Compatibility and combination: limitations and features. What is the difference between a part-time job and a regular job?

Part-time work is quite common, so it is important to know how to properly complete all the necessary documents. Specific recommendations depend on the type of work, so it is important for the poet to know not only practical, but also theoretical issues.

It is important to understand that part-time work has several essential features:

1. First of all, the choice of this form of employment is carried out only by the employee himself and only on a voluntary basis. That is, any coercion to part-time work is not allowed.
2. Such labor relations are always of an official nature and are fixed by an appropriate labor contract.
3. It always assumes the presence of the main place of work, which distinguishes it from a part-time job, which is often the only source of income.

Part-time employment may involve maintaining labor relations for an indefinite period or for a season (for example, during the summer period). At the same time, there are 2 forms of work, on which it depends how to register an employee, and how to fill out all the documents correctly:

1. External - when an employee works for different employers.
2. Internal - when an employee simply combines different positions within the same organization.

Internal can be issued much easier, since the employer already has all the necessary documents, and the employee can only draw up his application. At the same time, a citizen can theoretically combine an unlimited number of positions - both in different companies and within the same organization (if this does not violate the law).

You should not mix internal part-time work with the performance of additional duties, new assignments related to the previous work. In the first case, a separate employment contract is always drawn up, and in the second there is no such need.

Who can not be accepted as a part-time

Any employee can be hired under such conditions, with the exception of a few cases:

1. Minor citizen.
2. Those engaged in a certain type of activity for the main job and applying for the same type of activity to combine:

• drivers;
• workers working in hazardous and hazardous conditions.

1. Bank workers.
2. Military personnel.
3. civil servants.
4. Working in law enforcement agencies, the prosecutor's office, judges of various levels, lawyers.
5. Heads and employees in security organizations.

Heads of enterprises can be issued for part-time work, but to find out how to do this correctly, you need to make sure they have permission. It is issued by all the founders (owners) of the company managed by this employee.

Registration procedure: step by step instructions

In general, the employment procedure is no different from the usual procedure: you need to get all the documents from the employee, conclude an official employment contract with him, and then draw up all the required papers (order, entry in the labor, etc.).

Step 1. Collecting the necessary documents

A specific list is provided in the Labor Code (Article 283). Mandatory papers include the following:

• original and copy of the passport;
• SNILS;
• if necessary, the original military ID;
• a copy of the certificate, diploma, other documents on education (at the discretion of the employer);
• extract from the labor (at the discretion of the employer).

Also, the employee must draw up an application, the form and sample of which are provided by the employer. In the case of an employee of this company, this application will be the only necessary document.

Any sample can be taken as a basis, since there is no single form. The document reflects the following information:

1. In whose name it is drawn up - usually it is the head of the company or the director of the branch.
2. From – name, address and contact details of the employee.
3. Application for employment (indicating the specific position).
4. Probation period (if any).
5. Date of writing, signature and transcript of the signature.
6. If necessary, a signature is put stating that the fire safety rules, the rights, duties of the employee, etc. have been explained.
7. Then all responsible persons put their signatures.

In some cases, you will need to provide additional documents.

If a citizen cannot provide a certificate stating that he is not engaged in a type of activity that excludes combining in this position, you can simply ask him for a written application. The document is drawn up in any form. After signing, the applicant himself assumes responsibility for the accuracy of the data provided, and the employer will no longer be responsible for a possible error.

Step 2. Conclusion of an employment contract

After providing all the documents, an employment contract is concluded. Its form is no different from the usual contract. However, it is necessary to adhere to general rules - the following information is always reflected in the document:

1. Place of work, position.
2. Working hours and wages.
3. Nature of activity.
4. The duration of the contract (fixed or unlimited).
5. Working conditions.
6. Rights and obligations of the parties.

NOTE. The document must necessarily reflect information that the employee is employed part-time. Reflecting a specific type of combination (internal or external) is optional.

Like a regular employment contract, in this case the document can be concluded before a specific period or indefinitely. An agreement is considered urgent, the expiration date of which is known and does not exceed 5 years. Usually it is signed in such cases:

1. Seasonal work.
2. Temporary work (for example, during an increase in volumes).
3. Urgent activities (for example, liquidation of the consequences of an accident, natural disaster).
4. Replacement of a temporarily absent employee (on a business trip, maternity leave, on a long sick leave, etc.).
5. Internship and/or training.
6. Temporary work abroad.
7. Performing public works in an elected position.

