Compatibility and combination: limitations and features. Combination and combination in the new edition of the Labor Code of the Russian Federation

15.10.2019

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 (

Part-time work - how to arrange it correctly , what is the procedure, what are the specifics of the legal and legally competent registration of part-time workers (external and internal) at work? This article will tell you about all this.

The specifics of the issue of compatibility

Part-time admission has 2 fundamental aspects, which are indicated in Art. 60.1 and 60.2 of the Labor Code of the Russian Federation. In this regard, for a more accurate understanding of the essence of the issue, we will briefly describe them before proceeding directly to the consideration registration of part-time work in accordance with the Labor Code of the Russian Federation.

According to Article 60.1, part-time work can be of 2 types (the design of part-time employees in each of the cases has its own characteristics):

  • internal, when an employee combines 2 or more positions within one organization;
  • external, in which the same employee performs several labor functions in different organizations.

Article 60.2 speaks of the need for a competent distinction between part-time jobs and combining positions.

According to part 2 of article 60.1, combination is characterized by an increase in job responsibilities either in the main profession (with the expansion of the organization, an increase in the intensity of the workload assigned to the employee), or in an additional one during the absence of a specialist performing this function (he may be on vacation, on sick leave, absent for other reasons). The combination is issued by the usual order for the organization, while an increase in the amount of work is permissible only for an additional fee and with the written consent of the employee.

IMPORTANT! A combination is not a part-time job, therefore the procedure for registering a combination described above will be fundamentally different from the procedure for registering a part-time job.

Hiring a part-time employee (rules of the Labor Code of the Russian Federation)

Download the employment contract form

The hiring of a part-time job (both internal and external) is carried out according to the general rules defined by chapters 10 and 11 of the Labor Code of the Russian Federation. A separate labor contract is concluded with a part-time worker, the task of which is to regulate the mutual rights and obligations of the employee and the administration of the organization. The contract can be both fixed-term and indefinite. According to part 2 of article 59 of the Labor Code of the Russian Federation, the very fact of a combination of jobs can serve as a reason for concluding a fixed-term contract. Accordingly, no other grounds for indicating the urgency of the contract are required.

  • indicating the nature of the work performed - part-time;
  • features of determining the workplace of an employee who, due to the additional duties assigned to him, may be absent from the main workplace;
  • an indication of the proportionality of payment to the time actually worked when performing the duties of a part-time job or remuneration on a different basis upon reaching an appropriate agreement, in accordance with the requirements of Article 285 of the Labor Code of the Russian Federation;
  • an indication of a special procedure for granting leave, in accordance with Article 286 of the Labor Code of the Russian Federation;
  • determining the period of working time, which cannot be more than 20 hours a week with a five-day week, as indicated by article 284 of the Labor Code of the Russian Federation;

Restrictions for part-timers

When accepting a part-time worker, one should remember the restrictions provided for in Article 282 of the Labor Code of the Russian Federation. According to this article, part-time employment is not allowed in relation to:

  • persons under 18;
  • employed in hazardous production, if part-time work is expected in similar conditions;
  • drivers and other employees who ensure the movement of vehicles, as indicated by article 329 of the Labor Code of the Russian Federation.

Also, citizens who, by virtue of the performance of their official duties, are expressly prohibited by the relevant regulatory acts, cannot be part-timers. In particular, there is a similar restriction:

  • for judges - by virtue of the operation of Article 3 of the Law of the Russian Federation “On the Status of Judges ...” dated June 26, 1992 No. 3123-1;
  • military personnel - in accordance with paragraph 7 of article 10 of the law "On the status of military personnel" dated 05.27.1998 No. 76-FZ.

Documents when registering a part-time worker

The list of documents for registration of part-time employment is regulated by a special rule enshrined in Article 283 of the Labor Code of the Russian Federation. It states that an external part-time job requires:

  • the passport;
  • a document confirming education or qualification;
  • certificate of the absence of harmful working conditions at the main place of employment.

However, it is mandatory to have only a passport with you when hiring an external part-time job - 2 other documents may be needed only at the request of the administration of the organization.

As for internal part-time workers, they are only required to submit a document on education (qualification), if the nature of the additional work requires appropriate skills. There is no need to submit any other papers, since all of them are already at the disposal of the administration of the organization.

Registration for work

According to the requirements of Article 68 of the Labor Code of the Russian Federation, registration for work is carried out by issuing an appropriate order, which is prepared in accordance with the conditions prescribed in the employment contract (and it must fully comply with them).

An order is drawn up for hiring in the unified form T-1, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms ...” dated 01/05/2004 No. 1. An order for this form is issued for all employees (not only part-time workers), therefore, to reflect part-time work, it is provided special column "Nature of work", where it is necessary to indicate this.

The requirements of Article 68 of the Labor Code of the Russian Federation oblige the administration of the organization to familiarize the part-time worker with the content of the issued order within 3 days after the actual start of work. If necessary, the administration must also make a certified copy of this document. It is also necessary to take into account the requirement of the same article on the need to familiarize the part-time worker with the documents that will regulate his new job responsibilities, as well as the general procedure for working at the enterprise.

It is worth emphasizing that, on the basis of the order, entries will be made in the work book, as well as in the employee’s personal card (form T-2, approved by the already mentioned resolution of the State Statistics Committee).

Part-time work book

According to part 1 of article 66 of the Labor Code of the Russian Federation, all information about the work activity of an employee must be reflected in his work book. The responsibility for its maintenance rests with the organization in which the citizen works in the main job. The second employer does not have the right to require the employee to submit a work book to him, and even more so to make any entries in it.

Part 5 of Article 66 of the Labor Code of the Russian Federation provides for a feature for part-time workers, which consists in the fact that information about a second or more work is entered only if the employee wishes. This applies to both internal and external part-time workers, however, the procedure for making entries for internal and external part-time jobs is somewhat different.

An internal part-time worker does not need to confirm the fact of additional employment with his employer - accordingly, in order to make an entry in the labor he only needs to express his desire to make an entry. Part 5 of Article 66 of the Labor Code of the Russian Federation does not indicate in what form this wish should be expressed, therefore, the employee can apply to the administration of the organization on this issue not only in writing, but also orally. A written appeal (for this a free-form application is written) is desirable in cases where, for some reason, the employer evades making the appropriate entry.

