Part-time work and combination in the new edition of the Labor Code of the Russian Federation. Employment contract with a part-time worker External and internal part-time employment - what is the difference

The employer and employee must discuss all the nuances of remuneration at the stage of drawing up the employment contract. At the same time, everything must be within the framework of labor legislation. Article 285 of the Labor Code of the Russian Federation states that part-time remuneration can be made:

in proportion to the time the employee worked;
depending on how much the employee managed to work;
on other conditions discussed with the employer and enshrined in the employment contract.

A part-time worker can work on a time-based basis. In this case, when setting standardized tasks for him, payment for part-time work is made depending on his final results, namely the actual amount of work that he managed to complete (Part 2 of Article 285 of the Labor Code of the Russian Federation).

Working hours of a part-time worker

Working hours are also one of the mandatory conditions that must be stipulated in the employment contract. The Labor Code of the Russian Federation ties remuneration for part-time work to working hours in case of time-based remuneration. The salary of a part-time worker cannot be more than half the salary of the main employee in the same position, since the working time of a part-time worker is limited.

The working hours of a part-time worker cannot exceed four hours per working day (Labor Code of the Russian Federation). On days when a part-time worker is released from work at his main place of work for some reason, he is allowed to work part-time for the whole working day (or the whole shift). The period of working time of a part-time worker for one month is limited to half the monthly standard of working time (or the standard for another accounting period) determined for the same category of workers.

Part-time work. Salary

The calculation of wages for a part-time worker and an employee at the main place of work is carried out identically.

The salary of a part-time worker, as well as an employee working at the main place of work, may consist of:

salary;
bonuses;
other payments.

The salary of a part-time worker is set according to the company’s staffing table. In this case, the calculation is made taking into account the fact that the working time of a part-time employee is shorter than the working time of the main employee.

If the company has established bonuses and other additional payments, then they also apply to part-time workers.

Payment for the work of a part-time employee is paid taking into account established benefits in the relevant region. For example, if regional coefficients and bonuses are provided for wages, then remuneration for part-time workers is made taking them into account (Part 3 of Article 285 of the Labor Code of the Russian Federation).

When can the wages of part-time workers be higher than the wages of main employees?

When determining the amount of a part-time worker’s salary, the employer must be guided by the rule according to which he is obliged to provide all company employees with equal pay for work of equal value (paragraph 6, part 2, article 22 of the Labor Code of the Russian Federation).

There are situations when a part-time worker fulfills the norm of a full working day for half the working day of the main employee. Or other situations when a part-time worker overworks the workload of the main employee for his part-time work. Or the qualifications of the part-time worker are higher than those of the main employee. In this case, the employer is interested in maintaining the full salary for the part-time worker. In this case, the employer has the right:

make a change to the staffing table by adding a position with a higher qualification with the number of staff units -1/2 and with the corresponding official salary;
determine the part-time employee’s payment depending on the amount of work performed. This condition is necessarily stipulated in the employment contract.

Remuneration for internal part-time work.

The remuneration of a part-time worker working in the same company and at his main place of work does not differ from the rules described above. His payment depends on the established wage system and, accordingly, the time spent on work (with a time-based system), or the volume of work performed (with piecework payment). Remuneration for external part-time workers - workers who come to work part-time from another company - is also regulated by the rules described above.

Posted on 11/29/2017

After making sure that a particular employee can perform part-time work, an agreement is concluded with him, and a note is made in the work book.

One of the ways to overcome the crisis is to look for a part-time job, which will increase your income and protect yourself from lack of money. However, a person can have only one main job, and all others are part-time. This means that the work is done in your free time.

And although theoretically you can be a part-time worker in two or three companies at once, most often only one additional position is selected. If you are looking for a part-time job, how to apply for it correctly is a question that needs to be resolved correctly.

Employment contract.
According to Article 282 of the Labor Code of the Russian Federation, the signing of an agreement between the parties is mandatory.
Indication of part-time work. Both in the contract and in the work book there must be a note about this circumstance.
Compliance with restrictions. In some cases, part-time work is not possible (for example, if the head of the company is not given appropriate permission by the body authorized to make decisions or by the owner of the property).
Length of the working day. According to Article 284 of the Labor Code of the Russian Federation, it cannot be more than 4 hours daily. But if an employee is suspended from his main job or suspended until his salary is paid, these restrictions do not apply.

It should be noted that the maximum working week for a part-time worker cannot exceed half the standard time established for given working conditions.

ADMISSION TO PART-TIME EMPLOYMENT

Thus, for the vast majority of applicants, the norm is 80 hours per month (20 hours per week).

The following documents are required for employment:

Identity card (passport, residence permit);
Insurance certificate (for paying contributions to the Pension Fund);
Confirmation of specialized education (if necessary to perform the work);
Certificate of employment conditions at the main job;
Information about military registration (if the person is subject to compulsory conscription or is in service).

