Translation at work from a partner to a permanent job. How the translation from the main partition work is issued

Transfer to work on the main place of work with a compatibility - a frequently found personnel problem. Many prefer to accept the part-time through dismissal from the main work, but after all, the employee may in this case can lose holidays or other benefits! Then translate? And then what to write in the employment record? On this expense, Radrud has long developed its own opinion, which the legislators are considered correct. In the laws, however, the translation procedure is not enshrined.

Translation of the employee with a compatibility on the main place of work - options

To begin the procedure for renewing the part-to-room, you first need the employee to resign from the main work. This requires the management of Rostrud ( letter No. 4365-6-1 of October 26, 2007.). After dismissal, you can translate.

Solving the problem of translation of the part-time exists only in two versions:

• reception through dismissal;
• translation from a compatibility on the main place of work by translation.

The first path is preferable for an accountant and personnel - as easier! No Moroka was quitted there, it brought the job, it was quitred from the partners and voila, - you can take. The dismissal and reception procedure is written in the laws clearly. But first you need to somehow force an employee to quit your own.

When dismissal, compensation for vacation is paid, which means that the worker will not rest. And where is the guarantee that after he writes a statement on his own, will take it back, but not a partover already, but the main employee? therefore here is likely to fail by officer. In the case of translation, the employee is protected.

The translation of employees from a compatibility to the main place of work is not provided by any law, but not prohibited. And if you figure it out and take into account the explanation of the Radrud, then nothing is difficult in translation.

Below we give the arguments that will help convince the accountant that the translation of the part-up constantly easier than through dismissal. After all, it is an accountant that is protesting this version of the development of events.

Compactation - condition or type of contract

Analysis of the norms of labor legislation unequivocally does not relate to a separate agreement or one of its conditions. On the one hand, the list of mandatory conditions of TD does not include a part-time condition (Article 57 of the TC), but article 282 of the TC obliges with the parties to execute labor contracts.

According to the same Radrud (which the inspectors are adhered), the partification is precisely the condition of the employment contract, since it is precisely it determines the nature of the work. Then it turns out that dismissal from the main work automatically makes part-time work. Or not?

According to Article 72 of the TC, the terms of the contract can be changed only by the consent of both parties - director and employee. Therefore, no automatic change of the status of a speech employee cannot be conducted. Then what, make a translation?

The legality of translating the main work

Based on the meaning of Article 72.1, the Translation is the temporary or constant change in its official duties or jobs. In the case of compatibility, no change is either functions nor the place of work.

Therefore, it turns out that the translation of the partner is not possible. But here there is a way out -

How to issue translation

if you need to translate a partner to a permanent job, suffice to change the condition of the contractwhat can be done, banal by signing an additional agreement!

We compile supplement

Worker and director must agree with new working conditions. The partbook was an employment contract, therefore the terms of this agreement will be changed. For this, the phrase "part-time work" must be changed on "work is the main one." Accordingly, if the salary and schedule changes, this also needs to be recorded in a subsidiary document, which will be an additional agreement.

The text of the addition of approximately this:

Text Supplement

Fortuna LLC in the person of the director Gorbunkin S.S., operating on the basis of the Charter (hereinafter referred to as "Employer"), and Vasin G.G. (hereinafter referred to as the "worker"), agreed with the following:

paragraph 1.2. Labor agreement No. 1 dated 12.12.2014. Read as follows: "Work for the employee is the main."

Accordingly, the renewal of labor relations is fixed by the order. For clarity, an order of translating from a compatibility on the main place of work (sample):

Order No. 13-P

Based on the Additional Agreement No. 1 of 25.12.2015. to the employment contract No. 1 dated 12.12.2014. Between Fortuna LLC and Vasin G.G. Order:

1. Assign Vasina G.G., who had previously worked in LLC "Fortune" a partner, the status of a main employee from 25.12.2015.

2. Inspector of the personnel department of the handle A.A. Make changes to Documents Vasina G.G.

Director of Fortuna LLC _____________ S.S. Gorbinkov
The order is familiar with the order:
______________ G.G.Vasin
______________ A.A.Rukchna

Important: the details of the specified order will be reflected in the employment record!