For an external part-time job, in addition to the application, you will need to submit a document from another organization confirming the fact of part-time employment. What kind of document is needed, the Labor Code of the Russian Federation also does not indicate.

For example, they might be:

  • a certified copy of the employment contract (its second copy);
  • a certified copy of the employment order;
  • certificate from the place of work part-time.

Summing up the story about collaborative arrangements, we emphasize that the same employment rules apply to part-time workers as for ordinary workers. At the same time, there are a number of exceptions to them and some features of their implementation (all of them are described in detail in the article).

The desire of a person to receive more money to satisfy their material needs is a completely natural phenomenon. To implement his plans, the employer often offers part-time jobs and a combination of professions and positions. Is there any difference between these concepts? Maybe these terms mean the same thing?

It turns out that concepts such as combination and combination have not the same meaning. What is the difference? The Russian Federation regulates these two aspects by various articles of the Labor Code currently in force. However, both of these concepts denote a side job. What is the difference between combination and combination? Let's consider this topic in more detail.

Relevance of the issue

The concept of "combination and part-time work" is well known to those who are engaged in the selection of personnel in organizations and enterprises. The fact is that one of the priorities of any company in modern economic conditions is the search for optimal solutions for the use of available labor resources. In this case, it becomes necessary to reconcile the interests of the enterprise with the interests of the employee. One of the best options in this case is combination and combination. In labor law, both concepts are enshrined in law. Such a distribution of responsibilities is beneficial not only for the employee, who eventually has the opportunity to replenish his budget, but also for the organization itself. After all, sometimes an employee quickly copes with the amount of work assigned to him. In this regard, he has free time during the working day, which can be taken up with the performance of an additional range of duties.

With the development of market relations in our country, employment contracts for work performed in combination or part-time work are not uncommon. People have realized the full advantage of the opportunities provided to them, and employers are saving money on wages. Such relations are relevant not only at enterprises, but also among individual entrepreneurs.

Regulatory legislation

The Labor Code of the Russian Federation in its articles enshrines the concept of "combination and part-time employment." The difference primarily lies in the fact that the definition of the first of them is in Art. 60.2, and the second - in Art. 60.1 TC.

The Labor Code of the Russian Federation explains that the combination involves additional work during a shift or working day. At the same time, the employee is not released from the performance of the assigned basic duties. The combination is used by the employer only if it is economically feasible for such a workload of a person. This management decision should not affect the quality of the goods or services produced.

Combination and part-time - what's the difference? The second concept is a part-time employee in his spare time. In other words, part-time work is a completely different, not the main employment for a person. The contract for its implementation is concluded at the initiative of the employee and by agreement with the employer.

Main criteria

Compatibility and combination - what is the difference between these concepts? The main criteria for the first are:

Conclusion with any number of employers;
- performance of official duties both at the main place of work and at other enterprises;
- an indication in the employment contract of the type of work performed (part-time).

Some legislative acts of the Russian Federation contain restrictions for such part-time work. So, according to 5 tbsp. 282 of the Labor Code of the Russian Federation, such activities are prohibited for persons under the age of eighteen, as well as municipal and state employees, in addition to their participation in the creative, scientific or pedagogical field. Such contracts for the performance of hard and hazardous work are not concluded if the main workplace has the same characteristics. Part-time work is not allowed in some other cases, which is enshrined in the Labor Code of the Russian Federation and various federal laws.

Let us now consider the second concept. What's the Difference? Combination from part-time labor code of the Russian Federation helps to distinguish. This document indicates that there is:

The actual combination, which is the parallel execution of work on its main activity and on another, similar to it;
- expansion of the serviced area, when the volume of work performed by the employee within the framework of his main specialty increases;
- performance of those duties that are assigned to an employee who is temporarily absent at the moment, in his own or in any other profession.

All of the above types of work are combined. Moreover, they are made only if the employee has confirmed his decision in writing. The term of the combination is also pre-negotiated. In this case, the employer must also certify it with written consent.

When considering the concepts of "part-time work and combination", what is the difference in the issue of employee employment? In the first form of part-time work, a person works under a separately concluded contract in his free time. The combination implies the performance of additional duties only during the shift. Moreover, it is possible to refuse such a load ahead of schedule. It is only necessary to notify the manager in writing of your decision. This must be done within 3 business days.

Documenting

For the purpose of economic feasibility of performing certain works, the management of the enterprise may decide to introduce the practice of part-time work and combination. What is the difference in the registration of labor personnel in one case or another? This issue is regulated by law. So, to combine, only the order of the head is enough. The basis for its signing should be a written assurance of the employee, which indicates the period, volume and content of the additional duties assigned to him. This is indicated by articles 151 and 60.1 of the Labor Code of the Russian Federation. If these rules are not observed, the combination is impossible. Before starting a part-time job, an additional agreement to the employment agreement should be drawn up. Based on this document, an order of the employer is issued. As for additional entries in the employee's work book, there is no need to make them.

If we compare how part-time work and combination are formalized, what is the difference between these forms of part-time work? In answering this question, please refer to 44 of the Labor Code of Russia. The design of part-time employment is regulated in much more detail and stricter than or combination. What are the reasons for such increased attention to part-time work? The fact is that with such a part-time job, a person exceeds the time limit for labor established by the Labor Code of the Russian Federation. That is why the employer should adhere to certain rules contained in Decree No. 41 of 06/30/2003 of the Ministry of Labor of Russia. This document concerns part-time jobs for employees of cultural institutions, teachers, doctors and pharmacists.

For HR inspectors, the difference between combination and part-time employment lies in the fact that the latter of them is drawn up using a separate employment contract. Moreover, this document has its own characteristics. It must necessarily contain an indication that the person will work for this employer on a part-time basis. If desired, an entry about this can be made in the work book. One nuance. Makes such a record the inspector of the personnel department at the main job.

Termination of a part-time contract is carried out according to general rules. There is only one exception that applies to the employer. He has another reason to terminate the employment relationship.

