indicate in the additional agreement the date from which it comes into force, i.е. date of commencement of work at the main place.

Sample supplementary agreement to an employment contract recognizing part-time work as the main job

3. Issue an order to re-register the employee for the main job. Such an order is drawn up in an arbitrary form.

Sample order recognizing part-time work as the main job

4. Make an entry about the re-registration for the main job in the employee's personal card (form N T-2). To do this, in the table of the header of the card in the column "Type of work" (or next to it), write "since (indicate the date from which the employee began working at your main place) work is the main one." Familiarize the employee with this entry against signature.

5. Make an entry about work in the work book. The execution of such an entry depends on whether the previous "main" employer made an entry in the employee's work book about his work with you part-time.

If there is no entry in the work book about part-time work, then in the section "Information about work" Letter of Rostrud dated 10.22.2007 N 4299-6-1:

- in column 2, indicate the date from which the employee was hired by you;

- in column 3, write the phrase "Employed for the position. (indicate the position or profession of the employee) from. (indicate the start date of part-time work) to. (indicate the last day of part-time work) part-time work";

- in column 4, write the word "Order" and put down the date and number of the order for hiring part-time.

Sample entry on the transition to the main job in the absence of a part-time entry in the work book

If there is an entry in the work book about part-time work, then in the section "Information about work" Letter of Rostrud dated 10.22.2007 N 4299-6-1:

- in column 2, indicate the date from which your work became the main one for the employee. This date is specified in the supplementary agreement to the employment contract;

- in column 3, write the phrase "Part-time work in a position. (indicate the position or profession of the employee) became the main job (indicate the date from which your work became the main one for the employee)";

- in column 4, write the word "Order" and put down the date and number of the order to re-register the employee for the main job.

Sample entry on the transition to the main job if there is a part-time entry in the work book

Method 2 is more convenient because when using it, fewer paperwork is issued, it is not necessary to calculate "dismissal" payments (including compensation for unused vacation), and the employee's vacation experience is not interrupted.

As an external partner:

- grant annual leave? >>>

- pay benefits at the expense of the FSS (sick leave, maternity and others)? >>>

Additionally in Guidebooks ConsultantPlus

Read more about the ways to process the transition of an employee from a part-time job to the main job, as well as their disadvantages and advantages, read in the Human Resources Guide "Changing the terms of an employment contract" >>>

Every day we select important news for the work of an accountant, saving you time.

Is it possible to transfer a part-time worker to the main place of work

Companies are faced with a situation where they need an employee who performs several jobs at the same time. official duties to be transferred to a permanent position.

Therefore, the question arises whether it is possible to transfer a part-time job to the main place of work and is it worth it to terminate the old employment contract and conclude a new one?

An automatic transition from a part-time job to a permanent place of work cannot be made by terminating the contract with the previous employer.

Since the part-time agreement and the employment contract on the main place of work contain different conditions.

Amendments to the contract are possible by agreement of both parties (Article 72 of the Labor Code of the Russian Federation).

To do this, the parties to the agreement must draw up in writing the appropriate additions to the existing agreement.

The new document will serve as confirmation that the work, which was previously an additional income, has become the main place of work for the employee.

Read also: Do they give sick leave for sinusitis

Basic concepts

It occurs when an employee is in an employment relationship with one employer, and in his spare time performs another paid job. These relations are fixed by the corresponding contract.

The document necessarily contains information that additional duties do not relate to the main type of activity (Article 282 of the Labor Code of the Russian Federation).

The worker works for another employer

The employee performs additional duties at the place of main work

The principles of part-time work

The legislation refers to a separate working category of persons who work part-time. A personal book with information about the employment of such an employee is located at the place of main work.

1. A person has a main source of income.
2. An additional agreement is concluded with your own or another employer. It contains the required conditions.
3. A person performs part-time work when he is free from basic labor duties.
4. Additional labor is regularly paid.
5. Information about earnings in addition to the main place of activity is entered in the work book.
6. The re-registration of relations is carried out with the consent of the worker (letter of Rostrud No. 4299-6-1 dated October 22, 2007). It should be noted that this issue is not fully regulated by the current legislation.

Normative base

Chapter 44 of the Labor Code of the Russian Federation is devoted to the regulation of part-time labor.

• what documents will an employee need to apply for a job;
• time spent on work;
• How is this work paid?
• guarantees and compensation.

The conditions set out in the Labor Code apply to everyone who is engaged in part-time work. Because they are given the same status as ordinary workers.

Everyone is equal in the field of wage labor. Therefore, the parties to labor relations are required to conclude an employment contract (Article 282 of the Labor Code of the Russian Federation).

The issue of registration of movements of those who work part-time. current legislation is almost not regulated.

There are also no official explanations from the competent state authorities. Personnel officers have to find a way out of situations on their own.

Incorrect re-registration entails certain legal consequences. In this case, the punishment will affect not only the head of the organization, but also the employee.

Today documentary change mode legal status worker provokes numerous discussions.

About transfers to another job, see their types in the article: types of transfers to another job.