Now we will analyze how to record your work (translated from a compatibility on the main place of work).

What to write in the employment record

Neither the laws nor the instructions for working books are not determined how to record the translation of the partner to the main work. But on this issue, explanations gives the control of Rostruda ( letter of 10/22/2007 No. 4299-6-1).

If there is already a record of part-time, after the mark of dismissal from the main work, this entry is made:

Writing in labor

Work on the terms of the partification is discontinued, continues to work as the main worker.

If no part-time entry was, after the mark of dismissal from the main work, such text should be:

Writing in labor

Limited Liability Company "Fortuna" (LLC "Fortune")

Hired of work from 25.12.2015. In the paint shop Malyar. From 12.12.2014 He worked as a partover in the same position.

As you can see, transfer to work on the main place of work with part-time can be issued without dismissing the part.

In difficult times of economic instability, many citizens face the vital realities who need the need for employment on external or internal combat rights to obtain an additional source of income. There are situations that force an employee to translate from the main place of work on a compatible. This may be due to production nuances associated with a decrease in the volume of work, for which the fulfillment of a full-time worker cannot be used. The reason for changing the format of labor relations may be personal circumstances of workers, as well as in the event that he found a higher paying job as the main one.

How to make a change of labor status

Changing the main on the compatible working status of an employee can be made within a single business entity or in the form of transfer to another company. The procedure can be decorated in several ways, each of which requires documentation.

Dismissal

Simple way to transfer an employee, is its design as a part-to-room after prior dismissal as the main employee. It is worth noting that the partification can be issued only after the recognition of another workplace main. The dismissal procedure is issued in a standard way and can be initiated as the personal desire of the employee and the Agreement of the Parties. Be sure to write a relevant statement by the employee, which is the basis for the preparation of administrative documentation on the termination of relations with the employee and the rupture of the employment contract.

When dismissing an employee, even in the case of restoring relations in the subsequent period as a part-time, the employer is obliged to pay compensation for unused vacation. Alternatively, an employee can offer to relax before dismissal. This method of translation has a negative side for workers, expressed in the events:

• when restoring relations with the commemorative rights, a trial period is established, which may be the basis for depriving the right to carry out activities in the new status due to non-compliance with the qualification requirements;
• the decoration of the vacation is possible only six months from the date of the new employment.

It should be noted that the efficiency of the event, expressed in the design of the dismissal and admission to work by one day, will not interrupt the work experience and will not violate pension rights.

Translation by compatibility from the main place of work without dismissal

Exemption from some and imputing other duties through the change of the format of labor relations may be issued through a temporary or permanent translation. Temporary translation is carried out only by agreement of the parties. Operations are relevant in a situation if the main employee is charged with additional tasks of the partner, at the time of the execution of which it will be released from the need to fulfill the main work.

Each entry in the employment record is the main document of the employee - must be completed properly. The rules for its design are settled by the Labor Code of Russia. Despite the presence of instructions for completing this document, many employees of the personnel department face the problems of formulating marks about the professional movement of the employee within the organization. Basically, they have questions about how the entry should be issued in the employment record on the translation to a permanent place of work, and how is the procedure for converting part-time in the main workplace.

Compatible

The term "partition" itself implies the form of secondary employment, in which anyone can receive additional earnings in a third-party organization. In this case, the management of the enterprise, which took part in the state of human part-time, may arrange labor relations with him, making an employment contract.

Recording about combination

At the personal request of the worker information that it works in another organization on a part-time basis, it can be reflected in his employment record. The mark is made at the main place of work, since the labor book can not be issued in the hands, except for cases of dismissal. This mark is not mandatory, and sometimes its presence is even undesirable. This is explained by the fact that some people do not want to inform their superiors on the main workplace on their additional earnings, since not all the leaders approve of part-time.

If the employee expressed his desire to making a part-time record, the personnel employee of the enterprise has no right to refuse it. After the part-time has issued a proper application for making a marking of part-time, the personnel at the main place of work should make it in the "Information about work" section as follows:

1. In the first column, the sequence number is recorded.
2. The second column records the date of acceptance of an employee for part-time work.
3. An entry with the name of the organization in which the employee was employed, with the name of the structural unit (subject to the presence of such an employment contract) and positions.
4. The last column indicates the name of the document, which is the basis for making this part-time entry.