On the beginning of the relationship, an order is issued in the T-1 form, which must be brought to the attention of the employee.

Features of payroll

The law establishes that payment is calculated according to the terms of the contract. In addition, all increasing coefficients provided for specific operating conditions (night time, holidays, etc.) are subject to application.

Features of providing leave

Annual leave for part-time workers is granted simultaneously with the place of their main employment.

If 6 months have not passed since the date of registration, the employer is obliged to let the person go on vacation “in advance”; he has no right to refuse. If the main job has more vacation than the additional one, the part-time worker has the right to cover the difference through vacation at his own expense. This request cannot be refused.

Additional grounds for dismissal

If the employer selects a permanent employee for the vacancy, he has the right to terminate the employment relationship with the part-time worker. This requires notice 2 weeks before the proposed dismissal. It should be noted that the above is true if the contract between the parties is concluded for an indefinite period.

In case of staff reduction, a part-time worker, if he has a permanent job, does not receive severance pay in the amount of a monthly income, and also does not receive an average monthly salary for 2 months from the date of dismissal. Thus, it is much easier to reduce a position, which is often abused by employers.

In case of dismissal, both salary and compensation for unused vacation are mandatory. If there is a dispute between the parties about the amount, the employer is obliged to pay the amount that it does not dispute.

A number of categories of persons are not allowed to work together:

Children under 18 years of age;
Employees of organizations with harmful and dangerous conditions;
Transport drivers (if part-time work involves performing similar duties);
Security guards and managers of private security organizations;
Civil servants (as well as judges, police officers, prosecutors, etc.), military personnel, a number of categories of employees of the Bank of Russia, lawyers;
Heads of organizations (in the absence of permission from the authorized body of the company, the owner of the property);
Teachers, doctors, pharmacists, cultural figures.

Summary

Thus, the topic considered is well developed both in theory and practice, so the number of disputes and collisions is reduced to a minimum. Of course, the legislator cannot provide for absolutely all situations, so problematic issues arise from time to time. We recommend that applicants carefully study the contracts they sign and do not make important decisions without prior legal advice.

Victor Stepanov, 2016-06-27

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Reference materials on the topic

Return to Recruitment

Hiring part-time workers is a very common situation. But we must remember that for part-time workers, the Labor Code provides for a number of features, both during registration and during work.

Part-time status presupposes regular performance of work (Article 282 of the Labor Code of the Russian Federation). That is, the concept of “part-time worker” is not at all equivalent to the concept of “temporary worker”. On the contrary, a part-time employee is the same full-time employee who constantly performs his duties in the organization. Therefore, if the work is one-time in nature (for example, it is necessary to restore accounting), then it is better to conclude not an employment contract, but a civil law contract.

Another feature of part-time work is that the employee works in his free time from his main job. Moreover, a part-time worker can work both at the place of his main job (internal part-time job) and in other organizations (external part-time job). Art. speaks about this. 282 Labor Code of the Russian Federation.

The question arises: how many part-time contracts can one person conclude at the same time? And when applying for a job, is it necessary to check how many organizations the candidate is already listed as a part-time worker?

Let’s say right away that the Labor Code does not limit the number of part-time jobs. Therefore, there is no need to check where else the applicant works. Moreover, it is almost impossible to do this. After all, data on part-time work is entered into the work book only at the request of the employee.

When hiring an internal part-time worker, you do not need to require any additional documents. He had already presented all the necessary documents when applying for the main position (Article 65 of the Labor Code of the Russian Federation). When hiring an external part-time worker, ask for:

– passport or other identity document;
– document on education (its copy) (when applying for a job that requires special knowledge);
– a certificate about the nature and working conditions at the main place of work (when hiring for hard work, work with harmful and (or) dangerous working conditions).

Such a list of documents is established in Article 283 of the Labor Code of the Russian Federation.

At the same time, in order to correctly calculate “pension” contributions, the accountant will need the data from the Pension Fund of Russia insurance certificate. Therefore, you need to make a copy of this document. But a work book is not needed for part-time employment. After all, it is carried out at the place of main work (Article 66 of the Labor Code of the Russian Federation). Therefore, if when applying for a job you need information about an employee’s length of service, you can ask him to bring only a copy of the work record book.

When applying for a part-time job, just as when applying for a main employee, you must conclude an employment contract. Moreover, the contract is drawn up, even if we are talking about internal part-time work. A special feature of such an agreement will be a note that the work is performed part-time. Otherwise, the same requirements apply to the contract as for contracts at the main place of work (Article 10 of the Labor Code of the Russian Federation).

In addition, you need to create a personal file for the part-time worker. It must contain a copy of an identity document, a copy of a diploma or other document on education or professional training.

Rules for hiring part-time employees

Also kept in the personal file is a copy of the employment contract, employment order and other documents defining the nature of the labor relationship between the employer and part-time worker.