When it is allowed to transfer to another job without the consent of the employee, read here.

The regulatory documentation does not have precise instructions on how to transfer an external part-time job to the main place of work.

To resolve this issue, employers use one of the following methods:

1. There is a termination of the old labor agreement on hiring as a part-time job. Then a new contract is signed.
2. An official transfer to a specific position is being made.
3. Amendments are being drawn up to the labor agreement on part-time work. They are signed by both parties.

Termination of the old contract

The procedure is performed using one of two provisions:

Its basis is the procedure stipulated by Article 288 of the Labor Code of the Russian Federation. The part-time worker quits, as his position is vacated for a permanent employee. Moreover, both workers can be the same person.

The employment contract is terminated by agreement of the parties (Article 77 of the Labor Code of the Russian Federation). A legitimate reason can also be a written statement from an employee (Article 80 of the Labor Code of the Russian Federation)

The head of the enterprise, after reaching an agreement, issues an order to hire a person.

Then, appropriate entries are made in the personal documents of the new employee. Employers try not to use this registration technique whenever possible.

Since, when dismissing a part-time job, it is necessary to make a monetary compensation for the time of unused vacation (Article 127 of the Labor Code of the Russian Federation).

The problem also arises when a person has already used the prescribed days of rest, but the current year has not yet ended.

If the employment agreement is terminated, then an appropriate deduction must be made (Article 137 of the Labor Code of the Russian Federation).

The accrued wages may not be enough to complete this operation. This method is also unprofitable for workers.

There are three reasons:

• they will receive the next right to leave only after six months from the date of the start of the performance of new duties;
• the manager will set a probationary period;
• there will be difficulties with the calculation of continuous experience.

However, there are people who support this method of registration of labor relations. Their argument - part-time work differs from the main work by the nature of legal relations.

The first is regulated by a special program, which is set out in Chapter 44 of the Labor Code of the Russian Federation. Choosing a different direction in labor relations, it is better to take advantage of dismissal.

Some organizations resort to the transfer method, guided by Article 72 of the Labor Code of the Russian Federation.

Stages of the procedure:

1. The worker presents a work book to the new manager, which contains a mark of dismissal from the previous place. Then he applies for a job.
2. The boss issues a transfer order.
3. A corresponding note is made in a personal card, personal documents on a person’s employment (Government Decree No. 225 of 04/16/2003).

Disadvantages of this method:

1. First, the worker writes a statement that contains agreement with the transfer. Then an order is issued to change the place of work. But since a person continues to hold his office, there is no reason to commit such actions. Transfer implies a complete change of place of work (Article 72.1 of the Labor Code of the Russian Federation). All things considered, only the type of employment agreement changes.
2. Standard forms of orders to change the place of activity do not have a column to reflect the relevant data (Resolution No. 1 of 01/05/2004). All information about the person will be duplicated. As a result, the meaning of using translation is lost.
3. Data about part-time employment is entered in a personal book at the request of the worker (Article 66 of the Labor Code of the Russian Federation). However, such a mark may not stand. Therefore, it is not possible to make a record of the transfer.
4. When applying for a pension benefit, such a person will face certain difficulties. It will be difficult to count the continuous experience. You will need a clarifying certificate that gives an idea of ​​​​the conditions of activity.

Addition to the previously concluded employment agreement

The changes relate to some clauses of the part-time contract. Changes:

• the status of the worker;
• the length of time spent on work;
• salary.

The worker is required to submit the following documents:

• personal document with employment records;
• data on wages for the previous year or two;
• a document confirming the right to deductions for personal income tax.

1. A person draws up a written application with a request to replace the status of “part-time” with “main” in the documents. Since the dismissal from the former main place of work was recorded.
2. If the manager and the employee have reached an agreement on the nature of the activity, an addition is drawn up and signed (Article 57 of the Labor Code of the Russian Federation).
3. The manager issues an order to accept an employee for a permanent job.
4. The work book is replenished with a special entry: "The part-time activity has been terminated, accepted as a permanent employee." However, the Labor Code of the Russian Federation does not provide for the possibility of making such an entry. This document may contain information only on the conclusion of agreements.

This variant of re-registration of relations creates additional problems. When the continuous length of service is calculated, many are denied a pension.

Sometimes there is even a lawsuit. It is much easier to change agreements within one enterprise.

There is simply a change in the type of activity (Article 72 1 of the Labor Code of the Russian Federation). Therefore, it is not always necessary to draw up orders and additions to the contract of employment.

An application for the transfer of an external part-time job to the main job is drawn up in any form. It should not contain blots and errors.

The document contains a respectful address. For the header, the accepted design sequence is used:

1. Recipient's job title.
2. Full name in the dative case.
3. Applicant's title with a small letter. Genitive. "From" is not spelled, but implied.
4. Name of the employee.

Below in the center is written "Statement" with a capital letter. Since this is the beginning of the document, no dot is inserted.

Down one line. On the left side is the date of submission of the application. On the right side is a personal signature and its transcript.

