The main place of work and part-time job shopping mall of the Russian Federation. What is an external part-time job and how is it formed. Features of the design of an internal part-time job

Each employee may, in his spare time from his main job, perform other regular work in the same organization where he currently works, or in any other enterprise. Such work is called part-time work (Article 282 of the Labor Code of the Russian Federation).

General information

The labor legislation of the Russian Federation defines what internal part-time work means. Part-time workers are those employees who, in their free time from their main work, perform other regular work for the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from combining professions (positions) and increasing the volume of work at the main place of work. In contrast to internal part-time employment, when combining professions (positions), an employee performs additional other work (in a different position (profession)) during the working day along with the main job. When combining professions (positions), both the employee and the employer have the right to prematurely refuse to perform additional work. When answering the question of how to arrange an internal part-time job with one employer, it must be taken into account that the internal part-time job is already working for this employer at the main job.

Restrictions on the performance of internal part-time work

When deciding whether to register an employee as an internal part-time job, it should be borne in mind that not every employee can be hired in this capacity. The law does not allow the employment of the following categories of employees on an internal part-time basis:

• persons under 18 years of age (Article 282 of the Labor Code of the Russian Federation);
• persons employed in work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions (Article 282 of the Labor Code of the Russian Federation);
• employees involved in driving vehicles or managing the movement of vehicles, if, when working on an internal part-time job, this employee will perform similar work (Article 329 of the Labor Code of the Russian Federation);
• other categories of employees in respect of which the ban on part-time employment has been introduced by separate federal laws (employees of internal affairs bodies, state and municipal employees, prosecutors, judges, etc.).

Internal part-time work: documents provided by the employee

Since the internal part-time worker is already working for this employer, in most cases the employee does not need to provide any additional documents. The provision of additional documents by the employee will be required only if special knowledge is required to perform additional work in another position. In this case, the registration of internal part-time jobs for different positions should be carried out when the employee provides a document on education (qualification).

Features of the design of an internal part-time job

The peculiarity of the design of an internal part-time job is that the employee is already working in the organization and an employment contract has already been concluded between him and the employer. And yet, when registering such labor relations with an employee as an internal part-time job, the Labor Code of the Russian Federation requires the mandatory drawing up of a separate labor contract with this employee (Article 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily contain an indication that the work performed by the employee is a part-time job. It should be noted that a fixed-term employment contract can be concluded with an internal part-time worker (part 2 of article 59 of the Labor Code of the Russian Federation). As well as when hiring for the main job, the employer, when hiring for an internal part-time job, issues an order to hire an employee. The order (as well as the employment contract) must contain an indication that the employee is hired part-time (Article 68 of the Labor Code of the Russian Federation). Considering the limitations of the legislation regarding the duration of part-time work - no more than four hours a day (part 1 of article 284 of the Labor Code of the Russian Federation), it is important to pay attention to the need to keep separate records of working time (from the main job) in relation to the internal part-time job (article 91 TC RF). An entry in the work book on the performance of work on the terms of internal part-time work is carried out only if the internal part-time job requires this from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). Otherwise, the registration of hiring an employee on the terms of internal part-time employment is carried out by the employer in a manner similar to the procedure for hiring an employee at the main place of work.

Active and energetic people are always trying 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 combination

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

In the case when an employee does other work in his spare time, and at the same time it is paid according to an 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 the established shift and only for one employer, this is called a combination.

In this article, we will consider all the nuances of part-time work. But first, it should be clarified for which types of activities part-time work is not determined 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 pay, providing for no more than three hundred hours per year.
• For consultations by qualified specialists.
• For pedagogical work in schools, preschool institutions, institutions of additional education with additional payment.
• To carry out work in the same organization without a full-time position, in particular, managing classrooms, departments or laboratories for teachers, managing commissions, supervising students, and so on.
• To work in the same institution of school or preschool purposes in excess of the norm for the rate of a teacher.
• To work on the organization of excursions with hourly pay without a full-time position.

