External and internal combination: differences. Registration of combination of posts in one organization

When the employee of the company performs not only the scope of work, but also an additional one, but it is a partover. Of course, for a partual, a number of conditions are needed: regular and paid work, which is performed in the free time from the main activity; Labor agreement on part-time.

Commonwealth internal and external - what's the difference

If a person, for example, works as a janitor from three in the morning at the plant, and from three to seven in the evening - a guard in kindergarten, he is an external partler. If the employee from three to seven in the evening will fit the same plant, which in the morning it was noted, he is an internal partler. That is, the internal partition is a combination of posts in one enterprise, and external - on different.

Features of internal partition

Internal part-time activities are governed by the same articles of the Labor Code as external (60.1, 282-288, 329). If briefly, the law states that a person has the right to deal with any other activities (officially decorated) from the main work, so it can combine so many additional responsibilities as able to physically fulfill for the working week.

Perhaps even internal compatibility in one position. For example, if in the educational institution, the teacher reads one thing at the underlying work time, and in the free one, it is considered an internal partler and works for one position twice. It is important to remember that internally partition is most often happening at the initiative of the employee: he learns about the vacancy and writes a corresponding statement. Employers willingly go to the design of internal partnership, since it is easier to cooperate with someone already familiar than to attract a person from the part.

Who can't be a partler

The external and internal combination, according to the Labor Code of the Russian Federation, does not apply to certain categories of citizens, namely:

• juvenile;
• judges, lawyers;
• external intelligence workers, security services and federal Feldgerere;
• state, municipal employees, managers of organizations and government members.

Also, under the prohibition, combining work in harmful and difficult conditions, if the conditions are the same at the main place of operation. The same rule is also valid for those who manage any vehicles or movement of vehicles.

How the internal combination is issued

As already noted above, an employment contract must be signed for the compatibility of the partification. Prior to its preparation, it is necessary to write an application for an internal combination - as with a normal reception to work, except that the employee does not have to make copies of the passport and education documents, since all of these data is already stored in the enterprise personnel department. True, if a part-time position assumes any other qualifications, you will have to provide copies of the relevant documents.

Labor contract

After an employee writes a statement, an employment contract for internal combination is drawn up. From the usual agreement, it will differ only on the mark "on a part-time basis" and other working hours, since under the legislation of the working hours of the part-time per calendar month they cannot exceed half the standards of working hours for the calendar month.

In the workforce should be described all the nuances of the workflow:

• labor and rest mode;
• labor payment order;
• bilateral rights and obligations;
• the procedure for termination of the contract;
• contract time.

Since an inconspicuous employment contract (in which the clear deadlines for the termination of part-time activities are not written) can last until the employee decreases to terminate it, the employer is better to designate specific dates in the document. True, he has the right to this only under certain circumstances - if the contract provides:

Supplementary agreement

Often there is an opinion that instead of a separate employment contract, an additional agreement on internal part-time can be concluded. This is not true. An additional agreement can be concluded if we are talking about the combination of professions - that is, if an employee performs some additional scope of work at its working time without separating direct duties. For example, when our teacher, from the above example, takes on checking the notebook of a parallel class or group and checks them together with the works of its class or group. Thus, it performs not part-time functions, but on combination, which can be issued with an additional agreement.

Internal combination against combination is also distinguished by the fact that alignment always has a clear limit on timing and can be interrupted early by both the employee and the employer. Commonwealth may be indefinite, and with strictly specified dates, as a rule, it is not interrupted before the expiration of these terms.

Another option in which an additional agreement can be useful is when a combination of one enterprise goes into a category of the main activity. In this case, with the main position of the part-to-room, they are dismissed by order, and the employment contract is signed by an additional agreement on the transition to the main work.

Order for internal combination

After signing the employment contract, the head publishes an order for the enterprise on the admission of an employee to work. The document is written in the prescribed form and must contain a reference to the employment contract.

Is it put in an employment record about internal part-time

At the request of the employee in the Labor Book, a mark of part-time work can be made. Since we are talking about internal part-time, no additional documents (for example, a certificate from the place of work) is not necessary.

Internal combination is allocated among other forms of employment of the employee. This additional work is a mutually beneficial phenomenon for each of the parties to the employment contract. The employee receives an additional income inside the same enterprise, which is already working. The employer has the opportunity to replace some time of the missing employee or entrust the execution of responsibilities by a qualified, well-known specialist. Internally, partition, as well as external, implies the obligatory compilation of an employment contract, compliance with the length of the working time established by the legislation, the procedure for issuing compensation and the provision of vacations.

Work on internal part-time - what is it?

The concept of a compatibility is based on the implementation of any different from the main, regular work, which is constantly paid and confirmed by the employment contract. An important condition for this form of employment is to fulfill work in additional, that is, free from the main labor time. This can be carried out as different employers, and their number is not limited and in one place of work.

The internal part-time includes work on the following conditions:

• systematic payment;
• performance of labor duties in addition from the main work time;
• regular work;
• labor in one employer with vacancies.

Important! The erroneous opinion is common regarding the nature of the work performed on the terms of internal partnership. So, the delusion is that it is possible to work on this form of employment exclusively for another profession, posts or specialty. To date, in the Labor Code of the Russian Federation there are no specific instructions or restrictions on this issue (Article 98 has lost its strength, and Article 68 does not directly stipulate such conditions). Therefore, the type of activity, profession, the position cannot limit the ability to fulfill the employee of the duties on the terms of internal partnership.

Internal combination makes it possible to optimize personnel policies. For example, three regular units are provided in the staffing schedule (chief accountant - 1 rate, cashier and accountant for wages - each at 0.5 bets). The position of cashier has reduced. But her duties want to fulfill, combining with its main, accountant for wages. Naturally, at the main working time, at the same time make calculations for wages and withholdings from it, and the receipt of cash will not work. But the design of the internal combat will allow the accountant to fulfill the obligations of the cashier in the afternoon in the next 4 hours.

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Features of internal partition

Internal combination has a certain similarity and some differences from other employment options: external combination or alignment. Each of them can be preferable to an employee or employer in certain conditions. There is a misleading about overtime labor, which is also not internal part-time.

To comply with the requirements of labor legislation, it is necessary to know all the nuances that contain one or another way to fulfill the employee of professional duties.

The procedure for carrying out employment duties by partners, both internal and external, is regulated by Art. 44 TC RF.

Who can not be a partner?

Labor legislation protects the interests of the employee. Due to the fact that the partification requires additional costs of time, forces, and, accordingly, health, the possibility of employment on this Employment form is limited to certain categories.

It can not be both an external and internal part-time:

• face until they reach 18 years of age;
• a person employed part-time on harmful or hard work if its character is similar in the main place;
• the person, whose duties on the terms of the partification include the management of a vehicle, if it coincides with professional duties on the main work;
• judges and lawyers;
• prosecutor's Office;
• civil servants;
• deputies.

Limitations of the possibility of internal combination are established by Article 282 of the Labor Code of the Russian Federation, as well as individual federal laws ("On the Central Bank of the Russian Federation", "On the Prosecutor's Office of the Russian Federation", etc.).

Duration of working time part

The duration of the working day of the partner has limitations, this is determined by Art. 284 TK RF. A person who carries out its activities as an internal part-time, has no right to work daily for this exercise form for more than 4 hours. With the periodic unemployment of the employee, it is allowed to fulfill their professional duties based on partnership throughout the day or shift. The total number of hours spent by the inner partner in the reporting month cannot be more than half of the working time rate, which is established for the main employee of similar qualifications. Thus, the internal combination involves the conclusion of an employment contract for no more than Pol.

For example, the rate of working time for March 2016 of the workers for which the 5-day working week is provided is 175 hours. It means that internal part-time posts officer must work out for March for March. At the same time, it can work some days more than 4 hours, adjusting working time for a month labor duration on the remaining days of March.

Registration of internal partition

Employee itself to make anything internal part-time, except for the application, do not need to provide. All documents necessary for employment were provided to them in the personnel department earlier.

The design of the internal combination includes the following steps:

1. employee statement;
2. admission to accept part-time post;
3. conclusion of the employment contract.