Place of work

The concept of "combination and combination" - what is the difference between them? When combining positions or professions, the employer remains the same. In case of part-time employment, the contract is concluded either with the same or with a completely different employer.

Time to work

It has a combination and combination of the main differences in the Russian Federation and by how many hours are provided in order to complete a given amount of work. In the first case, labor duties are performed in free time. In this case, the employer is obliged to take into account the regulatory provisions of the Labor Code. This document provides that the working time of a part-time employee should not exceed 4 hours during the day. This is indicated by Art. 284 of the Labor Code of Russia. The employee has the right to establish for himself a different mode of work. However, during the accounting period chosen by the organization (month, quarter, year), the number of hours during which the part-time worker worked should not be higher than half of the standard working time established for employees of this category. For example, it can be twenty hours during a five-day week (with an 8-hour working day). Any more hours worked are considered overtime. An exception here can only be those cases when a person for some time does not fulfill his duties at the main enterprise due to non-payment of wages by the employer or if he is completely removed from them for medical reasons.

In terms of execution time, combination and combination differ significantly. The main differences here lie in the fact that in the second case, the employee is always given eight hours. He should use them both for work and for a part-time job. At the same time, he fully performs not only his official duties, but also those that are provided for an absent colleague.

Salary

What other nuances do combinations and combinations have? The main differences in pay should also be taken into account when deciding on the choice of one or another form of part-time work. Those and other conditions are stipulated in the Labor Code of the Russian Federation (Article 285 and Article 151).

To those who work part-time, wages are accrued in proportion to the hours worked. In this case, all conditions stipulated by the employment contract are taken into account. If a person working part-time is hired to a position where tasks are normalized, then when calculating remuneration for work, the amount of work actually done by him will be taken into account. For part-time workers working in the territory where regional allowances and salary coefficients are established, they are also taken into account.

The payment for the combination is calculated quite differently. In this case, its size is stipulated by the agreement of the parties. Here, the amount of additional work and its content are taken into account. It is worth considering that neither the minimum nor the maximum amount of such surcharges is limited by law.

Suppose that the combination is drawn up for a position that has piecework pay. In this case, the employer takes into account the number of products made by a person, as well as the prices established for it.

Time surcharge is calculated in one of the following ways:
- as a percentage of the salary that the employee has in his main job;
- in hard cash equivalent;
- in an amount equal to a certain percentage of the salary of the position to be filled.

Grant of vacation

Combination and part-time - what is the difference between them in this matter? They are also covered by the Labor Code of Russia (Article 286). As for those people who work part-time, they are entitled to leave only for their main work activity. Another thing is collaborators. Here the Labor Code of the Russian Federation considers some features. So, on a paid annual leave, a part-time worker must go to the main and additional work at the same time. And what to do if the number of days provided for rest does not match? In such a case, the employee may ask his second employer to provide him with days at his own expense.

Compensation and guarantees

Despite the presence of a second job, a citizen of the Russian Federation is not deprived of social benefits provided by federal legislative acts. All warranties and compensations remain with him. For example, these are increasing coefficients for those who combine work with education, as well as for those who work in the regions of the Far North and in territories equated to them. It should only be borne in mind that such guarantees for part-time workers are provided only at the main place of work.

There are other social benefits that are provided for by labor legislation and the current ones adopted at the enterprise. These compensations are paid both in combination and in full. This applies, for example, to sick leave and maternity leave. The due payments are required to be paid by employers both at the main and at the additional place of work.

Probation

What else is the difference between combination and combination? In the first case, Art. 70 of the Labor Code of the Russian Federation allows the employer to establish the decision on this is made by the head. In the case when the position for which a person is registered provides for this, the test is assigned to a part-time job in a general manner. The employer can also make such a decision in case of doubts about the qualifications of a new employee. Such a moment must be prescribed in the employment contract. As for the combination, there are no probationary periods for it.

Internal combination

Many citizens of our country, seeking to earn money, get additional work directly at their enterprise. If at the same time agreements are concluded and job duties are performed outside the main time, then this type of activity is an internal part-time job. In what cases is it appropriate? For example, a company needs to temporarily replace an employee who is absent for any reason. In this case, the easiest way is to agree on the performance of his duties with his own employee, whose qualifications and competence do not raise any doubts with the employer. How to issue in this case? For this, internal combination and combination are suitable. What is the difference between these forms of additional work?

First of all, it is necessary to consider cases in which internal combination is possible. For example, this applies to a situation where the head of a small enterprise performs the functions of an accountant. Of course, such internal combination is possible only with the permission of the body that is responsible for the activities of this company.

Often, workers of culture and medical institutions, teachers and pharmacists get additional work on internal part-time jobs. Those employees who have sufficient experience and high qualifications can become internal part-time workers in the same position as theirs, if there are no restrictions on it in the current legislation.

But sometimes situations arise at the enterprise when an employee works in combination. At the same time, this type of activity may either coincide with his specialty, or not. What is the difference between combination and part-time work? In the first case, additional tasks will be performed by the employee only with his written consent.

Internal combination and combination have certain benefits. What is the difference between these two types of part-time jobs for an employee and an employer? The main difference between internal combination and combination is the time for performing an additional range of duties. In the first case, the employee will have to work when he is not busy with his main job. This is fundamentally different from the performance of duties when combined. In this case, they are performed within the time limits established by law for the main work.

The differences between these types of underworks lie in their design. For the employment of an employee for an internal part-time job, a package of documents is drawn up for him, a list of which is provided for by the current procedure for office work. First of all, an employment agreement is signed between the employer and the employee. It stipulates all the nuances of fulfilling an additional range of duties and the legal status of the employee, determined by labor legislation (rest and work regime, rights and obligations of a newly hired person, safety rules, etc.).

With a part-time job of an internal type, in contrast to the appointment of a combination employee, you will need to make adjustments to the staffing table. It must indicate the full unit in the form of an integer with a salary, without any splitting. This will avoid future amendments. One unit of the staffing table allows for internal part-time employment of up to four employees. Their actual number is indicated in the "Note" column.

Part-time work is reflected in the employee's personal file, where all information about his activities at the enterprise is stored. It is not necessary to write this down in the workbook. As for the conditions for granting vacation, remuneration and the availability of guarantees and compensations, as well as dismissal, an internal part-time worker is no different from an external one (whose main activity takes place with another employer).

