Additional part-time work. Exception for certain days. For workers in the company

Labor legislation allows additional workload for enterprise employees. Performing duties can be carried out simultaneously with the main job or in free time.

What constitutes part-time work and combination in one organization, for how long they are possible, how these concepts differ, will be discussed in this article.

What is part-time work

Part-time job – full performance of duties with the conclusion of an employment contract. Work is carried out independently of main responsibilities and in free time. Its legality is established by Article 60.1 of the Labor Code of the Russian Federation and is regulated by Ch. 44 Labor Code of the Russian Federation. The procedure for additional work of teachers and physicians is determined by Government regulations issued for each category of such persons.

Assumes the presence of vacant positions. After employment, the employee is assigned an independent personnel number.

The employee's working time for his main position and his part-time position is recorded separately.

The legislation provides for the vacancy of a position held by a part-time employee. Submitting an application and hiring another employee for the position, for whom the position will be the main one, allows you to dismiss a part-time worker (Article 288 of the Labor Code of the Russian Federation). The employee must be notified of dismissal 14 days before the date of termination of the contract.

What is combination

Combination – execution additional responsibilities during the main work and within the framework of one contract. Additional work is carried out for the same position (increasing the volume of work) or related work (expanding the service area). The combination can be issued for vacant (vacant) or occupied positions during the temporary absence of the main employee:

• Due to illness confirmed by a certificate of incapacity for work. An option often used in the budget sector. Payment for days of absence due to illness is carried out at the expense of the Social Insurance Fund, which allows not to exceed the amount of the wage fund approved for the year. Several employees may be hired to fill the position of a temporarily absent person.
• While on maternity leave or child care.
• During the vacation of the main employee, registered without pay.

The ability to combine positions is prescribed in a collective agreement or other local act. The combination is not reflected.

What is the difference?

Part-time or part-time employment has fundamental differences, clearly presented in the table:

What is more profitable for the employee?

When comparing these forms of additional income material benefit remuneration is determined depending on the terms of employment. When registering a part-time job, remuneration is made according to the time worked. The additional payment for combinations is set by the employer and reflected in the order. The amount is expressed as a percentage of the basic salary. An additional payment in the form of a fixed amount is allowed.

Positive aspects of combination:

• There is no need to waste additional time.
• The amount of remuneration is fixed and is established by agreement of the parties. The amount of the surcharge is taken into account when and.
• Early termination of obligations is allowed at the initiative of either party with a 3-day warning (Article 60.2 of the Labor Code of the Russian Federation).

Advantages of part-time work:

• Providing paid leave or compensation upon dismissal.
• Opportunity to receive bonuses for a combined position. Earnings are included when calculating sick leave for your main job (calculated separately).
• Manage remuneration by varying the number of shifts, output or part of the rate. The amount is limited to half the rate or salary specified in staffing table for a vacant position. Payment for piecework earnings is made based on actual results.

If an employee is satisfied with additional shifts and the opportunity to influence the schedule and remuneration, it is necessary to choose part-time work, for persons who do not want to go beyond working day, combination is the most optimal form.

How to apply for them with the same employer

There are differences in the document flow when registering such employees.

Registration of internal part-time workers

An employee is hired to work part-time with the conclusion of an employment contract. This agreement contains:

• The provisions, rights, obligations and guarantees of the employee are similar to those concluded for the main job.
• Indication of the performance of part-time duties.
• For time-based work, the salary or rate is indicated, for piece-work, output.

The agreement may be of an indefinite nature, the duration of which is determined by agreement of the parties. At the employee's request work book a record of part-time work is made.

When applying for a job, the following actions are taken:

1. The employee submits an application to the manager. The document indicates the desired part of the bet - half, third, quarter or other.
2. The terms of the part-time job are agreed upon with the employer.
3. The personnel service of the enterprise issues an appointment order and draws up an agreement with the joint signature of the parties. The order and contract make a note about the nature of the work.

If the terms of the agreement provide for work with valuables, an additional liability agreement is concluded.

No documents required for employment are required. The HR employee makes copies of the previously submitted forms. The dismissal of such an employee is carried out in the standard manner defined in the Labor Code of the Russian Federation.

Registration of combining positions

The combination of the main position and additional responsibilities is carried out on a voluntary basis and on the basis of an order. When registering, the following procedure is followed:

1. Providing a written statement from the employee. He must confirm that he has sufficient qualifications to perform his duties.
2. After agreeing on the issue, the employer issues an order for the employee to combine positions. There is no agreement.

