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You have an employee on your staff who has a temporary contract. During the period of working with him, you took a closer look at him, recognized his qualities and work abilities, and decided to leave him in your organization for an indefinite period of work, that is, for a permanent position. In this regard, a logical question arises: how to transfer an employee from a temporary job to a permanent one?

How to transfer an employee from a temporary job to a permanent one

· To do this, you must enter into a permanent work agreement with the employee. And it is absolutely not necessary to carry out the procedure for dismissing an employee, and then register his employment again. this place. Should be made regular translation. To begin with, the employee needs to write a statement where he will state his request to transfer himself from temporary to permanent work.

· In this application, he indicates the period of his work and the position he holds. The employee must be transferred before the expiration of the temporary contract. If this is not done in time, the employee will have to be fired and rehired, which means that the length of service earned for vacation will be reset to zero.

· After receiving the application, an order for the transfer of the employee is issued, which also indicates the duration of work, the position of the employee, the contract number, the date of its conclusion, etc.

· What follows is the procedure for concluding an employee employment contract for an indefinite period. This agreement specifies the following data: the employee’s position, the salary assigned to him, the conditions in which he works and the conditions. Responsibilities and rights on the part of the employer and employee. This employment contract is drawn up in two copies, which are sealed with the signature of the manager and the seal of the enterprise. One copy of the agreement will be kept by the employee, the second copy will be given to the HR department.

· Notes are also made in the employee’s work book, recording the transfer by serial number and date.

· If an employee works part-time for you with another job, then you need to understand how to transfer the employee from a temporary job to a permanent one in this situation. The employee must either independently resign from another job in order for you to hire him to a permanent position, or the employee’s second employer must transfer him. But for this, it is advisable for the employee to provide a note about your desire to hire him for permanent work at a parallel place of work.

Transfer from temporary position to permanent position

Tatyana Yakovleva Enlightened (31536) 2 years ago

1. First, it should be noted that dismissal in this case is not necessary; transfer is sufficient.

2Write an application addressed to the manager with a request to transfer to a permanent job. Also indicate in the document the position and period of work. The application must be submitted before the end of the temporary employment contract. Otherwise, you will have to apply the dismissal procedure, which means that the vacation experience will be accrued from scratch.

3 Then they will issue an order to transfer you to a permanent basis; the document will also indicate the period of his temporary work, the expiration date, conclusion and number of the employment contract.

4 After this, an employment contract will be concluded. They will write down the position, salary, working conditions and details of both parties. The employment contract will be drawn up in two copies, one of which will be sent to the HR department, the second - with you

5 an entry will be made in the work book.

Other answers

Registration of transfer of an employee from temporary to permanent work

Problem

Good day! The situation is this:

Irina worked as a cleaner. She was temporarily transferred to the position of social worker during the maternity leave of the main employee Maria.

During Irina’s absence, we hired Zoya under a fixed-term employment contract.

Maria left maternity leave early and on the same day she was transferred to the position of manager. They made an order for the transfer of Maria, as well as for the transfer of Irina (that is, they recognized Irina’s transfer as permanent), and they took statements from them agreeing to the transfers.

On this day, Zoya was on sick leave, and Nina also worked in her place on a fixed-term contract. Since Zoya broke her arm, she also took a vacation after her sick leave.

The problem is that I don’t know from what date to make an order to transfer Zoya to a permanent basis and, accordingly, from what date to take an application from Zoya.

In fact, there was a fixed-term employment contract with Zoya and neither party demanded its termination. But somehow I had to notify the accounting department that the employee had been transferred to a permanent job.

Please explain how to resolve this situation.

Question: The employer issued an order to temporarily transfer an engineer to the position of head of a department for a period of 1 year. Later, but before the expiration of this period, a decision was made to appoint him to this position on a permanent basis. In this situation, should an order be issued to transfer the engineer to the position of head of a department on a permanent basis, or an order to transfer from a temporary job to a permanent job as a department head? (response from the Legal Consulting Service GARANT, April)

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Hello. I have been working in a bank for 2 years. My permanent position is as a consultant. I want to transfer as an operator, but I was offered only a temporary position instead of a maternity leaver. And to do this, I will need to resign from my permanent job after they hire me as a temporary one. Is this legal? Can I transfer to a temporary position without being fired?

Alexey Vladimirovich(04/13/2016 at 21:45:43)

Hello,

The law provides for 2 procedures for transferring employees:

a) temporary transfer;

b) permanent transfer.