What are the benefits of these types of additional earnings? Combination and internal combination carry many positive aspects. Such relationships are mutually beneficial. The employee receives additional earnings, and the employer receives the amount of work performed for production purposes. In addition, a qualified employee is often accepted into the state, who is given a low salary. At the same time, the company saves money.

Beneficial work on an internal part-time job for an employee of the company. First of all, the plus is the possibility of obtaining additional income and applying existing knowledge. In addition, internal part-time employment is an additional payment for sick leave, the preservation of guarantees provided by law, paid leave, contributions to the Pension Fund.

Internal part-time work is a common practice in large enterprises. With proper use of the opportunities provided by labor legislation, both the employer and the employee receive significant economic benefits.

Part-time employment is the constant performance of certain duties in free time from the main employment. The main thing here is a systematic approach. One-time works do not belong to the category of combination.

Part-time work simultaneously pursues two goals:

  1. maximum disclosure of the capabilities and talents of the employee;
  2. earning additional income for the employee.

The combination of positions during working hours is prohibited by law, despite the approval of employers.

The Labor Code provides for two types of part-time jobs:

  1. Internal, which determines employment in different positions within the same enterprise (organization). This is equally beneficial for the employer (a person fully reveals his potential, and performs duties with a high level of qualification), and for an employee who has additional earnings without adapting to the production conditions of another company.
  2. External, in the form of additional employment at another enterprise or company. This method is beneficial only to an employee who has auxiliary earnings in his spare time from his main activity. For the employer, this is just an additional employee.

It should be noted that the number of third-party employers is not limited by law, unless otherwise stipulated by the regulations.

Benefits of part-time work(internal and external) for the employer are as follows:

  1. saving the wage fund due to the part-time work of a part-time worker;
  2. vacation pay savings (smaller amount), due to the part-time work of a part-time job and only 50% of the received official salary;
  3. minimum costs for attracting a highly qualified specialist;
  4. an increase in the average number of employees allows you to position the organization much more favorably in relation to labor resources.

What professions usually work part-time

The most common positions that involve part-time work are legal advisers, programmers, webmasters, secretaries, people of other professions who can simultaneously serve several organizations.

The part-time employee has the same rights and obligations as the main employees of the enterprise. The only nuance that needs to be taken into account: a person arranged for a combination can, on a general basis, receive paid vacations, sick leave, maternity and postnatal payments.

The duties of an employee when working part-time are similar in all workplaces. The only difference is that the main place of work is a priority, which means that the tasks here are performed in the first place.

The part-time worker must fulfill his labor duties in time in all positions held, so his work schedule will be special. The time of part-time work is taken into account in the time sheet, while internal combination gives the right to assign two personnel numbers to the employee. His salary is calculated in accordance with the employment contract. An employee's remuneration may be piecework, hourly, or determined on some other terms.

Co-working schedule

Given the schedule of the part-time worker, it is necessary to ensure that additional duties do not exceed 50% of the working time of the billing period. Suppose, if this year, with a 40-hour working week, the monthly norm was 176 hours, then for a part-time worker, the work schedule should fit in half, that is, 88 hours per month.

Any part-time worker can work overtime, exceeding the established norms, however, with strict observance of the overtime limit (up to 4 hours on two consecutive days and a maximum of 120 hours on an annual basis). Such work is paid in the standard way in accordance with Article 152 of the Labor Code (at least 1.5 rates for the initial 2 hours and twice as much for the next).

As for the official annual leave, it is provided to the part-time worker simultaneously with the rest at the main place of work. To confirm his vacation period for combining vacations, the employee provides a copy of the order (certificate) issued by the main organization. Part-time work does not affect the duration of the vacation, and vacation pay is calculated taking into account accrued earnings.

If, after employment, a part-time worker has worked for less than 6 months, he must receive his vacation in advance. Depending on the category and position of the employee, the duration of his vacation at each workplace may differ. To combine vacation periods, the employee has the right to take the required number of days without pay.

By law, a part-time worker can be sent on business trips. If the combination is internal, the employer takes into account only his own interests and difficulties with the business trip period are excluded. When the places of work are different, a part-time business trip is possible only in free time from the main job.

If it is not possible to transfer the days of a business trip at the place of part-time work, employers discuss with each other the procedure for fulfilling the duties of a part-time job during this period (Government Decree No. 749 of 10/13/2008). Of course, in reality, such agreements are rare. But a part-time worker may well arrange a few days of vacation at his own expense. Travel expenses are, of course, paid by the initiator of the trip.

During the period of temporary disability of an internal part-time worker, he receives an allowance for one sick leave, however, it is calculated from the average salary in all his organizations.

For different employers, the employee is issued several sick leave sheets for the accounting department of each enterprise.

The salary of a part-time worker is accrued in the manner prescribed by the Labor Code of the Russian Federation (Article 285). Most of the time, they are paid based on hours worked. For this reason, the minimum rates of part-time work are less than accruals to the main employees, despite allowances, bonuses and incentives.

A part-time working day for civil servants should not last more than 4 hours. There are cases when in organizations the salary of a part-time worker is equal to and even exceeds the salary of a permanent employee. This is a big risk for the administration, since the staff receiving the salary according to the statement may well become indignant and turn to the State Labor Inspectors with a complaint about the illegal salary.

Theoretically, this is excluded, since the part-time worker has half as many exits as the main staff. And according to the law, under equal conditions, work should be paid equally for everyone. At the same time, the Labor Code allows for the calculation of the salary of a part-time worker without taking into account the hours worked, that is, based on other conditions. This may be the number of assembled products of production, the volume of goods sold, the number of rendered (sold) services.

A qualified part-time worker, more skillful and efficient, in just half a day is able to receive more than the main employee, who spends all 8 hours at the workplace. If this is taken into account in the employment contract for part-time work, then the manager has the right to charge such an employee more earnings than his full-time colleagues. In this case, everything will be legal, and the labor inspectorate will not make any claims against you during the inspection.

