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.

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

· 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 again formalize his employment in this position. A regular translation should be made. To begin with, the employee needs to write a statement where he will state his request to transfer himself from temporary to permanent job.

· 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 drawn up in two copies, which are sealed with the signature of the head 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 work book employee, 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.

The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director. The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal. Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification. The dismissal-transfer order is drawn up with reference to Article 77 of the Labor Code of the Russian Federation. The document is certified by the seal and signature of the manager. In addition, the employee also signs it. Part of the procedure ends with an entry in the labor report about dismissal and transfer to another institution. After this, the fired person receives money against payment and his personal card is closed.

Registration of transfer from temporary to permanent work

This follows from the provisions of Article 58 of the Labor Code of the Russian Federation and is confirmed by letter of Rostrud dated November 20, 2006 No. 1904-6-1. 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 after the fact of continuation of the labor relationship (i.e.

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.

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

In the absence of a justified refusal to hire a vacant position, the employer may face Negative consequences. Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare, Ministry of Health of Russia 3. Legal basis: LETTER from ROSTRUD dated November 20, 2006 No. 1904-6-1 [On a fixed-term employment contract] The Legal Department of the Federal Service for Labor and Employment has considered the appeal.

According to Article 58 of the Labor Code, in the case where neither party has demanded termination of a fixed-term employment contract due to its expiration and the employee continues to work after the expiration of the employment contract, the condition on the fixed-term nature of the employment contract loses force and the employment contract is considered concluded For undefined period. In this case, changes should be made to the employment contract by concluding an additional agreement.

How to transfer a temporary employee to a permanent job?

At the same time, the specialist continues to perform his functions after the contract has expired. After a fixed-term employment contract has expired, it automatically becomes concluded for an indefinite period. Additional agreement will be required. It will indicate that the contract is of unlimited duration, and the work changes in nature from temporary to permanent.

List of documents required to obtain permanent employment status within the organization: Application from a specialist with a request to apply for a permanent position. It should be written before the temporary contract expires. The document is drawn up in the name of the first person of the company. An order to transfer an employee from temporary to permanent work, issued on the basis of an application.

How is the transfer of an employee from a temporary job to a permanent one formalized?

If in this situation, by the term “rate” 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 job 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). Read more about the transition from temporary to permanent work here: The term of an employment contract is special condition agreement. In fact, if the deadline changes, then the fixed-term contract, that is, there is not a change in the concluded agreement, but the execution of a new agreement.

Therefore in in this case a 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.

Registration of transfer from temporary to permanent position

Important

If an employee is hired during the vacation of the main employee, then he must be dismissed in connection with the departure of the main employee. Dot. But, if the employer has a vacancy, then he can order to transfer the “temporary” employee to permanent place work. But all documents must be prepared before the end of the temporary work period.

If later, you will have to fire the employee first. Then he writes an application asking to be hired for such and such a position. And then you apply for this position. That is, not a transfer, but a hiring.
Well, a new employment contract. If you do this before the end of the “temporary work” period, then: First, the employee writes an application for transfer to a permanent place of work from such and such a date (on which the “temporary work” ends).
Director of an enterprise who wants to hire of this employee, writes a response letter of his consent, certified by the seal of the organization and the signature of the head of the enterprise. 3 Draw up a notice of transfer of this specialist to another employer two months before the transfer. Get written agreement employee in the form of familiarization with this notice. 4 Draw up an order for dismissal by transfer, referring to Article 77 of the Labor Code of the Russian Federation. Certify the document with the seal of the enterprise and the signature of the director of the enterprise.

Familiarize the employee with the order against signature. 5 After two months, make an entry in the employee’s work book about dismissal by transfer to another organization, issue cash for payment, close the personal card for the employee.

How to transfer from a temporary job to a permanent one in the same position

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 (Part 3 of Article 79 of the Labor Code of the Russian Federation). For more information about this, see How to formalize dismissal due to the expiration of an employment contract. At the same time, the main employee may quit before his expected date of return to work. Since the law does not prohibit him from filing a resignation letter during his temporary absence.

Return to Employee TransferEmployees of institutions may receive temporary status for a number of reasons. One of them is replacing another specialist in a position if he went on administrative leave, maternity leave, etc. But the former employee may subsequently quit. In this case, the question will certainly arise of how to transfer a previously accepted person from a temporary position to a permanent job.

Attention

The procedure does not imply a complex scheme of actions. It is not necessary to draw up a statement asking to be fired, and then follow it with a demand to be hired again. However, there are some nuances that are worth considering. They are related to paperwork. Article 58 of the Labor Code of the Russian Federation presupposes the presence of certain requirements.

