External part-time work – Labor Code of the Russian Federation. Part-time employment contract Differences in employment for newly hired and existing employees of the company

Part-time workers, like employees included in the permanent staff, carry out their labor activities on the basis of employment contracts concluded between them and their employers. Contracts for part-time workers have a number of features. When concluding them, it is necessary to take into account the latest additions to the Labor Code of the Russian Federation and clarifications in letters from the Ministry of Labor dated April 18 and 26, 2017.

General provisions

Part-time work is a type of work in which an employee performs additional work in his free time from his main job.

There are internal and external part-time jobs. An external part-time worker, in addition to his main job, carries out part-time work in another organization. An internal part-time worker, having a main job at his home enterprise, performs a second, additional job in the same organization in his free time.

The foundations of labor relations between an employer and a part-time worker are laid down in Chapter 44 of the Labor Code of the Russian Federation “Features of regulating the labor of persons working part-time.” Here, seven articles (282–288) provide detailed guidance covering virtually every aspect of moonlighting. In addition to the Labor Code, constantly updated departmental instructive regulations are devoted to certain issues of the work of part-time workers. Thus, in letters of the Ministry of Labor and Social Protection of the Russian Federation (hereinafter - the Ministry of Labor) No. 11–4 / OOG-718 dated 04/18/2017 and No. 14–2/B-357 dated 04/26/2017, some conditions of the employment contract with part-time workers are clarified and detailed and once again the need for its conclusion with internal part-time workers is justified.

Video: part-time work according to the Labor Code

Grounds for concluding an employment contract with a part-time worker

Common to all types of part-time work is the fact that the work is carried out on a regular and paid basis. The fact that such work activity is additional work and is performed in free time from the main job does not relieve the employer from the need to conclude an employment contract with the employee.

The principles of labor relations with a part-time employee remain the same as with employees carrying out their work activities at their main job. They are based on the Labor Code and are as follows:

• the work is paid;
• work is performed regularly;
• there is an agreed work schedule;
• have the right to leave;
• the conditions of legislation on sanitary and other standards are observed;
• social guarantees are provided.

The specified grounds apply to both external and internal part-time workers.

The letter of the Ministry of Labor No. 14-2/B-357 dated April 26, 2017 directly states that in case of internal part-time work, the employer is obliged to conclude a second employment contract with the employee, and not to get off with some internal order.

If a person’s main job involves difficult and unhealthy working conditions, he cannot be hired for a part-time position with similar conditions.

Features of an employment contract with a part-time worker

The part-time employment contract is drawn up in two copies. One of them remains in the company’s HR department, and the second is handed over to the employee. The contract remaining in the organization must necessarily have the signature of the part-time worker, certifying that he is familiar with the terms of the contract and agrees with its provisions.

The contract must be signed by both the employee and the employer

In many key aspects, the provisions of a contract with a part-time worker are no different from the terms of a regular employment contract. This can be easily explained by the fact that the clauses of the contracts in both cases are based on the provisions of the Labor Code and reflect the conditions of work carried out on a regular and paid basis. At the same time, since part-time work differs in some ways from the conditions of full-time work, employment contracts should reflect this.

The main features reflected in employment contracts with part-time workers are:

1. An indication that the work is being done on a paid, regular basis.
2. The point that the work is performed part-time. This is a requirement of the Labor Code, and at the same time a guarantee of compliance with the special rights of a part-time worker, even if they are not reflected in other parts of the contract.
3. Mandatory limitation of working hours, the duration of which cannot exceed half of the working time at the main job. Since the eight-hour working day predominates, in most cases the duration of work for a part-time worker in an employment contract is four hours.
4. Part-time workers' remuneration depends on the hours worked. In proportion to the number of working hours, bonuses are paid for work on holidays and non-working days, and days spent on sick leave are compensated.
5. The right of a part-time worker to leave is specifically stipulated. Moreover, it must be provided simultaneously with leave from the main job. The time for granting vacation to an external part-time worker should not be tied to the vacation schedule at the enterprise where he works part-time. Moreover, even if he has not yet worked the six months required to be granted leave, it must be given to him in advance simultaneously with the leave for his main job.