Like the main employees, a part-time worker can be fired under the same articles of the Labor Code and in compliance with the same procedures. Therefore, when an employee is on vacation or on sick leave, it is not possible to dismiss him. In the event of a planned dismissal due to staff reduction or due to optimization, the employee must be warned about this two months in advance.

In addition to the standard motives for dismissing a part-time job, there is another important reason - the employment of a person for this position, for whom this place of work will become the main one. In this case, the dismissed employee is officially notified 14 days before the new employee leaves. It does not take into account his degree of employment (it can be part-time or full-time). By law, the person who will work as the main employee has the advantage, unless the manager decides otherwise.

If the part-time worker refuses to familiarize himself with the written notice against signature, an official act should be drawn up in front of witnesses. Before the date of dismissal (inclusive), it is necessary to make a settlement with him and issue copies of the documents required in this case. Each day of delay entails the payment of compensation along with interest calculated according to the established formula:

Employee's salary + Employee's salary *1/150*10%*number of days overdue

When working on an internal part-time job, there are often cases when, at the time of dismissal from the main place of work, it is necessary (or possible) to make the place that is combined for the employee his main position.

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Part-time work and combination: what is the difference

Not in every case, the amount of workload of an employee in any position requires his full-time employment. Here, an excellent way out would be to attract a part-time job or offer one of the employees to combine duties. The similar sounding of the words "combination" and "combination" does not mean at all that they are one and the same.

part-time implies the performance by the employee of his official functions in a period not related to his main work time. Part-time work in the Russian Federation is formalized by a separate labor contract, where it is determined that this labor activity is not the main one. Part-time work, as already mentioned, is internal (a person works part-time in the same place where his main place of work is located) and external (employment at different enterprises).

Combination causes the employee to perform one more job at the same enterprise, but in a different position. It cannot be external in nature, since the expansion of duties should extend to the time of the implementation of the main labor functions.

Compared with part-time employment, labor law does not provide for restrictions and prohibitions for combining. However, written consent to the additional workload from the employee is still required.

In the process of combining, an employee can perform some new production function (which indicates a combination of positions), receive an expanded service area, or increase the scale of work in his position. The main thing is that in this case, additional work is carried out simultaneously with the main one (during the working day). This is where job specifics need to be taken into account. For example, it is widespread to combine the positions of a cashier and an accountant, a personnel officer and a lawyer, a commercial director and a chief executive, a boss and a driver.

The performance of one more work on combination is paid as an additional remuneration, the amount of which is announced upon agreement of the parties. Officially, there is no maximum or minimum threshold for this payout. And with part-time work, on the contrary, the employee receives a certain part of the official salary, for example, 0.5 or 0.25 rates.

In the process of registration of the combination, the employment contract is supplemented by a special agreement, where a number of data should be indicated:

  1. the name of the combined position (profession);
  2. composition and scope of additional duties;
  3. the term for which a part-time worker is appointed;
  4. additional remuneration amount.

Both parties to the agreement (employer and employee) may terminate it ahead of schedule by notifying each other in writing, but no later than three days before the termination of additional work.

part-time

Combination

Upon registration, an employment contract is concluded (Article 60.1, 282 of the Labor Code of the Russian Federation)

A special labor contract is not drawn up, however, an additional agreement is concluded to the main contract (Article 151 of the Labor Code of the Russian Federation)

An entry is made in the work book at the request of the employee

Work information is not included in the work book

Termination of work entails the termination of the employment contract

Termination of additional work or a combination of positions occurs by early refusal of the employee to perform or cancellation of the employer's order to entrust this area of ​​work (Article 60.2 of the Labor Code of the Russian Federation)

Labor duties are carried out during a period of time not related to the main job and up to 4 hours per day (Article 60.1 of the Labor Code of the Russian Federation)

No special time is allocated for the performance of additional labor functions, they are performed in parallel with the main duties throughout the working day.

Labor is paid in proportion to the time worked or according to the amount of work performed (Article 285 of the Labor Code of the Russian Federation)

An additional payment is made, the amount of which is established in the agreement of the parties (Article 151 of the Labor Code of the Russian Federation)

CEO speaking

Evgenia Kotova, Director General of Audit-Evrika LLC in St. Petersburg, Arbitration Assessor of the Arbitration Court of the Leningrad Region and St. Petersburg, Candidate of Economic Sciences

Today, all inspection bodies, and specifically the labor inspectorate, the tax administration, the Pension Fund of the Russian Federation and social insurance funds, insist on concluding labor agreements with all employees, including the first head. They formally approach this issue, checking the fact of the existence or absence of the contract. This situation is perceived in exactly the same way, for example, by bank lawyers who accompany the opening of accounts in their organizations.

For this reason, it is more practical to draw up an employment contract, but there is no particular need for this. If the owner of the company fundamentally does not want to formalize the contractual relationship, he will have to prove his case at each check. And someday the regulatory authorities will still have to hold the manager accountable for violating labor laws. And this is a direct path to court.

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When part-time employment is not possible

Part-time work always entails an increase in the load on the employee. Despite the fact that additional working time is already limited by the Labor Code of the Russian Federation (Article 284) and should not exceed 4 hours daily, laws have established a whole series of restrictions and prohibitions regarding this type of activity. The reasons for these restrictions are the protection of workers from overload, the risk of deterioration in the quality of work, support for the interests of the employer.

  1. Part-time work is not allowed for citizens under 18 years of age, as well as for enterprises with harmful (dangerous) working conditions, when the main work is carried out in similar conditions (Article 282 of the Labor Code of the Russian Federation).
  2. Part-time work is prohibited for civil servants and specialists of the municipality (Federal Law No. 79 of July 27, 2004, Article 17).
  3. Part-time employment for the head of an enterprise is allowed with the personal approval of its owner or a trusted body of a legal entity (Article 276 of the Labor Code of the Russian Federation).
  4. Workers in culture and medicine, teachers and pharmacists are allowed to work part-time if their main place of work has a reduced working day (Resolution of the Ministry of Labor No. 41 of 06/30/2003).
  5. Athletes and coaches are allowed to work part-time in other places in a similar position, but only with the approval of the head at the main workplace (Article 348.7 of the Labor Code of the Russian Federation).
  6. Bank employees can perform part-time duties in certain positions (Article 90 of the Federal Law No. 86).
  7. Restrictions have been established on part-time jobs for judges, lawyers, prosecutors, deputies and members of the Government, as well as military personnel in accordance with special regulations and legal acts.

