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 labor function, nor isolated structural subdivision the employee in the situation under consideration does not change, which means that the transfer does not occur (Article 72.1 of the Labor Code of the Russian Federation).

Depending on which of these two options you choose, personnel records and records in work book employee will vary. 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 Sign a new contract with an employee labor contract 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 leaves 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 record
				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 his part-time job, and then he 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 record
				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 with the employee supplementary agreement to an employment contract that his "part-time" work will be his main
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.

Society with limited liability"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 worker 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 July 25, 2011 from Romashka LLC, the main place of work, the employee is re-registered in Fialka LLC from a part-time job to the main employee, not through dismissal and new trick to work, 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, he worked in the organization as a part-time worker from February 14, 2011 to July 25, 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 record
				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 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 record
				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 wages and unused days holidays. In general, the choice is yours.

The main service is a source of income to which everyone devotes most time of professional activity. At the same time, in order to improve their well-being, many are arranged to work additionally. Moreover, there is both an internal part-time job, when an employee is employed as a part-time job at the place of the main job, and an external one, when the second position is in another company. Each of the categories has its own characteristics, including sick leave, vacation, as well as the conditions under which a transfer from one type of employment relationship to another is possible. These questions will be covered in the presented article.

Sick leave at the main place of work and part-time

At the enterprise, the employee is obliged to make payments when providing sick leave. Their size depends on the insurance experience, in which you can get 100% of the salary. For this, the experience must be more than 8 years. When paying contributions by the insured person for 5-8 years, he is paid 80%, and with less than 5 years of experience, compensation will be 60%. The calculation of the sick leave is carried out by calculating the percentage due, depending on the length of service, from the average salary of the employee.

Part-time workers are also entitled to sick leave, but only on condition that the admission to an additional vacancy was carried out with the signing of an employment contract. This condition is mandatory, because only then the employer makes the necessary regular contributions for health insurance.

According to Labor Code receiving sick leave in both positions is possible only when the employee has worked on a permanent basis in both for more than two years. If the length of service is less, then he has the right to count on receiving payment from only one working enterprise.

Leave at the main place of work and part-time

Vacation at the main place of work and part-time leave are paid and calculated on the basis of. Whether part-time leave should coincide with the main place of work is also answered by this article. The employer is obliged to allow the employee to receive leave in both positions at the same time. If the vacation for additional work activities is shorter, then you need to apply at your own expense. The employer cannot refuse such a right. There is a situation when the part-time worker has not yet worked out the allotted time for granting him leave. Then it can be provided to him in advance, while making full payment.

Transfer from part-time to the main place of work - how to apply

The transfer of an employee to the main place of work from a part-time job has some difficulties in registration. It will be easier to fire an employee, and then draw up a new work contract. However, because of this, the employee loses certain benefits, as well as the right to a guaranteed vacation period. Therefore, translation often takes place.

How to transfer an employee from a part-time job to the main place of work? First of all, it is necessary to understand what kind of part-time job is being considered - external or within the same company. In case of external, first of all, dismissal from the main professional activity is issued. On the additional one, it is necessary to draw up an application for transfer, after which an additional agreement is drawn up, after which an order is issued. If the employee is an internal part-time worker, then it is possible to transfer him in two ways:

• Contracts are terminated in both positions, and then a new one must be drawn up;
• The agreement is canceled only in the main position, and in combination, an additional agreement is reissued, which notes the revised terms of the previous contract.

The first option always has a negative reaction from employees, as they lose vacation days and can get a probationary period.

Application for transfer to the main place of work from part-time - sample

An application for transfer must be drawn up in an arbitrary format, since a unified law does not establish. It must contain the following:

• Name and position of the subordinate and employer;
• Document's name;
• Request to transfer from a specific date;
• Date and signature.

This application must be approved by the manager, after which follow-up actions must be carried out in accordance with legal regulations.