Main points of the employment contract

1. Full name of the employee, his address, passport number and other data.
2. Details of the enterprise with full indication of the company name.
3. Time and place of signing the contract.
4. Place of work, which indicates the department in which the part-time worker will work.
5. Name of the position or profession of the part-time worker.
6. Production or other responsibilities of the employee.
7. Working hours: start and end of work, rest time. It should be noted that according to the latest clarifications of the Ministry of Labor, in an employment contract with a work duration of less than four hours a day, rest time or a lunch break may not be provided.
8. Work start day. In practice, it coincides with the date of signing the contract.
9. Terms of remuneration. This includes an indication of the salary amount and how it is formed. When determining the amount of salary, it is necessary to take into account that, according to Art. 133. 1 of the Labor Code of the Russian Federation, it should not be lower than the regional wage (minimum wage). The minimum for part-time workers is half this amount when working part-time.
10. Special working conditions that arise when working in hazardous or hazardous production. To work in such conditions, special compensation, protective clothing, reduced working hours, and so on are provided.
11. Terms of concluding contracts.

The agreement is drawn up in two copies, one of them remains in the personnel department of the organization, and the second is transferred to the part-time worker

Terms for concluding a part-time employment contract

In the Labor Code, for concluding a contract with a part-time worker, no restrictions on the duration of its validity are provided, and the coordination of the time frame is entrusted to the contracting parties and depends entirely on their mutual desire. Thus, a part-time employment contract can be either open-ended or fixed-term.

You should know that a contract with a validity period of more than five years is already classified as an open-ended contract.

Conditions for concluding a fixed-term contract

In most cases, a fixed-term contract is concluded with a part-time worker. Labor legislation does not provide for a minimum period. The most common (and maximum) time interval is a period of five years.

The urgent nature of the contract must be justified by reasons that limit the period of its validity. Article 59 of the Labor Code of the Russian Federation defines the following conditions:

• seasonality of work performed;
• replacing a temporarily absent full-time employee;
• temporary work to eliminate the consequences of accidents, man-made disasters and other emergencies;
• work that is obviously limited in time (including those for which it is impossible to name specific completion dates);
• work within the framework of an industrial internship or educational practice;
• activity in temporary elected bodies or in an elective position;
• agreement of the parties.

The absence of at least one of the listed grounds does not make it possible to consider the employment contract as fixed-term, but may lead to its cancellation or recognition of its unlimited nature.

The Labor Code of the Russian Federation limits situations when a fixed-term contract can be concluded by agreement of the parties. These are the following cases:

• employment by an individual whose staff consists of less than 35 people;
• foreign business trips;
• work in the Far North;
• creative, project-based nature of the work;
• work as a manager, deputy manager and chief accountant;
• part-time work.

Thus, the consent of the part-time worker is the basis for concluding a fixed-term employment contract with him. The expression of such consent is his signature. The nature of the work can be anything.

A fixed-term contract with a part-time worker can be concluded for any type of work

The clause on the conditions for termination of a fixed-term contract may contain a specific date, and if it is impossible to determine it in advance, the circumstances are indicated. This is the completion of certain work, the completion of a project, or the exit of the main employee if a part-time employee replaced him. Usually, in an agreement with a clear indication of dates, the employer undertakes, in the event of early (before the expiration of, for example, five years) dismissal of a part-time worker on his own initiative, to pay him the agreed compensation.

Features of an open-ended contract

An open-ended part-time employment contract is drawn up much less often than a fixed-term one, but at the same time it is a completely legal document. Such an agreement is signed in all cases where there is no reason to consider cooperation to be limited in time. It states that it is concluded for an indefinite period.