Some citizens cannot be hired for part-time work. These include, in particular:

– minors (Part 5 of Article 282 of the Labor Code of the Russian Federation);
– citizens who are hired to work under harmful and (or) dangerous working conditions, if their main work is related to the same conditions (Part 5 of Article 282 of the Labor Code of the Russian Federation);
– prosecutorial employees (except for teaching, scientific and creative activities) (clause

5 tbsp. 4 of Law No. 2202-1);
– citizens who are hired for work related to driving or controlling the movement of vehicles, if at their main place of work they perform the same job duties (Part 1 of Article 329 of the Labor Code of the Russian Federation). The list of positions and professions to which this restriction applies was approved by Decree of the Government of the Russian Federation No. 16;
– judges (except for teaching, scientific and creative activities) (clause 3 of article 3 of Law No. 3132-1);
– police officers (except for teaching, scientific and creative activities) (Article 20 of Law No. 1026-1).

If a company mistakenly hires an employee who is prohibited from working part-time, he will have to be fired under paragraph 11 of Article 77 of the Labor Code of the Russian Federation (as a violation of the rules for concluding an employment contract, which precludes continued work).

Please note: employment contracts for part-time employment cannot be concluded with certain categories of employees at all. For example, similar restrictions are provided for civil servants (Article 17 of Federal Law No. 79-FZ “On the State Civil Service of the Russian Federation”). They are prohibited from performing paid work on a part-time basis, unless such work is scientific, teaching or other creative work. And the head of an organization can work part-time only with the permission of the authorized body or the owner of the property of this legal entity. This is the rule of Art. 276 Labor Code of the Russian Federation.

Article 276 of the Labor Code of the Russian Federation allows the head of an organization to work part-time. However, such work is permitted only with the permission of the authorized body of the legal entity or the owner of the organization’s property, or a person (body) authorized by the owner.

Obviously, the management body of the organization authorized to allow the manager to work part-time is the management body that has the right to hire the head of the organization (appoint the head of the organization).

Thus, an employee can be the head of several organizations at once, if the relevant management bodies of these organizations have expressed their consent to this. According to Part 2 of Art. 276 of the Labor Code of the Russian Federation, the head of an organization cannot be a member of the bodies exercising control and supervision functions in this organization (for example, an audit commission, a labor protection service).

Staffing table
Collective agreement
Employment contract
Employee personal card
Vacation schedule

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Necessary documentation for employment on external and internal part-time jobs. In order to become an external part-time worker, a worker must provide the following documents to personnel employees:

your consent to perform your duties;
ID card and its photocopy;
photocopies of your training diploma (if needed);
a certificate from 1 place of work (in particular, from a company where there are dangerous working conditions for humans);
extract from the work book;
other documents (in particular, TIN).

In order to become an internal part-time worker, you only need to provide the HR department with your consent. Part-time employment - sample order The internal order is drawn up by the personnel department according to the special form T-1, which is established in Resolution of the Federal State Statistics Service of the Russian Federation No. 1 of January 5, 2004.

But an advertising manager will not be able to work as a taxi driver if this is not on the list of job responsibilities. In this case, a new contract must be concluded. When recruiting internal part-time workers, HR employees draw up both fixed-term and indefinite contracts.

Consent of the employee Based on the written consent of the future part-time employee, personnel officers enter into a specific contract. You can view a sample agreement below: Employment on an external part-time basis under a fixed-term contract According to Art.

58 of the Labor Code of the Russian Federation, a part-time contract is concluded for any period or up to 5 years as a maximum (fixed-term contract). Temporary In a temporary combination, the future employee signs a fixed-term contract with the director of the company for a specific period of up to 5 years.

After all the documents have been provided and the applicant for a part-time job has written a corresponding application, an employment contract is concluded between the organization and the part-time job. On the main points, this agreement should not differ in any way from the standard agreement accepted in the organization, with the exception of the validity period (fixed or unlimited).

In the agreement on external part-time work, the note “by combination” is also required.

Registration of a part-time employee

In case of internal combination, an employee who is on the company’s staff is involved in performing tasks. For internal and external combination, it is important that a number of conditions are met.
In particular, formality and regularity of work, decent wages and time free from main activities. At the same time, each employee has the right to perform as many additional duties as he can physically handle - in this case, the law does not provide for any restrictions. The main difference between internal and external part-time workers is the paperwork when applying for a second job. Internal combination: the essence The peculiarity of internal combination is that an employee can combine work while in the same position. This practice is common, for example, among teachers and professors, when they teach part of the classes in one subject and part in another.

Features of hiring part-time employees

This happens at 1 worker’s workplace. Entering data about an employee into the labor record occurs according to the rules that are prescribed in the Resolution of the Ministry of Labor dated October 10, 2003 No. 69 and the Government of the Russian Federation dated April 16, 2004 No. 225.Z In such a situation, the personnel officer performs the following actions:

finds his work book in the worker’s personal file;
In the employee's employment record, he finds a record of enrollment in the company's staff. In most cases, it belongs to the last director of the company for whom the worker works and for whom he wants to work in combination;
Without deviating one line from the last entry, the employee puts down in the left column the number that follows immediately after the previous one in the entry;
further, the personnel officer sets the date for registration of the employment record;
then he fills out the main line, which contains information about the enrollment of a Russian citizen into the company's staff.