Statement of employee to work on part-time

The application for acceptance is drawn up in an arbitrary form, as such is no template. But it should necessarily indicate the data on what position would like the worker to get a job, the duration of working time, the nature of labor (internal combination). The employee's statement must necessarily affect the resolution of the head of the consent to accept the staff to the position.

Admission to acceptance for inner part-time

It can be said that the entire design process is based on an order for applying for inner part-time. Subsequently, on the basis of it, it will be recorded in the employee's employment record, if he wishes. Most often, such an order is constituted in accordance with the typical (T-1A). However, this form of order is not mandatory, you can create a document in an arbitrary form. The main thing is that it contains all the obligatory requisites for the order - the name of the enterprise, the date and place of the preparation of the document, the staff of the employee who is hired by the position and conditions of employment. The document necessarily indicate that the employee is accepted by internal part-time. The employee introduces the order, what he should sign.

Labor agreement of the inner part

The employment contract must necessarily maintain an entry that the employee is adopted by internal part-time. In addition, labor and recreation conditions should be negotiated in the labor agreement, the length of working time, the procedure for the provision and duration of vacation, payment of the work, the rights and obligations of the employee. The document may indicate its validity (urgent employment contract) or not specified (indefinite). If the new employee's position involves working with material values, then it is necessary to conclude a contract of liability. Read also Article: → "

Not always the amount of work on a particular position requires an employee to attract full-time. In this case, it can be a reception to the work of the part-book or the commissioning of the employee of the settlement of posts. Despite the similar sound, between part-time and combination there is a significant difference.

Compatible - This is an execution by an employee of a labor function in its free time. Make part of part-time work with a separate employment contract, which indicates that the work is not the main one. Compactation can be internal when part-time work and basic work is performed from one employer, and external - if work is carried out from different employers.

Combination - This is a fulfillment by an employee of additional work for another position without separating from the main work. Combining posts cannot be external, because Additional work should be performed at the time when the employee is at the main job.

In this article, we will consider in detail the combination and combination and compare the table of their features.

Who is allowed partition?

Work part-time is associated with an increased burden on the employee. Although additional work time is already limited to Article 284 of the Labor Code of the Russian Federation (no more than four hours per day), but the legislation establishes another number of prohibitions and restrictions on part-time work. These limitations are caused not only by the protection of the employee from overload, but also a possible reduction in the quality of work in part-time, as well as the observance of the interests of employers.

1. Article 282 of the Labor Code of the Russian Federation establishes a ban on part-time work to employees to eighteen years and for work with harmful or dangerous working conditions, if the main work is performed on the same conditions.
2. A part-time employees cannot work, the labor function of which is related to the management of vehicles, if they have the same duties on the main work (Article 329 of the Labor Code of the Russian Federation).
3. A compatibility of state and municipal employees is prohibited (Art. 17 of the Law of July 27, 2004 No. 79-FZ).
4. Part-time work for managers of organizations can be permitted only with only with the consent of the owner of the organization or authorized body of a legal entity (article 276 of the Labor Code of the Russian Federation).
5. For employees of culture and pedagogical, medical, pharmaceutical workers, part-time work is permitted only if they have a reduced working time (resolution of the Ministry of Labor of the Russian Federation of 30.06.2003 No. 41).
6. Athletes and coaches have the right to work in part-time from another employer in the same quality only with the permission of the employer at the main place of work (Article 348.7 of the Labor Code of the Russian Federation).
7. Special regulatory acts establish restrictions on part-time work for judges, prosecutors, lawyers, military personnel, deputies of the State Duma of the Russian Federation and the members of the Government of the Russian Federation.

Violation of legislation when admission to work on part-time persons in respect of which prohibitions or restrictions on such work are established, can lead to penalties on the employer (from 1 to 5 thousand rubles for officials and IP and from 30 to 50 thousand rubles for organizations) .

In the general case, the employer cannot prohibit the employee to work part-time. Not limited to the number of other employers with which the employee can conclude such employment contracts, unless of course, the condition for restricting additional working time is complied.

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Employment contract in combination

When making part-time work, it must be concluded separately. The labor function at additional work may be the same as on the main work, or differ from it.

An employment contract for the part-book should include regular contractual terms and necessarily contain a reservation that the work is performed part-time. Contribute to the contract may for a certain period or indefinitely.

When concluding an employment contract with a partover, it is not filled, but at the request of the employee it can be done. To do this, it is necessary to submit to the place of main work (where the employment record is stored) a document confirming additional work. Such a document may be a certificate from work, a certified copy of the order or employment contract. With internal part-time, the employee's personal business (if it is conducted) will contain documents related to both work.

An employment contract is terminated on the same basis as in the general case, but an additional reason for terminating the contract will be the employment of an employee for whom this work will become the main one.

If the part-time is dismissed from the main work, then in the workplace, where he worked part-time, it can be accepted at a complete rate. To do this, to the employment contract with it, it is necessary to make a corresponding additional agreement, and in the labor book to make an entry that work with such a number is for the employee of the main one.

Features of part-time work

The part-time must have time to fulfill his duties on two or even several workplaces, so there will be some features in his work schedule. Accounting for working time is carried out in the table, with the employee with internal part-time, two tablet numbers can be assigned. The calculation of the part-book wage is made on the terms of the employment contract. Payment may be hourly, piece or on any other conditions.

When taking into account the working time, the part-book should be paid to the fact that the extra time does not exceed half the standards of working time of the accounting period. For example, if in October 2015, the norm of working time at a 40-hour weekly load is 176 hours, then the working hours of part-time can not be more than half of this norm, i.e. 88 hours a month.

The part-book can also be attracted to overtime work, over these norms, but necessarily under the norm of overtime hours (not more than four hours for two days in a row and no more than 120 hours in general accounting for the year). The payment of overtime hours is carried out as usual, according to the norms of Article 152 of the Labor Code of the Russian Federation (no less than one-time amount for the first two hours, and at least double size - for all subsequent hours).

Annual paid leave is provided in the same period as on the main work. To confirm the release date, the employee must make a certificate or a copy of the order of vacation from the main work. The total duration of vacation in combination does not increase, but the vacation calculation is made taking into account the earnings obtained.

If a part-time worker has not yet worked for six months, then his vacation must be granted an advance. Depending on the post and category of the employee, the duration of vacations on the main work and part-time work may vary. In this case, for combining vacation periods, employee may be provided for several days without detention.

Combined part-time worker can be sent to a business trip. When the internal combination, the employer takes into account only its interests, and there is no problems with the choice of time a business trip. If the workshops are different, send the part-time on a business trip only for a while it is free from the main work.

In the case when the time of the business trip at work is impossible to transfer to work, employers must conclude an agreement among themselves about how the employee will fulfill its employment responsibilities for this period (Decree of the Government of the Russian Federation of October 13, 2008 No. 749). Of course, in practice, such agreements are not only applicable, because the business trip is rarely so short that the worker can return the next day to the main place of work. But one can agree that at the main work, the employee will take several days without detention. The expenses for a business trip naturally bears the employer who sent an employee.

During the illness of the inner combination, it is paid to one allowance for temporary disability on the basis of one sheet, but taking into account the average earnings on all workplaces. If there are different employers, several sheets of disability are made to provide each place of work.

Combination

The Labor Code does not establish prohibitions or limitations on combining (in contrast to the partification), but the written consent of the employee is required to instructions to further work.

When combining an employee, some kind of new labor function may be assigned (then it is about combining positions), an extended service area has been expanded or the scope of work in the same position. It is important that when combining posts, additional work should be performed at the same time as the main one, therefore it is necessary to take into account the specifics of labor functions. So, often combine the posts of an accountant and cashier; lawyer and recruitment worker; leader and commercial director; Head and Driver.

For the completion of additional work within the framework of combination, the employee receives a remuneration, the amount of which is determined only by the Agreement of the Parties. Legislation does not establish the minimum or maximum size of this additional payment. For comparison - in part-time, the employee must receive the corresponding part of the salary, for example, a grain or a quarter bet.

When making alignment in an additional agreement to the employment contract, you must specify:

• name of a combined position or profession;
• volume and maintenance of additional work;
• the period on which combined is established;
• the size of additional remuneration.