It is also important to understand that in the case of hiring an employee for a while due to the long absence of another employee, it is necessary to indicate the appropriate grounds for dismissal, which is expected in the future. There is a special procedure according to which the employer not only fixes this information in the employment contract, but also notifies the part-time worker at least 2 weeks in advance (in writing).

Step 3. Issuing an order for employment

The last stage is associated with the execution of several documents:

1. Making an entry in the work book (by the main employer).
2. Institution.

There are no strict recommendations on how to properly issue an admission order, however, information must be reflected that part-time work is expected. You can use the unified form T-1 or develop your own sample, which prescribes:

• Full name, position of the employee;
• terms of payment;
• the presence / absence of a probationary period;
• link to the employment contract;
• signatures and transcripts of the signatures of the parties, the date of the order;
• a mark on the acquaintance of the employee with this document (date, signature).

Step 4. Enrollment in a work and personal card

As for making an entry in the labor, this remains at the discretion of the employee himself. Anyway only the main employer has the right to make an entry. An employee can write a statement about this at any time during the validity of the main employment contract. It is drawn up according to an arbitrary pattern, but applications (documents confirming the fact of employment in a second job) must be indicated in the text.

Only the desire of the employee and the relevant documents are required:

• a certified copy of the order for admission to the 2nd (3rd and subsequent) work;
• certificate from the second job, confirming the fact of employment.

The entry looks like this.

A situation is possible when certain personnel changes in the position of an employee occur at an additional job:

• it is raised / lowered;
• transferred to another position.

Then the entry can again be made at the request of the employee and only by the main employer. The wording will look exactly the same as if the job change had taken place in the current position.

NOTE. The second employer cannot demand the original work book from the employee.

Finally, it remains to also have a personal card, the form of which is no different from the usual case (except that it indicates the fact of a combination). If necessary, the employee signs other documents (rules of procedure, collective agreement, etc.).

If part-time work becomes the main

This case is also possible, and it is worth considering separately, since several significant changes occur at the same time:

1. Termination of relationship with the main employer.
2. Changing the employment contract with the second employer.

In fact, dismissal from the company occurs in the usual way: an application is submitted, it is worked out for 14 days, the contract is terminated, a work book and a calculation are issued.

And in the case of changing part-time jobs to the main employment, 2 options are possible:

1. The employer fires the employee and arranges it again.
2. The employer simply transfers the employee to the main employment.

First option

Both options are completely legal. For each case, there are official comments from Rostrud. For example, if the case with a dismissal and a new job is used, you can refer to the letter, an extract from which is discussed below.

That is, the employer can dismiss and place the employee on a permanent job, but the employee must issue a written consent to such actions. There are several implications to consider:

1. The employer may set a trial period.
2. An employee can use the first vacation no earlier than 6 months after registration.
3. And upon dismissal, the employee has the right to payment for all days of unused vacation.

Second option

On this occasion, Rostrud also gives its comments in the same letter.

That is, it will be enough to draw up an additional agreement reflecting all the nuances in it. The advantages for the employer are mainly that there is no need to pay compensation for unused vacation.

A video commentary on the topic can be seen here.

How to pay part-time workers is a topical issue for many employers. The employee works regularly, but is not the main employee. What payments, benefits and guarantees are required by law?

Many organizations have part-time workers on their staff. These can be both current employees and entities involved from outside.

The nuances of the activities of such workers, as a rule, are discussed at the time of employment. But when it comes to pay, many employers still don't know how to do it right.

Do I need to pay a part-time sick leave, how to arrange vacation pay, is such an employee entitled to an advance payment? How is remuneration for part-time work done?

Basic moments

How is a part-time worker paid? The main indicator in the calculation of wages is the work schedule.

But if we compare part-time workers and main workers, then they should not be strictly separated. Part-time employees are not at all a separate category of employees.

The only difference is part-time work, usually a part-time work week or a shorter day.

When paying part-time work, all payments due to an ordinary employee are taken into account. These include allowances, and, and prescribed coefficients, and standard surcharges.

Required Concepts

Part-time work is called labor activity, which the employee carries out additionally, in the time unoccupied by the main work activity.

The concept of "wages" predetermines. In the exposition of the law, wages mean remuneration for work performed.

This takes into account:

• qualification level of the employee;
• the circumstances and complexity of the work performed;
• volume and quality of performed duties;
• incentive payments.

Compensation payments include, for example, compensation for:

• performance of duties in conditions other than normal (overtime activities, night work);
• activities in unusual climatic conditions;
• work in areas with unfavorable background radiation;
• other similar fees.