External and internal part-time work according to the Labor Code of the Russian Federation

Attention

The Labor Code of the Russian Federation does not prohibit hiring a citizen to perform other job functions or the same ones. For example, citizen Petrov V.V. works as a mathematics teacher at school No. 1, and in his free time he part-time replaces an absent janitor.

This situation will relate to internal cooperation, since citizen Petrov works on a permanent basis in two professions at the same school. External External part-time work involves an employee performing certain tasks for another employer who does not have his or her main job.

For such activities there is no need to obtain permission from the main workplace or from an authorized legal entity. The exceptions are:

heads of organizations (Art.
members of the collegial executive body of the organization (Art.

Hiring a part-time worker. step-by-step instruction

Sample application for part-time employment The application for part-time employment must indicate:

Full name of the employee;
employee's place of residence;
Full name of the head of the company;
the day on which the employee will start working;
Job title;
a list of specific attachments to the application;
working conditions;
additional information.

Differences in employment for newly hired and already employed workers in the company For newly hired workers The procedure for applying for a part-time position for newly hired, dismissed or transferred employees is established in the Labor Code of the Russian Federation.
According to the Labor Code of the Russian Federation, an employer dismisses a part-time worker on the following grounds:

if the contract term has come to an end (when signing a fixed-term contract);
if the employer has found a new candidate for the worker’s job;
if the employee submitted an application to leave the company on his own initiative;
if both the director and the employee have reached an agreement to terminate the employment relationship;
on the initiative of the manager in case of non-compliance with the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.

At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, while caring for a child, during pregnancy and after childbirth, etc.). The nuances of part-time employment When employing a part-time person, the personnel officer must be extremely careful.

when hiring a part-time employee on a permanent basis.

Cancellation of part-time work Termination of part-time work occurs on a general basis and in the presence of compelling reasons (Article 77 of the Labor Code of the Russian Federation): The law prohibits the dismissal of employees who are on sick leave or on vacation (for example, for child care, pregnancy and childbirth, etc.) .d.).

Part-time work: how to register correctly

Documents Termination of an employment contract Necessary documents at the initiative of the employee or both parties

the employee must write a letter of resignation;
the employer issues an order (instruction) on dismissal;
A corresponding entry can be made in the employee’s work book.

at the initiative of the employer, the employee is not required to write a statement; he will receive an appropriate dismissal order.

Hiring external and internal part-time workers

Its main essence should not differ from a regular employment contract, but it is necessary to include the designation “on a part-time basis.” In addition, the number of hours an employee spends on part-time work cannot exceed 50% of the standard number of working hours per week. The employment contract signed by the parties is the basis for the issuance of a corresponding order by the management of the organization, which must contain the number of hires as an internal part-time worker, as well as a mention of the employment contract.

If the employee expresses a desire, then in his work book, the company’s personnel specialist is obliged to make a record of the combination. So, let's summarize. To arrange internal alignment, you need to take several steps.

For many people, combining several jobs is not only prestigious, but also profitable. When leaving one organization, a person has a “safety cushion” in the form of another job. However, most employers are skeptical of applicants who are not limited to one place of employment, preferring to refuse such workers. Nevertheless, the head of each enterprise must have information about the correctness of receiving data from citizens and about the rights that current legislation provides. This will be discussed in the article.

What does external part-time work mean?

According to current legislation, external part-time work is simultaneous employment in two organizations.

At the same time, one is the main place of work for a person, and in the second he works during a period of time free from his main type of employment. An external part-time worker is an employee working at two different enterprises. This type of activity is most widespread in medicine, science and culture.

Registration of a part-time employee according to the Labor Code of the Russian Federation

According to the laws of the Russian Federation, all employees must be officially employed. At the same time, they give the HR department the same documents as when applying for employment at the main place. As for the work book, it is problematic for many applicants to provide the original, since it is located in another organization. But personnel officers are required to issue a certified extract upon a person’s request.

In addition to the employment extract, the applicant needs the following documents:

application for admission;
passport;
schedule from permanent place of work;
a certificate from a permanent place of employment confirming that the employee’s activities are not associated with harmful production conditions and excessive physical exertion.

When all documents are provided, an agreement is drawn up with the organization where the citizen will work part-time.

The procedure for hiring a second job involves the following procedure:

The candidate writes an application for admission and submits a package of documents.
The HR department of the organization draws up an employment contract.
The manager issues an employment order. Even in the absence of an order, the contract is recognized as valid and entered into force immediately after the employee begins to perform his direct official duties;
The HR and accounting departments generate a personal card and open a current account (if necessary). The employee is assigned a personnel number.