The open-ended nature of the employment contract in some situations may be beneficial to the part-time worker, and in others to the employer. For example, when concluding an open-ended contract, a part-time worker can resign of his own free will at any time. At the same time, it is easier for an employer to dismiss an employee on his own initiative if he is dissatisfied with the quality of the work performed.

A part-time worker may resign himself or be dismissed at the initiative of the employer for all reasons provided for by the Labor Code. A special reason for dismissal ishiring an employee for whom this work will be the main one. In this case, the employer has the right to terminate an open-ended contract with a part-time worker (both internal and external) on his own initiative. This opportunity is given to him by Article 288 of the Labor Code of the Russian Federation. However, in order for such a dismissal of a part-time worker to have legal force, management is obliged to warn him about the impending termination of employment two weeks before issuing the dismissal order.

Photo gallery: sample employment contract with an internal part-time worker

The contract must indicate the full name of the part-time worker and his passport details. The main content of the employment contract is the provisions on the working time schedule and the payment system. The contract is signed by the employer and the part-time worker.

If you work on a regular paid basis, concluding an employment contract with a part-time worker is strictly necessary. Working without signing it is considered an illegal activity. The procedure for concluding a part-time contract and its content are in many ways similar to an employment contract on a general basis, but have a number of significant features.

What does the Labor Code of the Russian Federation say about who part-time workers are, how does it differ from the main place of work? The concept of external and internal part-time work. Let's look at how to distinguish these two types, what the maximum rate can be when working part-time, and whether it is possible to hire an external part-time worker full-time.

Legislative framework governing part-time work

The Labor Code deals with part-time work in Article 60.1 and in its entirety, Chapter 44, which regulates the main issues. In addition, there are additional legislative acts that regulate part-time work for certain positions and areas of employment.

According to the Labor Code of the Russian Federation, part-time work is a job that an individual performs only in his free time, not busy performing duties at his main place of work.

What additional payment can a personnel officer claim?

Part-time work involves concluding a separate employment contract, and an employee can enter into an unlimited number of such contracts, both with the main employer and with other organizations

According to the Labor Code of the Russian Federation, part-time work in terms of providing guarantees and compensation is equal to the main place of work, with the exception of benefits associated with combining work and study.

All documents required by law are maintained for an employee holding multiple positions, with the exception of the work book, which is kept by the main employer. This is one of the signs of part-time work.

But at the same time, the legislation does not oblige the employee to provide evidence that he has a main place of work. And in practice, it may turn out that a part-time employee does not have a main job. There is also no responsibility for the occurrence of such a situation, either for the organization or for the employee.

An employee is not required to inform his main employer that he is working elsewhere, unless consent is required. For example, the head of an organization cannot do so without the consent of the constituent assembly or other higher body.

The employment contract for a part-time worker must contain an indication that this work is not the main one.

Types of part-time jobs

Part-time work is divided into types, depending on where the employee works.

External part-time job

An external part-time worker is someone who works in an organization where he does not have a main workplace. At the same time, he will be subject to all the rules established for employees of this organization. And he will be able to claim all the benefits.

Applying for an external part-time job is done as follows:

• A job application is written, which contains an indication that the work will be part-time;
• The employee becomes familiar with all local regulations of the company;
• An employment contract is concluded and an order is issued.

An external part-time worker is considered a full-time employee, but at the same time, he may not be included in the calculation of some indicators (payroll, average number). It all depends on the purpose for which these data are calculated.

Internal part-time job

Topic of the issue

Also read about when the court will not allow dismissal for absenteeism, how to detain an employee who wants to quit and how to return the money you spent on an apartment.

The rate for a part-time worker

The question often arises, is it possible? The answer is negative, since a whole staff unit implies working the full working time, and for employees combining several jobs, the law establishes restrictions.

According to the Labor Code, the time of part-time work should not exceed the following values:

• 4 hours during the day when he performs duties at his main place of work;
• Half the standard working time for the entire billing period (week, month, quarter, year).