Incentive payments are intended to motivate employees and improve production efficiency. It can be:

• allowances for overfulfillment of the plan;
• awards for successful work;
• incentive payments for distinguished employees;
• other payments.

Documenting

A part-time employee is issued in the same way as the main employee. That is, an employment contract is concluded with him.

On the basis of this, the employee is assigned a personnel number and starts. It becomes the main regulator for payroll.

Its text should contain information about the procedure and conditions for remuneration. This is how the following data is written:

• staff position;
• due salary;
• allowances;
• bonus payments;
• other surcharges.

As a rule, part-time employees are assigned a salary in the amount of fifty percent of the amount of the salary laid down for the main employee in this position.

However, the employer has the right to apply other payment options, in particular:

• time payment;
• payment for actually produced products;
• performance-based payments.

The employment contract is certified by the signature and seal of the head. Published by the organization.

After that, the part-time worker is considered a full-time employee with part-time work. His salary is calculated by analogy with the main workers.

Normative base

The norms of the Labor Code of the Russian Federation do not establish any special conditions for remuneration for part-time work.

If a time-based payment system is used, then the actual hours worked are taken into account and the salary is directly proportional to it.

In case of piecework payment for work, the amount of wages is assigned by the terms of the contract. All requirements regarding the remuneration of part-time workers are spelled out in.

If the part-time worker has a fixed time wage with standardized tasks, then in this case the activity is paid for the amount of work actually performed, regardless of the time spent.

For example, if the part-time worker is a cleaner and for her the norm of the area to be cleaned is clearly limited, then the work can be done in two hours while maintaining the established salary.

When carrying out part-time activities, the employee has the absolute right to any increases and additional payments established by law.

Also, a part-time worker, on a par with the main employees, must receive compensation determined by or by regulatory local acts of management.

Article 133 of the Labor Code of the Russian Federation states that the monthly salary of an employee cannot be less than the established minimum wage. Regarding the remuneration of part-time workers, the law does not have such a clear definition.

But it is logical to assume that if the acceptance of an employee at half the rate is indicated, then the payment should be appropriate.

That is, if the subject is working part-time, the minimum wage is determined in the amount of ½ of the established norm.

This document contains information about all hours worked by employees. The timesheet is maintained by a person authorized by the head.

The payroll accountant, after providing the accounting sheet, checks it for compliance.

That is, the correctness of the indication of enrollment, record and sick days, the indication of hours of work at night and holidays, and so on, is checked.

The correctness of the calculation of hours worked for each employee is also verified.

For a part-time worker working on a time-based basis, the amount of wages is determined by multiplying the hours worked by the tariff rate. Then, the required allowances and surcharges are added to the amount received.

For example, if work was carried out at night, then this period is additionally paid by multiplying the night hours and the surcharge coefficient.

Work on holidays and non-working days, if any, is paid in the same way as for the main workers. That is, the tariff rate is doubled.

Wage

The salary level of a part-time job is determined by the conditions.

At the same time, the employer is free not only to guide generally accepted standards, but also to establish his own calculation procedure.

For example, a part-time worker can be given a fixed salary without taking into account the time worked after the fact.

But regardless of the form of remuneration, a part-time worker is entitled to all regional coefficients and allowances applicable to the main workers.

If, as a remuneration for work on combination, the Labor Code proposes the implementation of an additional payment for the actual volume, then when combined, the recommendations of the law are different.

The Labor Code proposes to pay part-time work in proportion to the hours worked. In this situation, monthly salary rates are applied (0.5; 0.25 and others).

If a part-time worker works four hours a day every day, then a rate of 0.5% is determined for him.

With less daily output, a smaller rate is set. Therefore, the salary of a part-time worker is, in principle, less than the salary of the main worker.

Nuances of incentive payments

Can a part-time worker receive a full-time salary? If the payment is by time, then definitely not.

In this case, it turns out that the employee works full time, which means that he is, in fact, the main employee, which requires documentation.

However, the salary of a part-time worker can be increased due to incentive payments. To those, in addition to the allowance for qualifications, additional payments for the amount of work actually done, if it exceeds the norm, may be added.

Also, the employee can be encouraged for high performance and so on. In this case, the appointment of additional payments is entirely at the discretion of the employer.

The upper threshold of the salary of a part-time worker is not limited by law. But speaking of incentive payments, one cannot ignore the fact when the salary of a part-time worker is less than the norm established by law.

According to labor legislation, the main employee cannot receive a salary below the minimum wage, the minimum wage.

Therefore, a part-time worker must receive a salary not less than the established minimum wage, but taking into account the rate determined for him.

