Ekaterina Pashkova
The problem of lack of money is universal. It is hardly possible to find at least one person who is completely satisfied with his income. Where can I get additional finance? That's right, if you brush aside all criminal possibilities, then all that remains is to work more. And the accountant of a company where such hardworking employees work has problems additional questions. What options are there for getting a part-time job? What is the difference between them? You will find the answer in this article.
The Labor Code distinguishes between two main types of part-time work:
Additional work performed during the working day;
Part-time work that an employee does after graduation, that is, in free time.
Eight hours for work and part-time work
Let’s assume that during the working day, in addition to his main duties, an employee also does work in another position or profession. This phenomenon is called combination (Article 60.2 of the Labor Code of the Russian Federation). He has the following symptoms:
An agreement has been concluded with the employee to perform the main work;
A separate document is not issued for additional work;
The employee works part-time in the same organization;
The employee does not stop performing his main duties;
An employee does part-time work during his working day.
Additional and main work refers to different professions or positions provided for in the staffing table.
If the position is the same...(2 lvl.)
A logical question: is it not possible to additionally work in the same position (profession) as the main one? Of course you can! Only in this case we are no longer talking about combination, but about expanding service areas or increasing the volume of work. These concepts, by the way, are regulated by the same Article 60.2 of the Labor Code of the Russian Federation. All the same conditions are present here as in the combination case, only the employee performs work in his own profession (position), but to a greater extent.
Let's give an example. If he also performs the duties of a loader in a warehouse, this is a combination. But the maintenance by a specialist of the HR department, to which a certain division of the organization is assigned, also of the work books of employees of another department, will already be an expansion of the service area.
Most often, employers use both combining and expanding service areas (increasing the volume of work) to fulfill the duties of a temporarily absent employee. Moreover, increasing the volume of work is practiced more often.
There is no fundamental difference between these concepts. The Labor Code regulates both combination and expansion of service areas in the same way. However, if, on behalf of the manager, the employee performs work in another position or profession (that is, there is a case), it is necessary to first check the employee’s suitability for this position, or whether the employee has special knowledge according to the required profession.
How to arrange a combination (level 2)
The employer does not have the right to “load” an employee with additional responsibilities (not related to his main job) during the working day. This is possible only with the written consent of the employee himself. This requirement is contained in Article 60.2 of the Labor Code of the Russian Federation.
The parties must agree on the content of additional work, its volume and timing, as well as the procedure for payment for such work. All these conditions must be specified in an additional agreement to the employment contract. Based on this agreement, an order is issued from the manager to involve the employee in extra work. But there is no need to make any additional entries in the work book.
One of the terms of the agreement for additional work is its duration. However, as stated in Labor Code, both the employee and the employer can stop working part-time without waiting for the end of the period. And without explanation. It is sufficient to notify the other party in writing no later than three working days in advance. In this case, you need to create one more additional agreement to the employment contract and issue an order to stop additional work.
Combination fee (level 2)
You must pay for additional work! They do this according to the rules of Article 151 of the Labor Code of the Russian Federation. Thus, the amount of payment for part-time work is determined by agreement of the parties, taking into account the content and (or) volume of additional work. That is, neither the minimum nor the maximum amount of additional payment is limited.
If additional work involves piecework wages, the amount of additional payment is determined based on the quantity of products manufactured and established prices. And if it’s time-based, the surcharge can be set in several ways, for example:
As a percentage of the employee’s salary for the main job;
As a percentage of the salary corresponding to the combined position;
In a fixed amount.
Part-time work
Additional work performed after the end of the working day is called part-time work (Article 60.1 of the Labor Code of the Russian Federation). You can work part-time not only with your main employer, but also in other organizations. It's just that in the first case we will talk about internal part-time work, and in the second - about external one.
The following signs of part-time work can be distinguished:
The employee has a main job;
The employee works additionally in his free time from his main job;
Part-time work is regular and paid;
A separate agreement has been concluded with the employee employment contract.
How to register a part-time worker
The Labor Code of the Russian Federation regulates part-time work much more strictly and in more detail than combination and expansion of service areas. Chapter 44 of the Labor Code is devoted to these issues. The increased attention is perhaps due to the fact that with a part-time job, the employee exceeds the working time limit established by the Labor Code and works in his free time intended for rest.
