Part-time: deal with complex issues. Compatibility and combination: limitations and features

Features of contracts for part-time work

The Labor Code of the Russian Federation fixed the features of labor regulation of persons working part-time, ch. 44 of the Labor Code of the Russian Federation.

part-time- this is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job.

Thus, the street, who worked part-time, at least two employment contracts: one for the main job, the other part-time. Part-time work is allowed for several employers, unless otherwise provided by federal law (Article 282 of the Labor Code of the Russian Federation).

In a mandatory indication that the work is part-time. The necessary conditions of an employment contract, established by agreement of the parties, are the volume of the labor function, the working day, and wages. Based on Art. 59 of the Labor Code of the Russian Federation with persons working in this organization in combination, a fixed-term employment contract is concluded. The term of the employment contract for part-time work is established by agreement of the parties.

External and internal combination

Distinguish between internal and external combination. Article 98 of the Labor Code establishes that work under the conditions of internal combination is allowed only in another profession, specialty or position. As a general rule, no permits are required for entering a job in the order of external part-time employment, with the exception of the head of the organization and members of the collegial executive body of the organization. Thus, the head of an organization can work part-time only with the permission of the authorized body of the legal entity or the owner of the organization's property (Article 276 of the Labor Code of the Russian Federation). Article 283 of the Labor Code of the Russian Federation contains an exhaustive list of documents to be presented when applying for a job in the order of external part-time employment. The employee is required to present a passport or other identification document; for work requiring special knowledge - a diploma or other document on education or professional training; when hiring for hard work, with harmful or dangerous working conditions - a certificate of the nature and working conditions at the main place of work. The head of the personnel service requires a copy of the work book (extract from the work book) or a certificate from the main place of work from the applicant in order to document the work experience of the employee, as well as in order to prevent such facts when a citizen tries to get a part-time job and such how to hide from the employer a non-working disability group.

At the request of the employee about part-time work, an entry can be made in the work book. The entry is made at the place of the main job on the basis of a document confirming the work but part-time. In the same order, a record of dismissal from this job is made.

The legislation establishes restrictions on the possibility of part-time work for employees of certain categories due to the special nature of the work they perform, as well as for reasons of labor protection. Article 282 of the Labor Code of the Russian Federation prohibits part-time work for persons under eighteen years of age, as well as heavy work, with harmful or dangerous working conditions, if the main work is associated with the same conditions. Federal legislation prohibits part-time work, except for scientific, teaching, other creative activities, for members of the Government of the Russian Federation, municipal employees, judges, etc. The federal law "On the State Civil Service of the Russian Federation" provides that a civil servant has the right to perform another paid work, if this does not entail a conflict of interest (part 2 of article 14 of the Law).

Part-time work is performed on a part-time basis with remuneration in proportion to the time worked or depending on output, that is, for the work actually performed. The law does not guarantee that part-time wages cannot be less than the minimum wage established by federal law.

In order to protect the health of citizens, the legislator limited the time of part-time work. According to Art. 284 of the Labor Code of the Russian Federation, the working hours for part-time workers cannot exceed four hours a day and sixteen hours a week.

Part-time workers have the right to leave or replace it with monetary compensation upon dismissal. Annual paid leave at part-time work is provided simultaneously with leave for the main job. This obligation of the employer also occurs if the employee has not completed six months of combined work. In this case, the leave is granted in advance and must be paid in full. If, however, the employment contract is terminated with a part-time worker before the end of the working year in which he received leave, then deductions are made from wages on the basis of Art. 137 of the Labor Code of the Russian Federation.

If at a part-time job the duration of the employee's annual paid leave is less than the duration of the leave at the main place of work, then the employee has the right to ask the employer to grant him unpaid leave of the appropriate duration. If the employee has made such a request, the employer is obliged to provide such leave.

Due to the fact that persons who combine work with education are provided with guarantees and compensations only at their main place of work (Article 287 of the Labor Code of the Russian Federation), employees who worked part-time are not entitled to claim these guarantees and compensations for combined work (for example, for payment for travel to and from the location of the educational institution). As for other guarantees and compensations provided for by the Labor Code, collective agreements, they are provided to part-time workers in full (for example, guarantees upon termination of an employment contract - payment of severance pay upon dismissal from a combined job due to staff reduction).

An employment contract with persons working part-time may be terminated both on the general grounds provided for by the current legislation, and in the case of hiring an employee for whom this work will be the main one. This additional ground for termination of the employment contract is provided for in Art. 288 of the Labor Code of the Russian Federation. It should be noted that the dismissal of a part-time job in this case is the right of the employer, and not an obligation, that is, he can transfer the part-time job with his consent to another job.

In the Labor Code of the Russian Federation, not all the rules governing part-time relations are set out quite clearly. So, it is not entirely clear (and there are different points of view on this issue) whether a part-time employment contract remains valid if the employee terminates the employment relationship at the main place of work or is dismissed at the initiative of the employer. Some researchers believe that if the employee loses his main place of work, the contract for combined work will still be considered as an agreement with a person working part-time, and the employer has the right to dismiss such an employee in case of hiring an employee for whom this work will be the main one. Another point of view is that the employer is not entitled to make such a decision, since the main sign of part-time work has been lost - the performance of labor duties in their free time from the main job. Of course, the legislator should introduce some clarity on the issue under consideration into the rules governing part-time employment.

Part-time employment should be distinguished from the combination of professions (positions). Combination is a situation when an employee, during the working hours established for him, along with his main job, stipulated by an employment contract, performs additional work for the same employer in another profession or position. Combination is also considered the expansion of the scope of work in the same profession or position, the fulfillment of the duties of an absent employee. For example, the main specialty of a worker is a bricklayer, but he can combine it with the specialty of a plasterer in his working day; or a secretary-typist acts as a secretary, at the same time performs printed work during the working day. When combining professions, a certain additional payment is made to earnings. The amount of additional payments is established by agreement between the employee and the employer.