For any such transfer, the employee's consent to such transfer is required. The conditions of the first transfer are regulated in Art. 72.1 Labor Code of the Russian Federation:

Transfer to another job is a permanent or temporary change in the labor function of an employee and (or) the structural unit in which the employee works (if the structural unit was indicated in), while continuing to work for the same employer, as well as transfer to work in another area along with employer. Transfer to another job is permitted only with the written consent of the employee, except for the cases provided for in parts two and three of Article 72.2 of this Code.

At the written request of the employee or with his written consent, the employee may be transferred to permanent work with another employer. In this case, the employment contract at the previous place of work is terminated (clause 5 of part one of Article 77 of this Code).

Relocation from the same employer to another does not require the employee’s consent workplace, to another structural unit located in the same area, entrusting him with work on another mechanism or unit, if this does not entail a change in the terms of the employment contract determined by the parties.

It is prohibited to transfer or relocate an employee to a job that is contraindicated for him due to health reasons.

Since when you transfer from the position of a consultant to the position of an operator, there is a change in your job function, then for such a transfer you will need to conclude a new employment contract, or draw up an additional one. an agreement into force, under which a new job function and job responsibilities of an operator will be added to your employment contract.

If you are planning to take a temporary position, you must remember that the employer enters into an agreement with you only until the main employee returns from maternity leave. As soon as he leaves, your employment in this temporary position will be terminated. In this case, the employer can transfer you to another vacant position, based on the level of your skills or qualifications and the availability of vacancies.

Oleg Eduardovich(04/14/2016 at 05:42:23)

Good afternoon.

If you quit and then are hired to take the place of a maternity leaver, then after she returns to work you will simply be fired. In accordance with Article 256, upon application by a woman, she is granted until she reaches the age of three years. She retains her place of work (position). She can interrupt this vacation at any time and go to work. To do this, she must submit a corresponding application.

This is why you are being asked to resign.

If you need more detailed advice or assistance in this matter, please contact me by email. mail or call, contacts are listed below. I'll be glad to help.

Ivanenko Anzhelika(04/14/2016 at 08:49:55)

Hello. It would be illegal to quit your job. You and your employer have entered into an employment contract, which governs your employment relationship. Dismissal involves termination of the employment contract with all the consequences of termination of the employment contract, which are provided for in Chapter 13 of the Labor Code of the Russian Federation. In your case, the employment relationship with the employer does not terminate, but the conditions of the labor functions you perform with the same employer change, therefore there is a change in the employment contract, the provisions of which are regulated by Article 72.1 of the Labor Code of the Russian Federation. Your written consent is required to change the essential terms of the employment contract. Since this happens on your initiative, your consent can be expressed in

Photos on the topic

Quick step by step guide

Step - 1
First, it should be noted that dismissal in this case is not necessary; transfer is sufficient. Having done this, move on to the next steps.

Step - 2
Ask the employee to write a statement addressed to the manager with a request to be transferred to a permanent job. He must also indicate in the document the position and period of work. The application must be submitted before the end of the temporary employment contract. Otherwise, you will have to apply the dismissal procedure, which means that the vacation experience will be accrued from scratch. Having done this, move on to the next steps.

Step - 3
Then issue an order to transfer the employee to a permanent basis, and also indicate in the document the period of his temporary work, the expiration date, conclusion and number of the employment contract. Having done this, move on to the next steps.

Step - 4
After this, enter into an employment contract for an indefinite period. Write down the position, salary, working conditions and details of both parties. At the end, sign, hand the document to the employee for signature, then confirm the accuracy of the above information with a blue imprint of the organization’s stamp. Draw up the employment contract in two copies, one of which is given to the HR department, the second one is given to the employee himself. Having done this, move on to the next steps.

Step - 5
Next, you need to make an entry in the employee’s work book. To do this, enter the serial number and date. Next, write that the employee has been transferred to permanent work, then enter the order number. Having done this, move on to the next steps.

Step - 6
After this, you need to issue an order to change the staffing table and vacation schedule. Based on this document, make changes to the above forms. Having done this, move on to the next steps.

Step - 7
If an employee worked for you as an external part-time worker, he must quit his previous job or transfer to you. To do this, you can write a certificate stating that you agree to hire this employee for permanent employment. The second employer will make a transfer based on it.
We hope the answer to the question - How to transfer an employee from a temporary job to a permanent one - contained useful information for you. Good luck to you in your Work and Career! To find the answer to your question, use the form -

Hello! The employee was hired under a fixed-term employment contract for the period of parental leave of up to 3 years of the main employee. The main employee is on vacation until 2017 and has no intention of going back. On at the moment We have a vacancy and we would like to transfer a temporary worker to a permanent basis, since the worker is a good one. How to apply correctly? Will it be enough to conclude an additional agreement to the employment contract, where to stipulate that the employment contract is considered concluded for an indefinite period? Or through dismissal? Thank you!