Order on transfer from part-time to the main place of work - sample

After writing the application, it is required to revise the content of the employment contract, and then issue a transfer order. The regulation of professional relations in this way provides for a unified form of the T-1 order. Its sample contains the following information:

• Date and order number;
• Information about the need to transfer an employee from a certain date;
• Grounds for transfer;
• Date and signature.

The document is mandatory, therefore, in order to carry out this procedure according to the law, one should adhere to the basic rules.

Transfer from part-time to the main place of work - entry in the labor

Information about part-time work is entered in the work book at the place of the main job. If the positions held at the same enterprise, the entry in the labor is based on a change in working conditions, which is indicated along with the date and order number. If the part-time worker works in another company, you must first terminate labor Relations at the main job. Here, the entry in the work book will contain information about the dismissal, then the data on the transfer.

Thus, these working conditions have a certain relationship. If necessary, it is possible to make a transfer, in which the part-time worker can re-register this position as the main one.

Translation external part-time worker to the main place of work is carried out by agreement of the parties. Such employment is always accompanied by the dismissal of a part-time job from the previous main job. Consider the options and procedure for such a transfer.

Employment of an external part-time job at the main place of work

The legislation does not give clear answers about the procedure for such employment. Such legal relations do not fall under the very concept of translation, since, according to Art. 72.1 of the Labor Code of the Russian Federation, it includes a change:

• labor function of the employee;
• department or other division in which he worked;
• areas where work is carried out.

Therefore, the application of the term "translation" to this change in legal relations is not quite right.

There are usually 2 options for dealing with this situation:

1. Drawing up an additional agreement to an already existing contract, in which the conditions for external part-time work are changed to the conditions for the main job.

2. Dismissal of an external part-time worker with his subsequent employment at the main place of work.

There may be problems with the first option, since the legislation does not clearly regulate such legal relations. In particular, questions may arise about the execution of the entry in the work book provided for by the relevant standards, etc.

The second option seems to be the most appropriate in this situation, since it has a clear legal justification and is easily documented. But the choice remains with the parties labor relations. Therefore, further we will consider the details of the application of both options for transferring an external part-time job to the main place of work.

We recommend that you familiarize yourself with the documentary support of employment in the article “How is an employee hired?” .

Drawing up an additional agreement

To document the relevant changes in the legal relationship between the employee and the employer, the following steps should be taken:

1. The parties draw up and sign an agreement on amendments to the employment contract with the employee, which specifies the following:

• work for the employee is the main one;
• date of entry into force of the changes;
• certain provisions previously related to part-time work have become invalid;
• other provisions relating to the regulation of the work of the employee at the main place of work.

2. The employee must transfer to the employer a work book with a record of dismissal from previous place main job.

3. The employer needs to issue an order that the employee is accepted for the main job, and the external part-time job is terminated.

These 3 steps are basic. Additional steps will be:

• making an appropriate entry in the employee's personal card and familiarizing him with it under his signature;
• making a record of employment in the work book.

The specific entry in the work book depends on whether the previous employer indicated information about part-time work. Depending on this, the following options are possible:

• in the absence of such a record, an employment record should be made from the date the main work began with the new employer;
• if there is a specified record, a record should be made that, from a certain date on, the work has become the main one for the part-time employee.

These options were proposed by Rostrud in a letter dated October 22, 2007 No. 4299-6-1.

Dismissal of a part-time worker with subsequent employment

To apply this method, the employee must first be fired. To do this, it is advisable to use one of two dismissal methods:

• By agreement of the parties (Article 78 of the Labor Code of the Russian Federation). As follows from the specified norm, this ground can be applied at any time with the consent of the employer and employee.
• At the request of the employee that he has a desire to quit (Article 80 of the Labor Code of the Russian Federation).

The procedure for applying these grounds is normal. In other words, the fact that a part-time job will be transferred to the main job with the help of such a dismissal does not affect the procedure for dismissal.