Director transfer

The most acceptable option would be to terminate the part-time contract and conclude a new one.
document as with a permanent employee.

The basis for such actions is the same as for an ordinary employee.

Enrollment in labor

Labor Code and instructions for filling out work books do not provide clear instructions for entering changed data. However, this mark should be.

It depends on the working hours. This affects the guarantees, benefits and compensation due to the employee.

A person's personal document sometimes contains a record of part-time activities that the previous manager did.

In this case, after information about the dismissal from the former main place, the section "Information about work" is filled in:

1. Column 3 should contain the abbreviated and full name of the new organization.
2. The second section contains the serial number of the record.
3. Nearby is the date of dismissal as a part-time job on the basis of an order.
4. Further, there is a link to the relevant section of the Labor Code of the Russian Federation.
5. In column 4, “Order”, the date and its number are written.

This entry is not certified by the signatures of responsible persons, since a mark is made on admission to a permanent job.

If a part-time job was not previously recorded in the labor, then a record is simply made of the person's entry into the position.

Find out what a sample order for transferring a part-time job to a permanent job looks like from the article: an order for transferring an employee to another job.

All about the transfer of an employee to another job, read here.

What does a job referral look like when applying for a job, see here.

The nuances of registration in 1C

The 1C ZUP 8 program will require the following actions:

Termination of the contract is carried out through the tab "Dismissal of employees of the organization"

Compensation is calculated through the "Calculation upon dismissal"

Reception of a person is issued

The eponymous tab "Employment of employees of the organization"

Vacation balance

You need to spend in the tab "Remains of holidays". Accruals will require register adjustments

But with this method, a situation may arise when an employee is posted twice under different personnel numbers.

Also, the "Type of employment" prop is not periodic, so the wiring may fly.

The current legislation of Russia does not give clear instructions on how to properly arrange the transfer of a part-time job to the main place of work.

That's why everything government bodies have their own opinion on this matter. Each manager and worker chooses the solution that suits them.

How to transfer a part-time worker to the category of main workers?

Methods for transferring a part-time worker

If an employee quit and expressed a desire to become your permanent employee, then you should carefully consider the registration process. As a rule, in most cases, two common options for transferring a part-time worker are used. Each of them is useful in a given situation. To choose the right path, 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) in order to conclude a new one. It prescribes 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 properly carry out this procedure, we will consider the process in stages.

1. The first step is to fire the employee as a part-time employee. The procedure for actions in such a situation was described by Rostrud in its Letter No. 4299-6-1 dated 10/22/2007. For this purpose, the Labor Code (hereinafter referred to as the Code) provides for two options:

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

Read also: Dismissal by agreement of the parties, the pros and cons for the employee

Be sure to take into account the fact that upon dismissal, the employer is obliged to make all the 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 the implementation of these actions, you can proceed to the next step - registration.

1. Now you need to register the employee in the usual manner 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 take a look at the two most important points:

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

Regarding the "holiday" experience, 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 a new employment contract). The labor situation is as follows. If there is no mark on part-time employment, then there is no need to make a record of dismissal. After marking the dismissal from the previous main place of work, you just need to enter data about the new one. In the case when there is a record of part-time employment in the labor, then after information about the dismissal from the previous main job, the following should be entered:

• column three - abbreviated and full name of the organization;
• column one - it is necessary to indicate the serial number of the entry that is being 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 employee of the company, who is responsible for the execution of work books, or by an individual entrepreneur (employer). The employee does not have to put his signature. After that, you can enter information regarding the hiring.

Translation by issuing an additional agreement to the main agreement

The second method, which can be used when transferring a part-time job to a permanent job, involves the conclusion of an additional agreement to the current contract. When using the presented option, it should be the same as in the first case, that is, follow 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 on wages for the current and two previous years (certificate of the amount of salary), the need for it may arise when calculating benefits - maternity or child benefits - if the employee wants to take into account 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 personal income tax deductions (these documents are provided if the employee expects to receive the corresponding deductions);

The next step is to conclude an agreement. In accordance with the opinion of Rostrud, which was set out in Letter No. 4299-6-1 dated 10/22/2007 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 on part-time work from the specified day are recognized as invalid;
• the contract is amended to correspond to the fact of the transition to the main place of work (daily schedule, hours of work, wages, etc.).

In addition, it is important to indicate the effective date of the signed agreement. This date will be considered the day the work began at the main place. After registration of the agreement, it is necessary to issue an Order. In an arbitrary form, the fact of the employee's transition to the main place is recorded. An entry on the 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 (it can be next to it) with the following content - “from ... (the day the agreement was signed) the work is the main one.”

The employee must confirm the fact of familiarization with these changes with his signature. Now it is important to reflect the transition to the main place in the labor. Here you need to consider whether there is a record of part-time employment made by the previous employer (at the main place). If there is no such mark, then according to the explanations of Rostrud from Letter No. 4299-6-1 of October 22, 2007, it is recommended to act as follows. In the section "Information about work" enter the following data:

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

If there is a mark on part-time employment, then the following data is recorded in the specified section:

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

After carrying out the described manipulations, you can begin interaction with the employee on new conditions. When drawing up a contract, it is important to include in it the main points that the law requires. From the date that is fixed when signing the agreement, the new status (type of work) will be considered valid. When re-issuing the second method is the easiest. Much easier process and less time consuming.