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

Internal combination and internal combination of positions: the difference in the design of relations

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

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

• internal combination;
• combination of positions (professions).

There is a fundamental difference between these two forms that the company must understand. Namely: internal part-time work means the performance of work not related to the main one, at a time that is not occupied by the main activity of a specialist (Articles 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time work) is performed completely outside the scope of the main position held by the employee.

Example:

G.V. Ivanov works as a mechanic at a manufacturing enterprise. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same enterprise. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e. from 1800 to 2100. In this case, he does not combine positions, but performs the functions of a cleaner as his additional work on the terms of internal combination in the same firm.

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

Example:

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

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

Work on combining positions: registration

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

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

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

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

• a company offer signed by the employee to combine positions;
• application of the employee with a request to allow the combination of positions.

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

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in the time sheet? In accordance with labor law alignment work does not appear separately on the table. After all, the employee performs the combined work in parallel, at the same time at which he is busy with the main work. Therefore, in the time sheet, you need to record only the hours spent on the main work.

Order on internal combination - sample

After signing an additional agreement, the company should issue an appropriate order.

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

At the same time, it should indicate which positions the employee will combine, for how long and for what additional payment. At the same time, as a basis for combining in the order, you must specify the details of the additional agreement drawn up with the employee.

A sample order can be found on our website:

Completion of the combination of positions

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

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

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

In addition, the Labor Code of the Russian Federation establishes that at any time both one and the other party may terminate the combination unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, simply send the appropriate notification (if the initiator of the cancellation is a company) or an application (if the initiator is an employee) to the second party no later than 3 business days.

ATTENTION! If the company is the initiator of the termination of the combination, then it makes sense for it to acquaint the employee with the relevant notice against receipt, so that it does not later become clear that, since he did not know anything about the cancellation, he continued to work for some time, combining 2 positions, for which he requires appropriate remuneration.

Internal combination according to the Labor Code of the Russian Federation

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

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

IMPORTANT! If the day falls when the employee is released from the main job for any reason, he can do part-time work throughout the working day.

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

For more information on how much time an employee is entitled to spend on part-time work, see the article “Part-time work - how many hours a week can you?” .

An equally important question for both internal part-time workers and their employers is how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be set in one of 3 ways:

• in proportion to the time occupied by the work;
• according to the piecework scheme;
• on other conditions stipulated in the employment contract.

On the features of the additional payment to the minimum wage for internal part-time workers, see the article "Supplement to the minimum wage for external and internal part-time workers" .

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

An important issue that worries, in particular, part-time women, concerns the provision of benefits for pregnancy and childbirth.

Read more about this in the article. "Maternity allowance for part-time workers" .

How to arrange an internal part-time job

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

ATTENTION! Employment contracts with an internal part-time job there should be exactly two: on the main job and part-time.

In particular, the employment contract must contain information about:

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

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

ATTENTION! The employment contract must necessarily reflect information that the employee occupies the position on the basis of internal part-time employment.

Order and application for internal combination

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

The prepared application must be submitted in writing to the personnel department of the company.

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

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

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

Results

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

You will need

• - employee's documents;
• - enterprise documents;
• - seal of the organization;
• - labor legislation;
• - order form in the form T-1;
• - application form for employment;
• - staffing;
• - standard contract form.

Instruction

When hiring an external part-time worker an application is required. It must be written on the form developed by the clerk. The employee should, in the content of the application, express his request for acceptance to the position (its name is indicated) in combination. The document must contain the signature of the employee, the date. The application is endorsed by the director. The resolution consists of the signature of the head and the date of receipt on work.

As with the main employee, an employment contract should be concluded with a part-time employee. Its conditions must contain the position, salary, allowances, bonuses in accordance with the norms of labor legislation that regulate admission to work concurrently, and also contain the rules for registration of such labor relations. Typically, wages part-time worker should not exceed 50% of the salary of specialists prescribed in the staff list. But the employer has the right to establish a higher payment, indicate this in the contract. It would be best to pay work part-time worker according to actual hours worked. Certify the document with the seal of the company, the signature of the director and the employee being accepted.

An agreement with a part-time partner is necessary to draw up an order. To do this, use the unified form T-1. The document must contain the name of the enterprise, the city of its location, number, date of admission to work. The subject of the order is the appointment of an employee, and in the content part, write down the personal data of the specialist, the name of the position, department, salary in accordance with the contract concluded with him.

Get a personal card for the employee. Specify the employee's personal data and other necessary information (about educational activities, etc.). If a specialist wishes to make an entry in the work book about part-time work, give him a certificate on letterhead, a copy or an extract from the order for admission to the position. One of the listed documents will be the basis for the personnel officer of the employee's main place of work to make a record of an additional position.

Sources:

• We are hiring a partner

Now some people are trying to work not at one job, but at several. And why not, if time and energy allow! Of course, you can work not under an employment contract, but according to the code, such workers are part-time workers, and it is necessary to conclude an agreement. There are internal and external collaborators. The first are those who work in one organization, while external ones have several employers.

Instruction

When applying for a job as an external part-time job, ask the employee to provide a passport, as well as a diploma (certificate). If his main place is associated with harmful, dangerous or difficult working conditions, then a certificate from that employer.

After that, conclude an employment contract with him, it can be urgent. Be sure to indicate in the document that the employee has a main one, and he is not hired full-time.

Do not forget to issue an order (instruction) on hiring, in which it is indicated that the employee is hired on a part-time basis.

Make entries in the work book at the request of the employee. Indicate the serial number of the information, write that it was hired by an external part-time worker, indicate the number and date of the order.

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)

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).