In addition, there are restrictions on part-time employment for executives. For example, such activities are prohibited for the first persons:

  • security companies in relation to civil service and employment in public associations (Federal Law No. 2487-1 of 03/11/92, article 12);
  • unitary organizations, in addition to teaching, science and creative work (Federal Law No. 161 of November 14, 2002, article 21, paragraph 2).

Prohibitions on part-time employment are considered as purely internal issues of each organization and must be taken into account in the charter or other local regulations. This state of affairs is typical for companies where the preservation of trade secrets is a priority.

Employment in combination with violation of the law (that is, citizens for whom this type of employment is prohibited or limited) may result in the application of penalties to the employer (for officials and private entrepreneurs - 1,000-5,000 rubles, for legal entities - 30,000-50,000 rubles).

By and large, no manager has the right to prohibit part-time work for his employee. Also, the number of other possible employers who are ready to enter into such agreements with the employee (subject to the restrictions established for the additional working day) is not indicated.

Part-time director work: nuances and rules

All the nuances of fulfilling the functional duties of a part-time job are indicated in the Labor Code of the Russian Federation (Chapter 44), since the current legislation allows this type of work. Any employee can enter into an unlimited number of employment contracts at his own discretion (Article 282 of the Labor Code of the Russian Federation). This means that the general director, like a simple employee, also has the right to perform additional duties of a part-time job.

An authorized employee of the company, adjusting the employment contracts of the personnel, draws up the necessary documents for the work of a part-time director. This procedure will require two steps:

  1. execution of an additional agreement to the employment contract of the first head, which indicates the nature of the work and the fact that it involves a part-time scheme;
  2. issuance of the corresponding order.

It should be noted that the Labor Code of the Russian Federation regulates the legal status of executives in a special manner. On a general basis, the director of an enterprise can work on an internal and external part-time job. At the same time, labor law requires only one thing: in order to work part-time in another organization, the head must obtain permission from the authorized body of the legal entity or its owner at the main place of work on the basis of Article 276 of the Labor Code of the Russian Federation and Federal Law No. 197 dated 12/30/2001.

This permission can also be issued by a person (organization) that the owner of the property of the company has authorized for the relevant actions. The director must coordinate his part-time employment in all organizations that he manages. The above requirements are mandatory, even if the first person of the company is employed in some structure for an ordinary position.

If the head and the founder of the company (or the owner of all property) are the same person, the specified permission is not required (Article 273 of the Labor Code of the Russian Federation). In the case when an ordinary employee gets a job somewhere for the post of the first head, the consent of his superiors at the main place of work is not required.

It should be clarified that the meaning of this work permit for a part-time director in a third-party organization is the ability to avoid misunderstandings between the newly-minted director and his supervisor at the main job. An employer who appoints an employee to a part-time position (even a managerial one) cannot demand the specified permission from him (Article 65 of the Labor Code of the Russian Federation). Judicial practice shows that only the employer for which this employee was a director has the right to accuse an employee of additional third-party employment as a part-time director, not agreed with the authorities (definition of the Moscow City AS No. 33-5930 / 2016 dated 24.02. ).

In addition, you need to make sure that the director can work productively in two positions at the same time (whether he has enough time and physical potential). The key tasks entrusted to the Chief Executive Officer are as follows:

  • control and regulation of the financial and economic activities of the organization;
  • guarantee of compliance with obligations to municipal institutions and state bodies;
  • ensuring the activities of the enterprise within the framework of federal and labor legislation;
  • organization of effective management of the legal entity entrusted to the head (enterprise, organization or institution);
  • settlement of all issues of economic, economic and financial activities;
  • implementation of all decisions of the founders and regulatory bodies;
  • ensuring the integrity of property and material values ​​that are the property of employers (founders);
  • performance of directive and executive duties in accordance with the job description for the position held.

You will not find a complete list of all the obligations of the CEO in labor law, it is compiled individually for each case, taking into account the standards.

When deciding on the work of a part-time director, it is necessary, first of all, to consider it from the standpoint of expediency. This is a very reasonable practice with existing branches, subsidiaries, affiliated and dependent structures. In this case, the combination of the first manager ensures managerial efficiency with maximum benefit for the employer.

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Work on external part-time and internal

How does internal part-time work differ from similar activities in a third-party organization? Let's take a closer look.

Internal combination

One person can perform duties at different times in several positions. This model of labor relations has a separate name and specifics, on which the order and correctness of their registration by the personnel inspector depends.

In this case, an additional agreement is prohibited. It is necessary to draw up and conclude another employment contract, which means that the employee will be assigned another personnel number (for payroll by an accountant for each of the positions).

The main employee, who is registered for part-time work within the enterprise, does not need to re-collect documents. Except in cases where advanced qualifications are required to perform functional duties in a new place.

All the necessary information about the employee is contained in the personal file, which is available in the personnel department. It remains only to find out how to correctly arrange a part-time job within the same employer. You should do it in this order:

  1. the manager discusses with the employee the details of the subsequent part-time job;
  2. the main employee submits an application for a part-time job, written arbitrarily, where he asks to be accepted for a certain position as a part-time job from such and such a date;
  3. an order is issued, which, in contrast to the standard directive on admission to a position, contains a mention of part-time employment (the employee must be familiarized with this document against signature);
  4. an employment contract is drawn up, where the internal part-time job is indicated in the features of the future work.

Now it remains to make an entry in the workbook about part-time work, if the employee has expressed such a desire in the form of a written application. When registering an internal combination, one should rely on the provisions of the Labor Code of the Russian Federation. There, in turn, it is said that without the initiative of the employee, the employer does not put this mark.

This mark does not have any special features. The serial number of the entry, the date of acceptance, information about the appointment to the position, the reason for the appointment are written. As you can see, the design of internal part-time work is not so difficult. Knowing all the intricacies of this issue, a HR specialist will not have to study labor law over and over again.