In addition, the employer does not need to calculate vacation pay that has not been used ("dismissal"). For the employee, it will be important that when reissuing in the second way, the length of service for vacation is not interrupted. This allows you not to wait six months after hiring to get the legal right to rest. Simplicity and convenience make it possible to resolve the issue of transferring a part-time worker to permanent work in a short time. In the process of finding the most profitable job, people try many options. Part-time activity ceases to be something unusual lately. More and more people want to change not only their lives, but also the level of prosperity. The correct design of each stage of the activity will allow you to feel confident in the process of communicating with the employer.

How to transfer a part-time worker to the main job?

Transfer of an external part-time worker to the main place of work

We will tell you how to arrange the transfer of an external part-time job to the main place of work: is it necessary to fire an employee, and what are the pros and cons of each method of transferring an external part-time job.

A person leaves his main place of work and goes to work in a company where he was previously listed as an external part-time job. In this situation, a number of questions arise. What order should be issued? What entries should be in the employee's work book? The legislation does not provide clear answers to these questions.

Consider the most common options that are practiced in companies.

Transfer of an external part-time worker to the main place of work as a transfer

The method provided for in Article 72.1 of the Labor Code of the Russian Federation implies the following actions.

The employee writes a statement in which he asks to be transferred from a part-time job to the main job. The company concludes an additional agreement to the employment contract, which has already been concluded with a part-time job. In the agreement, the employer prescribes the following changes: the status of the employee (the main place of work), working hours, wages. After that, you need to issue an order to transfer the employee. The order should speak specifically about the transfer, and not about hiring, since the employee is already working in the organization. Next, you need to make an appropriate entry in the work book.

Minuses. If there is no record of part-time work in the work book, then this will create confusion with the determination of the start date of work. Which in turn will complicate the calculation of payments in favor of the employee. For example, the calculation of average earnings.

In addition, the possibility of registering an employee for the main job in the order of transfer is not directly regulated by law. After all, Article 282 of the Labor Code of the Russian Federation calls part-time work "another regularly paid job on the terms of an employment contract."

Hence the conclusion: since there is a different job and a different contract, then it is impossible to conclude an additional agreement and arrange for the transfer of an external part-time job to the main place of work.

pros. There are no obvious benefits.

Opinion
An external part-time worker can become a main employee by writing a transfer application

- The company can transfer a part-time employee to the main job. This can be done on the basis of Article 72.1 of the Labor Code of the Russian Federation. According to this norm, a transfer is a change in the labor function of an employee if he continues to work for the same employer. And the labor function is a specific job by position in accordance with staffing, profession, specialty (Article 15 of the Labor Code of the Russian Federation).

Hence the conclusion: the termination of part-time work can be considered a change in the labor function. Therefore, the transfer of an external part-time worker to the main place of work is possible.

Oksana SCHESLAVSKAYA, Lawyer of the LLC "Peresvet-Nedvizhimost"

Record from transfer to the main place, if there is no record of part-time work

Record from transfer to the main place, if there is a record of part-time work

Transfer of an external part-time worker to the main place of work and dismissal "on one's own"

The situation is this. After an employee has quit another job, he must write two statements: about dismissal of his own free will (clause 3 of article 77 of the Labor Code of the Russian Federation) and about employment at the main place of work. The task of the employer is to issue appropriate orders, sign a new employment contract.

Minuses. The employee may not agree to write a letter of resignation. The reason is simple: it is unprofitable for him. Firstly, a probationary period may be established under a new employment contract. Secondly, the employee will formally have the right to the next vacation only after six months. Third, if the company provides social guarantees employees who have served a certain number of years, they can be lost.

If an external part-time worker leaves the main place of work, he can agree at a part-time job (Article 60.1 of the Labor Code of the Russian Federation) that he will continue to work as the main employee. According to Rostrud, the transition of a part-time job to a new quality - the main employee - can be drawn up in different ways (Letter of Rostrud dated 10.22.2007 N 4299-6-1):
(or) by terminating part-time work and subsequent hiring already as the main employee;
(or) by concluding an additional agreement to the employment contract of the part-time worker that this work becomes the main one for him.

Note
It is wrong to issue a transfer to another job in this case. After all, neither the labor function nor the separate structural unit of the employee in the situation under consideration changes, which means that there is no transfer (Article 72.1 of the Labor Code of the Russian Federation).