The employee and the employer have the right to abandon the fulfillment of additional work, for which it is necessary to prevent the other side in writing no later than three days.

Any adult Russian may work part-time. Legislation does not prohibit activities in several positions and even in different fields. Such employees are considered full members of the team. They have the same duties as their colleagues, but with some features. More information about how to issue an internal combination at the firm, read further.

If an employee fulfills the tasks not only those that are put on the official salary, but also has additional duties, he is a partover. That is, it has secondary employment. To make work on internal combat, employment should be a permanent paid, decorated contract. If one person performs work in two positions at the same time, it is about internal part-time. If the employee works at once on two firms, then there is an externally combination.

Compactation can be within one position, but with double salary. In this case, the employee simply takes additional hours of operation.

Legislation

According to the Labor Code of the Russian Federation, any citizen has the right to take on additional labor duties in his free time. This type of relationship is called part-time. Under it it is understood that the employee officially assumes additional duties.

"Combining" and "Compact" are different concepts. In the first case, we are talking about the fact that a person takes extra hours of work, and in the second, that the employee for a surcharge should carry out all the responsibilities during working hours.

Who can't become a partover?

Before it is properly to make an internal partition of an employee, you need to make sure that it is not included in the exception group. The fact is that the partover may not be every citizen. Under exceptions fall:

• minors (faces under 18);
• representatives of professions with high level of responsibility (lawyers, judges, transport sector employees, special services);
• employees of state and municipal organizations;
• servicemen;
• facial workers in difficult conditions;
• members of the Government of the Russian Federation.

If a free vacancy appears in the company, the employer may offer a specific employee to become a partbook. The last word will remain for the employee.

How to issue an internal combination: Preparation

Since internal combination provides for the increase in salary, this type of activity should be issued on the basis of a written agreement. The TC presents clear regulations on the conclusion of the agreement. First, the interested employee must write an application for the name of the employer. Sample document can be taken in accounting. Secondly, before issuing an internal partition from one employer, the personnel department may request documents confirming the presence of a qualification officer. But re-demand a passport or labor requires no right. These documents an employee provided at the initial handling.

Treaty

If the application is approved by the Director, then a special employment contract will be concluded with the employee. It should indicate that the written agreement concerns exceptionally part-time work. You should also specify:

• work hours on a new position;
• list of duties;
• recreation mode;
• order of receipt of salary;
• terms of termination of the contract;
• document validity;
• period of granting vacation.

Such a document acts clearly limited time. Upon completion of the specified period, it will be necessary to re-undergo a design procedure. Urgent contracts are issued for the period:

• seasonal work;
• fulfillment of other people's duties;
• eliminating the effects of emergency situations;
• work outside the country.

Urgent contract can be concluded not only with the part-book, but also with employees who:

• perform seasonal work;
• heading to work abroad;
• works at a small enterprise of up to 35 people;
• he is pensioners.

The TC is not spelled out how to register it in the contract. The maximum term of the contract may not exceed 5 years. As a restriction in the document, a final date or a specific event is prescribed, for example, an employee's output or the completion of seasonal work. The wording is allowed "before going to the work of the Petrov manager from administrative leave", etc.

Supplementary agreement

Sometimes combination is issued by supplement. It cannot exist without the main contract. Combination provides for the performance of work over the norm during working hours. Doping may be required if the partification becomes the main work. But in this case it is more correct to arrange full dismissal first, and then acceptance for a new position.

From a legal point of view, the signing of the employment contract is not enshrined for an employee new status. To change the changes, it is necessary to place an order for an internal combination.

Order

To properly arrange internal combination, you need to publish an order in which to indicate:

• passport details;
• number and date of the order;
• employee data;
• job title;
• work department;
• contract time;
• operation mode, hour normalization;
• link to the main employment contract.

The document must be signed by the Director and the employee. Each part of the transaction must have its own instance. Three working days stand out on the design procedure.

Compact in one position

There are situations where the position remains a vacant long period of time, and the company has employees who perform this work with sufficient experience. Qualifications and skills set. In this case, you should ask how to issue an internal combination with one employer for one position.

If the second position is identical, the question of partnership will cause a lot of difficulties in view of the amendments to the Labor Code. According to the law, part-time is understood to fulfill the employee of a process, which is different from his position. That is, both works must be opposite to each other. Therefore, employers draw up this operation at their own risk. If an enterprise falls under the work inspection, such cases will be checked in detail. If the inspection establish that the employer deliberately deprives the employee of the right to an additional wage, then the organization will impose penalties.

To secure such situations, the head must rely on objective grounds in terms of compatibility. Working conditions must be profitable for an employee. Equally importantly, it is not possible to correctly arrange the documentation so that additional hours of work did not intersect with the main employment. Labor should be paid in the amount of the minimum of 1/2 salary of an additional position, including all surcharges and surcharges. For an employee, all social benefits should be maintained and debited, and on both positions.

Limits

The number of places of work of the partners is not legally limited. The duration of the part-time day cannot exceed four hours a day. If an employee is released from the main work on some day, he is engaged in additional activities. But in a month, the duration of work should not exceed 1/2 norm of time established for this category of employees.

The limits can not be observed if an employee:

• suspended activities in connection with the delay in salary payment;
• removed for health a maximum of four months;
• he is the director, deputy, chief accountant and occupies another management position.

There are also separate limits for positions. In particular, part-time cannot work:

• director of the Unitary Enterprise;
• head of the Security Bureau;
• head of the State and Municipal Educational Institution.

All other superior leaders can work part-time only to resolve the authorized body or organization owner.

If the organization still accepted the employee who falls under exceptions, it is necessary to fire him.

Termination of the contract

Having understood how to issue an employee for internal part-time, we turn to the issue of termination of the contract. Dismissal of the part-book is made in the usual order. To stop labor relations, it is necessary that one of the parties demanded termination of the contract. If the agreement was consisted of the period of seasonal or temporary work, then with their completion, the term of the contract also ends.

If the organization does not plan to continue cooperation, then it is obliged to notify the employee at least 3 calendar days before dismissal. The notification is issued in writing and a personally personally is awarded. If an employee refuses to sign an act of dismissal, then you need to make an act of refusal and give it to signature with two witnesses. This will serve as evidence of receiving notice. Next, the order is printed, in which the details of the notification of the termination of the contract are indicated as a base. Already on the basis of this document, records are entered into the employment record and personal employee card.

How to issue an internal compartment in 1C 8.3

From 01.04.2015, Klimova I. N. was accepted to the position of an accountant to work for 0.5 bets. The size of the total salary is 20 thousand rubles / month. Work schedule - 5 weekdays for 4 hours. Consider how in 1c arrange internal combination.

The first thing follows in the "Individuals" directory to put a new employee. To do this, click on the "Add" button and step by step to make the data: F. I. O., date of birth, gender and check the "Pownthern Employee" checkbox. The "Organization" field is filled automatically, and "Tabel Number" after the record of the card is set in order. It also indicates the Inn, passport details, the number of pension certificate and other data, for example, a disability group, etc.

On the second tab "Place of Work" Fill all data on working conditions. Automatically creates a "order for work acceptance". How to make an internal combination? In the section "Employment" field, you should specify "internal combination". It also indicates the work unit, the schedule (0.5 bets), the period of the trial period. Proper filling of these fields affects the correct calculation of the salary in the future.

Details of the employment contract are assigned automatically. In the case of registration under an urgent contract, fill out the end date.

At the next stage, information about calculations is indicated: their appearance, size, list of allowances. If the part-book is salary, then you need to choose the calculation "salary by the hour" and set a full bet. When calculating the salary, it will be recalculated on the basis of the number of working hours.

How to make an internal combination? After filling out all the data you need to click on the "Finish" button. Information about the employee will fall into the base of individuals. Automatically formed an order for employment. It remains to print it and sign.

Calculation of salary

Distinguishing with how in 1C to reflect the internal combination, we will define how the employee's salary is accrued? Suppose, for April 2015, an employee worked 87 hours out of 175 launched. The accrued salary will be: 20000/175 * 87 \u003d 9942.86 p.