The performance of new additional duties changes the terms of the employment contract. Based on the order, an additional written agreement is drawn up, providing for a change in the conditions (Article 72 of the Labor Code of the Russian Federation). Combining positions is not reflected in the work book.

Who can't be styled this way?

The legislation defines the circle of persons for whom part-time work is not formalized. Additional employment is not allowed:

• Minor citizens.
• Heads of enterprises. Only external part-time work is allowed with the consent of the founders.
• Persons whose main responsibilities involve harmful or dangerous working conditions, if part-time work involves similar work circumstances.
• Employees whose duties are related to transport management.
• State civil servants - police officers, prosecutors, judiciary and law firms.

Persons deprived of the right to register for part-time employment are not limited in their ability to engage in scientific or research activities.

Nuances of part-time work

There is a time limit for additional work. Within the working day, a limit of duration is allowed no more than 4 hours. An employee can work additional hours after the end of the working day or on a day off established for the main position. Within a month processing is allowed within half the monthly norm.

The occurrence of circumstances allowing the suspension of the main work in the event of a delay in payment of wages, described in Art. 142 of the Labor Code of the Russian Federation, allows you not to comply with the time limit.

Fulfilling the job duties of a part-time worker gives the right to paid leave. The number of vacation days does not depend on the percentage of the rate and is determined in the standard version (a year worked entitles you to receive 28 calendar days of vacation).

Vacation is paid from and is provided simultaneously with vacation at the main place of employment. The excess number of vacation days for the main job is supplemented by days without pay for a part-time position.

Part-time and part-time employment at an enterprise is a legal option for increasing income. The amounts are included in the calculation of earnings for accrual of vacation, payment of sick leave and when determining contributions to the Pension Fund. Registration is carried out strictly taking into account the norms of the Labor Code of the Russian Federation.

Hello! In this article we will talk about part-time work, and you will also learn about the procedure for hiring part-time work.

Today you will learn:

• What applies to part-time work;
• What types of part-time work are there?
• Legal aspect of part-time work;
• What documents will be required when applying for a job?

Part-time work– an economic tool that allows for more competent use of personnel, allowing them to work in several positions simultaneously. Thanks to this you can get additional income and have the most qualified employee on staff in several positions. This is convenient for both managers and subordinates.

The economic essence of part-time work

Before talking about part-time work, you should pay attention to the term itself - “part-time work”.

Let's look at the official definition:

Part-time job – regular and systematic performance of certain work, strictly in free time. The main thing in all this is regularity and a systematic approach. Any one-time job, deal, etc. is not part-time work. The closest term is .

Part-time work fulfills 2 goals at once:

• All abilities and potential of the employee are fully revealed;
• Such an employee receives additional income.

IN work time It is officially impossible to engage in part-time work, even with the consent of the employer.

But there are some types of activities that are not recognized as part-time work, and accordingly are allowed at work:

• Pedagogical work with payment by the hour - tutoring. You are allowed to engage in this activity for no more than 300 hours in one calendar year;
• Expertise, legal, accounting and other one-time inspections;
• Conducting consultations. In person or online. As with tutoring – no more than 300 hours;
• Responsible for laboratories and offices;
• Hold concerts or holiday events V educational institutions(if this establishment will be the main place of work).

The main condition for part-time work is that the main and additional work should not influence each other in any way. Performance of duties and compliance labor discipline should be the same at the main and additional places of work.

You can work part-time with your main employer or in other places. At the same time, there are categories of citizens who, due to certain characteristics of their age, social status or professions do not have the possibility of part-time work, or have additional restrictions.

These include:

• Persons under 18 years of age;
• Employees carrying out their main activities in harsh conditions labor (if part-time work also takes place under the same conditions);
• Drivers or other employees associated with vehicles(if part-time work occurs in transport);
• Deputies of the State Duma. They can carry out additional activities only in creative, scientific or pedagogical fields;
• Managers legal entities. But in case authorized body(for example, the board of directors) gives its consent to part-time work, then the manager can carry out such activities;

For some categories of citizens - teachers, doctors, pharmacists and cultural workers, part-time work is regulated in a special way. For example, teachers cannot work part-time more than half of their monthly requirement (no more than 20 hours per week).

Types of part-time jobs

According to labor legislation, there are two types of part-time work:

• Internally;
• External.

Internal part-time job involves working for one employer in different positions. This may be of interest to both the company - the employee realizes his full potential, and both tasks are performed by the most qualified of the employees; so does the employee - he receives additional income without the need to adapt to other working conditions in another company.

External part-time job provides additional work for another employer. In practice, this case occurs much more often. At the same time, there is a benefit only for the employee, since he receives additional income in his free time. The employer simply gets another employee.