Change of working conditions on part-time permanent job

The reasons for which part-time work should become the main workplace may be very much. When such a moment comes, employees of the personnel department are obliged to carry out the procedure for execution of the "new" employee, and it happens that they do not always know how to do it right.

Outputs from this difficult situation are several:

• modifying labor relations with a partner through his dismissal)
• changing the working conditions without dismissal.

As practice shows, at the time of the request of an employee about his translation from a part-time for a permanent job, he has already terminated the employment contract with the main employer and has an employment record in his hands with a record of dismissal. During this period, he is still considered a partover, despite the fact that he has no main workplace. In view of this, the question arises: can the partner's employment contract be automatically transformed into the main? Lawyers assure that no automatic transformation of labor relations does not happen, and therefore a change in the working conditions of the employee occur in accordance with the Labor Code.

This fact confirms the following:

• first, the change in the conditions of the employment agreement can occur only with the mutual consent of the applicant and the employer)
• secondly, the applicant who has ceased its activities on the main workplace, is not at all obliged to inform the authorities from the additional place of work.

Translation through dismissal

If you need to make additional work the main, experts recommend the option provided for by law. The Labor Code suggests that the change of labor relations with the conditions of compatibility on major occurs by dismissal. Consider the question of how to make an entry on the transfer to a permanent job in the workbook and arrange other documents.

Having at hand all the necessary forms, the frame of the enterprise, which is an additional job, must take a labor book from the employee with a record of dismissal from a permanent workplace. Often, the basis for such dismissal is the termination of an employment contract for the mutual agreement of the parties or his own desire of the subordinate.

In addition to the provision of an employment record, the part-time makes an application for dismissal in the name of the head of the additional workplace, and the latter publishes the appropriate order. Next, an entry on the dismissal is made to the labor book, the basis of which is the copy of the published order. After the implementation of these procedures between the employee and the management of the enterprise, where he worked on a part-time basis, a new employment contract is consigned in two copies, signs and certified by the organization.

The fact of signing the employment contract should be reflected in the employment record, which will tell you a new entry on employment under permanent conditions. Thus, quitting it from the additional place of work and after going there again, the employee ceases to be a applicant and receives a new main workplace.

Translation without dismissal

The above method of translation does not require any special entry into the workbook on the transfer to the permanent job of a person who worked as a partner. In addition, there is another transaction option. It is carried out by issuing an additional agreement attached to the employment contract concluded between the employer and the part-time. This method is approved by the Ministry of Labor of Russia, since it does not recognize a compatibility of the form of an employment agreement, but considers it just a condition for its preparation.

Since the terms of the contract are changed, and the employee goes to work into an organization on an ongoing basis, such changes in his career must be confirmed documented. In this case, there is an additional agreement between him and his leadership saying that both parties agree with the change in the working conditions of the employee in this organization. After the employee provided the workbook on the personnel department with a record of dismissal from the main workplace, the personnelovik is obliged to make a record indicating his translation within the enterprise. This entry looks like this:

• after writing about dismissal from the main workplace, the next sequence number is set)
• further indicates the transfer date from the additional workplace for permanent)
• an entry is made in the third column: "Part-time work is discontinued, continues to work as a main employee" (recording can have another wording at the request of the personnel))
• in the fourth column, a reference is recorded to a document that is the basis for this entry)
• finally, the record is assigned to the organization (seal) of the organization.

If there is no part-time entry

The translation of the partner to the main workplace without dismissal is possible only when the workbook has an initial entry about its admission to the organization on a part-time environment. If there is no such mark, the employer must issue an order for the reception of an employee under permanent conditions and make an appropriate entry into the employment record.

Another solution will be the decoration of the recording indicating the fact of receiving an employee as a applicant indicating the date that coincides with the time of his work activity at another enterprise, the former main workplace. The basis for this will be a copy of the order for the admission of an employee as a partner. Next, follow the procedure of translation using one of the two options described earlier.