All accruals will be conducted by a document "Calculation of the salary of employees."

Internal Compact: How to place a vacation?

The right to leave the employee appears after six months of continuous work in the organization. Previously, these time may receive parcels under the condition. That this period coincides with the holidays at the main place of work. This is the right of the partner, not the duty. That is, he can go on vacation at the main place of work and continue to work on a part-time job. And vice versa. If the number of days of relaxation at the main place of work exceeds the part-time vacation, then the difference must be covered by the holiday "at your own expense".

According to the standard scheme, the vacation tax is calculated if internal combination occurs. How to place a vacation?

At the first stage, the time of actual work is calculated. Festive and non-working days are deducted from this period. Further, the total amount of taxes received on the hands of taxes and other deductions is determined. The total earnings are divided into actually spent time for the previous calendar year. The average daily salary is multiplied by the number of days of vacation.

Example

From November 4, 2015, an employee of the company, which was employed back in 2012, took shape at another enterprise a partover. From the second June he is provided annual holidays in 24 days. At the reporting date, the amount of its actual earnings amounted to 78 thousand rubles. at the main place and 12 thousand rubles. As a partner. Calculate holidays.

The estimated period is the amount of earnings since June 2015 - May 2016. For the reporting year, 10 holidays fell.

Vacations at the main place of work \u003d (78000 / (365-10)) * 24 \u003d 219.72 * 24 \u003d 5273.28 p.

When calculating the discharge, the total months of work will be taken into account. Since the employee was employed in November, during the reporting period December 2015 - May 2016. For this period there are 8 festive and non-working days.

Selling parties \u003d 12000 / (182 - 8)) * 24 \u003d 68.57 * 24 \u003d 1645.68 p.

Advantages of partitude

The presence of an additional time and features of the compilation of a compatibility agreement make it possible to switch "to switch" between labor tasks, paying attention to the priority issue. This approach effectively affects the personal development of the employee.

If you make an employee for internal part-time, then it will be possible to conclude with an employer of any employment agreements, even if they change the type of employment.

If one of the posts occupied will be eliminated, the employee must be able to renew the contract with the employer, consolidating the remaining position as the main one. That is, combination allows an employee to get some financial and professional stability.

But the benefits of partnership receives not only an employee, but his employer. In particular, it pays less taxes and saves the wage fund.

Delivery

Each worker has the right to dispose of its labor abilities, and free time as it considers it necessary, that is, at the end of the day at the main work, it may have an additional burden, thus being an internal part-book.

But the order of registration of secondary employment differs from the similar major future employee, and also has its own characteristics, and therefore many employers have difficulty in making an appropriate package of documents that it is quite possible to resolve the norms of the law.

Normative base

The legal regulation of the work of partners employed on a third party or its own enterprise is regulated by the norms of the Labor Code of the Russian Federation, in particular, chapter 44, where it is said that part-time is an additional work, which is performed outside the established labor regime, in free time and on a regular basis.

For some categories of workers, namely, for teachers and doctors, as well as pharmacists, given the peculiarities of their industry, in the Decree of the Ministry of Labor of the Russian Federation No. 41, a separate procedure for combining several positions is provided simultaneously both at similar specifics of labor and in various ones.

Given the fact that the part-time, in essence, is a regular employee who occupies the position specified in the staffing schedule, the action of all local acts of the enterprise is distributed in full.

As well as additional employees have the right to provide almost all benefits and compensation, which are provided for in labor legislation and other legislative norms.

Features and distinctive features

Despite the fact that the partners are the same employees of the enterprise, like others, their employment is still different from the same on a permanent basis according to the following parameters:

• Performance of employment responsibilities in free time, which assumes the presence of an individual work shift mode.
• Reduced standards of the working day, which implies employment no more than 4 hours on a daily day or full employment in its free day, but on average no more than 50% of the monthly rate of labor hours.
• The amount of wages calculated in proportion to the spent hours, but taking into account all the allowances established at the enterprise and surcharges, as well as stimulating payments.
• Providing the main paid vacation only simultaneously with the same period of recreation at the main place of employment.
• Termination of the employment contract on the initiative of the management of the enterprise, if another employee is adopted for the position of a partner, provided that labor employment will be the main, and not secondary.

By one post

In Article 282 of the Labor Code of the Russian Federation, it is said that the employee can be involved in several employers, and accordingly, and be busy in several positions at the same time, and not only in one enterprise.

However, given the specifics of the company and the availability of identical posts, the question arises, is it possible to be an internal partner in similar posts in one company? Yes, since Article 60.1 of the Labor Code of the Russian Federation does not contain direct ban on the occupation of identical posts.

According to the production need, the employee can combine two regular vacancies even in one structural unit and occupy the posts similar and labor functions, and in other characteristics.

In different positions

Given the regulatory acts and the right of worker to be involved as an additional employee, both in one structural division and several, the employee can work in different positions, if its qualifications, labor skills and health status meet the specified requirements.

The difference from the external and combining professions

Each employee has the right to additional employment, which is not limited only to internal part-time, because it is possible to be an external part-in, as well as combine several posts at the same time.

And if the partification in one and at various enterprises differ from each other only the location of the places of labor, which can be both in one enterprise and on different, then the difference between combining and part-time is more cardinal.

Benefits for the employee and for the employer

Of course, secondary employment is profitable both for an employee and for the management of the enterprise, because it is not only additional earnings for the worker, but also the ability to use labor resources with minimal wage losses for the company.

How to make a compatibility with one employer?

For each main employee at the enterprise, a personal case is being formed, which contains not only the photocopies of the documents provided earlier, but also the administrative documents confirming personnel movements throughout the work of the employee in the company.

If an employee is accepted as an internal partler, he already has a formed personality with all the necessary documents, and, nevertheless, given that the partification is an additional employment for another position, a new package of documents is formed on an additional employee.

Based on Article 283 of the Labor Code of the Russian Federation, the internal part-time must provide:

• passport (copy);
• a document confirming the presence of a certain qualification, discharge, either other skills, to perform a certain type of work;
• application for admission to part-time.

Sample application for internal combination

How to arrange a part-time officer correctly? Read here.

Personnel nuances

In accordance with submitted documents and a statement of admission, an order is published part-time order for receiving an employee as secondary employment.

A new agreement on mutual cooperation is also concluded, taking into account all the conditions for additional work, starting from individual work schedule, over the amount of payment and the procedure for providing compensation payments.

A new personal case is also formed on the partner, the table number is assigned and the T-2 card is filled in accordance with the norms of current legislation.

And regardless of whether the part-time is taken on the identical position or not, the order of admission, as well as the formation of a personal case, remains unchanged and applies to all without exception.

By one post

If one position is accepted for one position, which, accordingly, will perform work on half of the bet, each of them is formed by a new personal case and the corresponding package of documents.

In such conditions, they will have individual working conditions, and their own payment procedure for spent effort, and a separate workplace.

In different positions

Considering that each position has its own features of the mode of work and work responsibilities, the design of the relevant package of documents during internal combination for various positions is also mandatory and implemented on the general basis.

If the main work became part-time

At the legislative level, the ban on the transition from the main work is not established for the position of a partner in one enterprise.

Moreover, in a letter of Rostrudud RF No. 838-6-1, an explanation of the procedure for issuing such changes in the employee's work activity is provided.

In accordance with the specified recommendations, in case the main worker found another place of labor with more acceptable employment conditions, but wishes to preserve labor relations with the former management of the company as an additional employee, it is befended in the manner prescribed by law, with a workbook on the employment record termination of cooperation.

The employee then issues an agreement on cooperation already at another enterprise, which will be the main, and only then takes on the previous enterprise, but as an employee of secondary employment.

Translation of the partner to another similar position

If the enterprise's management suggests a part-to-job employee, a translation into another position, which, although it has similar working conditions, but implies some changes, let us allow for the payment or location of the workplace, then first need to obtain an employee's consent, since any changes in the contections of cooperation agreement Can be implemented only with the consent of the parties.

However, if the working conditions of the employee do not change and the need arose in his translation to another position, which, by virtue of circumstances, was vacant, the Directorate of the Company could move the part-to-room and without its consent, but with the condition that the new post will also be secondary employment, and execution New duties are not contraindicated by workers under health.