Depending on which of these two options you choose, personnel documentation and records in the employee's work book will differ. The content of the entries in the work books will also be affected by whether information about his part-time work was entered in the work book of a part-time job or not. After all, these entries are made solely at the request of the employee and only by the main employer (Article 66 of the Labor Code of the Russian Federation).
Let's see how, depending on the option chosen, everything is properly arranged.
Option 1. We terminate the contract on part-time work and conclude a new one as with the main employee
In this case, your procedure is as follows.
Step 1. Take an application from the employee about (Article 80 of the Labor Code of the Russian Federation) or conclude an agreement with him on termination of the employment contract by agreement of the parties (Article 78 of the Labor Code of the Russian Federation).
Step 2 On the basis of an application or agreement, issue an order to dismiss an employee from a part-time job (Article 84.1 of the Labor Code of the Russian Federation) according to unified form N T-8 (Approved by the Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1).
Step 3 You conclude a new employment contract with the employee at the main place of work (Article 56 of the Labor Code of the Russian Federation).
Step 4 On the basis of an employment contract, you issue an order for employment (Article 68 of the Labor Code of the Russian Federation) in the unified form N T-1.
Step 5 Make entries in the work book (Article 66 of the Labor Code of the Russian Federation).
Situation 1. . In this case, in the work book of the employee, after recording his dismissal from the previous main job, make a regular entry on admission to your company (Clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated 10.10.2003 N 69).
Situation 2. . In this case, the work book should also contain a record of the termination of part-time work. Such an entry can be made:
(or) at the request of the employee, his first main employer before dismissal.

Example 1 Registration of entries in the work book, if the first main employer makes a record of dismissal from part-time work

Condition

The employee resigned from the main place of work from Romashka LLC on 07/25/2011. He is re-registered in Fialka LLC from a part-time worker to the main employee. On 07/25/2011 he quits as a part-time worker and on 07/26/2011 concludes a new employment contract as the main employee.

Decision

Job details

N records				Admission information for work, translation into another constant jobs, qualifications, dismissal (indicating reasons and reference to article, statute)	Name, date and number document, on basis whom made entry
				Limited
				responsibility
				"Chamomile"
				Hired
				legal adviser
				Accepted by Fialka LLC	Admission order
				for the position	to work in
				legal adviser	OOO "Violet"
				concurrently	part-time
				Dismissed from work
				concurrently	about dismissal
				from Fialka LLC	from Fialka LLC
				on their own
				optional, point 3
				part one of Article 77
				Labor Code
				Russian Federation
				Dismissed on his own
				optional, point 3
				part one of Article 77
				Labor Code
				Russian Federation
				Accountant
				Smirnova Smirnova N.G.
				Petrov Petrov I.G.
				LLC "Romashka"
				Limited
				responsibility
				Hired
				legal adviser

(or) if the employee did not have time to quit his part-time job before leaving his previous main job or did not ask his former main employer to make a record of his dismissal from part-time work, then such a record will have to be made by you as the new main employer. Of course, if you follow the chronology, then the employee first leaves the part-time job, and then is already accepted for the main job in the same company. But according to the law, records of part-time work are made only at the main job. And therefore, first, a part-time employer must become the main one. That is, in the work book you make an entry about hiring as the main employee, and then make an entry there about the dismissal of this employee as a part-time worker.

Example 2 Registration of entries in the work book, if the record of dismissal from part-time work is made by the new main employer

Condition

Let's use the data of the previous example with the only difference that before the dismissal of the employee, Romashka LLC did not make an entry in the work book about the dismissal from Fialka LLC from a part-time job.
Such a record is already being made by Fialka LLC.

Decision

The entries in the workbook will look like this.

Job details

N records				Admission information for work, translation into another constant jobs, qualifications, dismissal (indicating reasons and reference to article, statute)	Name, date and number document, on basis whom made entry
				Limited
				responsibility
				"Chamomile"
				Hired
				legal adviser
				Accepted by Fialka LLC	Admission order
				for the position	to work in
				legal adviser	OOO "Violet"
				concurrently	part-time
				Dismissed on his own
				optional, point 3
				part one of Article 77
				Labor Code
				Russian Federation
				Accountant
				Smirnova Smirnova N.G.
				Petrov Petrov I.G.
				LLC "Romashka"
				Limited
				responsibility
				Hired
				legal adviser
				Dismissed from work
				concurrently
				on their own
				optional, point 3
				part one of Article 77
				Labor Code
				Russian Federation

Option 2. We conclude an additional agreement with the employee to the employment contract that his "part-time" work will be the main one for him
Step 1. Conclude an additional agreement to the employment contract. Do not forget to reflect all changes in it, for example, in the employee's working hours, in the amount of salary, etc.
Step 2 On the basis of an additional agreement, issue an order of the following content.

Limited Liability Company "Violet"

Order N 24-k

26.07.2011
Moscow

On the basis of an additional agreement dated July 26, 2011 N 3 to the employment contract dated February 14, 2011 N 5 between Fialka LLC and I.G. Petrov consider the employment contract dated February 14, 2011 N 5 with I.G. Petrov, a prisoner at the main place of work from 07/26/2011.

Reason: additional agreement dated 26.07.2011 N 3 to the employment contract dated 14.02.2011 N 5 between Fialka LLC and I.G. Petrov.