The number of additional employers is not limited, unless otherwise provided by regulations.

How to register a part-time employee

The main fact that anyone who wants to work part-time should know is that consent from the main employer is absolutely not required. This means that anyone can start working elsewhere without consulting the main company.

As in the main job with a part-time employee, it is drawn up using the TD-1 form. The conditions in it are the same as in the main contract, the same points are stated, only information must be added that this is a part-time job. Such an agreement is also concluded for a certain period or indefinitely, until terminated.

List of documents required for registration of part-time workers:

• Application for part-time employment;

• Passport or other identification document;
• Employment contract with a part-time worker;

• Download Sample Employment Agreement with a Part-Time Partner

• If the position requires special knowledge, then a document indicating the appropriate level of training (diploma);
• If the conditions of part-time work are difficult, they will require a certificate from the main place of work;
• SNILS (it is not in the list published in the labor code, but in order to pay insurance premiums the employer will need to know it).

The employer does not have the right to demand a work book, because it is at the main place of work. Therefore, the company does not keep work books for part-time workers. At the request of the employee, he can make an entry in the work book about part-time work. To do this, you will need documents proving part-time work: employment contract, order for employment, transfer, etc. These are all the subtleties of how to hire a part-time employee.

Rights and obligations of a part-time employee

A part-time employee has the same responsibilities and rights as regular company employees. The only thing you should pay attention to: an employee working part-time has every right for payments for sick leave, vacations and pregnancy. This means that some payments will be made in double amount.

The responsibilities of a part-time employee are the same in both jobs, with the only difference being that the main place of work is a priority, and, accordingly, the execution of tasks at this job is the main thing.

Compliance with internal regulations is the most important and the hard part from what a part-time worker must do. This is due to the fact that if there is sliding schedule and overtime, the employee cannot be late for either his main job or part-time work. And on the basis of regular lateness, even for part-time work, the employment contract with him can be terminated unilaterally.

Salaries of part-time workers

According to regulations, there are no special conditions for remuneration for part-time work. Accordingly, when paying wages according to time worked, it is this indicator that is taken into account in calculating the salary. Piece-rate remuneration implies equal payment to other employees in proportion to the tasks completed.

At the same time, if employees with time-based payment set standardized tasks with a certain deadline, then the salary accounting takes into account exactly this deadline, and not the actual time spent on completion. For example, you can take cleaners who are paid on a timely basis, but each time they have cleaning tasks and deadlines.

It is noteworthy that if in the case of the main job, the salary cannot be lower than , then with part-time work this is not the case. Since it is actually a part-time job, the salary may be lower than this level.

As for accrual and payments, everything is exactly the same. The employer is obliged to pay wages employees no later than once every 15 days. At the same time, a part-time employee (external and internal part-time work) also has the right to pay for sick leave, vacations and maternity leave. Provided they work in the same job for several years. To receive this payment, you will need to provide certificates of incapacity for work.

Vacation of part-time employees

Just like everyone else labor Relations, the situation with vacations is also regulated by the labor code. Article on vacations - 286. It states that a part-time employee is obliged to receive vacation for extra work at the same time as the main one.

If the employee provides a certificate or order from the place of work about annual leave, then the part-time employer will be obliged to issue him leave at this job as well. But this is done only on the initiative of the employee.

At a part-time job, if the vacation is shorter than the main one, then the second employer must arrange additional vacation days at the expense of the employee, if he expresses such a desire.

A part-time worker also has the full right to annual and additional leaves, which are provided in accordance with current legislation and at the place of part-time work.

Part-time work and business travel

A few words about a more complex and less regulated issue in the field of part-time work – business trips. A part-time employer has every right to send an employee on a business trip, but only during his free time from his main job. At the legislative level, this issue is not regulated in any way, and nothing is explained about what to do with the main place of work.

There is a possibility that the main employer will issue leave at his own expense for the employee. But at the legislative level, he is absolutely not obliged to issue it. Work with business trips and external part-time work are practically incompatible.

In the case of internal part-time work, even if an employee goes on a business trip for two positions, then expenses are paid to him in a single amount. He will also be paid a single daily allowance. This follows from the principle of compensation travel expenses in case both employers are sent on the same business trip. Then they pay for the business trip according to the agreement, and not each one independently. Accordingly, the same principle is transferred to one organization.

Dismissal of a part-time employee

Part-time workers, as in their main job, can be dismissed on all grounds provided for in the Labor Code. And accordingly, the employer must comply with the procedure described in this regulatory document.

It follows from this that or . If planned, the warning period is 2 months.