In what cases is possible dismissal on the initiative of the employer? Read here.

How many rates can be part-time? Learn here.

Standards of work

According to the rules given in Article 284 of the Labor Code of the Russian Federation, work on internal part-time can not exceed half of the established standards of working hours for the month.

That is, on business day, a secondary employment worker can perform his duties of no more than 4 hours, but at the weekend, in order of exception, can work out and complete shift.

Often, such an approach is applied at the seamless work, where to choose a qualified worker is quite difficult.

Number of days

Given that in each month the number of working days changes depending on the presence of weekends and holiday days, then the norm of working time changes accordingly.

That is why to calculate the normal duration of working time accounting in many enterprises where the continuous work process is present, summarized working hours is applied, the procedure for calculating the company's internal acts is established.

How many rates can be taken?

Given the restrictions in employment hours for secondary employment workers established by the norms of Article 284 of the Labor Code of the Russian Federation, the part-time cannot work full work, only half, that is, 0.5 bets.

In the order of exceptions that are specified in the mentioned norm, the part-time employee can be occupied by a full month, but in the following cases:

• suspension of work in connection with the arrears of the salary of over the established minimum (Article 142 of the Labor Code of the Russian Federation);
• the removal of the worker on the responsibilities of health is due to 4 months, provided that part-time work is not contraindicated (Part 2 of Article 73 of the Labor Code of the Russian Federation).

For certain categories of some industries, in particular, for pharmacists and teachers, according to the norms of the Ministry of RF Minthouse No. 41 provide for other conditions of partnership, which admire a complete rate compatible.

Vacation

In accordance with the norms of the law, namely, Article 287 of the Labor Code of the Russian Federation, the partners have the full law on guarantees established by the Labor Code of the Russian Federation, along with permanent employees fully, that is, they have an annual vacation in the same amount.

The part-time workers have the right to leave for a duration of 28 days, and not 14 days, taking into account their employment, only half the bet.

But an additional period of rest, let's say, in the presence of harmful conditions at the site of work, the part-book is provided only for the time actually spent in such conditions, which is why this type of vacation may not exceed 3-4 days per calendar year.

Salary

Given the employment of the workers of secondary employment only on half of the bet, wages for this category of employees are made only in proportion to the spent clock, in accordance with the norms of Article 285 of the Labor Code of the Russian Federation.

The size of the fee for the work of additional employees directly depends on the spent hours, to which the allowances established to the posts are plunging, and stimulating payments in the percentage of the salary, which is put in accordance with the staffing schedule.

Payment

For example, in the salary of 15,000 thousand, and the premium is 10%, as well as a premium in the amount of 50%, the part-time must obtain in a total totality wage in the amount of 10440 thousand rubles.

The salary calculation occurs as follows:

The salary is divided into a monthly rate of the clock, for example, 160, then multiplied by the number of hours spent, allow 80 to which 10% of the surcharge and 50% of the award are added and 13% of the tax is taken away.

Taxes

A secondary employment worker, like every worker who receives profit in the form of a work fee, oblige to deduct taxes, which are calculated in proportion to the income received and are sent to the state in the amount established by law, but the tax deduction is entitled to use only one place of work on Own choice.

Can a teacher work part-time? Read here.

Payment decret

Both the main worker, and the part-time, have the full right to make a maternity leave, which consists of leave to resolve from the burden, and leave for child care, which involves compensatory payments both for a period of disability before childbirth and for the period after delivery.

Payment of the hospital before childbirth in accordance with FZ No. 255 is possible not only at a permanent place of labor, but also in the secondary place of work, too, in case the woman has worked as an additional 2 years and transferred contributions to the FSS.

In such a situation, sick leave is drawn up in several copies, which are provided in all institutions where a woman is involved as an employee.

Also on a part-time woman is subject to the norms of Article 256 of the Labor Code of the Russian Federation, where it is said that her position remains for the worker who has left for the decree, even if the personnel is optimized and reducing posts.

The only exception to the established norms is the complete liquidation of the enterprise.

But the payment of a one-time benefit for the birth of baby, as well as a monthly care allowance for a crumb woman can only get at one place of employment.

Accordingly, it has the right to choose where the amount of payment will be higher.

Given that the monthly allowance is calculated in the amount of 40% of the previously obtained fees, many women choose, of course, the main enterprise.

Payment of student leave

Based on Article 287 of the Labor Code of the Russian Federation, payments for a student vacation is made only at a permanent place of labor.

A secondary employment worker presents a certificate-challenge and draws up a student vacation only at a permanent place of labor, and in a secondary company, administrative leave is compiled.

Hospital lists

But periods of illness and ailments in some cases can be compensated for both the secondary enterprise, and mainly, even if the employee is busy as a part-time in more than one organization.

So, in paragraph 2 of Article 13 of the Federal Law No. 235, it is said that the period of the disease can be paid to the part-book at several enterprises simultaneously in case of an additional employee, it is busy at least 2 years.

Dismissal

The procedure for the cessation of mutual cooperation with secondary employment workers is provided for by the norms of Article 288 of the Labor Code of the Russian Federation, where it is said that the contract with an additional employee can be terminated if it is accepted by a worker for which this vacancy will be a permanent job.

But the dismissal according to the specified condition is provided for as an additional foundation, in the remaining cases, when terminating a contract with a part-time employee, general conditions are used for the dismissal specified in Article 77 of the Labor Code of the Russian Federation.

Is it allowed to part-time the municipal employee? Read here.

Read more about the payment of labor with internal part-time can be found here.

Writing in labor

The internal partition, the design of which is described above, has few distinctive features from external partition, which, however, do not apply to making a note in the book on labor.

As a rule, the external part-book itself decides whether to make an entry on additional employment to the agreed document or not, and with internal part-time the recording is still made, since the working period book is stored at the enterprise and, accordingly, the personnel employee is obliged to enter it all About employees.

Compensation

Considering that the part-time is the same employee as everyone else and it applies to the legislative norms in full, compensation for dismissal is put in the same amount and on the same grounds as for the main workers.

The part-book at dismissal is compensation for all days of unused vacation and the output allowance, if such a condition is enshrined in local acts, as well as other compensation payments specified in the TC when dismissing on the initiative of the Company's management in special cases.

The procedure for issuing labor relations with the internal part-book, of course, has its own distinctive features in comparison with the main employees, but, nevertheless, they are not so great.

Therefore, with a clear compliance with the norms of legislation and the employee, and the employer will be able to work for the benefit of the company.

Internal combination: how to issue

Each employee may be able to fulfill another regular operation in the same organization in the same organization, where it works currently, or in any other enterprise. Such work is called part-time (Art. 282 of the Labor Code of the Russian Federation).

General

Labor legislation of the Russian Federation identified what the internal combination means. Part-time - these are those employees who in their free from the main work time perform another regular operation of the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from the combination of professions (posts) and an increase in the work on the main place of work. Unlike internal combination with the combination of professions (posts), an employee fulfills an additional operation (for another position (profession)) during the working day along with the main work. When combining professions (posts), both the employee and the employer have the right to refuse to perform additional work. Responding to a question how to issue an internal combination with one employer, it must be borne in mind that the inner part-time work has already been working at this employer at the main work.

Restrictions on the performance of work on internal part-time

When making a decision on the design of an employee as an internal part-order, it should be borne in mind that not every employee can be accepted for work in this capacity. The law does not allow employment to work on the internal part-time of the following categories of workers:

• persons under the age of 18 (Art. 282 of the Labor Code of the Russian Federation);
• persons employed with harmful and (or) hazardous working conditions if the main work is related to the same conditions (Art. 282 of the Labor Code of the Russian Federation);
• employees engaged in vehicles or management of vehicle movement, if, when working on internal part-time, this employee will perform similar works (Art. 329 of the Labor Code of the Russian Federation);
• there are other categories of workers in relation to which a prohibition of combination has been introduced by individual federal laws (employees of the internal affairs bodies, state and municipal employees, prosecutor's employees, judges, etc.).