As the Ministry of Labor of Russia says, the translation by dismissal-reception is the best solution. The legislation does not impede employers to change the terms of the contract with their subordinates (with mutual consent), which have a preliminary record of part-time. And it does not depend on whether a translation was carried out by dismissal or decorated in the form of another agreement towards the employment contract.

However, despite the simplicity of the procedure, which is the answer to the question of how to record in the labor book on the transfer to a permanent place of work, any employee must be prepared for the fact that, with further registration of the pension benefit, he may have small difficulties. Sometimes there are situations where the Pension Fund refuses to count in the overall work experience of working part-time work, and therefore it is necessary to be extremely attentive in the preparation of documents at the time of the transformation of the additional workplace in constant. This is mainly related to the date on the reception / dismissal, which should coincide with the date in orders about the movement of the employee within the organization.

The employer is going to translate the external part-to the main position at the enterprise. It is planned to place a translation, because the employee does not want to lose holiday days. However, the higher authorities insist that, first of all, the partner will have to dismiss, paying him compensation, and after that, to make a main position. Let's find out how to log in in this situation.

Opinion of experts on how to issue a translation of the external part-book to the main position

In the event that part-time work becomes a basic, preferred embodiment of labor relations will be the change in the status of work without termination of the employment contract. We will try to justify our conclusion.

If you give preference to the second option and do not stop existing labor relations in order to transfer the external partbook to the main position, you will need to sign an additional agreement for the previously concluded employment contract. This document will require an invalid condition for activities as a partner. The corresponding point is set out in the new edition or canceled. If the employer presents any new requirements for a former part-time, an additional agreement is allowed to change any other conditions of employment contract. For example, you can prescribe new working conditions or working time duration (Art. 72 of the Labor Code of the Russian Federation). In addition, it will not have to publish a new order for employment - the employer can issue an order in an arbitrary form to recognize the place of work the main one.

As for records in the employment record, it is clear that it can be said that the document should specify information about the new work, since it has become for the employee of the main (Art. 66 of the Labor Code of the Russian Federation). The current legislation does not regulate the strict procedure for making entries into the labor book for such a case. But it is possible to focus on clarifying in a letter of Rostrud dated 10/22/2007 No. 4299-6-1 and instructions for filling the workbooks (approved. Resolution of the Ministry of Labor of the Russian Federation of 10.10.2003 No. 69). It becomes clear that the procedure may be as follows:

Legislative acts on the topic

Typical errors

Error: The employer decided to translate the external part-to the main position in the organization. The employer believes that first it is necessary to dismiss the part-to-room, and then take it to the main position, concluding a new employment contract.

Comment: It is recommended not to interrupt labor relations, but to conclude an additional agreement to the employment contract in which it would be understood that the work is now for the employee of the main one.

Error:The employer issued the translation of the external partbook to the main position and did not update the records in the employment record.

What if the employee goes from a compatibility to the main place of work in the same organization? The order of such a transition is disputes. There is no unity. With that, the incorrect design of the employment record will entail adverse consequences for the employee, and for the employer.

Note that in the Labor Code there are no clear instructions, what to do when an employee from a part-book becomes the main employee. In practice, use multiple decoration techniques.

Dismiss then take

Many experts insist on its use. The employee is terminated by the employment contract on the context of a compatibility and conclude a new employment contract already at the main place of work. At the same time, as a basis for dismissal, you can use both special and general rules.

Special in this case will be the order prescribed in Article 288 of the Labor Code of the Russian Federation, where they say about the dismissal of the part-to-office in connection with the reception of his position of the main employee. The Labor Code does not limit the application of this article by the coincidence of the part-book and the main employee in one person.

The total rate is Article 77 of the Labor Code of the Russian Federation. The basis of the termination of the employment contract in this case can be as an agreement of the parties (paragraph 1 of Art. 77, Art. 78 of the Labor Code of the Russian Federation) and its own desire (paragraph 3 of Art. 77, Art. 80 of the Labor Code of the Russian Federation).

When dismissal, the part-book should pay compensation for unused vacation (Article 127, 286 of the Labor Code of the Russian Federation).

Cons for employees are turned in the following: the employer is entitled to establish a trial period when concluding a new employment contract (under the conditions of main work); The right to the next vacation arises only after six months of continuous work in the organization.

