According to Art. 282 of the Labor Code of the Russian Federation, part-time employment - an employee performing other regular paid work on the terms of an employment contract in his free time from the main job. At the same time, the law does not regulate the procedure for transferring the main employee to a part-time job. However, in practice, there are two ways of solving this issue.
Instructions
Step 1
The first possible situation is an internal transfer with one employer. Transfer, including from the main place of work to part-time jobs, is, in fact, a change in the terms of the employment contract determined by the parties, therefore, by virtue of Art. 77 of the Labor Code of the Russian Federation must be drawn up with an agreement of the same name, concluded in writing.
That is, upon dismissal from the main place of work, the employee has the right to apply for his transfer to a vacant position on a part-time basis. Then you, as an employer, must conclude an additional agreement to the employment contract with such an employee. In this supplementary agreement, define new terms of remuneration, new working hours, etc., and do not terminate the original employment contract.
Step 2
But there is a small snag related to the requirements of the Instruction for filling out work books. According to this Instruction, the entry in the workbook of information about part-time work is made at the request of the employee at the place of main work and according to the same Instruction, in the event of an employee transfer, the workbook should contain entries about previous and new places (positions) of work. But you cannot transfer an employee from one place of work to another if there is no corresponding information about these jobs in the work book.
Step 3
Another scenario is to terminate the employment contract for the main job (by agreement of the parties or at the initiative of the employee) and accept the person dismissed for a part-time job through the issuance of a corresponding order and the conclusion of a new employment contract indicating that this is part-time work. Moreover, when an employee is hired on a part-time basis, an employment contract with him is concluded in accordance with the general procedure. The only difference is that a person accepted as a part-time job is not obliged to provide the future employer with a work book, military registration documents, as well as an insurance certificate of state pension insurance.
This way of formalizing the transition of the main employee to part-time jobs is most often practiced by employers.