A fixed-term employment contract may become invalid if neither the employee nor the employer has previously requested termination of the document due to its expired date.
Step-by-step instructions.

• When re-registering externally, the new employer draws up a written application using the full name of the head of the previous institution where the employee is employed. The invitation indicates the initials of the specialist, his position, as well as the date of planned admission to the new organization. The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director.
• The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal.
• Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification.
• The dismissal-transfer order is drawn up with reference to Article 77 of the Labor Code of the Russian Federation.

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 “rate” you mean another vacant position, 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 case of permanent transfer to another job (position), the previously concluded condition on the temporary nature of the work loses force, since in relation to new job the previous grounds for the urgent nature of labor relations no longer apply (part 2 of article 58, part 1 of article 72.1 of the Labor Code of the Russian Federation).
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 indefinite by default, even if the employer does not draw up an additional agreement to the contract to change the term (Part 4 of Article 58 of the Labor Code of the Russian Federation). Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia 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 his employment relationship with a temporary employee or not. 1. The employer is not interested in the work of a temporary employee.

Permanent Transfer: Sample Step-by-Step Procedure (General)

PERMANENT TRANSFER OF AN EMPLOYEE TO ANOTHER JOB:

SAMPLE STEP-BY-STEP PROCEDURE (GENERAL)

1. One of the parties (employee or employer) comes up with the initiative to permanently transfer the employee to another job.

The initiative can be “oral”. And the parties to the negotiations come to an agreement on a permanent transfer.

The idea of ​​permanent translation may also have written form, but this is optional.

Continuation of the first step step by step procedure permanent translation:

1.1. If the employee himself comes up with the initiative to transfer to another job, then he can write an application for transfer to another job (position). The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

1.2. If the employer takes the initiative to transfer an employee to another job, then he can make a written offer to the employee to transfer to another job (position). Working conditions for the proposed position are usually described in the employer's offer, copy job description attached to the employer's written offer so that the employee can familiarize himself with labor responsibilities by position to make a decision on transfer.

The proposal is drawn up in two copies and registered in the manner established by the employer, for example, in the register of notifications and proposals to employees. One copy of the proposal is given to the employee. On the second copy (which remains with the employer), the employee writes that he has read the offer, received one copy, puts the date of receipt, and signs. If the employee agrees to the transfer, then he can put an “agreement note” on the employer’s proposal or write a statement of consent to the transfer.

The employee’s application is registered in the manner established by the employer, for example, in the employee applications register.

2. Familiarization of the employee with his job description(for a new position), other local regulatory legal acts directly related to his new labor activity, - important step Vstep-by-step procedure for permanent transfer.

The procedure for familiarizing yourself with local regulations is not defined by the code, in practice there are various options:

Familiarization sheets are attached to the local regulatory act, on which employees put signatures confirming familiarization and the date of familiarization (such sheets are stitched together with the local regulatory act),

Maintaining logs of familiarization with local regulations, in which employees put signatures confirming familiarization and indicate the dates of familiarization.

A certain procedure for familiarizing yourself with local regulations may be enshrined in one of the employer’s local regulations. Find out your employer's procedures for familiarizing employees with local regulations before you begin introducing them to the employee.

3. Signing the transfer agreement between employee and employer.

If there are grounds, an agreement on full financial liability or an agreement to amend the existing agreement on full liability.

The agreement and contract are drawn up in two copies (one for each party), unless more copies are provided for a given employer.

4. Registration of the transfer agreement and an agreement on full financial liability in the manner established by the employer. For example, an agreement can be registered in the register of agreements for employment contracts with employees, and an agreement on full financial liability - in the journal of registration of agreements on full financial liability with employees.

5. Handing the employee his copy of the transfer agreement.

The employee’s receipt of a copy of the agreement should be confirmed by the employee’s signature on the copy of the agreement remaining in the custody of the employer. We recommend that you put the phrase “I have received a copy of the agreement” before your signature.

If an agreement on full financial responsibility is signed with the employee, then one copy of it is also given to the employee.

6. Issuance of an order (instruction) on the transfer of an employee to another job.

7. Registration of an order (instruction) in the order established by the employer, for example, in the log of orders (instructions).

8. Familiarization of the employee with the order (instruction) under under writing

9. Making an entry about the transfer in the employee’s work book.

Information about transfers to another permanent job is entered into the work book (Part 4 of Article 66 of the Labor Code of the Russian Federation).