In addition to the main reasons for dismissal, there is another one - hiring a specialist for whom this position will be the main one. In this case, it is necessary to notify the employee two weeks before hiring a new employee. It does not matter whether this employee will work according to full employment, or part-time. Legislatively, preference is given to those for whom this will be the main position, unless the employer decides otherwise.

If the employee refuses to read the written warning, a confirmation document must be drawn up officially. No later than the day of dismissal, it is necessary to make a settlement with the employee and provide him with copies necessary documents. For each day of delay, the employer must pay the amount of compensation + accrued interest, which is calculated according to the following formula:

Employee salary * 1/150 key rate, valid at the time of interest calculation * number of days of delay

In the case of internal part-time work, cases often arise when, upon dismissal from the main place of work, it is possible or even required to leave the employee with part-time work as the main position.

What Rostrud says

“The only contract that can remain with the employee is the contract at the main place of work.” This means that when transferring from a part-time position, it is necessary to dismiss the employee from the main position and make an amendment to the additional employment contract by putting a note in the work book. This means that with the consent of the employee, the employment contract at the main place of work can be terminated.

If up to this point there were no entries about part-time work in the work book, it is necessary to enter all the information about this in the work book. The terms of the employment contract should also be reviewed and changed to full-time employment.

Part-time work is one of the elements of labor relations, which is almost fully regulated by labor laws. A part-time worker must be an adult, not engaged in heavy production, and a state deputy. Duma and the driver (in cases provided for by law). The procedure for hiring, calculating and providing salaries, vacations and dismissal is fully regulated by the Labor Code.

In times of crisis, for many people living in Russia, the income from one job is not enough to provide for their family. Thoughts appear about part-time work and further search for a second job that will allow you to earn money more money, but is it possible to work two jobs officially and is it legal?

Official employment in several jobs is not a violation of the law. First, you need to get a job in an organization that will be considered your main workplace. Activities at the second enterprise are considered part-time work.

The division between the two services into primary and secondary employment is divided depending on how long you are in a particular job. The organization where the employee conducts most working hours is considered the main one.

The possibility of part-time activities is prescribed in Art. 60.1 of the Labor Code of the Russian Federation. This type of service is regulated by Chapter 44 of the Labor Code of the Russian Federation. It contains:

• Basic rules for part-time work;
• List of required documentation for an applicant for a vacant position;
• Length of working day;
• Payment nuances;
• The procedure for registering and paying for sick leave, vacation or maternity leave;
• What guarantees are provided to a part-time worker?
• The dismissal procedure and its features.

In an employment contract with an employee in mandatory the type of activity is prescribed: main job or as a part-time job. The number of combined contracts for one employee is unlimited.

Types of employment

There are two types of part-time work:

• Internal. An employee works at one enterprise, but at the same time performs different functions. In employment agreements, the same organization acts as the employer. The option is quite simple to design and comfortable for both parties. A person actually has one place of work, but performs several job functions. There are also no difficulties with registering a work book, since it is stored in both work options in one place. Another advantage is that there is no need to re-assemble the package of necessary documentation; the employer can independently make duplicates of the necessary papers.
• External. In this situation, the employee enters into two employment contracts with different companies. Accordingly, the workplaces will be located at two different addresses. This option is much more complicated than the first and requires separate paperwork for employment. Yes, and there may be problems with granting sick leave or vacation.

The current legislation of the Russian Federation allows both options for combining activities, so the right to choose remains with the employee.

When combining positions is prohibited

Some categories of civilians cannot officially work two jobs at the same time. It refers to:

• For minor children. They work only in one place and receive additional benefits.
• People doing hard work. They spend a large number of physical strength for execution job responsibilities, they need time to recover.
• Employees working in hazardous industrial production.
• Other categories of citizens. In Art. 282 of the Labor Code of the Russian Federation states that, in addition to the Labor Code, the activities of some employees are controlled by other regulatory documents, which may contain a ban on combining activities. Employees of the prosecutor's office cannot combine service and earn extra money; police; judges; deputies; employees of the Central Bank of the Russian Federation, etc.

Sometimes working two jobs at the same time is officially acceptable, but with some reservations. For example:

• The director of an enterprise can be a part-time worker in another organization, having permission to do so from the owner.
• Athletes or coaches combine positions only after obtaining permission from higher authorities.

An important point when applying for a part-time job is the availability of free time from your main activity to perform job duties. Accordingly, it is possible to officially work two jobs only if the schedules do not coincide (for example, shift method employment).

How many rates can one person work?

Labor legislation does not place restrictions on the number of additional jobs. Each person focuses on his physical capabilities and health status (relevant for pensioners).