Thus, we can conclude that an external part-time worker cannot work full-time.

Watch the video

When hiring a part-time worker to your company, the employer should know the stages and nuances of employment, the list of specific documentation, as well as the algorithm of actions when canceling an employment contract.

In addition, there are some categories of workers who do not have the right to be part-time workers or have some restrictions.

In terms of timing, such a document can be of 2 types:

• urgent (Article 58 of the Labor Code of the Russian Federation);
• unlimited (Article 59 of the Labor Code of the Russian Federation).

At the moment, workers can be internal and external part-time workers. Such an employee works only during non-working hours. He receives a salary and works only under an official contract.

External and internal part-time employment - what is the difference?

Everyone employed in the Russian Federation has the right to be both an external and an internal part-time worker. His hiring occurs in the same way as an external one.

An internal part-time worker is an employee who performs 2 or more jobs in 1 company, and an external part-time worker is an employee who works in different companies.

Internal

Being an internal part-time worker, the worker works for the same director of the organization who has his main job.

So, Ivanov V.V. is a labor teacher at school No. 7, and after school he works as a janitor. This is an internal part-time job, because Ivanov works in 2 specialties in the same school institution.

External

External part-time worker - a worker works for a manager for whom he does not work at his main job. In such a situation, the employee does not receive a work permit from the employer or legal entity.

Only the following workers should receive permission to perform labor duties as an external part-time worker:

• directors of companies (Article 276 of the Labor Code of the Russian Federation);
• members of the company administration (Article 281 of the Labor Code of the Russian Federation);
• a citizen involved in professional sports and a coach (Article 348.7 of the Labor Code of the Russian Federation).

Prohibition on registration of part-time jobs

The duration of a working day for 1 month cannot exceed the duration for 1 month for the main priority work.

The working hours of part-time workers are not limited in the following situations:

• if the employee temporarily stopped working in his first position (Article 142 of the Labor Code of the Russian Federation);
• if the employee was removed from his original position (Article 73 of the Labor Code of the Russian Federation).

On weekends, the worker performs his duties 9 hours a day (full working day).

Necessary documentation for external and internal part-time employment

In order to become an external part-time worker, the worker must provide the following documents to the personnel:

• your consent to perform your duties;
• ID card and its photocopy;
• photocopies of your training diploma (if needed);
• a certificate from 1 place of work (in particular, from a company where there are dangerous working conditions for humans);
• extract from the work book;
• other documents (in particular, TIN).

In order to become an internal part-time worker, you only need to provide the HR department with your consent.

Part-time employment - sample order

The internal order is drawn up by the personnel department according to the special form T-1, which is established in Resolution of the Federal State Statistics Service of the Russian Federation No. 1 of January 5, 2004.

This happens only after a contract has been concluded between the employer and the new employee.

Step-by-step instructions for applying for a second job

When applying for a job, a future part-time worker performs the following actions:

• draws up a written application and provides the future employer with all documents (identity card, Taxpayer Identification Number, training diploma, etc.);
• carefully studies local legal acts;
• signs a contract with the following entry “on part-time basis”. The contract specifies a different number of labor hours per day and other nuances;
• after signing the contract, the worker receives 1 copy of it;
• The company administration issues an order, after which the new worker enters the workplace within the period specified in the contract.

After adding a new part-time worker to the company’s staff, the personnel officer makes an entry in the work book at the request of the worker, and also draws up a personal card or draws up a personal file.

Sample application for employment of a part-time worker

The application for registration for part-time work must indicate:

• Full name of the employee;
• employee's place of residence;
• Full name of the head of the company;
• the day on which the employee will start working;
• Job title;
• a list of specific attachments to the application;
• working conditions;
• additional information.