Answer

Answer to the question:

IN in this case the following are possible options.

1. First of all, it should be noted that labor legislation does not contain the concept of “rate”.

If in this situation by the term “bet” you mean the same position, and the terms of the employment contract do not change (except for the term of the employment contract), then we cannot talk about transfer, because transfer involves a change in labor function, structural unit (if it is specified in the employment contract), transfer to another location together with the employer (Article 72.1 of the Labor Code of the Russian Federation).

The term of the employment contract is a special condition of the contract. Essentially if the deadline changes, then the fixed-term contract itself changes, that is there is not a change in the concluded contract, but a formalization new agreement.

Therefore, in this case, the fixed-term employment contract should be terminated at the initiative of the employee or by agreement of the parties, and then an employment contract should be concluded for an indefinite period.

At the same time, we must not forget that an employee who is on maternity leave retains her place of work (position) and, if you again hire an employee to replace her, a fixed-term employment contract will be concluded.

If by “bet” you mean another vacant job title, then a transfer will take place (Article 72.1 of the Labor Code of the Russian Federation).

In this case, it is necessary to conclude an additional agreement on changing the employee’s labor function and other terms of the employment contract (if such a change occurs) and issue a transfer order on its basis.

In the event of a permanent transfer to another job (position), the previously concluded condition on the temporary nature of the work loses force, since in relation to the new job the previous grounds for the urgent nature of the labor relationship no longer apply (Part 2 of Article 58, Part 1 of Article 72.1 of the Labor Code of the Russian Federation ). The exception is the case when new job There are also grounds for concluding a fixed-term employment contract (for example, the main employee is temporarily absent, etc.). Under these circumstances, the condition of urgency of the relationship may be maintained.

2 . If the term of the employment contract has expired (in the event of the main employee’s absence from work), but neither party has demanded its termination, then the urgency condition loses force, and the employment contract is considered concluded for an indefinite period (Part 4 of Article 58 of the Labor Code of the Russian Federation) . However, if you still want to record the fact of changing the term of the employment contract (since the term is prerequisite employment contract (Article 57 of the Labor Code of the Russian Federation)), then in this case it is possible. This follows from the provisions of the Labor Code of the Russian Federation and is confirmed.

In this situation there is a risk that your employee, who is on maternity leave, changes her mind about terminating her employment, and then, in connection with her return to work, you will have to terminate the employment contract with the temporary employee, if by this time it is not possible to transfer her to another position .

3. Also, if the decision to extend the relationship is made before the expiration of the employment contract, then it can be recommended to conclude an additional agreement recognizing the contract as indefinite, but indicate that this agreement comes into force on the day following the day of expiration of the term under the originally concluded contract. And then, upon the continuation of the employment relationship (i.e., on the date of entry into force of the additional agreement), issue an order stating that the employment contract in connection with the continuation of the employee’s work is of an indefinite nature. Here, too, there is a risk that the main employee will return to work, and the agreement on the open-ended nature of the employment contract will not be valid.

Details in the materials of the Personnel System:

1. Answer: Question from practice: is it possible to change the term of a concluded employment contract?

No, you can't.

The term of the employment contract is a special condition of the contract. In fact, if the term changes, then the fixed-term contract itself changes, that is, it is not a change in the concluded contract, but a new contract is drawn up. The legislation does not provide for the possibility of extending or shortening the term of an employment contract. The only exception applies individual cases. For example, if at the end of a fixed-term contract, none of the parties demanded its termination, and the employee continues to work, then the contract becomes indefinite and can be extended by. This follows from the provisions of the Labor Code of the Russian Federation and is confirmed.

If the decision to extend the relationship is made before the expiration of the employment contract, then it can be recommended to conclude an additional agreement recognizing the contract as indefinite, but indicate that this agreement comes into force on the day following the day of expiration of the term under the originally concluded contract. And then, upon the continuation of the employment relationship (i.e., on the date of entry into force of the additional agreement), issue an order stating that the employment contract in connection with the continuation of the employee’s work is of an indefinite nature.

A question from practice: is it possible to extend a fixed-term employment contract without terminating it, or do you need to fire an employee and then hire him again. The contract is coming to an end, but the work is not yet completed

The answer to this question depends on how long the employer wants to extend the contract with the employee.

If an organization intends to extend the employment relationship with an employee for a certain period, this can only be done through dismissal and hiring under a new fixed-term contract.