Compatibility types. Specificity

All features of combination are regulated by Ch. 44 of the Labor Code of the Russian Federation. Part-time work can be internal and external.

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

An internal part-time 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 the age of eighteen cannot be hired as part-time employees.
• Restrictions in working conditions. It is forbidden 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;
  • employees of foreign intelligence and prosecutors;
  • employees of municipal services;
  • government members;
  • employees of the federal courier communications.

Internal combination

So, if an employee has a desire to fulfill one more obligation to his employer and receive a salary for it, he can issue 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 job is. The Labor Code of the Russian Federation regulates these and other rules in Article 282.

External part-time

This type of part-time job is typical for those employees who, working at one enterprise, decide to get a part-time job for 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 for limits on the number of sources of income. But any employer is set up for long-term and productive cooperation, so a person who wants to get an additional job needs to calculate his strength and capabilities.

A high workload can affect the quality of the work performed, which will further affect the pay and reputation of the person as a whole.

How to become a part-time worker

Part-time employment of the Labor Code of the Russian Federation is regulated by Article 283. Since the part-time job is a socially protected citizen, the registration must follow all the rules:

• The employee submits all the necessary documents to the personnel department.
• The employer and employee sign a contract. It can be urgent (for a certain period of time, for seasonal work, for a time while there is no permanent employee) or indefinite (until the employee himself wants to terminate the contract).
• On the basis of the signed contract, an order is issued for part-time work.

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

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

Registration

There is no need to think that part-time work is somehow different in documenting from the main job. Part-time work is regulated by the Labor Code of the Russian Federation. Registration takes place in accordance with all the rules established by the enterprise. The employee must submit the following documents:

• Passport of a citizen of the Russian Federation.
• SNILS.
• Documents about education.

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 is signed for employment, where working conditions, rate and payment are prescribed.

The 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 part-time work, transfer it to the personnel department and they will already make an appropriate entry there.

Payment

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

The minimum wage for a part-time employee is based on the fact that he does not perform his duties all day. Also, if the work is performed in conditions that deviate from normal, the employee receives an increased payment for part-time work. The Labor Code of the Russian Federation speaks about this in articles 146-154.

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

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

• The medicine. If the employee holds a full-time part-time position in organizations that are funded from the federal or subject budget.
• Ministry of Defense of the country. The allowance is accrued 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, which are provided for by legislative and other regulations, contracts, agreements, internal company acts. Guarantees and compensations do not apply to employees who are educated and work part-time, as well as to those who part-time left to work in the Far North.

Work time

The time that 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. An exception is the moment when the employee is free from performing his duties at the 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 that is established for this category of employees.

These restrictions may not apply if the employee has stopped his activities at the main job or has been removed from it.

So, there is a general rule that applies to all part-time employees. The time of part-time work of the Labor Code of the Russian Federation is determined as follows:

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

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

• ½ of the 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 nurses, 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 there a vacation?

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 at the main job. In the event that an employee has worked at an additional job for less than six months, the leave is given to him in advance.

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

Consider an example. Given the Labor Code of the Russian Federation, part-time work (Article 286) also involves annual paid leave. For example, pedagogical activity provides 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.

The employer must pay vacations and compensate for unused rest days according to generally established rules. To get a well-deserved rest at a part-time job, the employee must provide a copy of the order from the main job.

In addition to the main vacation, there are other vacations that provide for legislative regulations 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 a second job, you need:

• Prove the irregularity of the working day.
• Perform job duties flawlessly.
• Perform duties in dangerous or harmful conditions.
• Have a great work experience.

When applying for 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, the expectant mother must work as a part-time job for at least 2 years. The duration of such leave is the same for all types of work.