At the same time, the part-time worker pays, like the main workers, all due contributions and taxes. As a result, the amount received by them in their hands may be less than the norm prescribed by law.

The employer must pay the missing amount. For example, an employee working at a quarter of the rate is entitled to a minimum wage of 1/4 of the minimum wage. As of January 1, 2016, the minimum wage was set at 6,204 rubles.

With a salary of 5,200 rubles, the “net” salary of a part-time worker who does not receive allowances and other payments will be 1,300 rubles, which is less than the norm.

In this case, the employer must pay an additional 251 rubles so that the salary meets the requirements of the law.

Getting an advance

Regarding the receipt of an advance by part-timers, disputes do not subside. Someone thinks that the salary of a part-time job is not high anyway, so there is no need to divide it into parts.

The law on this occasion speaks unequivocally - part-time workers should receive wages on an equal basis with the main workers. Therefore, the advance payment to the part-time worker is paid simultaneously with all employees.

As for the amount of the advance, as usual, it is equal to forty percent of the wages.

It is advisable to prescribe the amount of the advance payment in the employment contract. This will eliminate possible misunderstandings.

What is the minimum reward amount

According to the employer has the right to encourage employees who excel in certain criteria.

A part-time job is understood as the performance by an employee of regular paid work in his spare time from his main job. At the same time, a separate employment contract is concluded, which must indicate that the employee has been accepted as a part-time worker. An employee can have an arbitrarily large number of such contracts; the Labor Code of the Russian Federation does not limit the number of jobs for part-time workers (Article 282 of the Labor Code of the Russian Federation).

Restrictions related to part-time work

Employees of certain categories cannot be hired part-time. For example, minors cannot work on a part-time basis. In addition, if the nature of the main job and part-time work are the same, then in some cases, part-time work is also prohibited. So, an employee cannot work part-time:

• at work with harmful or dangerous working conditions, if he performs his main work in the same conditions (Article 282 of the Labor Code of the Russian Federation);
• a driver, if his main job is also related to driving vehicles (Article 329 of the Labor Code of the Russian Federation).

At the same time, the legislation may provide for other restrictions regarding part-time work. For example, employees of private security organizations cannot work in the public service (Article 12 of the Law of the Russian Federation of March 11, 1992 N 2487-1). And for pedagogical and medical workers, the maximum duration of part-time work per month is established (clause 1 of the Decree of the Ministry of Labor of the Russian Federation of 06/30/2003 N 41).

Registration of a part-time worker

For employment, the future part-time worker must provide the employer with a passport (or other identification document), as well as a pension insurance certificate. You don't need to ask for a workbook. It must be kept by his “main” employer, and the latter, at the request of the employee, can enter information about part-time work into it.

If the part-time worker applies for a position that requires special knowledge, then he will also have to provide a document on education or qualifications (Article 283 of the Labor Code of the Russian Federation). In addition, depending on the specifics of the work, you may need:

• a certificate from the employee's main place of work stating that he does not work there in harmful or dangerous working conditions / does not work as a driver;
• a document confirming the passage of a medical examination;
• certificate of no criminal record, etc.

Employment contract with a partner

An employment contract with a part-time worker must be concluded within the generally established period. In other words, no later than 3 working days from the day when he began to fulfill his labor duties (

Hello! In this article, we will talk about the work of a full-time part-time job.

Today you will learn:

1. What is concurrency and how does it differ from concurrency?
2. What types of partnerships exist.
3. Is it possible to employ a part-time worker.
4. What are the features of staffing.

Part-time work is devoted to a separate chapter in the Labor Code (44th), which contains as many as seven articles on this issue (Articles 282 - 288). This suggests that part-time work is far from a rare occurrence in our country.

It very often concerns health workers, pharmacists, teachers, accountants, cultural workers and many other categories of working citizens. At the same time, an ordinary employer with a small staff does not deal with part-time workers every day - let's refresh this information in our memory.

What is part-time work

part-time - performance by the employee of other paid regular work with the signing of an employment contract, during the time free from work at the main place of employment.

This definition is very capacious and gives a clear idea of ​​the conditions when work will not be considered part-time.

Let's give examples.

It is noteworthy that a part-time worker can have as many additional official jobs as he wishes. The law does not name any restrictive figure.

The only limiting factor is that there are only 24 hours in a day. A part-time worker is not required to notify the main employer about his subsequent employment. As for the time of work, here, on the contrary, there is a limitation: the length of the working day at a non-core job should fit into 4 hours daily.