Director General of LLC "Violet" Nosyrev P.G. Nosyrev

Step 3 Make entries in the work book (Letter of Rostrud dated 10.22.2007 N 4299-6-1).
Situation 1. An entry about part-time work in the work book was not made by the former main employer.

Example 3 Making entries in the work book when re-registering a part-time job as the main employee under an additional agreement, if there is no information about part-time work in the work book

Condition

Let's use the data of example 1, partially changing them as follows.
After dismissal on 07/25/2011 from LLC "Romashka", the main place of work, the employee is re-registered in LLC "Violet" from a part-time job to the main employee, not through dismissal and a new hiring, but by concluding an additional agreement to an existing employment contract.
The employee is registered at Fialka LLC as the main employee from 07/26/2011.
In general, the employee has been working in Fialka LLC since February 14, 2011 (at the same time, from February 14, 2011 to July 25, 2011, he worked in the organization as a part-time worker).

Job details

N records				Admission information for work, translation into another constant jobs, qualifications, dismissal (indicating reasons and reference to article, statute)	Name, date and number document, on basis whom made entry
				Limited
				responsibility
				"Chamomile"
				Hired
				legal adviser
				Dismissed on his own
				optional, point 3
				part one of Article 77
				Labor Code
				Russian Federation
				Accountant
				Smirnova Smirnova N.G.
				Petrov Petrov I.G.
				LLC "Romashka"
				Limited
				responsibility
				Hired
				legal adviser,
				concurrently

We warn the employee
If a the part-time worker is re-registered as the main employee:
- by dismissal - he can receive compensation for unused vacation, but will lose his vacation experience;
- by drawing up an additional agreement - there will be no payments, but he will retain the right to leave.

Situation 2. An entry about part-time work is entered in the work book by the former main employer.

Example 4 Making entries in the work book when re-registering a part-time worker as the main employee in accordance with an additional agreement, if the work book contains information about part-time work entered by the previous main employer

Condition

Let's use the data of example 3 with the only difference being that at the request of the employee in Romashka LLC, he was given an entry for a part-time job at Fialka LLC from 02/14/2011.

Job details

N records				Admission information for work, translation into another constant jobs, qualifications, dismissal (indicating reasons and reference to article, statute)	Name, date and number document, on basis whom made entry
				Limited
				responsibility
				"Chamomile"
				Hired
				legal adviser
				Accepted by Fialka LLC	Admission order
				for the position	to work in
				legal adviser	OOO "Violet"
				concurrently	part-time
				Dismissed on his own
				optional, point 3
				part one of Article 77
				Labor Code
				Russian Federation
				Accountant
				Smirnova Smirnova N.G.
				Petrov Petrov I.G.
				LLC "Romashka"
				Limited
				responsibility
				From 07/26/2011 work
				in the position
				legal adviser is
				basic

* * *

Since, according to Rostrud, both options are legitimate, then you yourself are free to choose the most suitable option for you. When choosing it, keep in mind that the option "through an additional agreement" will be more convenient. Indeed, in this case, personnel papers will need to be drawn up less. In addition, you will not have to terminate the employment contract with the employee, which means that you will not have to pay him for wages and unused vacation days. In general, the choice is yours.

The employee agreed with the director that his main job would become a part-time job for him. Now everything needs to be properly arranged. However, the personnel specialist finds it difficult how to formalize the transition from the main place of work to a part-time job correctly? Is it possible to arrange a transfer or is this situation formalized through dismissal with subsequent admission? Our experts will answer all the questions that the personnel officers have.

Translation is not possible

Let's say right away that the Labor Code does not provide for the transfer of the main employee to part-time workers. Therefore, the transition from the main job to part-time work within the organization is illegal.

Part-time employment is a phenomenon when an employee, in his spare time from his main job, works under a separate employment contract. With an external part-time job, the employee has different employers, while with an internal part-time job, the employer is one. It is important to understand that part-time work is necessarily work under a separate employment contract. Civil law relations with organizations and individual entrepreneurs are not collaborative.

By general rule a part-time worker cannot work more than four hours a day. Only in the case when he is free from his main job, he can devote a whole working day to part-time work. However, in any case, according to the results of the accounting period, the time worked by a part-time worker cannot exceed half of the working time for the accounting period for this category of workers.

Dismissal followed by admission

Since a direct transfer from the main job to a part-time job is not possible, there is only one option left: dismissal from the main job with subsequent hiring as a part-time job. As a step by step, it will look like this:

• dismissal from the organization;
• employment at the main place of work with another employer;
• hiring as a part-time worker under a new employment contract.

In order to fix the agreement reached on the transition to part-time work and avoid unpleasant surprises, it is better to formalize the dismissal of an employee by agreement of the parties, and not of one's own free will. In this case, the text of the agreement can provide for the obligation of the organization to accept the resigning employee for a part-time job.

A resigning employee must be issued a work book and other documents issued upon dismissal, as well as make a full settlement, including payment of compensation for unused vacation upon dismissal.

Personnel changes are inevitable in any organization. Not all specialists and employers know what to do if an external part-time worker becomes the main employee, how to arrange everything correctly. The slightest inaccuracy can cause serious consequences, because information about such a transition should somehow be displayed in the work book.