Therefore, there are a number of restrictions. So, for example, you cannot hire part-time:
Persons under 18 years of age;
Employees for heavy work or work with harmful (dangerous) working conditions, if their main activity is related to the same conditions;
Workers to manage vehicles or control their movement if their main work is of the same nature;
State or municipal employee for any work other than teaching, scientific or other creative work.
In addition, it is necessary to take into account the separate rules for part-time work established by Resolution of the Ministry of Labor of Russia of June 30, 2003 No. 41 for pedagogical, medical and pharmaceutical workers and cultural workers.
As we have already noted, a separate employment contract must be concluded with a part-time worker (including an internal one). Moreover, it must indicate that the person will work on a part-time basis. Information about such additional work, at the request of the employee, can be entered into the work book. This entry is made at the main place of work.
When concluding an agreement with a part-time worker, you need to take into account that the Labor Code limits the duration of his working hours. According to the rules of Article 284 of the Labor Code of the Russian Federation, it should not exceed four hours a day. An employee can also be assigned a different work schedule, but in any case, during the accounting period (month, quarter, year - depending on the organization’s working hours), the time worked by a part-time employee should not exceed half of the standard working time for this category of employees.
That is, with a normal eight-hour working day (and a five-day schedule), a part-time worker cannot be required to work more than 20 hours a week, and with a shortened one, even less. For example, when harmful conditions labor – no more than 15 hours per week.
If for some reason a part-time worker works more than expected, such work is considered overtime and must be paid accordingly. The exception is cases when an employee at his main place has suspended work (Part 2 of Article 142 of the Labor Code of the Russian Federation) or is suspended from it (Article 73 of the Labor Code of the Russian Federation).
As for the termination of a part-time agreement, the general rules apply. However, in this case the employer has additional grounds for dismissal. An employment contract with a part-time worker can be terminated if a person is hired for whom it will become the main job (Article 288 of the Labor Code of the Russian Federation). In this case, the employer must send a written warning to the part-time worker two weeks before the proposed dismissal. However, if the part-time contract is fixed-term, such grounds for dismissal do not apply.
Part-time fee
Part-time workers are usually paid in proportion to the time worked. But, as stated in the Labor Code, the contract may also provide for other payment options (Article 285 of the Labor Code of the Russian Federation). In this regard, it should be noted that the Ministry of Finance of Russia allows the cost of remuneration of part-time workers to be taken into account in the tax cost only within an amount not exceeding official salary provided for by the staffing table (letter of the Ministry of Finance of Russia dated February 1, 2007 No. 03-03-06/1/50).
All guarantees and compensations established by the Labor Code are provided to part-time workers in full. For example, sick leave and maternity leave are paid to an employee not only by the main employer, but also by the company where he works part-time (Article 13 of the Law of December 29, 2006 No. 255-FZ “On provision of benefits for temporary disability, pregnancy and childbirth ").
The exception is “northern” guarantees and compensation, as well as those related to combining work and study. Such guarantees and compensation can only be obtained at the place of main work.
Part-time workers are also entitled to annual paid leave. Moreover, simultaneously with vacation from the main job. If it seems longer there, then at the “second” job the employee has the right to take leave for the missing days without pay. wages. And if, by the time he goes on vacation at his “first” job, the part-time worker has not yet worked at the “second” job for six months, the “second” employer provides him with paid leave in advance.
In some cases, an employee, in addition to his main place of work, may have an additional one. At correct design the law allows for this possibility. Performing regularly paid work during hours free from the main activity and with mandatory registration employment contract is called part-time work. It assumes part-time work. Employees performing their duties at their main place of work and part-time are equally protected by labor law. Officially issued additional activity allows you to fully use the guarantees provided by law.