Employment is allowed at ½ rate or for an hour per day at the rate of 0.1 rate. Thus, an employee can be employed simultaneously in four organizations. The main thing is that the total number of additional working hours does not exceed the standard established by law (no more than four hours).

Art. 284 of the Labor Code of the Russian Federation states that in his free time a citizen can work at additional work full time (eight hours) and receive a full salary for them.

There are restrictions regarding the standard working hours for the main type of activity. Part-time service should not occupy more than ½ of this norm (no more than twenty hours per week).

Registration procedure

An employee is employed at his main place of business according to the “classic” scenario:

• Drawing up and signing an employment contract, which reflects the nuances of the upcoming cooperation;
• Upon reviewing the list of job duties, the employee must sign this list;
• An order for employment is issued;
• Based on the order and agreement, an entry is made in the work book. It is kept by the HR employee until dismissal.

When applying for an additional job, you do not need to provide a work book; you must have with you:

• Passport of a citizen of the Russian Federation or other document confirming the identity of the applicant for the position;
• Education document;
• Certificate from main job indicating the type of activity.

The registration procedure is standard:

• Signing an employment contract, indicating information that the activity is carried out “part-time”.
• The employee is given a list of responsibilities, he signs a document stating that he is familiar with them;
• Drawing up an order for employment.

Since the work book is located at the main place of work, only the employee decides whether he needs a record of additional employment.

How to work: using one or two work books

You can get two jobs at the same time using one book.

A work book will be required when applying for a primary job. It may not be provided to enterprises where you work part-time. Sometimes the employer asks to confirm the employee’s experience and length of service, then you will need to take a copy of the work book, certified by signature and seal, from the main job.

The Labor Code of the Russian Federation does not prohibit an employee from working with two work books, but negative consequences are possible:

• The emergence of difficulties with the tax service;
• Fraud charges and penalties;
• Difficulties in applying for a pension and calculating the total length of service;
• Negative reaction from the employer.

The law does not stipulate that an employee must notify the main place of work about the presence of additional activities, but in order to avoid further problems it is better to do this.

Conclusion

Officially, you can work two jobs at the same time, the main thing is to correctly calculate your energy and time. Remember that unofficial activities are fraught with risks; it is better to formalize everything according to the law, receive guarantees and protection from the state.

Combining positions in one organization is a fairly common practice, especially today, when, due to the economic crisis, people are looking for all kinds of part-time jobs and quite rightly give preference to additional paid workload at their main, proven place of work. For an organization in such a situation, it is important to understand how the fact of assigning additional responsibilities to an employee can be formalized. This will be discussed in the article.

Internal part-time and internal combination of positions: the difference in the formalization of relationships

An employee of the company, who is already on staff and performs a certain amount of work, decides to take on an additional load that goes beyond the scope of his current job functionality. How can he do this?

Essentially, in this case, independent labor relations between the company and the specialist come into force, which can be formalized in 2 forms:

• internal part-time job;
• combination of positions (professions).

There is a fundamental difference between the two forms that the company must understand. Namely: internal part-time work means performing work unrelated to the main one, at a time that is not occupied by the specialist’s main activity (Article 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (by internal part-time job) is performed entirely outside the scope of the employee’s primary position.

Example:

On manufacturing plant G.V. Ivanov works as a mechanic. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same company. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e. from 18:00 to 21:00. in this case he does not combine positions, but performs the functions of a cleaner as his additional job on an internal part-time basis in the same company.

Internal combination of positions assumes that a specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day manages to perform other functions corresponding to another position. That is, a specialist is engaged in work to combine another position in parallel with his main work, at the same time (Article 60.2, 151 of the Labor Code of the Russian Federation).

Example:

G.V. Ivanov from the previous example works as a mechanic, but in addition, during the working day (from 9:00 to 18:00) he also has time to clean the workshop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within one production enterprise.

The above features also determine differences in the design of labor relations. Namely: for an internal part-time worker it is necessary to draw up a separate employment contract. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.

Work on combining positions: registration

If an employee wants and can work in 2 positions in the company at the same time, then the preferable option for him is to formalize additional relations with the employer in the form of combining positions. But for this it is important that the specifics of the work allow it to be performed without release from the main activity and at the main workplace. Therefore, if the second position requires, for example, moving from the main place of work (to another workshop), then such additional workload on the employee should be formalized as an internal part-time job, and not as work to combine positions.

The company can formalize the combination of positions by an additional agreement to the employee’s current employment contract, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).

In addition, for work combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.

The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):

• the company’s proposal to combine positions signed by the employee;
• application from an employee requesting permission to combine positions.