10. Reflection of information about the transfer in the employee’s personal card.

According to clause 12 of the “Rules for maintaining and storing work books, producing work book forms and providing them to employers”, approved by Decree of the Government of the Russian Federation of April 16, 2003 N 225 “On work books”, with each entry made in the work book about the work performed, transfer for another permanent job and dismissal, the employer is obliged to familiarize its owner with a signature on his personal card, which repeats the entry made in the work book. The form of the personal card is approved Federal service state statistics.

Employees of institutions can receive temporary status for a number of reasons. One of them is replacing another specialist in a position if he went on administrative leave, maternity leave, etc. But the former employee may subsequently quit. In this case, the question will certainly arise of how to transfer a previously accepted person from a temporary position to a permanent job. The procedure does not imply a complex scheme of actions. It is not necessary to draw up a statement asking to be fired, and then follow it with a demand to be hired again. However, there are some nuances that are worth considering. They are related to paperwork.

How to translate

The procedure for transferring an employee from a temporary job to a permanent one is regulated by Article 58 of the Labor Code of the Russian Federation. According to it, a fixed-term employment contract concluded with a citizen when hiring on a temporary basis automatically acquires the status of “indefinite” after the expiration of the validity period specified in it if there is no initiative from either party (employee, employer) to end the employment cooperation.

In order for a fixed-term employment contract to officially accept the status of an open-ended one, it will be necessary to conclude a corresponding additional agreement in which this will be indicated.

The peculiarity of transferring a subordinate from a temporary job to a permanent one is that it can take place both inside and outside the organization. To carry out an internal transfer, you will need to draw up an order and make a corresponding entry in the work book. For an external transfer, you will first have to remove the employee from his position with one employer and then apply for a job with another.

The step-by-step translation procedure is as follows:

• When transferring externally, the new boss fills out an application in the name of the previous employer where the transferred employee currently works. The document specifies the employee’s details, his position, as well as the date of his potential assumption of a new position. Afterwards, the petition is numbered, sealed and signed by the authorities;
• Next, the current employer issues an appeal to the subordinate’s future boss. There is an exchange of consent responses, certified by the seal and signature of the organizations;

An application for an external transfer from a temporary to a permanent job must be made at least 8 weeks before the transfer itself. This will require obtaining written consent from the subordinate.

• Next, a dismissal-transfer order is drawn up (in accordance with Article 77 of the Labor Code of the Russian Federation). The document is also certified by the seal and signature of the employer. The employee himself puts his personal signature on it;
• A record of dismissal due to transfer to another organization is entered in the work book. The dismissed employee receives a paycheck;
• Afterwards, the employee submits an application for employment in a new institution and enters into a permanent employment contract. An employment order for a new position is also drawn up in connection with a transfer from another organization. A new personal employee card is opened.

If we're talking about O internal translation, within one company, it is carried out as follows:

• The previously transferred employee is notified of the potential transfer at least two months in advance in writing;
• If he agrees, the employee puts a date and personal signature on the notice;
• Afterwards, an additional agreement is drawn up, which indicates the fact of a change in the nature of the duties, from temporary to permanent;
• Next, an order is drawn up. The position is assigned, the size is determined wages, place of work and other nuances;
• At the end of the internal transfer procedure, a corresponding entry is made in the work book.

Required documents

We invite you to familiarize yourself with list of documentation, is required to carry out the procedure for transferring an employee from temporary work to permanent:

• A petition from an employee requesting his transfer from a temporary position to a permanent one. Drawed up before the expiration of the temporary contract;
• An order to transfer an employee from a temporary job to a permanent one, drawn up on the basis of a submitted application. It contains the following information:

1. Type and basis of translation;
2. Details of the specialist;
3. Old and new position (if it changes);
4. Number, date of conclusion of the new and expiration of the old employment contract;

• A new employment contract, which specifies the position agreed upon with the subordinate, the amount of wages, as well as his rights and obligations. Issued in two copies;
• Job description;
• A work book in which a new entry will be made;
• An order to change the staffing table and the employee’s vacation schedule.

Employees of institutions can receive temporary status for a number of reasons. One of them is replacing another specialist in a position if he went on administrative leave, etc. But the former employee can. In this case, the question will certainly arise of how to transfer a previously accepted person from a temporary position to a permanent job. The procedure does not imply a complex scheme of actions. It is not necessary to draw up a statement asking to be fired, and then follow it with a demand to be hired again. However, there are some nuances that are worth considering. They are related to paperwork.

Transfer from a temporary position to a permanent one according to the Labor Code of the Russian Federation

Assumes certain requirements. A fixed-term employment contract may become invalid if neither the employee nor the employer has previously requested termination of the document due to its expired date. At the same time, the specialist continues to perform his functions after the contract has expired.