Part-time work can be divided into two types. They differ only in the place of employment. Regardless of the choice, employees are provided with equal social guarantees (payment of bonuses or coefficients, provision of paid leave, etc.). Part-time work is considered the same full-fledged activity, which takes up less time per day. In most cases, the working day does not exceed four hours. For doctors, cultural workers and pharmacists, Resolution of the Ministry of Labor No. 41 sets out its own standards. Part-time activities can be divided into:
How the law regulates part-time work:
- external, which involves an employee performing activities in another organization on a regular basis under an employment contract (during hours free from main activities);
- internal - official registration of an employee for an additional position in the company where he carries out his main activities (with a mandatory indication in the contract that this is a part-time position).
Rules for registering a part-time job: required documents
A note about part-time work in the work book is placed at the request of the employee. This information must be provided by the main employer. If an organization where part-time activities are carried out puts a similar mark, the entry will be considered invalid. Only the main employer is legally entitled to enter this information. There is a situation when an employee continues to work in an additional job, but he loses his main job (dismissal, layoff, etc.). If the mark in the work book has not been made, then only the next employer (at the main place of employment) will have the right to make it.
When an employee is hired, an employment contract is concluded. It contains the necessary information regarding the payment procedure, working hours and other important aspects of the activity. The contract must indicate that the activity being performed is part-time. It must be drawn up in two copies and signed by the parties. For internal part-time work, you can enter into a fixed-term contract.
Features of part-time vacation
All individuals Those performing duties under employment contracts are entitled to annual paid leave. It also applies to employees who are, but the procedure for provision is slightly different. Like other categories of workers, they are provided with the preservation of their position (job) and average earnings (Article 114 of the Labor Code). Article 115 of the Labor Code establishes a duration of at least 28 calendar days. For some categories, extended or additional leave may be used. These privileges are provided to highly specialized employees who carry out activities specified in the law. The right to exercise extended vacation can:
- medical workers who diagnose and treat HIV-infected people (clause 4 of Resolution No. 391 of April 3, 1996);
- teaching staff (Article 334 of the Labor Code).
Additional leave (paid) is provided to persons engaged in harmful, dangerous or difficult work. For employees performing their duties in the Far North, special additional holidays, the duration of which is 24 calendar days. For areas equated to the conditions of the Far North, the duration is 16 days.
occurs simultaneously with vacation from the main job (Article 286 of the Labor Code). It may turn out that the duration of vacation for the main job is longer than for the additional one. In this case, the employee has the right to ask for leave for the corresponding period without pay. In other words, extend your vacation at an additional place of work. Leave in advance is provided for part-time workers who have worked for less than six months.
Who can be a part-time worker?
The law specifies persons who do not have the right to combine their main activity with any other. Among them:
- minors - up to eighteen years of age;
- workers performing hazardous or hard work those working in hazardous industries;
- judges;
- prosecutors;
- members of the Government;
- civil servants.
All other able-bodied citizens can take one or more additional jobs. Quantity is not limited. At the same time, it is important to comply with the requirements enshrined in Article 284 of the Labor Code. It states that a part-time employee’s working day cannot exceed four hours. And for the reporting period (week, month or year), the duration of the total number of hours worked must be less than half the time that was occupied at the main place.
For individual categories its own duration is set working day at the same time. These mainly include cultural workers, doctors and pharmacists. In some cases, part-time workers have the right to work more than four hours a day, but compliance with the ratio of the total time of primary to additional employment must be maintained. In order to find out how to register a part-time employee, you need to familiarize yourself with the Labor Code, namely Chapter 44. It contains the main provisions that regulate this type activity.
The law of December 29, 2006 No. 255-FZ, in article 11, paragraph two, provides for the receipt of “maternity” payments by pregnant women who perform part-time activities. It says that they have the right to receive maternity benefits in the maximum amount for each place of work. Each official employment contract (including external part-time work) is recognized as a full-fledged activity for which payments can be received.
The rules for registering employees for their main place of work and part-time jobs are for the most part the same. There are some differences to consider. An important point when employing an employee there is a contract. Correct preparation and compliance with established legal requirements is the key to successful interaction between the organization and the employee. Part-time work is a popular type of employment that has been gaining momentum lately. Situations arise when it is the fastest and effective way solve the problem with missing personnel.
Part-time work is quite common, so it is important to know how to arrange everything correctly Required documents. Specific recommendations depend on the type of work; therefore, it is important to master not only practical, but theoretical issues.