Termination of the employment contract

In addition to the well-known grounds on which an employment contract may be terminated, there are additional reasons for the dismissal of a part-time employee, which is what Article 44 of the Labor Code of the Russian Federation says 288. Part-time work may be terminated, and the employee dismissed if an employee has come to his place, 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 of this fact 14 days in advance in writing. But in this case, a person can not be fired, but offered him, for example, another job (if any). But then a new employment contract must be signed with this employee.

But there are some nuances in this matter. For example, to dismiss an employee using Art. 288 of the Labor Code of the Russian Federation is impossible if a fixed-term contract has been concluded between him and the employer.

Also, an employee cannot be fired, even if a new employee has taken his place, 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 the enterprise or the termination of the activities of the individual entrepreneur.

Also, according to legislative acts, if the contract with a part-time job is terminated due to reduction, the employer is obliged to inform him a few months before this event. The employee is required to write a receipt that he agrees with this fact. Like the main employees, part-time workers can receive severance pay at an additional job due to dismissal due to a 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 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 may affect the decision, and at the moment the Labor Code contains a lot of changes and articles that have already become invalid.

The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of work organization differ? What features should be considered when hiring a part-time job? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.

Combination and combination are completely different forms of labor organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the work of part-time workers and those who master other positions and professions, let's briefly understand the terminology.

If an employee, in his spare time from his main job, performs other regular paid work on the terms of an employment contract, this is part-time work (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only with your employer, but also in another organization (for another entrepreneur or an individual who is not an entrepreneur).

When combining professions (positions), work is carried out “during the established duration of the working day (shift)” and always with the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between combination and combination have been identified, we can move on to the details.

part-time

So, there are several factors that determine part-time work: the employee has a main place of work, performs labor functions (job duties) in his spare time from his main job, does it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.

As follows from Article 60.1 of the Labor Code of the Russian Federation, part-time employment can be external and internal.

External part-time- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an entrepreneur without forming a legal entity, and an employer - an individual who is not an entrepreneur.

Internal combination- performance of other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work indicating the position, profession, specialty as a part-time job.

Who cannot be a partner

For certain categories of citizens, part-time work is prohibited by the Labor Code. First, these are persons under the age of 18. And secondly, employees whose main work is associated with hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.

In addition, some restrictions on part-time work are also established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person (body) authorized by the owner.”

In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit the combination of individual employees. These are, in particular, federal laws on state and municipal unitary enterprises, bodies of the judiciary, advocacy and advocacy, justices of the peace. The list of such acts also includes decrees of the Government of the Russian Federation (for example, a decree regulating the procedure and conditions for part-time service (work) in the system of the Ministry of Internal Affairs of Russia).

The ban on multiple jobs is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition, can only engage in teaching, scientific or other creative activities. Part-time working conditions for pedagogical, medical, pharmaceutical and cultural workers are also special, regulated by the Labor Code, other laws and acts. For example, the resolutions of the same name of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers”.

We conclude an employment contract with a part-time partner and draw it up for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for a main job. An employment contract with a part-time worker is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other with the employee's note "Received the second copy of the employment contract" is kept by the employer.

NOTE

Compatibility: what has changed To assess the volume of innovations associated with part-time work, you need to at least look through the new edition of the Labor Code. Olga Rusakova did it for you, and you just have to look through the list of major changes and pay attention to those that are relevant specifically for your company. 1. Article 98 of the Labor Code, which regulates labor relations with part-time workers, has become invalid. New articles appeared: 60.1 - on part-time employment and 60.2 - on combination. 2. Rules have been established for concluding a special type of labor contract - on the performance of work on a part-time basis. As before, the duration of the working time of a part-time worker should not exceed 4 hours a day. But the norm - no more than 16 hours a week is outdated. Now, within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. Moreover, on days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee: At the main place of work, he suspended it in accordance with part 2 of article 142 of the Labor Code of the Russian Federation (due to violation by the employer of the terms for paying wages); Suspended from work on the basis of part 2 or 4 of article 73 of the Labor Code of the Russian Federation (if it is impossible to transfer the employee to another job in accordance with a medical report). 3. Additional grounds for termination of an employment contract with part-time workers have changed significantly. Previously, an employment contract with a part-time job could be terminated if an employee is hired, for whom this work will be the main one. Now the legislator has clarified that such an agreement can only be open-ended, and has established the deadlines within which the employer is obliged to notify the employee in writing - at least two weeks before the dismissal. 4. Serious changes have affected Article 332 of the Labor Code. Previously, “when filling the positions of scientific and pedagogical workers in a higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract was preceded by competitive selection.” Now the legislation allows the employment of a scientific and pedagogical employee without a competition, but only on a part-time basis. This is done "in order to maintain the continuity of the educational process."