If an employee wants a record of a second place of employment to be entered on his employment record, the enterprise gives him a copy of the employment order, which he takes to his permanent place of work.

Restrictions on accepting a part-time worker

It is important to understand that not every specialist will be able to combine work at two enterprises. These restrictions are established by Art. 282 of the Labor Code of the Russian Federation and special industry legislation.

According to them, it is prohibited to accept on a part-time basis:

specialists to perform work related to hazardous production conditions, if they perform the same duties at their main place of work;
persons under the age of 18;
employees for the positions of drivers, machinists, pilots, or other persons whose activities will be related to driving vehicles, if they perform the same work at their main place.

The full list is given in Decree of the Government of the Russian Federation dated January 19, 2008 No. 16.

In addition to the above persons, the legislation establishes restrictions on combining work at two enterprises in relation to the following categories of citizens:

employees of state and municipal authorities;
members of the Government of the Russian Federation;
judges;
heads of educational institutions created by the state;
employees of structures whose activities are related to security (military personnel, employees of the internal affairs department).

There is also a ban on combinations of jobs for some bank employees, doctors, and pharmacists.

If an enterprise decides to hire a specialist who, according to current legislation, is limited in this area, the company faces administrative liability for this (based on Article 5.27 of the Code of Administrative Offenses of the Russian Federation), the employment contract is declared invalid.

As for the part-time worker, he is not obliged to possess information and provide documents that restrict him from combining and employing any other enterprise. Such issues rest entirely with the receiving organization, as does responsibility for violations of labor laws. Therefore, the first thing that the head of the company where the applicant has applied for employment must do is to request documents from him that will clearly describe the nature of the work performed at the main location.

Pay, vacation, sick leave

The salary amount for external part-time workers is set individually by the head of the organization. In doing so, he makes a decision based on the following factors:

the number of hours the employee worked;
labor productivity (products produced);
sales.

If other methods of calculating wages are used, the employment contract must contain information about them. In this case, the part-time worker is entitled to the accrual of all coefficients and allowances provided for personnel whose work is the main one.

Part-time workers also have the right to receive annual paid leave. Its duration should not be less than that established by labor legislation.

Leave for employees working part-time is provided on the basis of the leave schedule approved by the organization for the current year. Vacation leave for the two enterprises where the employee works must strictly coincide. Even if he has not earned a full vacation, the manager gives him the allotted days in advance.

A specialist working part-time can go on maternity leave or study leave. In this case, the employee is provided with maternity leave at two places of work. If a woman has worked in both organizations for the last two years, she can receive maternity benefits from both companies.

The expectant mother has the right to receive child care benefits until she reaches the age of 1.5 years only in one place of work, which is chosen by the woman independently.

Study leave, according to current legislation, is provided at the main place of employment. At the same time, an employee working part-time has the right to take leave at his own expense for the period of study or continue to work, which is not a violation of labor legislation, because his working day does not exceed 4 hours, and the work is performed in his free time.

Part-time workers are also entitled to paid sick leave. The Ministry of Health and Social Development of the Russian Federation has revised the requirements according to which sick leave for a part-time worker is paid both at the place of his main job and at a part-time job only if the work experience at two enterprises is at least 2 years. The employee provides the original sick leave certificates to the accounting departments of both organizations.

Working hours and working hours

Art. 284 of the Labor Code of the Russian Federation limits the time a specialist can work at a second enterprise, which is not his main place of employment, to 4 hours. Thus, these employees can only be hired on a part-time basis. If a specialist works for other employers, there are also legislative norms for this.

An employee may exceed the permissible daily allowance on a day off, provided that the total monthly duration does not exceed that established by applicable law.

According to Art. 95 of the Labor Code of the Russian Federation, such employees have the right to reduce their working day by one hour on a pre-holiday day, while the duration of the shift will not affect the level of their remuneration.

Advantages and disadvantages of external part-time work

The benefits that a specialist who combines work at different enterprises will receive include:

the opportunity to receive additional income;
realization of your creative inclinations;
acquiring new skills, knowledge and experience;
additional guarantee of financial support in case of dismissal from the main place of work;
testing your abilities in a new field of activity, if the responsibilities at the new place of work are radically different from the main ones.

The disadvantages include the following:

The main difficulty lies in combining vacation schedules. In this regard, you have to make a choice in favor of vacation at one of two places of employment;
constant workload.

Conclusion

If you decide to officially get an additional job, you need to weigh the pros and cons and carefully study the legal aspects of such registration. Then you will be able to avoid troubles in the future. The same applies to employers. If an organization needs to hire a new specialist on a part-time basis, management must employ the employee in full compliance with the legislation governing labor relations.

When hiring a part-time worker to your company, the employer should know the stages and nuances of employment, the list of specific documentation, as well as the algorithm of actions when canceling an employment contract.