It is important to understand that part-time work has several essential features:
- First of all, the choice of this form of employment is made only by the employee himself and only on a voluntary basis. That is, any compulsion to work part-time is not allowed.
- Such labor relations are always of an official nature and are secured by a corresponding employment contract.
- It always presupposes having a main place of work, which distinguishes it from a part-time job, which is often the only source of income.
Part-time work may involve maintaining labor relations for an indefinite period or for a season (for example, in the summer). In this case, there are 2 forms of work, which determine how to register an employee and how to correctly fill out all the documents:
- External – when an employee works for different employers.
- Internal – when an employee simply combines different positions within the same organization.
Internal documents can be completed much easier, since the employer already has everything necessary documents, and the employee can only draw up his application. At the same time, a citizen can theoretically combine an unlimited number of positions - both in different companies and within the same organization (if this does not violate the law).
Should not be mixed internal part-time job with the performance of additional duties, new assignments related to previous work. In the first case, a separate employment contract is always drawn up, but in the second there is no such need.
Who cannot be accepted as a part-time worker?
Any employee can be hired under these conditions, with the exception of several cases:
- Minor citizen.
- Those engaged in a certain type of activity as their main job and applying for the same type of activity in combination:
- drivers;
- workers working in dangerous and harmful conditions.
- Bank employees.
- Military personnel.
- Civil servants.
- Working in law enforcement agencies, prosecutor's office, judges different levels, lawyers.
- Chiefs and employees in security organizations.
Business managers can be licensed to work part-time, but to find out how to do this correctly, you need to make sure they have permission. It is issued by all the founders (owners) of the company managed by this employee.
Registration procedure: step-by-step instructions
In general, the employment procedure is no different from the usual procedure: it is necessary to obtain all documents from the employee, conclude an official employment contract with him, and then draw up all the required papers (order, entry in the employment record, etc.).
Step 1. Collection of necessary documents
A specific list is provided in the Labor Code (Article 283). Mandatory papers include the following:
- original and copy of passport;
- SNILS;
- if necessary, the original military ID;
- a copy of the certificate, diploma, other educational documents (at the discretion of the employer);
- extract from the employment record (at the discretion of the employer).
The employee must also draw up an application, the form and sample of which are provided by the employer. In the case of an employee of this company, this application will be the only necessary document.
You can take any sample as a basis, since there is no single form. The document reflects the following information:
- In the name of whom it is drawn up - usually the head of the company or the director of the branch.
- From whom – full name, address and contact details of the employee.
- Request for employment (indicating a specific position).
- Mark about probationary period(if there is one).
- Date of writing, signature and transcript of signature.
- If necessary, a signature is placed stating that the fire safety rules, rights, responsibilities of the employee, etc. were explained.
- Next, all responsible persons sign.
In some cases, you will need to provide additional documents.
If a citizen cannot provide a certificate stating that he is not engaged in an activity that excludes combination in this position, you can simply request a written statement from him. The document is drawn up in any form. After signing, the applicant himself takes responsibility for the accuracy of the data provided, and the employer will no longer be responsible for a possible error.
Step 2. Conclusion of an employment contract
After submitting all documents, an employment contract is concluded. Its form is no different from a regular contract. However, it is necessary to adhere general rules– the document always reflects the following information:
- Place of work, position.
- Work schedule and wages.
- Nature of activity.
- Duration of the contract (fixed or unlimited).
- Working conditions.
- Rights and obligations of the parties.
NOTE. The document must include information that the employee is getting a part-time job. It is not necessary to reflect a specific type of combination (internal or external).
Like a regular employment contract, in this case the document can be concluded before specific period or indefinitely. A fixed-term agreement is an agreement whose expiration date is known and does not exceed 5 years. It is usually signed in the following cases:
- Seasonal work.
- Temporary work (for example, during an increase in volumes).
- Urgent activities (for example, liquidation of the consequences of an accident, natural disaster).
- Replacing a temporarily absent employee (on a business trip, maternity leave, on long-term sick leave, etc.).
- Internship and/or training.
- Work abroad is temporary.
- Performance public works in an elected position.