It is necessary to state in the employment contract that the work will be performed on a part-time basis (paragraph 4 of article 282 of the Labor Code of the Russian Federation). For example, the relevant provision may look like this: "The employee is hired by the Employer on a part-time basis."

A typical mistake of employers: with an employee who is hired as internal part-time, a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for both the main job and the job performed part-time.

However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, in the time sheet, this employee will appear twice: as the main employee and as a part-time worker.

The list of mandatory documents for employment on a part-time basis is given in article 283 of the Labor Code. This:

Passport or other identity document;

Diploma or other document on education, professional training if the upcoming work requires special knowledge (or duly certified copies of such documents);

Certificate of the nature and working conditions at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.

However, the listed documents from the internal part-time job may not be required, since such an employee has already submitted copies of all the necessary documents.

Working hours

Legislation, as before, limits the maximum working hours of part-time workers, but does not specify the minimum duration.

“Working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of workers ”(Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the norm of working time is 40 hours, then the working time of a part-time worker cannot exceed 20 hours.

ADVICE

If part-time employees work in the company 1. You need to hire an employee on an internal part-time basis for a similar vacant position. In such a situation, it is better to make changes to the staffing table in advance. Namely: rename the position or introduce a new staff unit, make adjustments to the job description or draw up a new one. For example, if an employee occupies the position of an assistant secretary at his main place of work, then offer him a part-time position as a secretary. 2. You accept an employee on a part-time basis for hard work, work with harmful and (or) dangerous working conditions. Write down in the employment contract the obligation of the employee to notify you if his working conditions become similar at the main place of work. 3. There are part-time workers in your organization whose labor results, qualifications, speed, and quality of work are higher than those of the main workers. Keep in mind that you can set extra charges for part-time workers for complexity, intensity, and thus increase the amount of wages. We are talking, of course, about employees who occupy the same positions with the same job descriptions.

note: restrictions on the duration of working hours when working part-time do not apply in two cases.

First case. At the main place of work, the employee suspended work due to the violation by the employer of the terms for paying wages (part 2 of article 142 of the Labor Code of the Russian Federation).

Second case. The employee was suspended from the main job in accordance with a medical report, and it is impossible to transfer him to another job (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Given that the mode of working time and rest time (it is usually individual for part-time workers) is a prerequisite for inclusion in an employment contract, it must be prescribed in the employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:

“The employee is set a five-day working week with a duration of 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.

Days off for the Employee are Saturday and Sunday.

“The work week of 12 hours is set for the employee. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.

Salary

The work of part-time workers is paid “in proportion to the time worked, depending on the output or on other conditions determined by the employment contract. This is indicated in article 285 of the Labor Code of the Russian Federation.

When establishing for persons working part-time with time wages, standardized tasks, wages are paid according to the final results for the amount of work actually performed. At the same time, part-time workers must be paid all the necessary regional coefficients and allowances, where such are established.