External part-time

Outsourced work has a number of features. This scheme differs from the combination within the enterprise. Sometimes this is accompanied by difficulties on the part of the personnel department. Therefore, you need to carefully study the procedure for registering an employee according to this scheme.

So, the head cannot take a new part-time job for a position that is not in the staff list. Also, you can not do without the presentation of documentation that confirms the required degree of qualification of the future employee.

His educational diploma (copy) will remain in the personal file at the main place of work. How to arrange a combination in this case? It is the responsibility of the applicant to submit their own documents. He receives a copy of the diploma at the place of main work and submits it simultaneously with the original to the future employer. Then the original is returned to the personnel officer at the previous job.

A few more points to consider:

  1. execution of an employment contract on external combination is mandatory, since the nature of the future work is mentioned there;
  2. an order is required to hire a person to work part-time;
  3. a strict record of his working time is kept.

An integral part of the employment contract is the part-time work schedule, which also takes into account the time of the main work of the new employee.

How to apply for a part-time job

There are no big differences in the registration of an employee for a combination and the procedure for standard hiring. An employment contract must be drawn up, after which it is signed by each party. Part-time work is regulated by the Labor Code of the Russian Federation. When designing, you should remember some subtleties of this scheme:

  1. the text of the contract and the work book (at the request of the employed worker) must necessarily contain a reference specifically to part-time employment;
  2. there are a number of legal restrictions for part-time workers that prohibit certain categories of workers from this form of labor relations;
  3. the concluded contract should provide for a work schedule, normalization of working hours (production is brought in line with the approved indicators - no more than 4 hours a day are allotted for part-time work, if labor tasks during this period are performed at the main workplace).

The employer issues an order to hire an employee for a position. To do this, use the standard form T-1 or your own local sample, regardless of the type of combination (external, internal).

The amount of wages and the procedure for payments are indicated in the contract. Part-time employment and its registration are regulated by the Labor Code of the Russian Federation, and an employee can not only receive a tariff rate, but also have the right to count on increasing coefficients that take into account working conditions (night shifts, work on weekends and holidays).

What documents will be required when applying for a part-time job:

  1. an application for admission of an employee to a combined position;
  2. passport or other identification document;
  3. part-time employment contract;
  4. a diploma or a document on the appropriate level of qualification of the employee (if the position provides for it);
  5. a certificate from the main organization (under difficult working conditions of the future part-time worker);
  6. SNILS (it is not mentioned in the labor code, but the employer must have it to transfer insurance premiums).

The employer cannot demand a work book, since it is stored at the main place of work. In other words, for a third-party company, part-time work does not require a work book. If an employee expresses a desire to have a documentary record of the combination, then this is not prohibited by law.

To do this, you need to bring to the main employer (where the work book is located) a certificate, a copy of the employment contract or order confirming the fact of additional employment. In the case of internal part-time employment, the employee's personal file (if it is opened) is already completed with documents on all types of work performed.

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Practitioner tells

Dmitry Morozov, ex-employee of the law firm "Kachkin and partners", St. Petersburg

If the owner and director are the same person, then labor relations are not regulated by the 43rd chapter of the Labor Code. This is on the one hand. On the other hand, the list of professions and positions that do not fall within the legal field of the Labor Code of the Russian Federation is set out in Article 11 of this standard. There is no CEO as the only member. In addition, it should be emphasized that the section "General Provisions" allows the application of this agreement to the regulation of labor relations if the director and the founder are the same person.

Consequently, the owner and general director concurrently, as a guide to action, can apply legislative norms, that is, he has the right to draw up the specified labor agreement. For those owners and managers who are frivolous about proper paperwork, I remind you that they can get very negative consequences for their connivance, both for the director and for the organization as a whole.

How to transfer from a part-time job to a main job

There are two ways to transfer an employee from a part-time job to the main position:

  1. The transition of a part-time job is formalized by the “dismissal-acceptance” method, that is, the termination of the employment contract for part-time employment and the signing of another - at the main place of employment.
  2. The transfer of a part-time job is formalized through an additional agreement, which specifies changes to the provisions of the previous employment contract on part-time work.

Let's talk about the second method in more detail. According to articles 57 (part 2, paragraph 11) and 282 (part 4) of the Labor Code of the Russian Federation, part-time employment is included in the employment contract as one of its conditions. By written agreement, the parties may change it, referring to Article 72 of the Labor Code of the Russian Federation.

In order to switch to the main job from the position of a part-time job, it will be necessary to amend the current employment contract accordingly in terms of recognizing the part-time clause as invalid. Rostrud also expressed this point of view in its informative letter No. 4299-6-1 dated 10/22/2007.

At the same time, the translation procedure should be consistent and consist of several stages:

1. Request a work book from an employee. This is necessary to confirm the fact of dismissal of the future employee from the previous place of work.

2. Draw up an additional agreement on amending the employment contract for part-time work. According to this document, the provision on part-time work will cease to operate, and the person will be accepted to the main place of work. In the new agreement, it is necessary to fix the change in positions regarding:

  • part-time work schedule, since the rationing of the working time of a part-time employee and the main employee are not the same (Article 284 of the Labor Code of the Russian Federation);
  • wages of the employee, since usually the work of a part-time worker is paid in proportion to the hours worked (Article 285 of the Labor Code of the Russian Federation).

3. Sign an order to move the part-time job to the main job, that is, to recognize this position as the main one. The order is drawn up in free form, since its standard form is not approved. This document is needed by accountants in order to legally accrue wages to an employee in case of its fluctuations, and to a timekeeper responsible for recording hours worked to correctly fix the length of an employee's working day.

4. Make a note in your workbook. For this case, the law does not establish the procedure for making records of transfers in a labor document. Rostrud recommends several options for filling it out in its letter No. 4299-6-1 dated 10/22/2007. Their choice is determined by the fact that part-time work is indicated by an entry in the employee's work book.

5. Change the data on the new working conditions in the T-2 form (personal card), approved by the State Statistics Committee of Russia in Decree No. 1 of 01/05/2004.

The legislation does not establish the procedure for indicating information about changed working conditions in the personal cards of workers.