It is also important to understand that if an employee is hired temporarily due to the long-term absence of another employee, it is necessary to indicate the appropriate grounds for dismissal, which is expected in the future. There is a special procedure according to which the employer not only records this information in the employment contract, but also notifies the part-time worker at least 2 weeks in advance (in writing).
Step 3. Drawing up an employment order
The last stage involves the preparation of several documents:
- Making an entry in the work book (by the main employer).
- Establishment.
There are no strict recommendations on how to correctly fill out an employment order, but you need to include information that part-time work is expected. Can be used unified form T-1 or develop own sample, which states:
- Full name, employee position;
- terms of payment;
- presence/absence of a probationary period;
- reference to the employment contract;
- signatures and transcripts of signatures of the parties, date of drawing up the order;
- a note indicating that the employee has familiarized himself with this document (date, signature).
Step 4. Register in your employment and personal card
As for making an entry in the work record, this remains at the discretion of the employee himself. Anyway Only the main employer has the right to make an entry. An employee can write a statement about this at any time during the term of the main employment contract. It is drawn up according to a random template, but the text must indicate attachments (documents confirming the fact of employment in a second job).
All that is required is the desire of the employee and the relevant documents:
- a certified copy of the order for admission to the 2nd (3rd and subsequent) job;
- a certificate from a second job confirming the fact of employment.
The entry looks like this.
It is possible that during additional work certain personnel changes employee positions:
- it is raised/lowered;
- transferred to another position.
Then the entry can again be made at the request of the employee and only by the main employer. The wording will look exactly the same as if the change in position had occurred at the current location.
NOTE. The second employer cannot require the original work book from the employee.
Finally, it remains to create a personal card, the form of which is no different from the usual case (except that it indicates the fact of part-time work). If necessary, the employee signs other documents (work rules, collective agreement, etc.).
If part-time work becomes the main one
This case is also possible, and it is worth considering separately, since several significant changes occur at the same time:
- Termination of relationship with the main employer.
- Changing the employment contract with the second employer.
In fact, dismissal from the company occurs in the usual way: an application is submitted, 14 days are worked, the contract is terminated, a work book and a salary are issued.
And in case of changing a part-time job to the main job, 2 options are possible:
- The employer fires the employee and hires him again.
- The employer simply transfers the employee to his main job.
First option
Both options are completely legal. For each case there are official comments from Rostrud. For example, if a case involving dismissal and new employment is used, you can refer to the letter, an extract from which is discussed below.
Most people are forced to look for themselves additional earnings, since in general it is rare that anyone can boast of an increase in the basic salary; instead, there is a reduction in payments. Therefore, many people agree to work part-time, but how to make this process legal so as not to get into trouble?
A common type of part-time job is dual work, that is, an employee works for another company in his free time from his main job. This type of part-time work is regulated by special laws.
When applying for a part-time job, you must present a passport, a diploma of specialized education, and if you have to work in an enterprise with difficult conditions, you will have to bring a certificate confirming the conditions at the main place of work. The work book remains at the main job, if you submit a certificate of combined work, then in this case the main employer will make the necessary entry in it.
This type of part-time work can be external, when part-time work is carried out from another organization, as well as internal, when an employee works part-time for his own employer. According to the law, a person has the right to enter into an employment contract for combined work with any number of employers. But there is one condition according to which a person under eighteen years of age cannot be a part-time worker; employees working in enterprises with hazardous working conditions, if part-time work will be carried out in the same type of enterprise.
Speaking about vacation, I would like to note that in the main job and the combined one it should be provided at the same time. In the case when the time for vacation has come, but the required six months have not yet passed at the combined job, then legal vacation is provided in advance.
The contract in this type of part-time work may not have a specific period, or it may have a clearly defined working time - all this depends only on the decision of the employer and employee.
Part-time employees should be subject to all the same benefits that are provided according to the laws of the Russian Federation. Such benefits do not apply to those who combine study and work. People whose activities take place in the Far North can receive benefits and compensation for only one place of work, and only the main one can.
The severance of employment relations for a part-time job occurs on the same grounds as at the main place of work. Termination of the employment relationship also occurs when a person for whom this will be the main place of work has been found to replace the part-time employee; in this case, the employer is obliged to notify the part-time employee about this 14 days before the termination of the contract.