There is no single procedure for registering such a transfer of workers. And all because the Labor Code of the Russian Federation detailed instructions does not give. What should personnel officers do if an external part-time worker becomes the main employee?

There are several ways to resolve this situation:

• dismissal and further acceptance;
• implementation of the translation;
• drawing up an additional agreement.

Each of the options has its own characteristics, on which the order of registration depends. required documents, including filling out a work book.

Termination of the old contract

The simplest and most frequently used method in the case when a part-time worker becomes the main employee is dismissal and hiring on new conditions.

For any dismissal, the employer must have a reason. In this case, you can be guided by general or special rules. For example, the employee himself may express a desire to quit, you can do this by agreement of the parties.

As a basis for dismissal, Art. 288 of the Labor Code of the Russian Federation. It indirectly says how to arrange an external part-time job for a permanent job. The part-time worker may be dismissed if the main employee is taken in his place. The Labor Code of the Russian Federation allows this basis to be applied, even if one person acts as a part-time worker and future main employee.

After the dismissal, the employer must transfer money to compensate for unused vacation by the employee. At the same time, the rights of the employee himself will not be violated, and his continuous experience will continue to increase, because the dismissal and admission will be dated on the same day. The only drawback is that when moving from part-time workers to the main place of work in this way, a person will be able to take a vacation only after six months.

Internal transfer of an employee

The Labor Code of the Russian Federation implies the possibility of using temporary and permanent transfers. If it's about permanent translation, it can be used in the following cases:

• other work in the same enterprise;
• to another company;
• to the same organization but in a different location.

When using this option, the case is considered when the transfer of an external part-time job to the main place of work is associated with a transfer to another position. Under other circumstances, this method cannot be used.

The design itself consists in changing the provisions of the employment contract. The employee himself must write an application for transfer. Only after that is issued the appropriate transfer order. A record of the transfer being made must be made in the work book.

For the employee himself, it is precisely such a transfer of a part-time job to the main place of work that is most preferable, because the right to take a vacation is not lost, and the use probationary period employer is not possible.

Difficulties in making a translation

Despite the fact that such a transfer is most beneficial for the employee, in practice, the employer has to face a number of difficulties. The transfer of a part-time job to the main job in this case is difficult due to the following features:

• A person must be transferred to another position, that is, he is endowed with other functions and responsibilities, and in the case of transferring a part-time job to a permanent job, no new conditions arise, he only stops working part-time.
• An entry in the work book about admission as a part-time job can only be made at the request of the employee himself, and it is made by the main employer, the other employer does not have the right to do so. If there is no record in the labor, then it will not work to transfer the employee from part-time workers to the main workers, since there will be a violation of the sequence and consistency of the records. Be sure to make a preliminary note in the work book about the termination of part-time work.

Drawing up an additional agreement

There is another way to transfer. It is enough to draw up an additional agreement to the contract. How to hire an external part-time worker for a permanent job in this case? Compatibility is a condition of the contract. During the transition, it will change, although the position will remain the same.

After drawing up an additional agreement, an appropriate order is issued, and an entry is made in the work book that the combination is terminated. The employment contract itself continues. Continuous service and the right to leave remain.

Summing up

Labor legislation does not give a clear answer to the question of how to transfer a part-time worker to the main place of work. Any of the options presented can be used under certain circumstances. Dismissal is considered the safest of them.

E.Yu. Zabramnaya, lawyer, Ph.D. n.
A.K. Kovyazin, lawyer

How to “make” a part-time worker of the main worker

If an external part-time worker leaves the main place of work, he can agree on a part-time job at Art. 60.1 of the Labor Code of the Russian Federation that he will continue to work as a main employee. According to Rostrud, the transition of a part-time worker to a new quality - the main employee - can be formalized in different ways at:

• <или>by terminating the employment contract on part-time work and subsequent hiring as the main employee;
• <или>by concluding an additional agreement to the part-time labor contract that this work becomes the main one for him.

It is wrong to issue a transfer to another job in this case. After all, neither the labor function nor the separate structural unit of the employee in the situation under consideration change, which means that the transfer does not occur t Art. 72.1 of the Labor Code of the Russian Federation.

Depending on which of these two options you choose, personnel documentation and records in the employee's work book will differ. The content of the entries in the work books will also be affected by whether information about his part-time work was entered in the work book of a part-time job or not. After all, these entries are made solely at the request of the employee and only by the main employer m Art. 66 Labor Code of the Russian Federation.

Let's see how, depending on the option chosen, everything is properly arranged.

OPTION 1. We terminate the part-time contract and conclude a new one as with the main employee

In this case, your procedure is as follows.

STEP 1. Take a letter of resignation from the employee of your own free will Yu Art. 80 of the Labor Code of the Russian Federation or conclude an agreement with him on termination of the employment contract by agreement of the parties n Art. 78 Labor Code of the Russian Federation.