NOTE

Combination: do not miss the innovations Previously, the Labor Code did not regulate the issues of combination. Now, Article 60.2 regulates the procedure for performing additional work: When combining professions (positions); Expansion of service areas, increase in the volume of work; Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract. In accordance with Article 60.2, with the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of the Labor Code RF). The legislator established that the employer sets the period during which the employee will perform additional work, its content and volume with the written consent of the employee. Together with the new article, the employee’s right to early refuse to perform additional work appeared, as well as the employer’s right to cancel the order to perform it ahead of schedule by notifying the other party in writing no later than three working days in advance.

As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a part-time remuneration system is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: "the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of the labor expended, and is not limited to a maximum amount." Any kind of discrimination is prohibited in the setting of wages.

A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked the norm of working hours during this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage.” But the remuneration of part-time workers can be calculated in proportion to the hours worked or in proportion to the output and, thus, be less than the minimum wage.

Vacation

The procedure for granting leave to part-time workers is clearly stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for the main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If the employee has not worked for six months at a part-time job, then leave is provided in advance.

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for the employee after six months of his continuous work with this employer”, does not apply to part-time workers. An external part-time worker who wishes to receive a regular vacation at the same time as a vacation at the main place of work can be recommended to take the appropriate certificate from the main place of work and submit it to the employer who has part-time work.

The duration of the vacation of part-time workers, as well as the main employees, cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the duration of the vacation of a part-time worker at the main job is longer than at part-time work, the employer is obliged, at the request of the part-time worker, to provide him with leave without saving the salary of the corresponding duration. Calculation of the average wage for vacation pay and compensation for unused vacation is carried out according to general rules. This is stated in article 139 of the Labor Code.

What to do if the part-time worker, having used the vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee's salary for unworked vacation days.

Guarantees and compensation

For employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. The exception is the list of guarantees and compensations "to persons who combine work with education, working in the regions of the Far North and areas equivalent to them." In these cases, guarantees and compensations are provided to employees only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

One more exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of the organization or the termination of the activity of an individual entrepreneur (clause 1 of article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (clause 2 of article 81). Such an employee is paid only a severance pay in the amount of the average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at the main place of work, he does not retain the average monthly earnings for the period of employment.

Dismissal

An employment contract with a part-time job in accordance with Article 288 of the Labor Code may be terminated on general grounds. We recall that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for terminating an employment contract: “an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one.”

note: We are talking about a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to notify the part-time job in writing about this. Moreover, this must be done at least two weeks before the specified event.

In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to pay him in full.

And one moment. According to Article 66 of the Labor Code of the Russian Federation, “at the request of the employee, information about part-time work is entered in the work book at the place of main work on the basis of a document confirming part-time work.”

Kaskad LLC, represented by General Director Anatoly Evgenievich Vlasov, acting on the basis of the Charter, hereinafter referred to as the Employer, and a citizen of the Russian Federation Limonova Maria Grigoryevna, hereinafter referred to as the Employee, have entered into an additional agreement on the following: “The employee is entrusted, in order to combine positions, to perform the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month.” 2. This additional agreement is an integral part of the employment contract and comes into force on October 10, 2006. Addresses and signatures of the parties...

Combination of professions (positions)

When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Let's take a look at the nuances.

Under combination of professions is understood as the performance by the employee, along with the work defined by the employment contract, of additional work in another profession. Combination of posts is the performance by an employee of additional work in another position. The concept of "combination of professions" applies to workers, and the concept of "combination of positions" - to employees and specialists.

Combination also includes expansion of service areas, increase in the volume of work. In this case, the employee, along with the work determined by the employment contract, performs an additional amount of work in the same profession or position.

And finally, another type of combination is the performance of the duties of a temporarily absent employee without exemption from work determined by an employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or for other reasons) and who, in accordance with applicable law, retains a job (position).

The period during which the employee will perform additional work is set by the employer with the written consent of the employee. This is stated in article 60.2 of the Labor Code of the Russian Federation. The amount of payment for the combination is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in articles 60.2 and 151 of the Labor Code of the Russian Federation.