Work on Internal Compact: Documents provided by the employee

Since the inner part-time is already working at this employer, then the need for an employee of any additional documents is not required in most cases. The provision by an employee of additional documents will be required only when special knowledge is required to fulfill additional work on another position. In this case, the design of internal combination for various positions should be carried out in providing an employee of the education document (qualifications).

Features of the design of the indoor part

The feature of the design of internal combat is that the employee is already working in the organization and the employer has already been concluded between it and the employer. And yet, when decorated with an employee of such labor relations, as an internal combination, the Labor Code of the Russian Federation requires the mandatory compilation of a separate employment contract with this employee (Art. 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily maintain an indication that the work performed by the employee is part-time. It should be noted that an urgent employment contract may be concluded with the inner part-book (Part 2 of Art. 59 of the Labor Code of the Russian Federation). As well as when receiving the main work, the employer, carrying out acceptance of internal part-time, makes an order for the reception of an employee to work. The order (as well as the employment contract) should contain an indication that the employee is accepted on part-time work (Article 68 of the Labor Code of the Russian Federation). Considering the restrictions on legislation in terms of work on part-time work - no more than four hours a day (part 1 of Art. 284 of the Labor Code of the Russian Federation), it is important to draw attention to the need to conduct a separate accounting of working time (from the main work) for the inner partner (Article 91 TK RF). Recording to the labor book on the performance of work on the conditions of internal partnership is carried out only if the inner part-time will require this from the employer (part 5 of Art. 66 of the Labor Code of the Russian Federation). Otherwise, the registration of an employee's work on the conditions of internal partnership is carried out by the employer in a manner similar to the procedure for admission to the work of the employee at the main place of work.

Internal compatible

Commonwealth refers to a permanent work belonging to the type of retail employment, understood as the level of population participation capable of working in production activities.

It is associated with additional work, which satisfying personal and social needs, is capable of income, expressed in the form of salary. Commonwealth can be engaged in the work free time in any organization, including in the one where the employee will work.

Universal worker in business

What does the law say?

Many citizens of Russia in order to earn auxiliary cash to improve living conditions, begin to engage in labor activity, which is ranked with the second employment. Such works include combination, combination, work with the conclusion of the contract.

Anyone can get on the second work according to Art. 60.1, if the situation does not contradict the provisions of the Labor Code or other federal laws and have constant auxiliary earnings.

In addition to Art. 60.2 contains instructions on additional compliance work, which is allowed to implement simultaneously with the main work during working hours.

In what cases is it possible?

It is often a situation where the manager performs the functional responsibilities of an accountant part-time, since the organization does not have the opportunity to take an employee at the full rate. It can according to Art. 276 TC to work as a partizer, but subject to certain conditions and with the permission of the body, which is officially responsible for the activities of the enterprise or the person, for which the right to property is enshrined.

Employees of the budget sphere, which are educators, employees of cultural institutions, medicine, pharmacology can be consistent by setting up additional part-time work.

In some situations, in connection with the production need for an employee, work is assigned to work, which is paid additionally, taking his written consent. This type of activity can both coincide and do not coincide with the circle of executable activities of the main position or specialty. This phenomenon is called the alignment of the work performed.

External and internal partners are entitled to pay for hospital. Read more here.

Restrictions

According to the current laws and in accordance with the instructions of the Labor Code of the Russian Federation, it works on part-time works, may:

1. Citizens who are full of 18 years at the time of submitting an application for employment.
2. Persons who are not listed at work of increased difficulty, that is, the main work is not associated with harmful or life-friendly manufacturing conditions.
3. Those who do not work on the means of movement, which include drivers of public and trucks, trainers of trains of all classes, as well as employees who regulate traffic and enterprise traffic.

It is not allowed to work for work on part-time persons working in the Government Office, serving the Central Bank of Russia, a civil servant of a different level, employees of the prosecutor's office, the judges who are in the judicial board.

The above persons have the right to engage in scientific, pedagogical, research work.

Differences of combination

The main distinguishing property between the two types of work is the time allotted to fulfill duties. The part-time is working at an unoccupied time, and the person combining the main and additional person performs it during working hours.

In addition, there are differences on:

• location of the alleged work;
• conclusion of the employment contract;
• records in the employment record;
• providing holidays;
• wage;
• upon termination of work.

With an employee who combines work, the employment contract is not liable, the vacation is not provided. Also, the recording in the workbook on combination is not made, pays for the fee established by the Agreement. It can only work in that organization, where it is listed on the main job.

How to make an internal combination?

With the employment of an employee for internal part-time, the personnel department of the enterprise is drawn up a set of documents in accordance with the procedured for office work, which is established by the work code.

Order

The unified form of a single sample No. T-1 is used to elaborate the order for admission to work, which is introduced into the workshop on the personnel of the State Statistics Committee. The basis is the employment contract, which is the leader of the enterprise and the employee.

The order contains the conditions for admission to work, leading in the contract.

When conducting a procedure, a mark is made that the employee is adopted by a part-time in the column "Conditions for Hiring".

Labor contract

The situation on the employment contract is regulated by Art. 282, part 4 TC. Depending on the work conditions with an employee, a separate employment contract with a record of part-time entries in it.

It must contain the legal status of the employee, which is determined by labor legislation:

• rules governing the routine of labor and recreation, working conditions that meet safety and hygiene requirements;
• calculation methods for labor that will meet costs and results established by labor standards;
• the rights and obligations of the person who has entered into labor relations after the conclusion of the contract, entrusted to it, compliance with labor discipline;
• the limit duration of working time, information about the annual vacation, the term of the contract.

In the absence of a certain period of time, during which the contract is valid, it goes into the category of an inexpressible and breaks down by the decision of the employee.

Regular schedule

Without taking into account the legal status of the employee, it is necessary to show a complete unit in a full-time schedule with a complete salary, without crushing, so that in the future do not amend.

Making a part-time employee must specify the salary that will be accrued.

If you have the need to specify the number of partners enrolled in a specific regular unit, the information is recorded in the Count "Note". The state unit, conditionally referred to the rate, allows you to take up to four employees who wished to work in parties.

Employee documents and personal matter

By issuing employee documents adopted by part-time, you need to make a personal case on it, which contains information about its production activities. Personal business is issued after the publication of an order, which confirms about the employment.

• a written request to take part-time work;
• filled personnel form signed by personnel;
• a copy of the passport, employment record, diploma or another testimony confirming the qualifications and vocational training obtained;
• a copy of the order of part-time;
• copy of the labor contract;
• other types of business papers provided for by federal laws or regulatory acts.

A personal case is stitched, numbering is affixed on the village, an inventory of the contained documents is attached.

Writing in labor

Labor book is a major document, which indicates a person's work activities, the work experience is calculated on it. It reflects all production activities regarding work performed, dismissal, rupture agreement.

If at one enterprise, the employee worked within 5 days, then officially work is recognized as a real and personnel service issues a labor book.

If he wishes to reflect the fact that he is a part-time, then it is certified by the record in the employment record in the provision of certificates in the organization at the main place of work.

Features of part-time work

Chapter 44 of the Labor Code of the Russian Federation regulates issues related to part-time employment, according to which the partners are endowed with all types of guarantees and compensation to the full. For managers, teachers, employees of medical and pharmaceutical organizations, athletes and coaches introduced special working conditions.

Vacation

Partwesters are eligible for vacation, which is provided once a year. During the days held on vacation, payment is paid, in addition, place of work, position and average earnings are preserved.

If he did not work at the enterprise half a year, then the vacation is given in advance or compensation is paid.

The duration of the vacation is installed on the calendar and averages 28 days. Communication periods must coincide with the main one. If the duration is main more, then the difference in terms at the request of the employee can be framed without payment. Vacation benefits are calculated for both vacations.

Warning: Polish and Full Bid

If the employment contract notes that payment will be carried out in accordance with the provisions of the staffing schedule, then the salary is calculated on it. But according to the law, it is necessary to indicate a specific amount of the tariff rate or salary in rubles and kopecks, therefore in the contract it is necessary to write the amount of the established salary.

When assigning payment for work, it is necessary to take into account that according to the current legislation, the part-time is scheduled, which should not exceed half of the norm, equal to 4 o'clock.