The pension rights of the employee will not be violated, the experience will not interrupt. Dismissal and reception will take one date.

Translation from partbooks in the main employees

The Labor Code of the Russian Federation provides for two types of transfers to another job: Temporary (Art. 72.2 of the Labor Code of the Russian Federation) and permanent. With constant translation, the employee can be translated:
- to a new job in the same organization;
- to another organization;
- To another locality with the organization.

Article 72 of the Labor Code of the Russian Federation permits the transfer to another constant work in the same organization. Speech in the article It is about another work.. That is, an employee is offered another position, or the main work on which it is translated will be considered another. Then the partwriter can be translated into other occupied position.

Registered by making changes to the employment contract. You should take an employee a written application for translation. Next, an order is published on the translating a partner to the main place of work. An appropriate recording record is made to the employment record.

In this case, it is not necessary to pay compensation for unused TPUCT. The employee does not interrupt the experience giving the right to vacation. The employer cannot establish an employee's trial period.

But! There are difficulties of such a translation

There is no official interpretation of the term "other work". As a rule, a different position is understood under this term. So, if the part-time becomes the main employee, but continues to fulfill labor functions in accordance with an employer in the same position, no "other work" does not arise. Only one condition of the employment contract is changed - partition disappears.

The employee's employment record may not be a record of employment as a part-time. After all, the record of work on part-time is made at the request of the employee at the place of its main work. Moreover, the external part-time employer has no right to make a similar entry. And in the absence of information about the part-time, it is impossible and making a record of translation. You can avoid this problem, if an employee, before moving to a new job, will ask the "main" employer to enter into an employment record of part-time work in the labor book.

If a record of part-time in the employment record is available, then you need to pay attention to the following. When making a translation into the labor book, a special entry of the following content is made: "Work on the terms of the partification is discontinued. Hired to work for the position of ________. "

It is necessary for the following reasons: when transferring to the employment record, an entry is made to work as a main employee. At the same time, the employment contract with the partover does not stop, but only changes. Therefore, it is necessary to designate that part-time responsibilities are no longer performed. Otherwise, in the future in various social bodies (for example, in the fee, the Pension Fund) may require a person to submit a clarifying certificate about how he worked. Only as the main worker or both as the main employee, and as an inner part-time at the same time.

The possibility of making a similar entry, which is not provided for in the TK RF, gives Article 66 of the Labor Code of the Russian Federation. According to this rate, in accurately in accordance with the wording provided for by federal laws, only records of the termination of the employment contract are made to the employment record. So, when making an entry record, retreat is possible ... There is a certain risk.

It should also be remembered that on the basis of part 1 of article 72.1 of the Labor Code of the Russian Federation, changing the name of the position without changing the labor function is not considered to be.

We complement the contract

Article 72 of the Labor Code of the Russian Federation. We draw up an additional agreement on the employment contract (Art. 57 of the Labor Code of the Russian Federation). Once partition is one of the terms of the agreement between the employee and the employer. This condition will change when moving to the main work in the same position.

Based on the Supplementary Agreement, we publish an order for the admission of an employee as a main employee. The workbook is issued by writing to the workbook on the termination of partnership.

Since the employment contract does not stop, the employee remains the work experience and the right to another vacation. Accordingly, paying compensation for vacation is not necessary.

There are weight issues. You need to prove that there has been a change in the employment of the employee (paragraph 1 of Article 77 of the Labor Code of the Russian Federation)

Output: The minimum risks of the conversion of the part-on to the main place of work is the dismissal of the part-to-work, followed by a permanent job.

Everything is much easier when transferring from one job to another. Record is made:

"Fired due to the transition to another job. Clause 5 of Article 77 of the Labor Code of the Russian Federation. " At the place of the new work in the employment record, it is indicated that the employee adopted in the order of translation. It should be noted that persons invited to work in order of translation in coordination between employers cannot be assigned a trial period.
In the event that the manual does not agree to dismissal in order of translation, the employee will have to quit on his own desire, that is, on the basis of paragraph 3 of Article 77 of the Labor Code of the Russian Federation.