Employment at two jobs: legislative regulation and grounds for prohibition. How is part-time work different from regular work? Registration procedure: step-by-step instructions

Part-time job. How to apply correctly?

Many of us are so busy at work that the thought of earning extra money doesn’t even arise. But there are also those who, for various reasons, in addition to their main job, are also ready to earn extra money.

The most popular types of part-time work are: combining positions and part-time work.

You need to understand that these are two completely different ways of additional work.

Combining positions is carried out to replace an employee who has left for various reasons (if he, for example, is on sick leave or on vacation). Combining positions is used in difficult times for the company, for example, labor shortages.

What is combining positions? Combination is the performance by an employee of the same employer, in addition to his main job (stipulated by an employment contract), of additional work in another profession (position) or the performance of the duties of a temporarily absent employee without release from his main job.

Typically, combining positions is possible within the same category of workers (for example, workers, employees, specialists, etc.). However, you should know that the legislation does not contain such a rule. You cannot combine different positions if your qualifications are not suitable for this (for example, the position of a lawyer and a doctor).

Additional work may be assigned to an employee only with his written consent. Such consent can be obtained in two ways:

initiative of the employee (he himself writes an application with a request to be assigned a certain position in a combination manner).
management initiative (the head of the department draws up a memorandum with a request to assign responsibilities to the employee for a combined position).

Article 60.2 of the Labor Code of the Russian Federation

Article 60.2 of the Labor Code of the Russian Federation. Combination of professions (positions). Expanding service areas, increasing the volume of work. Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract

With the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 151 of this Code).

Additional work assigned to an employee in another profession (position) can be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas and increasing the volume of work. To perform the duties of a temporarily absent employee without release from work specified in the employment contract, the employee may be assigned additional work in either a different or the same profession (position).

The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

type of additional work.
job title.
deadline for completing the work.
labor functions.
amount of remuneration.
special conditions (optional, if provided).

The amount of remuneration for additional work is established by agreement of the parties. As a rule, money is accrued in accordance with the time worked (if you combined positions for less than a full month, then the salary will be accrued only for the period of actual combination).

Article 151 of the Labor Code of the Russian Federation

Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work determined by the employment contract

When combining professions (positions), expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid additionally.

The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code).

Now let’s figure out what part-time work is.

Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Features of the regulation of part-time work for certain categories of workers (teaching, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, can be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for Social Regulation - labor relations.

Part-time work includes:

performance of work under a separate employment contract (it must be indicated that the work is performed part-time).
carrying out work in free time from main work (after main work, on weekends or during vacation).
mandatory payment for part-time work by the employer.

Article 60.1 of the Labor Code of the Russian Federation

Article 60.1. Part-time work

An employee has the right to enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

The specifics of regulating the labor of persons working part-time are determined by Chapter 44 of this Code.

There are two types of part-time work: external and internal.

Internal part-time work is carried out by the employee at the employer’s main job. External part-time work is carried out in a completely different organization, that is, the employee works in his free time from his main job in another place.

Please know: to work part-time, you do not need any consent from the employer at your main place of work. You can earn extra money wherever you want.

But at the same time, be aware: the law provides for a number of restrictions on part-time work. Thus, the following are not allowed to work part-time:

Article 282 of the Labor Code of the Russian Federation

Article 282. General provisions on part-time work

Part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

Concluding employment contracts for part-time work is permitted with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job and with other employers.

The employment contract must indicate that the job is a part-time job.

Part-time work for persons under the age of eighteen is not allowed, in jobs with harmful and (or) dangerous working conditions, if the main job is related to the same conditions, as well as in other cases provided for by this Code and other federal laws.

persons under 18 years of age.
persons engaged in heavy work, work with harmful or dangerous working conditions.
workers whose work involves driving vehicles or controlling the movement of vehicles.
deputies of the State Duma of the Russian Federation (cannot be in the civil service and simultaneously engage in other paid activities, except scientific, teaching or research).

Article 329 of the Labor Code of the Russian Federation

Article 329. Working time and rest time for employees whose work is directly related to the movement of vehicles

Employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time work directly related to driving vehicles or controlling the movement of vehicles. The list of jobs, professions, positions directly related to driving vehicles or controlling the movement of vehicles is approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Features of the regime of working time and rest time, working conditions of certain categories of workers, whose work is directly related to the movement of vehicles, are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of transport, taking into account the opinion of the relevant all-Russian trade union and the All-Russian Association of Employers. These features cannot worsen the situation of workers in comparison with those established by this Code.

