The legislative framework
In order to correctly accept an employee for a part-time position, those working in the personnel department must strictly adhere to the approved procedure, which provides for compliance with all current provisions of Russian labor legislation. These include:
- Art. 77, 78, 80. They regulate calculations during the dismissal process and a number of other circumstances.
- Art. 57,66,282. They indicate the standards for drawing up a work book.
- Art. 127, 228, 286. Contain detailed rules for documenting working relationships.
- Art. 72. It contains the rules for transferring an employee.
The Labor Code does not contain articles directly related to the process of transferring to a part-time job without prior dismissal. But the above materials contain all the necessary information to carry out this task smoothly.
Essentially, the process of such a transfer consists of creating an additional agreement to the employment contract. The document must contain the following data:
- The name of the position and department in which the activities will continue.
- The specific start date of the document and the transition to part-time work.
During the translation process, the HR specialist must take into account an important nuance. It is associated with keeping records in the work book. If the employee's work record in the main position must be kept by the employer, then when switching to cooperation under an additional agreement (part-time work), this is not necessary.
This situation has arisen due to the fact that a part-time worker has the opportunity to get a main position in other companies. To do this, he will need to transfer his work record for storage to the personnel department - this is a mandatory condition that must be met when applying for a main position.
Therefore, when switching to a combination, it is necessary to comply with all the norms of the Labor Code - make all calculations for the employee, issue him a work book. Failure to comply with these procedures may be considered a violation of the law and may result in liability.
How to apply?
In practice, there are two options for processing personnel documents in connection with the transformation of a part-time job into the main place of work.
With dismissal.
In this case, the part-time employment contract is terminated and a new one is concluded at the main place of work. The advantages of this option are that for the employer everything is clear in the design - two procedures: dismissal and hiring. This option also has disadvantages. Firstly, for the employee: there is no guarantee that, after being fired from a part-time job, he will be hired for his main job; the length of service required to grant leave is reset to zero; When concluding a new employment contract, a trial may be established. Secondly, for the employer this option is fraught with the preparation of a large number of documents and payment of certain amounts to the employee.
No dismissal.
An additional agreement to the employment contract is concluded stating that the work becomes the main one. With this option, the advantages are obvious. The employee continues to work (there is no threat of losing his job), and the employer only needs to draw up an agreement, make an entry in the work book, and adjust internal documents. However, there is a significant drawback - it is not clear how to draw up a work book; therefore, the employee may have problems when assigning a pension.
Some specialists issue a transfer order and believe that by indicating in the order a change in the type of work, they have completed everything according to the rules. Let’s say right away that this design is not suitable from the point of view of labor legislation, and here’s why. By virtue of Art. 72.1 of the Labor Code of the Russian Federation, a transfer is considered a permanent or temporary change in the labor function of an employee and (or) the structural unit in which he works (if the unit was specified in the employment contract), while continuing to work for the same employer.
As a rule, when a part-time worker becomes the main employee, he continues to perform the same job function, just full-time. Accordingly, none of the things listed in the definition of transfer occur—neither a change of function nor a change of unit. This means that translation is not applicable here.
Let's look at the transformation options in a little more detail.
Basic part-time options
The transfer procedure may differ depending on what type of part-time job the employee will be transferred to. There are two of them:
- External. In this option, the citizen quits his main job to work full-time in another company. He has the right to remain and work part-time in his current enterprise.
- Interior. Both places of employment are with the current employer.
Internal combination means that an employee essentially holds two positions in one company. One is his main place of work, the other is a part-time job.
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.
Description of the procedure
If the employer gives permission for external part-time work, he must remember that from this moment the employee will be able to begin his duties in his free time from his main position. If internal, the employee will retain his current position to which new responsibilities will be added.
Standard procedure
The standard process involves the following stages:
- Writing then submitting a resignation letter from your current main position. Carried out directly by the employee.
- Coordination of the document with management.
- Registration of termination of the contract in the form of an order.
- Making entries in the work book.
- Drawing up and certification of a new contract. It is necessary to specify the position, working conditions, and the amount of payment for it.
It must be remembered that re-registration implies that the employee will have the opportunity to find another place of work.
Phased transfer to external part-time work
By adhering to these recommendations, you will be able to take into account the requirements of Russian labor legislation related to the process of switching to a new relationship between the enterprise and an external part-time worker. These recommendations include:
- Termination of the current employment contract can be formalized in two ways: based on the employee’s application at his own request or by agreement of the parties.
- An order to terminate such an agreement obliges personnel services to make appropriate entries in the work book and make the final payment. This must be done even if the person continues to work at this enterprise in the future, but in a different status.
- When re-registering as a part-time worker, he must receive funds earned for the period of worked but unpaid working days. Unpaid days of the next vacation are compensated. If the dismissal is carried out by agreement, other compensation accruals may be made. The employee personally negotiates them with management; in this case, they need to be guided by the relevant document from their superiors.
- Also, the personnel service is obliged to make an entry about the dismissal in the work book, hand it over to the employee and all other documents required by law.
Only after the dismissal procedure has been fully completed and all legal requirements have been met can a citizen be rehired as a part-time worker. It is also necessary to draw up a new employment agreement indicating the changed working conditions and payment for it.
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.
Recommendations
When performing re-registration, HR employees are required to take into account important nuances that are not always obvious when carrying out such a procedure. For example, a resignation letter must be written in a standard format that matches the template established by the company. It must indicate the exact personal data of the applicant and the date of termination of the contract concluded with the citizen. The employee must indicate “at his own request” as the basis for dismissal.
An equally important part of the process of transferring to a combination job is making an accurate calculation for time worked and vacation pay. This task falls on the accounting staff, who must make the correct calculations and pay all due funds on the employee’s last working day. It must be remembered that the new vacation period in 2021 will begin to count only from the moment the employee officially enters a new position. Vacation payments will be accrued only for the period that was worked after receiving the new status.
If an employer plans to employ a part-time worker in his enterprise, he must take into account that the law establishes a maximum wage for people with this type of employment. The final salary at the part-time rate cannot exceed half the salary that other employees of the company receive while occupying similar vacancies as the main place of performance of work duties.
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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.