In addition, there are some categories of workers who do not have the right to be part-time workers or have some restrictions.

In terms of timing, such a document can be of 2 types:

urgent (Article 58 of the Labor Code of the Russian Federation);
unlimited (Article 59 of the Labor Code of the Russian Federation).

At the moment, workers can be internal and external part-time workers. Such an employee works only during non-working hours. He receives a salary and works only under an official contract.

External and internal part-time employment - what is the difference?

Everyone employed in the Russian Federation has the right to be both an external and an internal part-time worker. His hiring occurs in the same way as an external one.

An internal part-time worker is an employee who performs 2 or more jobs in 1 company, and an external part-time worker is an employee who works in different companies.

Internal

Being an internal part-time worker, the worker works for the same director of the organization who has his main job.

So, Ivanov V.V. is a labor teacher at school No. 7, and after school he works as a janitor. This is an internal part-time job, because Ivanov works in 2 specialties in the same school institution.

External

External part-time worker - a worker works for a manager for whom he does not work at his main job. In such a situation, the employee does not receive a work permit from the employer or legal entity.

Only the following workers should receive permission to perform labor duties as an external part-time worker:

directors of companies (Article 276 of the Labor Code of the Russian Federation);
members of the company administration (Article 281 of the Labor Code of the Russian Federation);
a citizen involved in professional sports and a coach (Article 348.7 of the Labor Code of the Russian Federation).

Prohibition on registration of part-time jobs

The duration of a working day for 1 month cannot exceed the duration for 1 month for the main priority work.

The working hours of part-time workers are not limited in the following situations:

if the employee temporarily stopped working in his first position (Article 142 of the Labor Code of the Russian Federation);
if the employee was removed from his original position (Article 73 of the Labor Code of the Russian Federation).

On weekends, the worker performs his duties 9 hours a day (full working day).

Necessary documentation for external and internal part-time employment

In order to become an external part-time worker, the worker must provide the following documents to the personnel:

your consent to perform your duties;
ID card and its photocopy;
photocopies of your training diploma (if needed);
a certificate from 1 place of work (in particular, from a company where there are dangerous working conditions for humans);
extract from the work book;
other documents (in particular, TIN).

In order to become an internal part-time worker, you only need to provide the HR department with your consent.

Part-time employment - sample order

The internal order is drawn up by the personnel department according to the special form T-1, which is established in Resolution of the Federal State Statistics Service of the Russian Federation No. 1 of January 5, 2004.

This happens only after a contract has been concluded between the employer and the new employee.

Step-by-step instructions for applying for a second job

When applying for a job, a future part-time worker performs the following actions:

draws up a written application and provides the future employer with all documents (identity card, Taxpayer Identification Number, training diploma, etc.);
carefully studies local legal acts;
signs a contract with the following entry “on part-time basis”. The contract specifies a different number of labor hours per day and other nuances;
after signing the contract, the worker receives 1 copy of it;
The company administration issues an order, after which the new worker enters the workplace within the period specified in the contract.

After adding a new part-time worker to the company’s staff, the personnel officer makes an entry in the work book at the request of the worker, and also draws up a personal card or draws up a personal file.

Sample application for employment of a part-time worker

The application for registration for part-time work must indicate:

Full name of the employee;
employee's place of residence;
Full name of the head of the company;
the day on which the employee will start working;
Job title;
a list of specific attachments to the application;
working conditions;
additional information.

Differences in employment for newly hired and existing employees of the company

For newly hired workers

The procedure for applying for a part-time position for newly hired, dismissed or transferred employees is established in the Labor Code of the Russian Federation. In this case, the citizen of the Russian Federation performs the following actions:

gives HR officers an identity card and its photocopies, training documents, etc.;
submits a certificate from the company to the personnel department - from the main workplace (for example, when working in a company in which it is harmful to work, when driving a car, etc.).

For workers in the company

In order to become an internal part-time worker, the worker does not have to provide HR officers with photocopies of his passport and training diploma, because the HR department already has such information.

However, an internal part-time worker provides other documents to personnel officers in the case where the 2nd position implies a different profession.

Part-time employment - entering data into the work book

The personnel officer records information about employment in the part-time worker’s work book at his request. This happens at 1 worker’s workplace.

Entering data about an employee into the labor record takes place according to the rules that are prescribed in the Resolution of the Ministry of Labor dated October 10, 2003 No. 69 and the Government of the Russian Federation dated April 16, 2004 No. 225.Z

In such a situation, the personnel officer performs the following actions:

finds his work book in the worker’s personal file;
In the employee's employment record, he finds a record of enrollment in the company's staff. In most cases, it belongs to the last director of the company for whom the worker works and for whom he wants to work in combination;
Without deviating one line from the last entry, the employee puts down in the left column the number that follows immediately after the previous one in the entry;
further, the personnel officer sets the date for registration of the employment record;
then he fills out the main line, which contains information about the enrollment of a Russian citizen into the company's staff. In this he makes the following entry: “Hired part-time for such and such a position.”