This is due to the fact that a fixed-term employment contract is concluded for a certain period, but not more than five years (Article , and Labor Code of the Russian Federation). There is no possibility or procedure for extending a fixed-term employment contract. Therefore, in general, the extension of the term of an employment contract is the basis for recognizing it as indefinite. The exception is situations when:

• The fixed-term employment contract expires during the woman’s pregnancy. Then the employer, upon a written application from the employee, can extend the term of the employment contract until the end of pregnancy (). In some cases, a fixed-term employment contract with a pregnant employee;
• An employee is elected through a competition to fill the position of a scientific and pedagogical worker previously occupied by him under a fixed-term employment contract ().

Thus, in the general case, an organization does not have the right to draw up an additional agreement to a fixed-term employment contract to change its validity period for a certain period. An organization can only conclude a new employment contract after dismissing an employee. The legitimacy of this position is confirmed by Supreme Court RF in .

If the employer, with the consent of the employee, intends to extend the employment relationship indefinitely, then this can be done without going through the dismissal procedure. To do this, at the end of the fixed-term contract, neither party should demand its termination; the employee must continue to work. Then the contract becomes indefinite and can be extended. This follows from the Labor Code of the Russian Federation and is confirmed.

An exception to this procedure applies to heads of organizations for which the validity period of the employment contract is established by the constituent documents of the organization and the norms of federal legislation (). In any case, they need to be fired and accepted for a new term, defined in the statutory documents.

Nina Kovyazina,

2. Answer: When does a fixed-term employment contract expire?

A fixed-term employment contract is terminated in connection with, that is, with the onset of a certain date or event specified in the contract. This is stated in the Labor Code of the Russian Federation.

Advice: Keep a log of the end of fixed-term employment contracts. This will give you the opportunity to fulfill the requirement of the Labor Code of the Russian Federation, that is, about the upcoming dismissal, if the employer does not plan to continue the employment relationship with him.

If the organization at the time or during the work process has available vacancies that are suitable for the employee, including vacancies of the same name, then the employer should offer them to the temporary employee.

Question from practice: is an employer obliged to offer an employee hired under a fixed-term employment contract during the absence of the main employee a position of the same name that was vacated by another main employee?

There is no obligation to offer a vacant seat. In this case, the employee himself can come up with such an initiative and send a resume to the open vacancy.

The conclusion of a fixed-term employment contract is possible only if there are provisions established by law. One of these grounds is the temporary absence of a key employee. This basis is specified when hiring and must be recorded in the text of the employment contract. This follows from the provisions of articles of the Labor Code of the Russian Federation.

A temporary employee can become a core employee only in two cases:

• if a fixed-term employment contract was made by mistake or intentionally when the main employee returned to work, during whose absence a temporary one was accepted ();
• if the employer, on its own initiative, invites the conscript employee to take any position as a main employee, including the one he occupies temporarily (). For example, if the main employee, in whose place a temporary conscript was hired, decides to leave the organization or is transferred to another position.

Thus, the legislation does not contain an obligation to offer a conscript employee hired during the absence of the main employee a position of the same name that was vacated by another main employee. Such an offer is possible only if the employer wishes.

At the same time, the employee has the right to come up with such an initiative and send a resume to an open vacancy. In this case, the employer will be obliged to either register the employee for the vacated position, or provide evidence confirming why the temporary employee cannot apply for the position of the same name as a main employee (). In the absence of a justified refusal to hire a vacant position, the employer may suffer.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

3. Legal framework:

LETTER ROSTRUD dated November 20, 2006 No. 1904-6-1

[About a fixed-term employment contract]

The Legal Department of the Federal Service for Labor and Employment reviewed the appeal.

Attention: if a fixed-term employment contract was not terminated in a timely manner and the employee continues to work, then such a contract will be considered unlimited-term by default, even if the employer does not draw up an additional agreement to the contract to change the term ().

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

5. Question from practice: what to do with a temporary employee who was hired during the absence of the main employee, if the latter plans to quit

The employer's actions will depend on whether he plans to continue the employment relationship with the temporary employee or not.

1. The employer is not interested in the work of a temporary employee.

In order for an organization to fire a temporary employee, the main employee must return to work for at least one day after the end of the period of absence. Including on this day, the main employee may have a vacation at his own expense if he is not able to work it for some reason. The fact is that, according to the law, a fixed-term contract concluded to fulfill the duties of a temporarily absent main employee is terminated when he returns to work (). See more about this). The legality of this approach is also confirmed by the courts (see).

In such a situation, the employer can:

• negotiate with the temporary employee about dismissal;
• and if such an agreement is not reached, fire him for, for example, in connection with.

2. The employer is interested in a temporary employee.

If the organization plans to continue the employment relationship with a temporary employee, then at the end of his contract:

• neither party should demand its termination;
• and the employee is obliged to continue to perform his job functions.

Nina Kovyazina,

Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Russian Ministry of Health

With respect and wishes for comfortable work, Natalya Nikonova,

HR System expert

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