Advice 1: How to translate a core worker part time

According to article 282 of the labour code part-time - execution by the worker of other regular paid work under a labor contract in their spare time. At the same time, the law does not reglamentary procedures of regular worker on a part-time job. In practice, however, has developed two solutions to this issue.
How to translate a core worker part time
The first possible situation is an internal transfer with the same employer. Translation, including the main place of work in part-time workers is, in fact, a change of certain parties to an employment agreement, therefore, by virtue of article 77 of the labour code must be executed the same agreement in writing.
That is, when the dismissal from the main place of work, the employee may apply for transfer to a vacant position part-time. Then you, as the employer shall conclude with the employee an additional agreement to the labour contract. In this supplementary agreement, determine the new conditions of work, new working hours, etc., and the original employment agreement shall terminate.
But there is a small problem related to the requirements of the Instruction on filling of work books. According to this Instruction, employment records information about working part-time is made at the request of the employee at the principal place of business and in accordance with the same Instruction, in case of transfer of an employee in the work book should contain a record of previous and new locations (positions) of work. But you can not transfer the employee from one job to another, if the workbook does not have appropriate information about these works.
Another scenario - stop employment contract in main job (by agreement of the parties or on the initiative of the employee) fired and take on a part-time job through the publication of the relevant order and to conclude a new employment contract with the indication that this is the work part-time. What when the worker is employed part-time employment contract with him is in a General manner. The only difference is that the person taken as a part-time worker is not obliged to provide the prospective employer employment history; military registration documents and insurance certificate of state pension insurance.

This way of making the transition to regular worker part-time workers most often practiced by the employers.

Advice 2 : How to transfer the worker to a part-time primary work

If you have a main employee in accordance with labor legislation, and you would like to translate it into part time, then you should carry out the procedure of his dismissal. Once the employee get another job as a main, you will be able to take it part-time.
How to transfer the worker to a part-time primary work
You will need
  • - documents of the employee;
  • - forms of the relevant documents;
  • - documents of the enterprise;
  • - seal of the organization;
  • - labor laws.
Upon dismissal of the main employee , you must accept his statement. In this the employee has to register their request for resignation. The application shall contain the following information: personal data of the expert, leaving date, job title, Department, which issued the employee. The document is signed by the employee and initialed by the head of the enterprise, which he directed for consideration.
As a rule, the fact of dismissal must be documented. This is mandatory when the order of dismissal. In it, write the employee's personal data, the title of the post and the service in which he worked. In the administrative parts, specify the date of termination. Swipe proper certification of document, and familiarize the employee with it.
Accounting must calculate all payments, the situation of workers in case of dismissal. HR staff must make a record of the dismissal in the workbook to give her on the last working day, together with cash for the unused vacation time actually worked.
When the employee is issued with another company on a General basis, take him to the post of part-time. Carry out the procedure of adoption in accordance with the labor legislation governing the work of a concurrently employed person.
Accept from the employee a statement requesting admission to the post part-time, will sign an employment contract, which specify the conditions under which it was adopted. Note that you can work part-time can only spare work time. To pay for the performance of official duties of the employee, the employer must so that his wages did not exceed 50 % of the salary of specialists, designed according to General grounds.
Make an order for the appointment to the post and make a note of the combination. If the employee wish to formalize the employment relationship in the workbook, then you can not do, as the recording of additional positions remains a major employer.
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