All types of combination of professions (positions) can be entrusted only with the written consent of the employee. The alignment is done in the following way. Due to the fact that the conditions on the “labor function (work according to the position in accordance with the staff list, profession, specialty, indicating qualifications; the specific type of work assigned to the employee)” are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions) must conclude an additional agreement to the employment contract.

On the basis of the additional agreement concluded, it is necessary to issue an order to combine positions, for example, with the following text:

"Limonova Maria Grigorievna, assistant secretary, to entrust, in the order of combining positions, the performance of the duties of an office manager from October 10, 2006 with an additional payment for combining positions in the amount of 5,000 rubles per month."

note: when applying for a combination, it is not required to conclude a new employment contract, as well as make entries in the work book.

The employee has the right to early refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement is also concluded to the employment contract, and on its basis an order is issued to cancel the combination.

• labor law

For many people, getting 2 jobs at the same time is the only way to get a decent level of salary. In order to implement this option of employment, it is necessary to carefully study the requirements of the legislation for employment in two organizations. In many cases, this can be done only in the regime of external labor combination.

Outsourcing - what is it?

External part-time employment is a simultaneous employment in 2 organizations, one of which is a permanent place of employment, and work in another organization is carried out only in free time from the main labor activity. This type of workflow organization is very common in such areas as education, culture, and medicine. In almost every field of activity, a citizen can count on additional employment in another organization.

The only exceptions are production hazardous to health, as well as organizations that use hard physical labor.

External part-time job according to the Labor Code

The procedure for hiring a part-time employee is described in detail in the following articles of the Labor Code of the Russian Federation: 282; 283; 284; 285; 286.

Before you get a job according to this option, you need to study these articles in order to know exactly how much working time you can count on when you work part-time, as well as about the rights and obligations of an employee who works in this mode.

Restrictions on accepting a part-time worker

Taking care of the health of citizens who are forced to combine their main work and labor duties in another organization, the legislator has developed restrictions for this category. At an additional place of work it is prohibited:

• Work more than 0.5 wages.
• Work according to this schedule if the employee is under 18 years old.
• Find a part-time job if holding this position according to such a schedule is prohibited by federal law.

In all other cases, the labor code provides an opportunity for any citizen of the Russian Federation to find additional part-time jobs. The number of such combinations is not limited.

How to accept such an employee?

It will not be difficult for an employer to accept an employee for a part-time position. On the contrary, if this employee is already working in another organization in this specialty, then this means that this specialist has professional experience in the "real time" mode.

To receive such a specialist, you will need to obtain the following documents from him:

The process of hiring an external part-time employee is carried out in the following sequence:

1. A citizen who is employed according to such a schedule must write an application addressed to the head of the organization. In the application, you must indicate a request for admission to a specific position in this organization, indicate the date, and certify this document with your signature.
2. An employment contract is concluded with such an employee, which indicates the amount of monetary remuneration, as well as his rights and obligations. This document is certified by the signature of the employee, and on the part of the employer, the head of the organization puts a seal and a personal signature.
3. The head of the organization draws up an order for the admission of an employee to a specific position. The order indicates the surname, name, patronymic of the new employee, the name of the position for which the specialist was hired. In this document, it must be indicated that the citizen is hired by. The order is certified by the seal and signature of the director, and the accepted employee must be familiarized with this document against signature. The order on the admission of an employee under an external part-time contract must necessarily be assigned a number and the date indicated.
4. A personal card is issued for the employee, which indicates his marital status, information about education.

At the request of an employee who wishes to enter information about work on, the employer must provide a copy. The employee must present this copy at the place of permanent employment so that the employer makes an entry in the work book.

The nuances of working conditions

If this employee is employed in an organization according to such a schedule with a load of more than 0.5 of the rate, then this will be a gross violation of the Labor Code of the Russian Federation. For the work of an employee of the company, who is employed part-time, there is a restriction on the time of work, which should not exceed 4 hours a day.