The calculation of the fee is carried out:

• commensurately worked out;
• according to the final results of labor;
• by agreement provided for by the employment contract.

The first situation involves the dependence of payment from the bet on which the worker is accepted. The second and third case allow you to make a payment exceeding the full salary of the standard schedule.

Example. Suppose that according to a staffing schedule salary is 18 thousand rubles 50 kopecks, then the employee in accordance with it is charged equal 9 thousand rubles 25 kopecks. If in the labor contract it is emphasized that the payment will be carried out by work out, then the employee is allowed to accrual the work fee, which will be equal 18 thousand rubles 50 kopecks. Therefore, if the part-time is accepted on Poltavka, then the full salary is possible to pay only in the last two cases.

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Dismissal

According to the Code, dismissed the part-to-room:

• at their own request, by mutual agreement of the parties;
• at the initiative of the employer, if an employee was adopted for the main work;
• there was a change in a staff schedule or a position was reduced as unnecessary.

In the first case, the employee is written, on the basis of which the order is published on his dismissal.

When reducing the state in two months it is necessary to notify the part-book and offer it other options.

If the employee refuses, the order is published on the unified form T8-A on the dismissal to reduce states. Subsequently, the employer pays compensation equal to the size of the average monthly salary.

What is the benefit for the employer and employee?

Works performed by part-time and combination are quite frequent, this phenomenon with various reasons that accompany the economic activities of enterprises.

Internal combination and alignment makes it possible to obtain specific benefits. What are they mutually beneficial for both an employee who wants to receive additional earnings wishing to acquire new professional skills to either change the place of work and for the employer, which is at the disposal of the work performed. But together with the benefits, there are often disadvantages.

• acquisition of a specialist with high qualifications for low payment - the employer can save on wages;
• he does not start the workbook part-time;
• the search for service staff is minimized;
• minimum costs to obtain results of economic activity, because it is almost impossible to find the necessary worker for highly specialized works;
• he personally establishes the size of surcharge for work on combining, knowing the business qualities of the employee.

Benefits purchased by the employee:

• Additional means and the ability to apply your knowledge;
• payment of hospital leaves by temporary disability; enhancing in the labor book of part-time work; the work of deductions in the PF;
• saving guarantees in case of dismissal payment;
• paid annual leave.

Internal combination is a very common practice at large enterprises. Competently using this feature, you can get a noticeable economic effect as a part-book and an employer. However, and use this tool should be carefully issuing labor relations documented.

What it is - internal combination and combination, their main differences

Labor legislation allows additional download of enterprise employees. Duties can be fulfilled simultaneously with the main work or in free time.

The fact that it represents a combination and combination in one organization, for what time they are possible, the difference between these concepts, and it will be discussed in this article.

Dear readers! The article tells about the typical ways to solve legal issues, but each case is individual. If you want to know how solve your problem - Contact a consultant:

What is compatible

Compactation - full fulfillment of duties with the conclusion of an employment contract. Work is carried out independently of the main responsibilities and in their free time. Its legality is established by Article 60.1 of the Labor Code of the Russian Federation and is regulated by Ch. 44 TC RF. The procedure for additional work of teachers and doctors is determined by the government's resolutions published for each categories of such persons.

The design of the partification assumes the presence of vacancies. After the employment, the employee is assigned an independent table number.

The legislation provides for the release of the post occupied by the part-time. Submitting an application and reception to the post of another employee for whom the place will be the main one allows to dismiss the part-to-book (Art. 288 of the Labor Code of the Russian Federation). An employee must be warned about the dismissal of 14 days before the date of termination of the contract.

What is compatible

Combining - execution of additional duties during the main work and within one contract. Additional work is made in the same position (increase in the scope of work) or on the adjacent (expansion of the service area). Combining can be issued on vacant (free) or busy posts during the period of temporary absence of the main employee:

• By illness confirmed by a disability sheet. The option is often used in the budget sector. Payment for non-appearance for illness by the FSS is carried out at the expense of the FSS, which allows not exceeding the amount approved for the year the salary fund. Several employees can be taken to the position of temporarily absent.
• When finding on maternity leave or child care.
• At the time of vacation, the main employee decorated without salary salary.

The ability to combine posts is prescribed in a collective agreement or other local act. In the operating time accounting table, the alignment is not reflected.

What is the difference?

Employment part-time or combination has cardinal differences visually presented in the table:

Detailed information about the differences of these procedures you can also learn from the following video:

What is more profitable for the employee?

When comparing these forms of additional earnings, the material benefit of remuneration is determined depending on the work conditions. Payment of labor at the design of the Compact is made according to spent time. Supplement when combined is established by the employer and is reflected in the order. The amount is expressed as a percentage of the main salary. Supplement is allowed in the form of a fixed amount.

Positive sides of the alignment:

• There is no need for spending extra time.
• The amount of remuneration is fixed and installed by agreement of the parties. The amount of surcharge is taken into account when calculating the selling and sick leave.
• It is allowed to early termination of commitments on the initiative of any of the parties with a warning in 3 days (Article 60.2 of the Labor Code of the Russian Federation).

• Providing paid leave or compensation when dismissal.
• The ability to receive premium on combined position. Earnings are included in the calculation of the hospital sheet for the main work (calculated separately).
• Remuneration management by varying the number of shifts, generation or part of the bet. The value is limited to half a bet or the salary specified in the regular schedule for a vacant position. Payment for piecemaking earnings is made by the actual result.

If the employee arranges additional shifts and the ability to influence the schedule and remuneration, it is necessary to choose a compatibility, for persons who do not want to go beyond the labor day, combination is the most optimal form.

How to arrange them from the same employer

There are differences in the document flow during the design of such employees.

Registration of internal partners

The employee is accepted for part-time work with the conclusion of an employment contract. This agreement comprises:

• Provisions, rights, obligations and guarantees of an employee similar to the standard contract concluded for the main work.
• An indication of the execution of duties on part-time.
• With time-based work, the salary or bet is indicated, with a piecework - development.

The agreement may have an urgent or indefinite character, the validity of which is determined by agreement of the parties. At the request of the employee, a part-time record is made to the employment record.

When taking work, actions are performed:

1. An employee addressed an application to the head. The document indicates the desired part of the bet - half, a third, quarter or other.
2. The terms of the partification are coordinated with the employer.
3. A personnel service of the company is published an order for the appointment, and a contract with a joint signature of the parties is drawn up. The order and the contract makes a mark on the nature of the work.

If the terms of the agreement provide for work with values, further consists of a material liability agreement.

Documents required when receiving work is not required. The personnel worker makes copies with previously represented forms. The dismissal of such an employee is carried out in a standard manner defined in the Labor Code of the Russian Federation.

Registration of combination of posts

Combining the main position and additional responsibilities is carried out on a voluntary basis and on the basis of the order. When designing, the procedure is made:

1. Providing a written statement of the employee. It must confirm the adequacy of qualifications to fulfill duties.
2. After coordinating the issue, the employer issues an order to combine the employee of posts. The contract is not lies.

The execution of new additional responsibilities changes the conditions of employment contract. On the basis of the order, an additional written agreement is drawn up, providing for the change in conditions (Art. 72 of the Labor Code of the Russian Federation). Combining posts in the employment book is not reflected.

Who can not be issued in this way

The legislation defines a circle of persons whose compatibility for which is not issued. Additional employment is not allowed:

• Minor citizens.
• Executives of enterprises. Only external compatibility with the consent of the founders is allowed.
• Persons whose main responsibilities are associated with harmful or dangerous working conditions, if partition involves similar circumstances.
• Workers whose duties are associated with transport management.
• State civil servants - police officers, prosecutors, judicial bodies and law office.

Persons deprived of the rights of design part-time are not limited to the possibilities to engage in scientific or research activities.

Nuances of Compact

There is a limit on the time of additional work. Within the labor day allowed the limit of duration no more than 4 hours. An employee can work out extra hours after the end of the working day or on the weekend established by the main position. Within a month recycling is allowed within half of the monthly norm..

The fulfillment of the work duties of the partner gives the right to pay for vacation. The number of days of vacation does not depend on the interest rate and is determined in the standard version (spent a year gives the right to receive 28 calendar days of rest).