Then, between the employer and the employee, an employment contract is drawn up, signed and enters into force for work at the main place. The next step is to issue an employment order for the employee. On the basis of this order, an entry is made in the work book on employment.

We will consider the procedure for employment in more detail in the next subsection. On the issue of dismissal, it is important to know the following.

The length of service that gives the right to leave at the main job will not depend on the length of service of the part-time worker that was before the dismissal. Therefore, upon dismissal, you should fully pay off the employee on this issue, if necessary, paying him compensation for unused vacation.

If there is no information about part-time work in the work book, then the record of the dismissal of the part-time worker should not be made in it. If there was such a record, then information about the dismissal of the part-time worker must be entered in the document.

The procedure for employment for a dismissed part-time worker

When concluding an employment contract, an employee who gets a job at the main place of work must present:

• identity card (passport);
• work book;
• OPS insurance certificate and other documents provided for in Part 1 of Art. 65 of the Labor Code of the Russian Federation.

Before signing an employment contract, a new employee at the main place of work must be familiarized with the documentation governing it labor activity(part 3 of article 68 of the Labor Code of the Russian Federation). In particular, you need to be aware of:

• with the rules of internal labor regulations;
• the procedure governing the use of personal data;
• regulation on remuneration (if any);
• documentation on labor protection;
• job description, etc.

It is important that the employment contract is signed after reading these documents, and not before.

The employment contract itself must be drawn up in writing in 2 copies. One signed copy will remain with the employer, the other will be given to the employee.

Employment at the main place of work can be formalized as a fixed-term or open-ended contract. By general rule is an indefinite contract.

If the contract is urgent, then when concluding it, all the conditions and formalities provided for in Art. 58 and 59 of the Labor Code of the Russian Federation. It is important to know that the conclusion of such an agreement in cases not specified in Art. 59 is prohibited.

Employment is necessarily accompanied by the issuance of an appropriate written order of the employer, with which the employee gets acquainted under the signature.

Entry in the workbook

Making an entry in the work book is a mandatory stage in the employment of an employee, which cannot be ignored or left “for later”.

The corresponding entry is made in the "Information about work" section of the work book. When filling out this document, the following procedure must be observed:

• in gr. 1 the serial number of the record is entered;
• in gr. 2 digits indicate the date of employment, for example: "11/30/2017";
• in gr. 3 reflects the name of the organization (full and abbreviated, if any), as well as records of the structural unit and job title;
• in gr. 4 reflects the details of the employment order.

After the registration of these records, the employer should familiarize the employee with them, fixing this fact in the work book and in the personal card in the form No. T-2.

IMPORTANT! The employer, in accordance with the law, is responsible for the correctness and timeliness of the execution of work books. Violation in this area may become the basis for liability under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

We recommend that you familiarize yourself with the innovations in this area in the article "Electronic work books - all the pros and cons".

Results

To call the employment of an external part-time worker to the main place of work a transfer is not entirely correct, since the concept of transfer in the Labor Code of the Russian Federation is given a slightly different meaning.

There are 2 ways to design. The first is accompanied by the conclusion of an additional agreement, according to which the conditions for external part-time employment become invalid, and the conditions for the main job, on the contrary, enter into it. The second option is accompanied by the dismissal of a part-time worker with his subsequent employment for the main job.

Both options have their own subtleties of design. If in the second case applies general order dismissal and hiring, then in the first it is possible to use the methods proposed by Rostrud, but not established by law. Therefore, the second option, regulated by the norms of the Labor Code of the Russian Federation, is considered preferable.

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 leaves 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 his part-time job, and then he 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: supplementary agreement dated 26.07.2011 No. 3 to the employment contract dated 14.02.2011 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, an employee has been working in Fialka LLC since February 14, 2011 (at the same time, he worked in the organization as a part-time worker from February 14, 2011 to July 25, 2011).

/ 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.