At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in a time sheet? In accordance with labor laws combination work is not highlighted separately in the report card. After all, an employee performs combined work in parallel, at the same time in which he is busy with his main job. Therefore, only the hours spent on the main work need to be recorded in the time sheet.

Order on internal combination - sample

After signing the additional agreement, the company should issue a corresponding order.

Russian labor legislation does not contain a specific unified form for such an order.

At the same time, it should indicate which positions the employee will combine, for what period and for what additional payment. In this case, as a basis for combination, the order must specify the details of the additional agreement drawn up with the employee.

A sample order can be viewed on our website:

Completion of combining positions

As mentioned above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?

The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.

Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).

In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.

ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that later it does not turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.

Internal part-time work according to the Labor Code of the Russian Federation

An internal part-time worker, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company in a second, additional job, but at a time that is not occupied by the main activity (Article 282, 60.1 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation establishes a number of restrictions regarding how much working time an employee can spend on part-time work. So, if a specialist within the same organization in different time works in two different positions, the Labor Code of the Russian Federation allows the maximum additional workload to be performed no more than 4 hours a day.

IMPORTANT! If there is a day when an employee is released from his main job for some reason, he can do part-time work throughout the working day.

For a month in the aggregate, a part-time employee has the right to work no more than half of the monthly standard of time established for the category of workers to which he belongs (Article 284 of the Labor Code of the Russian Federation). However, sometimes an employee has the right not to be guided by the specified limit.

For more information about how much time an employee has the right to spend on part-time work, see the article “Part-time work—how many hours per week?” .

No less important question both for internal part-time workers and for their employers: how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be established in one of 3 ways:

• in proportion to the time spent working;
• according to a piecework scheme;
• on other conditions provided for in the employment contract.

For details on additional payments up to the minimum wage for internal part-time workers, see the article “Additional payment up to the minimum wage for external and internal part-time workers” .

In addition to the above, companies should keep in mind that if they have someone on their staff who works part-time in addition to their main job, then they are also entitled to leave of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with vacation in the main position in time, however, vacation pay is accrued separately for the main position and separately for the combined work, since the employee has 2 independent employment contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).

An important issue that concerns, in particular, part-time women, concerns the provision of maternity benefits to them.

Read more about this in the article “Maternity benefits for part-time workers” .

How to apply for an internal part-time job

As stated above, when working on a part-time basis, a separate employment contract is drawn up. At the same time, he is subject to all the requirements that apply to similar contracts with regular full-time employees (not part-time employees).

ATTENTION! Employment contracts for internal part-time workers there should be exactly two: by main job and part-time.

In particular, the employment contract must contain information about:

• companies;
• a position that a specialist undertakes to perform in addition to his main job;
• wage system;
• work and rest regime, etc. (Article 57 of the Labor Code of the Russian Federation).

As a general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).

ATTENTION! The employment contract must include information that the employee holds the position on an internal part-time basis.

Order and application for internal part-time work

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time worker to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on an internal part-time basis, in which, in particular, it should be indicated what additional work he intends to take on the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the company's human resources department.

As a general rule, after an employment contract is concluded, the company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that orders to hire such an employee there will be two : for the main place and part-time.

At the same time, there is a unified form of such an order (No. T-1), which you can download on our website.

In such an order, it is important to reflect the very fact of internal part-time work, and in addition, indicate the basic conditions of the specialist’s work, its nature and the mechanism of remuneration.

Results

Registration of imposing additional workload on a company employee can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such labor relations must be formalized in the form of a separate employment contract on internal part-time work. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as issue an order to hire an internal part-time worker. If the additional position does not involve distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. The company should also receive a corresponding signed application from the employee and formulate an order to organize the combination of positions.

Active and energetic people always try to find something to do, even in the workplace. But which is better? Combination of positions or part-time work? The Labor Code of the Russian Federation separates these two concepts and dictates its own rules for the implementation of these two types of activities.

Combination or part-time

It would be a big mistake to assume that these two concepts mean the same type of activity. These are completely different types of labor organization.

In the case when an employee does other work in his free time, and at the same time it is paid according to the employment contract, this is part-time work. The Labor Code of the Russian Federation regulates this fact in Article 282. An employee has the right to perform part-time work not only with his employer, but also in other organizations.

If an employee works during a set shift and for only one employer, this is called a combination of jobs.