Vacation is paid at the rate of average earnings and is provided simultaneously with rest at the main place of employment. Exceeding the number of vacation days of the main work is complemented by days without salary salary positions.

Combination and combination at the enterprise of the main employment is a legitimate income increase. The amounts are included in the calculation of earnings to charge leave, payment of disability sheet and when determining deductions in the FIU. Registration is carried out strictly taking into account the norms of the TC RF.

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The article is interesting. Help solve the right situation. I work in chichalter in ooo. By decision of the founders, it was appointed from 10.09 by the director of the same LLC. How to make the combination of these two posts? What will be the main, and what is the combination? In Tr.book there is an entry about Ch. Bush.

Faced almost with the same situation, the leading lawyer was transferred to the full rate of the gene. Director and accepted on internal combination by 0.5 rates by the leading lawyer, whatever the legal experience would disappear.

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Compactation is a form of secondary employment. Guided by the authorities provided by the Constitution, citizens are entitled freely and at its discretion to dispose of their labor abilities. Bans and restrictions are possible only in exceptional cases and only when it is provided for by law. Internally and external combination implies work outside the main working time. The article proposed to the attention says how to make an internal partition correctly, it contains a sample of an order of employment, tells about some relevant points.

Internally combat: the difference from the external and from the combination of professions (posts)

The legislation provides for several ways to further work - combining posts, as well as external or internal combination. Despite the community of legal consequences, these types of labor relations differ in the requirements for their design. So when combined, in contrast to the partification, the new employment contract is not. Charged "new" work (combined) is carried out in the framework of the already current employment agreement. In this case, the parties can sign an additional agreement to the main employment contract. It must be noted, one of the reasons for the fact that the partification can be both internal and external (in another employer) and the alternation cannot be aligned. When working for another employer, the obligatory requirement will be the conclusion of a new employment contract (with a new employer). Yes, and the execution of labor duties for different employers within one time the legislation is not provided.

Legislative restrictions

Opinion expert

Andrei Lero.

Work experience more than 15 years. Specialization: contract law, criminal law, general theory of law, banking law, civil process

A number of articles of the Labor Code establishes prohibitions for attracting workers to internal part-time. So, st. 282 TC prohibits attracting compatibility:

• minor workers;
• employees engaged in harmful production in the main contract, to similar work on the terms of conventions;
• employees with dangerous conditions of work on the main contract, to work on a part-time basis, if it also relates to the category of dangerous.

Art. 329 of the Labor Code of the Russian Federation prohibits engaging drivers and vehicles and dispatchers for managing the process of work of vehicles, if part-time work will also be relevant to the management of vehicles.
In addition to the Labor Code, the restrictions on the internal combination exist in a number of framework laws regulating the activities of certain state structures. So, in accordance with specialized regulations, the operational staff of the Ministry of Internal Affairs and its divisions, prosecutors, judges, as well as officials of state and municipal authorities cannot be attracted to internal part-time.

Registration of internal partition

Since internally, partition provides for another job, then when making an employee, the following highlights must be taken into account:

• availability of posts in a staff schedule,
• the need to compile a new employment contract
• edition of the order for employment
• separate time accounting.

Despite the fact that the staff schedule is not mandatory for the employer, to operate without this document, if there is even the minimum staff of employees, it is not possible. All posts occupied by workers or those who are only planned to occupy must be taken into account in a staff schedule. The position in which partition is expected is also a staff schedule.

The only document that under legislation is required when taking a part-time work, to the same employer, this is a document on education. But only in cases where such a document is required to fulfill such work (for example, according to the job description). Of course, in the absence of such a document in the employer's personnel department, where it may be due to the performance of the main work. Accordingly, the remaining documents on the employee in the personnel should already be.

The employment contract for the performance of work is concluded in accordance with the general rules provided for for labor agreements. At the same time, in addition to the basic information and conditions that must be included in it, in the contract, be sure to indicate the nature of the work - partition.

This must be done as, firstly, this requirement of the law, secondly, certain legal consequences are associated with this condition.

Part-time worker should not work at an additional place of work, more than four hours a day, which is regulated by Article 284 of the Labor Code of the Russian Federation. By virtue of this temporary restriction on the implementation of part-time functions, Article 91 of the Labor Code of the Russian Federation introduces the requirements for the organization of working time accounting spent by an employee for part-time activities.

It is worth paying attention to that in case of unconditional work, the overall working still can not exceed the Eight-hour norm established by the law. In the usual case, at two workplaces, the worker would have worked twelve hours. Since the payment of internal partnership is made in proportion to spent working time, then an additional four hours will also be paid to the employee.

The Labor Code of the Russian Federation associates with the possibility of concluding an urgent employment contract. Of course, to conclude a contract for a period not necessarily and such an agreement may be perpetual. But if the parties decided to indicate the term of the contract, and this is already a rule for term contracts, then a separate point in the contract it is necessary to indicate the basis for which the urgent contract is concluded.

An order to accept part-time work is drawn up after the signing of an employment contract and on the basis of information contained in it. Just as it is necessary to indicate the term and nature of the work. In case the part-time agreement is urgent, it will be necessary to specify the date of termination of the contract. Since the part-time time partner will differ from the regime of other employees for which it is installed by local regulatory acts (collective agreement, internal labor regulations), while the start time of work and the end of work should be specified separately. In order, these conditions are also entered on the basis of an employment agreement.

The order that the reception is issued under conditions of internal combination must contain the following information:

• FIO of the entrepreneur (the name of the employer),
• number and date of the order
• FIO of the employee of the employed work
• the position to which the employee is accepted
• division (department, plot) in which the employee is accepted,
• the start date of work and the end of work (for an urgent contract),
• duration and time of working time,
• condition on probation
• signature of an individual entrepreneur (supervisor) in the order,
• the painting of the employee about familiarizing the order.

The law does not oblige the employer to make part-time employee's workbook. However, by virtue of Art. 66 of the Labor Code of the Russian Federation, he will be obliged to do this in the event that the employee's desire is. To properly arrange the internal combination, see the sample of the order of employment.

Communication in one position: how to arrange

So sometimes it happens that for a long time, it remains vacant any workplace. At the same time, other employees who have sufficient qualifications and experiences work in the organization in similar positions to take this place. For example, in a planning and economic department free economist. At the same time, several people occupy the same post economist in the same unit. In such cases, employers are asked: whether permission is possible for one position, and how to issue.

Deciding on the adoption of an employee to a position identical to the one in which he already performs his labor duties, it should be borne in mind that the question of the possibility of part-time is controversial. Such uncertainty arose in connection with the adoption of numerous amendments in 2006 in the Labor Code of the Russian Federation. If in the previous editorial office, this regulatory act directly prohibited such partition, then there are disagreements with the interpretation of the current provisions of the Code. The position and the famous letter of Rostrud dated June 18, 2012 No. 873-6-1.

The essence of the problem is that under part-time, according to labor legislation, it is understood to fulfill the employees of the "other" work. Some specialists under this term means work on another employment contract, other work implying the performance of other labor functions. The letter of Rostrud only stated the fact that the former norms were canceled (Art. 98 of the Labor Code of the Russian Federation lost strength), but new ones were introduced. 60.1 TK RF. From this information letter, there is no interpretation of newly entered norms.

As a result, the employer is forced to act at his own risk. As in every indefinite situation, the employer, making decisions on part-time for a similar position should proceed from the inadmissibility of the infringement of the basic labor rights of the employee. Labor inspection, when conducting a check, will carefully evaluate every such case. And if, let's say, it turns out that concluding such a contract, the employer sought to deprive the employee of the right to pay overtime, the inspection will decide on the imposition of a fine. Therefore, in all cases, employment and legal grounds should have employment and legal grounds. Such work should be beneficial to the employee and is carried out with his consent.

Registration of such a partnership occurs according to the general rules for accepting partners. At the same time, a suitable vacant position should be provided in the staffing schedule. When issuing a contract, it is necessary to pay attention to the time and end and end of working time for a new agreement did not intersect with those clocks in which the employee will be busy on the main work. Otherwise, it will not be a compatibility, but alignment.

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