Types of combination

For part-time work, you can accept both external and internal part-time workers.

Let's present their differences in the table.

When concurrency is prohibited

The law describes situations in which a person cannot have a second official job at the same time as the first:

• Minor age. This restriction is natural, because the legislation prescribes restrictions on the workload of persons under the age of 18;
• Harmful or dangerous working conditions - at both jobs. For example, a man cannot work half a day as a fireman and half a day as a miner;
• Vehicle drivers. The logic is that drivers are responsible for people's lives, and lack of rest will reduce the overall level of safety;
• Deputies of the State Duma of the Russian Federation cannot officially engage in other work, except for lawmaking. Exceptions: pedagogical or scientific activity;
• Heads of firms cannot simultaneously be members of internal control bodies. For example, the general director is also forbidden to work in the audit commission;
• Managers cannot be part-timers in other companies, unless they have received written consent from the owner of the enterprise;
• Law enforcement officers, employees of the Bank of Russia.

Can a part-time worker work full-time?

As a general rule, the law does not allow this. From the logic of the concept itself, it follows that additional work should only “adjacent” to the main activity and occupy a limited number of hours.

This number is stipulated in the labor code and, as already mentioned, is no more than 4 hours daily. For most categories of workers, the full rate is a 40-hour work week, five days, with 8 hours of work daily. Thus, with an eight-hour working day, 4 hours will be half, that is, half the job.

There are a number of exceptions to this rule, when full-time part-time work is still allowed.

Exception for individual days

It is permissible to work all 8 hours, provided that a person has a day off, day off or vacation at his main job (according to the last of the above - if the employee did not wish to go on vacation for non-core work) (Article 284 of the Labor Code). We are talking about specific days. Of course, if an employee is daily at non-core work for 8 hours for a month or more, there is a violation of the current legislation.

It is important to bear in mind that the total number of hours worked per month at the second job should be half the monthly norm at the first job.

Example. Petrov works as a programmer; at his main place of work, his hourly rate for August 2017 was 184 hours. At his second job, where he holds the position of a part-time economist, according to the law, the hourly rate in August should not exceed 92 hours (184/2). In early August, at his first job, Petrov had five non-working days in a row for 8 hours each (weekends plus days off) - that is, he worked there in total 40 hours. Consequently, this month, as a part-time worker, he has the right to work only 52 more hours if we subtract the actual hours worked from the allowed (92-40).

Exceptions where hourly restrictions are completely removed

The following situations are distinguished:

• An employee temporarily stopped working due to the fact that the main employer delays the payment of wages for more than half a month. In this case, the decision to suspend must be in writing;
• The part-time worker was temporarily suspended from his main job for health reasons. The employee is required to submit a medical report as proof;
• The part-time worker belongs to the category of workers "teachers" or "medical workers". An exception applies if the municipality is in dire need of specialists in this area.

Companion's salary

A part-time worker should not receive less for any other reason than due to fewer hours worked. Any infringement of rights from the series "he is from the outside" is a gross violation of the Labor Code.

An employer can calculate the salary of a part-time worker in two ways And:

• By number of hours. The amount that an employee in this position should receive per hour according to the wage scale is multiplied by the number of hours worked.
• According to the volume of work performed.

If the employee is very valuable and the employer seeks to encourage him, it is possible to introduce bonuses to him. The amount is at the discretion of the employer. The basis for bonuses may be a great experience or a high level of qualification.

Part-timers - personnel issues

In general, the law protects part-time workers in all aspects of their life at the enterprise.

• Vacation. The part-time worker has the right to go on vacation from both jobs at the same time. This makes it possible to take a break from both jobs at once. Employers cannot interfere with this.

A part-time worker has the right to leave at a non-primary job, even if he has not yet completed the required six months.

• sick leave. With an internal part-time job, the employee is required to submit only one sick leave, with an external one - two. The second document notes that it is intended for part-time work, and specifies the details of the main sick leave. Thus, each of the employers calculates and pays "his share" in proportion to the hours worked;
• Business trips. As a general rule, an employer can send his employee on a work assignment at almost any time. In the case of part-time workers, there is a restriction - the trip is possible only during the time free from the main place of work.
• Dismissal. For the dismissal of a part-time employee, you can use the same grounds as for the dismissal of the main employee. As a general rule, a part-time worker cannot be fired if he is on maternity leave, on vacation or on sick leave.

Internal combination and combination - what's the difference

Many problems with paperwork could have been avoided if personnel officers had a good idea of ​​the differences between these concepts. They require a different approach. Let's present their features in the table.