In this article we will look at all the nuances of part-time work. But first you should clarify for which types of activities part-time work is not defined by the Labor Code of the Russian Federation and, accordingly, the conclusion of an agreement is not required:

• For literary work(editing, translation, reviewing, etc.).
• To conduct various examinations with a one-time payment.
• For pedagogical work with hourly rate, providing no more than three hundred hours per year.
• For consultations by qualified specialists.
• For teaching work in schools, preschool institutions, institutions of further education with additional payment.
• To carry out work in the same organization without a full-time position, in particular, managing teachers’ offices, departments or laboratories, managing commissions, supervising students, and so on.
• To work in the same school or preschool institution in excess of the normal salary for a teacher.
• To work on organizing excursions with hourly wages without a full-time position.

Types of part-time work. Specifics

All features of part-time work are regulated by Chapter. 44 Labor Code of the Russian Federation. Part-time work can be internal or external.

In an external part-time job, an employee performs systematic paid work at another place of work. This can be an organization, an entrepreneur without the formation of a legal entity, an individual without the formation of an individual entrepreneur.

In an internal part-time job, an employee performs paid work for the same employer where he works on a permanent basis.

But there are some restrictions on part-time work. The Labor Code of the Russian Federation regulates the following cases:

• Age restrictions. Persons under eighteen years of age cannot be hired for part-time work.
• Restrictions in working conditions. It is prohibited to work part-time in positions with harmful working conditions; if the main activity is related to transport management.
• Professional and job restrictions. Part-time work is not possible for:
  • lawyers and judges;
  • police officers;
  • heads of organizations;
  • foreign intelligence and prosecutors;
  • municipal service workers;
  • government members;
  • Federal courier communications workers.

Internal part-time job

So, if an employee has a desire to fulfill one more obligation to his employer and receive a salary for it, he can apply for an internal part-time job.

The employee must conclude another employment contract, which indicates the position, profession or specialty, as well as what the internal part-time work consists of. The Labor Code of the Russian Federation regulates these and other rules in Article 282.

External part-time job

This type of part-time job is typical for those employees who, while working at one enterprise, decided to get a part-time job with another employer. At the same time, the position that takes more time and requires more attention is considered the main one. The legislation does not provide limits on the number of sources of income. But any employer is committed to long-term and productive cooperation, so a person who wants to get additional work needs to calculate his strengths and capabilities.

A high workload can affect the quality of the work performed, which will subsequently affect remuneration and the person’s reputation as a whole.

How to become a part-time worker

Hiring for part-time work is regulated by the Labor Code of the Russian Federation in Article 283. Since a part-time worker is a socially protected citizen, registration must follow all the rules:

• The employee submits all necessary documents to the HR department.
• The employer and employee sign an agreement. It can be fixed-term (for a certain period of time, for seasonal work, while a permanent employee is absent) or indefinite (until the employee himself wants to terminate the contract).
• Based on the signed agreement, an order for part-time work is issued.

It should be remembered that part-time workers have the same rights and guarantees as main employees.

According to labor legislation, part-time workers must work in conditions that meet all labor protection requirements. For example, if an accident occurs with a part-time employee, then an investigation into this fact and further compensation are made at the place of the part-time job.

Decor

You don’t need to think that part-time work is any different in documentation from the main job. Part-time work is regulated by the Labor Code of the Russian Federation. Registration takes place in accordance with all rules established by the enterprise. The employee must submit the following documents:

• Passport of a citizen of the Russian Federation.
• SNILS.
• Education documents.

After the documents are collected and submitted to the personnel department, regardless of the type of combination, an employment contract of the established form is drawn up. Next, the T-1 order for employment is signed, which specifies the working conditions, rate and payment.

A part-time worker needs to know that the employer cannot demand a work book. This document remains at the main place of work and if the employee wants to make an entry in it, he can bring a certificate from his part-time job, transfer it to the human resources department and the corresponding entry will be made there.

Payment

It is advisable to ask how part-time work is paid. The Labor Code of the Russian Federation regulates this issue in Art. 285, ch. 44. Such work is paid in proportion to the time worked or on other conditions determined by the agreement between the parties.

If an employee is paid on a piece-rate basis, he is paid according to the amount of work actually completed.

The minimum wage for a part-time worker is based on the fact that he does not perform his duties the entire working day. Also, if the work is performed under conditions that deviate from normal conditions, the employee accepts increased pay for part-time work. The Labor Code of the Russian Federation talks about this in articles 146-154.

If an employee had to perform his duties in an area where a coefficient or salary supplement was established, then payment for part-time work by the Labor Code of the Russian Federation is regulated according to the indicators.

A separate issue is raises for long work experience. This includes part-time work in the following categories:

• Medicine. If the employee holds a part-time full-time position in organizations that are financed from the federal or regional budget.
• Ministry of Defense of the country. The allowance is awarded to civilian employees working part-time in these bodies.
• Federal Agency for Government Communications and Information.