When applying for a part-time job, the employee does not have to present his work book, since it is located at the place of his main job. But if you want to reflect part-time work in your work book, this can be done. The main employer, at your request, will make a record of part-time work on the basis of a document confirming additional work (for example, a copy of the order for admission to part-time work).

The amount of time spent working part-time is determined in the employment contract. An employee cannot work additionally more than 4 hours a day and more than 20 hours a week. However, if you wish, you can work full time on weekends, during vacations, etc. at the main place of work.

Article 284 of the Labor Code of the Russian Federation

Article 284. Duration of working hours when working part-time

The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees. The restrictions on the duration of working hours when working part-time, established by part one of this article, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with parts two or four of Article 73 of this Code.

His lawyer. It's free.

Currently, most Russians are forced to look for additional types of income along with their main job. This is due to too low wages and high levels of unofficial inflation. If you decide to earn extra money, but don’t know how to make this work process legal in order to avoid trouble, then this article is for you.

The most popular types of part-time work are part-time work and part-time work.

When combined, an employee works for one employer, combining several positions or professions. When working part-time, an employee can enter into employment contracts to perform other regular paid work in his free time from his main job with the same employer (internal part-time job) or with another employer (external part-time job) (Article 60.1 of the Labor Code of the Russian Federation). There is an exception to this rule, according to which a person under eighteen years of age cannot be a part-time partner; an employee working in an enterprise with working conditions hazardous to health, if part-time work will take place in an enterprise with similar working conditions.

When applying for a part-time job, you must present the following documents: a passport of a citizen of the Russian Federation, a diploma of higher or specialized education and a certificate confirming the working conditions at the main place in case you have to work in an enterprise with difficult conditions. The work book of the part-time worker remains at the main job. A corresponding entry is made in it only if the employee presents a certificate of such work.

To combine, the written consent of the employee is required to perform the established duration of the working day or shift, along with his main work, determined by the employment contract, additional work in another or the same profession or position for additional pay (Article 60.2 of the Labor Code of the Russian Federation). Wages in this case are determined in accordance with the agreement reached between the employee and the employer. Part-time leave is granted simultaneously both at the place of primary and at the place of additional work. This rule also applies to cases where the employee has worked in a combined job for less than six months. Leave is provided to the employee in advance.

An employment contract for this type of part-time work can be concluded for a certain period or without it. When concluding a contract, everything depends on the will of the parties and the agreement reached between the employee and the employer. The norms of the Labor Code of the Russian Federation apply to a part-time employee, which means that the benefits provided for by law apply, with the exception of the case if the employee
connects study and work.

The end of the employment relationship at an additional place of work, in accordance with the norms of labor legislation, occurs on the same grounds as at the main place of work. Termination of an employment relationship with a part-time worker is also possible when a person has been found at his workplace for whom it will be the main place of work. In such a situation, the employer is obliged to notify the part-time employee of the termination of the contract 14 days in advance.

Most people are forced to look for additional income, since in general, rarely can anyone boast of an increase in their basic salary; instead, payments are reduced. 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.

Part-time work is quite common, so it is important to know how to properly prepare all the necessary 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 an employment relationship 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.

The internal one can be completed much easier, since the employer already has all the necessary documents, and the employee can only draw up his own 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).

Do not confuse internal part-time work with the performance of additional responsibilities or 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.
Those working in law enforcement agencies, the prosecutor's office, judges at various 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).
A note about the 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 to 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 for a specific period or for an indefinite period. 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, long-term sick leave, etc.).
Internship and/or training.
Work abroad is temporary.
Performing 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. Submitting 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. You can use the unified T-1 form or develop your 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.

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

it is promoted/demoted;
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.

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 the company where such hardworking employees work has 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;

A part-time job that an employee does after graduation, that is, in his 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 refer 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 in 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, a manager’s order is issued to involve the employee in additional 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 the Labor Code, both the employee and the employer can stop part-time work without waiting for the end of the term. 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 draw up another 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 requires 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 employment contract has been concluded with the employee.

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 for driving vehicles or directing 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 teaching, 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, in hazardous working conditions - no more than 15 hours a 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 taking into account in the tax cost the cost of remuneration of part-time workers only within an amount not exceeding the official salary provided for in 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 without pay for the missing days. 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.