The fact that he does not indent a line from the last entry and does not indicate information about the new employer suggests that the worker is an internal part-time worker;

Then the personnel officer puts the number and the specific day the order was drawn up. In most cases, the order is issued before the employee’s data is recorded in the labor record;
then he puts the company’s seal in the work book and receives the signature of the employer and his deputy.

This concludes the registration of the worker’s work book. Below we discuss in detail the procedure for recording data in the work record of an external employee.

External part-time employment - entering data into the work book

When hiring an external part-time worker, the HR officer performs the following actions:

takes the worker’s work book from the personal file and opens it on the double page where information about the main workplace was most recently written;
retreats exactly 1 line from the last entry and begins to fill out the labor one;
in column 1, enter the entry number (in order);
in column 2 records the date of registration;
in column 3, the HR officer indicates the name of the new company where the external part-time employee now works. For example, “Winnie the Pooh LLC”;
on the next line, the personnel officer writes: “Hired based on the fact of holding such and such a position”;
then he indicates in column 4 the date of preparation and the number of the order, and also puts the employer’s signature and seal.

As a result, there is nothing difficult in registration, but most personnel officers make many mistakes in this simple matter.

Part-time employment at 0.5 rate

A part-time worker can also work part-time.

Orders to enroll a worker on a part-time basis are issued in the following situations:

when the full rate of a job unit is removed from the company’s staff, and there are 0.5 job units. In such a situation, employers employ the main worker, or part-time worker (internal, external);
when 1 position rate is divided into 2 people (1 and 2 employees receive 0.5 rates each). Situations may be different (one part-time internal worker at 0.5 times the rate, another external part-time worker).

When employed part-time, an employee submits the following documents to the personnel department:

passport or other document that identifies a person;
a diploma of education or vocational training or correctly certified photocopies (when registering as a worker, which requires special knowledge);
a certificate of working conditions for 1 workplace (when applying for hard work, in a company that has harmful and unsafe working conditions);
SNILS (plastic card);

Before becoming a part-time worker, the employee does not show the work book to the staff.

When hiring a citizen of the Russian Federation, personnel officers draw up a contract, which must stipulate that the work is considered a combination.

Based on the contract, personnel officers draw up an employment order.

Issuing a well-drafted order for enrollment is just as important as filing a lawsuit in court.

Applying for a full-time job

When applying for a job, the future employee writes an application for part-time work, which is then signed by his employer.

The contract has the same form as when joining the staff for the main position. However, the personnel officer indicates the following information in it - the worker works part-time.

If you are working internally, you do not need to provide HR officers with your passport and training diploma again.

With internal combinations, HR officers often manage without drawing up a new contract. In such a situation, the personnel officer draws up an additional agreement.
The director of the company concludes an additional agreement with the employee if the employee combines his main job in the same specialty.

When recruiting internal part-time workers, HR employees draw up both fixed-term and indefinite contracts.

Employee consent

Based on the written consent of the future part-time employee, personnel officers enter into a specific contract.

You can view a sample agreement below:

External part-time employment under a fixed-term contract

According to Art. 58 of the Labor Code of the Russian Federation, a part-time contract is concluded for any period or up to 5 years as a maximum (fixed-term contract).

Temporary

In case of temporary combination, the future employee signs a fixed-term contract with the director of the company for a specific period of up to 5 years.

You can work part-time under a fixed-term contract in the following situations:

if the worker performs temporary and seasonal part-time work;
if the employee is undergoing an internship or training;
until an employee who is absent appears at the workplace;
when earning money abroad or in the North;
when eliminating the consequences of emergencies or emergencies;
if the company employs less than 40 people;
in other activities that are temporary in nature. In this type of work, it is difficult to determine a specific duration of the contract.

Permanent

In case of permanent combination, the worker enters into an open-ended contract with the employer.

Such an agreement is usually terminated at the request of the worker.

Dismissal of a part-time worker

According to Art. 77 of the Labor Code of the Russian Federation, the employer dismisses a part-time worker on the following grounds:

if the contract term has come to an end (when signing a fixed-term contract);
if the employer has found a new candidate for the worker’s job;
if the employee submitted an application to leave the company on his own initiative;
if both the director and the employee have reached an agreement to terminate the employment relationship;
on the initiative of the manager in case of non-compliance with the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.

At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, while caring for a child, during pregnancy and after childbirth, etc.).

The nuances of part-time employment

When employing a part-time worker, the personnel officer must be extremely careful.

The HR department employee and the future employee must clearly indicate the name of the company, dates and numbers, etc. in the employment contract.

After hiring a new employee, the director of the company submits information to the following authorities:

to the commissariat if the worker is liable for military service;
to the place of previous work, if the employee was a civil servant and was dismissed 2 years earlier (Article 64.1 of the Labor Code of the Russian Federation).