It is allowed only on those days when the employee is not involved in the main service. Leave for an employee who is involved in this organization according to such a schedule must be granted simultaneously with leave at the main job.

The rest of the conditions do not differ from ordinary employment.

How to apply for an employment record?

If you wish, you can make an entry in the work book about external part-time work at the place of your main job.

To confirm this type of employment, a citizen can present one of the following documents:

• A copy of the employment order.
• Letter from the place of work.

A copy of the order must be certified. To do this, the inscription “Copy is correct” is made on the document, and certified by the signature of a personnel worker. Certificate from the place of work, should be drawn up in such a way that
so that the position, date of employment and details of the order for the admission of this employee are indicated.

In order for the corresponding entry to be made in the work book, it is necessary to write an application addressed to the head of the organization where the employee works on a permanent basis. A copy of the employment order or a certificate from the place of employment according to such a schedule should be attached to the application.

When all the documents are collected, the head of the organization issues an order in any form, which refers to changes in the work book of an employee who has an external part-time job.

Making an entry in the work book is made in the following sequence:

• The serial number of the record is affixed.
• An exact record of the date of admission of the employee is made.
• A record is made of hiring an employee for a specific position, the specialty of the employee and the name of the organization where this specialist works
• An entry is made about the document on the basis of which this entry was made.

When an employee is dismissed from the place where he works part-time, a similar entry must be made in the work book, as in the case of admission to an external part-time job.

In the event that an employee leaves the main place, his external part-time job does not automatically become a permanent place of employment. If there is a desire to do secondary
employment as the main one, it is necessary to terminate the part-time contract, and draw up a standard contract.

Working hours and mode of operation

To ensure high labor efficiency, the legislation establishes temporary restrictions on the performance of labor duties at the place of external labor combination. Employment of an employee in such a place is allowed no more than 4 hours a day, and no more than 20 hours a week. It should be noted that the number of such places of work is not limited by law and a citizen has the right to cooperate with an unlimited number of organizations.

An employee can count on employment for more than 4 hours a day only if he has a day off at his main place of employment. In the context of the economic crisis, many people are thinking about additional earnings. When employed in an additional place, it is necessary to adhere to all legislative norms in order to have all the rights of an officially registered employee.

In contact with

1. Labor relations of persons working part-time are for the first time regulated at the legislative level in the Labor Code. Previously, the work of part-time workers was regulated by the Decree of the Council of Ministers of the USSR of September 22, 1988 N 1111 and the Regulation on the conditions of part-time work adopted in accordance with it, approved. Decree of the USSR State Committee for Labor, the USSR Ministry of Justice and the All-Union Central Council of Trade Unions of March 9, 1989 N 81/604-K-3/6-84. It should be noted that the very concept of "part-time work" in the Labor Code has not changed. In accordance with part 1 of the commented article, work under an employment contract is part-time if:

• an employment contract is concluded with an employee who is already in an employment relationship with the same or with another employer;
• under this contract, other work is performed, in addition to the main one;
• the work performed under another employment contract is regular and paid, and this work is performed by the employee in his spare time from his main job.

2. An employee has the right to conclude employment contracts for part-time work with an unlimited number of employers (part 2 of article 282 of the Labor Code of the Russian Federation). At the same time, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. Exceptions are cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of the legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Article 276).

3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under another employment contract with the same employer is called an internal part-time job, for another employer - an external part-time job (see comments to Article 60.1).

The commented article allows work in the order of internal part-time work both in the same specialty (profession or position) in which the main work is performed for this employer, and in another. In other words, an employee can work in the order of both external and internal part-time jobs in any specialty, profession or position stipulated by the employment contract, incl. and in the same way as in the main work.

4. When concluding an employment contract for part-time work, it must, along with other conditions, necessarily indicate that the work is part-time work (part 4 of the commented article; see also comments to article 57). Both internal and external part-time employment are formalized by an employment contract concluded in writing. In this case, the rules established by Art. 67 (see commentary to it).