A personal card is the primary document for accounting for the work of personnel in an organization (according to the aforementioned resolution of the State Statistics Committee). However, the Guidelines for the Application and Completion of Forms of Primary Records for Recording Labor and Remuneration (adopted by this resolution) do not explain how to make corrections to work data in the T-2 form.

In this case, you can justifiably be guided by the rules for corrections in the primary accounting documentation in accordance with Article 9 of the Federal Law No. 402 (part 7).

For example, when making changes to the working conditions of an employee, you should cross out the entry in your personal card with a thin line so that it is easy to make out the corrected one. New information is written above the crossed out text, and the word “corrected” is indicated in the margins against this line, which the personnel officer certifies with his signature and puts the date of the change. This is due to the "Regulations on documents and workflow in accounting" (clauses 4.2 and 4.3), adopted by the USSR Ministry of Finance on July 29, 1983 (No. 105).

In order to prevent trouble during the inspection by the labor inspectorate, it is better to indicate in the LC the grounds for changing the working conditions of the staff. To do this, there is a section “Additional Information”, where a note is made of the following content: “Data on the type of work have been changed since December 24, 2013 on the basis of an additional agreement No. 21/13-td-01 dated December 24, 2013 to contract No. 09/01/2012".

The procedure for formalizing the transfer of an employee from a part-time job to the main position using an additional agreement has not been officially established. More precisely, it is not defined which entry is made in the work book. The aforementioned letter of Rostrud No. 4299-6-1 with recommendations on this issue does not belong to the category of regulatory legal acts. For this reason, the employer will not be able to prove to the inspectors the legitimacy of such records upon presentation of claims on their part.

In addition, if an incorrect entry is entered in the work book that violates labor law, misunderstandings with the FSS of the Russian Federation are possible during the calculation of the insurance period to determine the amount of benefits for sick leave, pregnancy and childbirth. All entries that are taken into account when calculating the insurance period must comply with the labor law current on the date the latter were entered in the work book (“Rules for calculating and confirming the insurance period for determining the amount of benefits for temporary disability, for pregnancy and childbirth”, paragraph 24) . These Rules were put into effect by order of the Ministry of Health and Social Development No. 91 dated February 6, 2007 and are not observed in the considered case.

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Transfer from the main place of work to a part-time job

According to Article 282 of the Labor Code, part-time employment is the performance by an employee of another systematically paid work in accordance with an employment contract in a time not busy with the main activity. At the same time, the law does not establish the rules for transferring from the main place of work to a part-time job. In practice, there are two ways to deal with this issue.

Internal transfer within one company

The transfer, including the transfer from the main position to part-time workers, in essence, indicates a change by the parties of previously reached agreements, therefore it must be formalized in a written agreement of the same name in accordance with Article 77 of the Labor Code of the Russian Federation.

This means that dismissal from the main place of work may be accompanied by the filing of an application for the transfer of an employee to a vacant part-time position. After that, you (the employer) sign an additional agreement with this employee and attach it to the current employment contract. In the additional agreement, provide for a new work schedule, other wage conditions, but leave the original employment contract in force.

There is a small snag in relation to the Instructions for the design of work books. It establishes that part-time data is entered there only at the request of the employee by the personnel department of the main place of work. On the other hand, according to the same instructions, when transferring an employee, the document must contain records of former and current places of work or positions. But how to transfer a person from one job to another when his work book does not have data on these jobs?

Termination of the employment contract at the main place of work

Occurs at the initiative of the employee or by agreement of the parties with further acceptance of him to work part-time by issuing a personnel order and drawing up another employment contract, which determines that this work is designed for a part-time job.

Moreover, if a person is employed in a position of this kind, then an employment contract is signed with him on a general basis. The peculiarity is that an employee working as a part-time employee should not transfer his work book, military ID and insurance certificate of state pension insurance to his supervisor.

A similar variant of transferring from the main place to a part-time job is now the most popular.

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


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

The division between the two services into main and additional employment is divided depending on how long you are in a particular workplace. The organization where the employee spends most of his working time is considered the main one.

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

  • Basic rules for part-time work;
  • List of required documentation for the applicant for a vacancy;
  • The duration of the working day;
  • Payment nuances;
  • The procedure for registration and payment of sick leave, vacation or decree;
  • What guarantees are provided to a part-time worker;
  • The dismissal procedure, its features.

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

Types of employment

There are two types of partnerships:

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

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

When the combination of positions is prohibited


Some categories of civilians cannot officially work in 2 jobs at the same time. It refers to:

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

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

  • The director of the enterprise may be a part-time worker in another organization, having permission from the owner for this.
  • Athletes or coaches combine positions only after obtaining permission from higher authorities.

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

How many rates can one person work

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

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

Art. 284 of the Labor Code of the Russian Federation says that in his spare time a citizen can work at an additional job full time (eight hours) and get a full salary for them.

There is a restriction regarding the norm of working hours for the main type of activity. Part-time service should not take more than ½ of this norm (no more than twenty hours a week).

Registration procedure

An employee is hired to the main place of activity according to the “classic” scenario:

  • Registration and signing of an employment contract, which reflects the nuances of the upcoming cooperation;
  • Familiarization with the list of labor duties, the employee must sign this list;
  • A job order is issued;
  • On the basis of the order and the contract, an entry is made in the work book. It is kept by the employee of the personnel department until dismissal.

When applying for additional work, the provision of a work book is not required, you must have with you:

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

The registration procedure is standard:

  • Signing an employment contract, indicating information that the activity is carried out "part-time".
  • The employee is given a list of duties, he signs a document stating that he is familiar with them;
  • Issuing a work order.

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

How to work: one or two work books

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

A work book will be required when applying for a main job. At enterprises where you work part-time, you can not provide it. Sometimes the employer asks to confirm the employee's experience and length of service, then you will need to take a copy of the work book, certified by signature and seal, at the main job.

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

  • Difficulties with the tax service;
  • Accusation of fraud and imposition of penalties;
  • Difficulties in obtaining a pension and calculating the total length of service;
  • Negative feedback from the employer.

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

Conclusion

Officially, you can work at two jobs at the same time, most importantly, correctly calculate the forces and time. Remember that unofficial activities are fraught with risks, it is better to legalize everything, get guarantees and protection from the state.



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