In addition to incentives, part-time employees may be entitled to guarantees and compensations that are provided for by laws and other regulations, contracts, agreements, and internal company regulations. Guarantees and compensations do not apply to employees who receive education and work part-time, as well as to those who part-time went to work in the Far North.

Work time

The time an employee spends on work is established by Article 284 of the Labor Code of the Russian Federation. Part-time work should not exceed four hours per day. The exception is the moment when the employee is free from performing his duties at his main place of work. Then he can work part-time full time. But the hours spent at part-time work during the reporting period should not exceed the monthly norm established for this category of employees.

These restrictions may not apply if the employee stopped working at his main job or was removed from it.

So there is general rule, which is valid for all part-time employees. The Labor Code of the Russian Federation determines the time of part-time work as follows:

• 4 hours a day.
• 16 hours a week.
• 4-day work week, 4 hours each.
• Five days - 3 hours 12 minutes.

An exception is made for workers in medicine, pharmacology, pedagogy and culture. For them, working hours are determined according to the agreement specified in the employment contract. However, working hours cannot be longer:

• ½ monthly norm, calculated from the total duration of the entire week (for doctors and pharmacists, as well as teachers).
• 16 hours a week.
• The monthly norm, calculated from the total duration of the entire working week (for doctors and nursing staff, as well as cultural workers).

For doctors working part-time in rural areas, an eight-hour working day and a 39-hour week are provided.

Is vacation allowed?

Does part-time work provide for vacation? Labor Code of the Russian Federation, according to Art. 286, speaks of the possibility of granting annual leave to a part-time employee simultaneously with leave from his main job. If an employee has worked at an additional job for less than six months, leave is given to him in advance.

If there is a discrepancy in the length of leave, at the request of the employee, the employer at an additional job can increase the leave without pay to the required number of days.

Let's look at an example. Taking into account the Labor Code of the Russian Federation, part-time work (Article 286) also requires annual paid leave. For example, teaching activities provide for a vacation of 56 days. But a teacher can work part-time as a programmer, and in this position the vacation is only 28 days. In accordance with the law, the employer must provide the citizen with 28 days of paid leave and another 28 days without pay.

Paid vacation and compensation unused days The employer must rest according to generally established rules. To receive a well-deserved rest from a part-time job, the employee must provide a copy of the order from his main job.

In addition to the main vacation, there are other vacations that are provided for by legislative standards and, in particular, Chapter 44 of the Labor Code of the Russian Federation. Part-time work allows you to take additional leave and go on maternity leave.

To take additional leave at your second job, you need to:

• Prove irregular working hours.
• Perform job duties flawlessly.
• Perform duties in hazardous or hazardous conditions.
• Have extensive work experience.

Upon registration maternity leave at a part-time job, a woman must provide completed documents from her main job. At the same time, in order to receive benefits not only at the first job, but also at the second, future mom must have worked in a part-time position for at least 2 years. The duration of such leave is the same for all types of work.

Termination of an employment contract

In addition to the well-known grounds on which an employment contract can be terminated, there are additional reasons for dismissing a part-time employee, as stated in Article 288, Article 44 of the Labor Code of the Russian Federation. Part-time work may be terminated and an employee dismissed if he is replaced by an employee for whom this position will be the main one, and the work will be permanent.

If this happens, the employer is obliged to notify the employee about this fact 14 days in writing. But in this case, the person may not be fired, but offered, for example, another job (if available). But then a new employment contract must be signed with this employee.

But this issue also has its own nuances. For example, dismissing an employee using Art. 288 of the Labor Code of the Russian Federation is impossible if a fixed-term contract was concluded between him and the employer.

Also, an employee cannot be fired, even if he is replaced by new employee, if the first one is on sick leave or on annual leave. At the same time, the labor code extends this rule to all employees. An exception may be the liquidation of an enterprise or termination of the activities of an individual entrepreneur.

Also, according to legislative acts, if a contract with a part-time worker is terminated due to layoffs, the employer is obliged to inform him several months before this event. The employee is required to write a receipt that he agrees with this fact. Like main employees, part-time workers can get additional work severance pay due to dismissal due to reduction.

Those who want to start working part-time will need to pay attention to the Labor Code and those of its articles that are devoted to part-time work. In particular, Chapter 44 of the Labor Code of the Russian Federation will tell you everything about part-time work. Part-time work and all the nuances related to it are described in detail here with all the necessary comments. Every year there are various legislative changes that can affect the decision-making process and this moment Labor Code contains a lot of changes and articles that are no longer valid.