Attention

After a fixed-term employment contract has expired, it automatically becomes concluded for an indefinite period. Additional agreement will be required. It will indicate that the contract is of unlimited duration, and the work changes in nature from temporary to permanent.

Required documents

List of documents required to obtain permanent employment status within the organization:

• Application from a specialist with a request to apply for a permanent position. It should be written before the temporary contract expires. The document is drawn up in the name of the first person of the company.
• An order to transfer an employee from temporary to permanent work, issued on the basis of an application. It contains the following information:
  -type and reasons for re-registration;
  - initials of the specialist;
  -previous and new places of employment;
  - number, date of signing and completion of the previously concluded labor document.

• New agreement. It must reflect the position, salary, rights and obligations. Drawed up in two copies. Signed by both parties and sealed with the company's seal.
• Job description. You will also need a note in the work book indicating the position, date and order number.
• A statement about what has changed staffing table and the employee's vacation schedule.

For your information

There is an alternative way of registration - to terminate the temporary contract. But in this case the period of service is interrupted. A new order, card, file will be required. This procedure is a necessary measure. They resort to it only when the necessary papers for re-registration for permanent work have not been prepared before the expiration of the temporary document.

All documents require signatures of both parties and are certified by the seal of the organization.

Order to transfer an employee to permanent work

The order to transfer an employee to permanent work has a unified form No. T-5. The form, taking into account the specialist’s consent given in writing, is filled out by an employee of the HR department.

Step-by-step translation instructions

The specificity of the procedure for transferring an employee to a permanent job is that it can be carried out both within the organization and with a transfer to another employer. For internal transfer, an order and an entry in the work book are sufficient. For an external one, you will need to leave one employer and apply for employment with another.

Step-by-step instructions.

• For external re-registration the new employer draws up a written application using the full name of the head of the previous institution where the employee is employed. The invitation indicates the specialist’s initials, his position, as well as the date of planned admission to the new organization. The letter is assigned a number and date, it is certified by the seal of the institution and signed by the director.
• The current boss is writing a letter to the future boss. This is followed by the answer - the consent of the new manager, certified by signature and seal.
• Notification of an external transfer to a permanent job is provided at least 8 weeks before the procedure. The employee's consent will be required in writing. In it, he will have to indicate that he is familiar with the text of the notification.
• The dismissal-transfer order is drawn up with reference to. The document is certified by the seal and signature of the manager. In addition, the employee also signs it.
• Part of the procedure ends with an entry in the labor report about dismissal and transfer to another institution. After this, the fired person receives money against payment and his personal card is closed.
• The specialist who has received the book draws up an application with demands to accept him for permanent employment; an agreement is concluded with him that does not imply probationary period. An order document on admission to a position through transfer from another institution is also generated. A new personal card is issued.
• For internal re-registration The specialist is notified in writing about the procedure for transferring an employee from temporary to permanent work two months before the start of preparation. The employee confirms consent with a dated signature or statement.
• An additional agreement to the contract is concluded taking into account the changed responsibilities. Based on the agreement, an order is created. The position, initials, transfer department, and salary amount are discussed.
• The relevant data is recorded in the work book.

Transfer of an employee from a permanent job to a temporary one

The placement of a temporary employee occurs with reference to. According to its requirements, a fixed-term contract is drawn up with the employee, implying a certain period of validity.

Translation stages.

• The applicant draws up an application letter with an assigned serial number addressed to management personnel.
• Copies of the documents of the future temporary worker are taken - passport data, SNILS, INN, diploma. A driver's license and medical record may be required.
• An acceptance order is issued. In the “conditions” line, “temporarily” is written with the dates indicated. Signed by both parties.
• An urgent emergency is being formed labor document, where the rights, responsibilities and nature of employment are prescribed. If it is intended to temporarily fill the place of the main specialist, then the initials of the main person are indicated. The payment procedure and working hours are prescribed. In certain cases, a fixed-term contract requires additional agreements. Usually we are talking about situations where key personnel extend their vacation for various reasons.
• The temporary worker’s personal file is completed and a personal card is created.

Nuances

The nuances of re-registering a temporary specialist for a permanent job are important for those who want to minimize the number of errors. You need to know the exact wording of the terms of the Labor Code of the Russian Federation, as well as the process of drawing up documents, the number of required samples and other information.

• Transfer is an appointment to a specific position that requires consent from the employee.
• The agreement on re-registration includes the main points of the procedure, is drawn up in two copies, signed by both the employee and the manager.
• The transition period is the time period during which this procedure occurs. Negotiated individually with the employee.
• An employment contract reflects data on rights, responsibilities, and salary.