STEP 2. On the basis of an application or agreement, issue an order to dismiss the employee from part-time work at Art. 84.1 of the Labor Code of the Russian Federation according to the unified form No. T-8.

STEP 3. Conclude a new employment contract with the employee at the main place of work s Art. 56 Labor Code of the Russian Federation.

STEP 4. On the basis of an employment contract, issue an order for employment at Art. 68 Labor Code of the Russian Federation according to the unified form No. T-1 approved Decree of the State Statistics Committee of Russia dated 05.01.2004 No. 1.

STEP 5. Make entries in your workbook at Art. 66 Labor Code of the Russian Federation.

SITUATION 1.. In this case, in the work book of the employee, after recording his dismissal from the previous main job, make a regular record of admission to your company Yu p. 3.1 Instructions for filling out work books, approved. Decree of the Ministry of Labor of Russia dated 10.10.2003 No. 69.

SITUATION 2.. In this case, the work book should also contain a record of the termination of part-time work. Such an entry can be made:

• <или>at the request of the employee by his first main employer before dismissal.

Example 1. Making entries in the work book, if the first main employer makes a record of dismissal from part-time work

/ condition / The employee quit his main job from Romashka LLC on 07/25/2011. He is re-registered in Fialka LLC from a part-time worker to the main employee. On 07/25/2011 he quits as a part-time worker and on 07/26/2011 concludes a new employment contract as the main employee.

/ decision /

We warn the employee

If a the part-time worker is re-registered as the main employee:

• by dismissal - he can receive compensation for unused vacation, but will lose his vacation experience;
• by issuing an additional agreement - there will be no payments, but he will retain the right to leave.

• <или>if the employee did not have time to leave the part-time job before leaving the previous main job or did not ask his former main employer to record the dismissal from the part-time job, then such a record will have to be made by you as the new main employer. Of course, if you follow the chronology, then the employee first leaves the part-time job, and then is already accepted for the main job in the same company. But according to the law, records of part-time work are made only at the main job. And therefore, first, a part-time employer must become the main one. That is, in the work book you make an entry about hiring as the main employee, and then make an entry there about the dismissal of this employee as a part-time worker.

Example 2. Making entries in the work book, if the record of dismissal from part-time work is made by the new main employer

/ condition / Let's use the data of the previous example with the only difference that before the dismissal of the employee, Romashka LLC did not make an entry in the work book about the dismissal from Fialka LLC from part-time work.

Such a record is already being made by Fialka LLC.

/ decision / The entries in the workbook will look like this.

OPTION 2. We conclude with the employee an additional agreement to the employment contract that his “part-time” work will be the main one for him

STEP 1. Conclude an additional agreement to the employment contract. Do not forget to reflect all changes in it, for example, in the employee’s working hours, in the amount of salary, etc. .Letter of Rostrud dated October 22, 2007 No. 4299-6-1

STEP 2. On the basis of an additional agreement, issue an order of the following content.

Limited Liability Company "Violet"

ORDER No. 24-k

26.07.2011
Moscow

On the basis of an additional agreement dated July 26, 2011 No. 3 to the employment contract dated February 14, 2011 No. 5 between Fialka LLC and I.G. Petrov to consider the employment contract dated February 14, 2011 No. 5 with I.G. Petrov, a prisoner at the main place of work from 07/26/2011.

Reason: additional agreement dated 07/26/2011 No. 3 to the employment contract dated 02/14/2011 No. 5 between Fialka LLC and I.G. Petrov.

STEP 3. Make entries in the workbook at Letter of Rostrud dated October 22, 2007 No. 4299-6-1.

SITUATION 1. An entry about part-time work in the work book was not made by the former main employer.

Example 3

/ condition / Let's use the data of example 1, partially changing them as follows.

After dismissal on 07/25/2011 from Romashka LLC, the main place of work, the employee is re-registered in Fialka LLC from a part-time worker to the main employee, not through dismissal and a new hiring, but by concluding an additional agreement to an existing employment contract.

The employee is registered in Fialka LLC as the main employee from 07/26/2011.

In general, the employee has been working in Fialka LLC since February 14, 2011 (at the same time, from February 14, 2011 to July 25, 2011, he worked in the organization as a part-time worker).

/ decision / and Letter of Rostrud dated October 22, 2007 No. 4299-6-1.

SITUATION 2. An entry about part-time work is entered in the work book by the former main employer.

Example 4

/ condition / Let's use the data of example 3 with the only difference being that at the request of an employee in Romashka LLC, he was given an entry for a part-time job at Fialka LLC from 02/14/2011.

/ decision / Taking into account the recommendations of Rostrud, the entries in the work book will be as follows and Letter of Rostrud dated October 22, 2007 No. 4299-6-1.

Since, according to Rostrud, both options are legitimate, then you yourself are free to choose the most suitable option for you. When choosing it, keep in mind that the option “through an additional agreement” will be more convenient. Indeed, in this case, personnel papers will need to be drawn up less. In addition, you will not have to terminate the employment contract with the employee, which means that you will not have to pay him for wages and unused vacation days. In general, the choice is yours.