By concluding an employment contract on part-time work, the employee acquires an appropriate legal status under this contract, which does not automatically change due to changes taking place at the main place of work. For example, if an employee terminated the employment relationship with the employer at the main place of work, then part-time work does not become the main one for him. This conclusion follows from the content of part 4 of article 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a mandatory condition of the employment contract, and art. 72 of the Labor Code, which provides that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to article 72).

5. Part 5 of the commented article provides for which categories of workers and under what conditions part-time work is prohibited.

In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.

Persons engaged in their main job in heavy work, work with harmful and (or) dangerous working conditions, can work part-time, provided that the work performed in part-time work is not related to the same conditions, i.e. severe, harmful and/or dangerous.

Employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles. The list of jobs, professions, positions directly related to driving vehicles or managing vehicle traffic is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (see comments to Article 329).

It is not allowed to work part-time in other cases, if it is expressly provided for by federal law. So, in accordance with Art. 14 of the Law on Municipal Service, municipal employees are not entitled to engage in part-time employment in other paid activities, except for pedagogical, scientific and other creative activities. According to Art. 21 of the Law on State and Municipal Unitary Enterprises, the head of a unitary enterprise is not entitled to be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activity, be the sole executive body or a member of the collegial executive body of a commercial organization, except for cases where participation in the bodies of a commercial organization is part of the official duties of this head.

6. Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.

Decree of the Government of the Russian Federation of April 4, 2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" (SZ RF. 2003. N 15. Art. 1368) established that the features of part-time work of these workers are determined Ministry of Labor and Social Development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

In accordance with the aforementioned Decree of the Government of the Russian Federation, the Ministry of Labor of Russia adopted Decree of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers" (BNA RF. 2003. N 51).

This Decree establishes the following features of part-time work for pedagogical, medical, pharmaceutical and cultural workers:

a) these categories of employees have the right to work part-time at their main place of work or in other organizations, incl. in a similar position, specialty, profession, and in cases where a reduced working time is established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation);

b) the duration of part-time work for the specified categories of employees during the month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

• for medical and pharmaceutical workers - half of the monthly norm of working time, calculated from the established duration of the working week;
• for medical and pharmaceutical workers whose half of the monthly norm of working time for their main job is less than 16 hours per week - 16 hours of work per week;
• for doctors and paramedical personnel of cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week;
• for junior medical and pharmaceutical personnel - the monthly norm of working hours, calculated from the established duration of the working week;
• for teaching staff (including coaches, teachers, trainers) - half of the monthly norm of working time, calculated from the established duration of the working week;
• for pedagogical workers (including trainers-teachers, trainers) whose half of the monthly norm of working time for their main work is less than 16 hours per week - 16 hours of work per week;
• for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week;
• c) the pedagogical work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work.

According to clause 2 of the Resolution, for the specified categories of workers, the following types of work are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

• a) literary work, incl. work on editing, translating and reviewing individual works, scientific and other creative activities without holding a full-time position;
• b) medical, technical, accounting and other expertise with a one-time payment;
• c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;
• d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;
• e) implementation by employees who are not on the staff of the institution (organization), the management of graduate and doctoral students, as well as the head of the department, the management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
• f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;
• g) work without holding a regular position in the same institution and other organization, incl. fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, leadership of subject and cycle commissions, work on the management of industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to graphics, etc.;
• h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;
• i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

Carrying out the work specified in sub. "b" - "h", is allowed during the main working hours with the consent of the employer.

When applying Article 282 of the Labor Code of the Russian Federation, it should be borne in mind that the said Decree should be applied subject to the changes introduced by Federal Law No. 90-FZ of June 30, 2006 in Art. 284. In accordance with the new wording of this article, the length of working time when working part-time is limited, as a general rule, to half the monthly norm (the norm of working hours for a different accounting period) established for the corresponding category of workers (see commentary to Article 284) .