The employee receives money on the card if the company transfers salaries in non-cash form. A new employee can take personal account information to accountants.

The employer cannot refuse an external part-time worker’s request to use his card, even if the company transfers funds to another bank.

At the moment, many employees from the personnel department make spelling mistakes when employing internal part-time workers. Personnel officers make mistakes in job titles, orders and write the wrong dates.

To avoid the mistakes described above, the employer periodically checks the work of its personnel employees.

As in previous years, the work of part-time workers in 2019 is regulated by the provisions of the Labor Code, which determines the procedure for hiring and dismissing part-time workers. In this material we will tell you what the main differences are in the work of external and internal part-time workers in 2019, how the employment and dismissal of part-time employees is formalized, and how the work of part-time workers is paid.

From this article you will learn:

how the employment of part-time workers is formalized;
how part-time workers are dismissed;
What is the procedure for paying part-time workers?

Part-time work is a mode of employment in which an employee has a main place of work, and devotes time free from this employment to other paid work. Depending on who is the employer for such an employee, there are internal and external part-time work: if the main and additional work is performed for one employer, we are talking about internal part-time work; if the employers are different organizations, such part-time work is called external.

The Labor Code of the Russian Federation contains several main articles devoted to issues of part-time work:

Art. 282 includes basic terms and concepts used in the regulation of part-time work;
Art. 283 determines the list of documents that a personnel employee has the right to demand from an employee applying for a part-time job;
Art. 284 regulates the length of the working day of part-time workers;
Art. 285 establishes the terms of payment for part-time workers;
Art. 286 determines the procedure for exercising the right of part-time workers to leave;
Art. 287 fixes benefits and compensation for employees who work part-time;
Art. 288 lists the legitimate grounds for an employer’s refusal to continue employment relations with a part-time employee.

External and internal part-time work in 2019

The current labor legislation does not limit an employee in the number of positions that he can hold part-time. In this case, both at the main and additional place of work, an employment contract must be concluded with such a specialist, which can be either fixed-term or concluded for an indefinite period. However, when hiring a part-time employee, an employer must keep in mind that some categories of employees cannot be employed part-time. In particular, we are talking about minor citizens. In addition, if additional work involves working in dangerous or harmful conditions, persons whose main work takes place in similar conditions cannot be hired.

The employer is obliged to provide a part-time worker with leave during the period coinciding with his leave at his main job. This rule applies even if six months have not yet passed since the date of taking up a part-time job. If the duration of paid leave at an additional place of work is less than at the main place of work, the employee has the right to supplement it with leave at his own expense in order to achieve an equal duration of both rest periods.

Finding a part-time job in 2019

An employment contract concluded with an employee hired on a part-time basis in 2019 must necessarily contain information that this work is performed as additional work. At the same time, the remaining parameters of the process of registering an employee for a job almost completely coincide with the placement of a primary position. A representative of the personnel service of an additional employer has the right to demand from the employee all the documents provided for by current legislation, except for the work book, since the responsibility for its storage rests with the main employer.

If the employee expresses such a desire, an entry about the availability of additional employment must be made in his work book at his main place of work. To do this, you must provide the HR department of your main employer with order for part-time employment or another document confirming this fact. If a part-time worker is going to take a position that requires work in harmful or dangerous working conditions, he may need a certificate stating that his working conditions at his main place do not differ from normal ones.

The procedure for dismissing part-time employees in 2019

The most common grounds for termination of an employment contract, listed in Article 77 of the Labor Code of the Russian Federation, can rightfully be applied to part-time workers. At the same time, in this case it is possible to use another basis, which is fixed in Art. 288 Labor Code of the Russian Federation. We are talking about hiring an employee for whom the place of work in question will be the main one. However, the employer has the right to independently choose the grounds for separation from his employee that are most appropriate to the current situation.

Payment for work and periods of temporary disability of part-time workers in 2019

As for payment for periods of temporary disability, including the period of maternity leave, the procedure for their payment depends on the duration of the employee’s work at the main and additional places of work. So, if he worked in each of them for less than two years, payment of cash disability benefits is made for one of them, depending on the choice of the employee. In this case, the basis for calculating the amount of benefits is the average earnings for the two calendar years preceding the period of illness or pregnancy. If the employee’s work experience in each position is more than two years, the benefit will be accrued and paid for both the main and additional places of work.

Attached files

Employment contract with internal part-time worker (form).doc
Register of part-time workers (form).doc
Order on dismissal of an internal part-time worker (form).doc
Certificate of confirmation of part-time work (form).doc
Certificate about the nature and working conditions at the main place of work (form).doc

Available to subscribers only

Employment contract with internal part-time worker (sample).doc
Register of part-time workers (sample).doc
Order on dismissal of an internal part-time worker (sample).doc
Certificate of confirmation of part-time work (sample).doc
Certificate about the nature and conditions of work at the main place of work (sample).doc