Differences in employment for newly hired and existing employees of the company

For newly hired workers

The procedure for applying for a part-time position for newly hired, dismissed or transferred employees is established in the Labor Code of the Russian Federation. In this case, the citizen of the Russian Federation performs the following actions:

• gives HR officers an identity card and its photocopies, training documents, etc.;
• submits a certificate from the company to the personnel department - from the main workplace (for example, when working in a company in which it is harmful to work, when driving a car, etc.).

For workers in the company

In order to become an internal part-time worker, the worker does not have to provide HR officers with photocopies of his passport and training diploma, because the HR department already has such information.

However, an internal part-time worker submits other documents to personnel officers in the case where the 2nd position implies a different profession.

Part-time employment - entering data into the work book

The personnel officer records information about employment in the work book of the part-time worker at his request. This happens at 1 worker’s workplace.

Entering data about an employee into the labor record takes place according to the rules that are prescribed in the Resolution of the Ministry of Labor dated October 10, 2003 No. 69 and the Government of the Russian Federation dated April 16, 2004 No. 225.Z

In such a situation, the personnel officer performs the following actions:

• finds his work book in the worker’s personal file;
• In the employee's employment record, he finds a record of enrollment in the company's staff. In most cases, it belongs to the last director of the company for whom the worker works and for whom he wants to work in combination;
• Without deviating one line from the last entry, the employee puts down in the left column the number that follows immediately after the previous one in the entry;
• further, the personnel officer sets the date for registration of the employment record;
• then he fills out the main line, which contains information about the enrollment of a Russian citizen into the company's staff. In this he makes the following entry: “Hired part-time for such and such a position.”

The fact that he does not indent a line from the last entry and does not indicate information about the new employer suggests that the worker is an internal part-time worker;

• Then the personnel officer puts the number and the specific day the order was drawn up. In most cases, the order is issued before the employee’s data is recorded in the labor record;
• then he puts the company’s seal in the work book and receives the signature of the employer and his deputy.

This concludes the registration of the worker’s work book. Below we discuss in detail the procedure for recording data in the work record of an external employee.

External part-time employment - entering data into the work book

When hiring an external part-time worker, the HR officer performs the following actions:

• takes the worker’s work book from the personal file and opens it on the double page where information about the main workplace was most recently written;
• retreats exactly 1 line from the last entry and begins to fill out the labor one;
• in column 1, enter the entry number (in order);
• in column 2 records the date of registration;
• in column 3, the HR officer indicates the name of the new company where the external part-time employee now works. For example, “Winnie the Pooh LLC”;
• on the next line, the personnel officer writes: “Hired based on the fact of holding such and such a position”;
• then he indicates in column 4 the date of preparation and the number of the order, and also puts the employer’s signature and seal.

As a result, there is nothing difficult in registration, but most personnel officers make many mistakes in this simple matter.

Part-time employment at 0.5 rate

A part-time worker can also work part-time.

Orders to enroll a worker on a part-time basis are issued in the following situations:

• when the full rate of a job unit is removed from the company’s staff, and there are 0.5 job units. In such a situation, employers employ the main worker, or part-time worker (internal, external);
• when 1 position rate is divided into 2 people (1 and 2 employees receive 0.5 rates each). Situations may be different (one part-time internal worker at 0.5 times the rate, another external part-time worker).

When employed part-time, an employee submits the following documents to the personnel department:

• passport or other document that identifies a person;
• a diploma of education or vocational training or correctly certified photocopies (when registering as a worker, which requires special knowledge);
• a certificate of working conditions for 1 workplace (when applying for hard work, in a company that has harmful and unsafe working conditions);
• SNILS (plastic card);

Before becoming a part-time worker, the employee does not show the work book to the staff.

When hiring a citizen of the Russian Federation, personnel officers draw up a contract, which must stipulate that the work is considered a combination.

Based on the contract, personnel officers draw up an employment order.

Issuing a well-drafted order for enrollment is just as important as filing a lawsuit in court.

Applying for a full-time job

When applying for a job, the future employee writes an application for part-time work, which is then signed by his employer.

The contract has the same form as when joining the staff for the main position. However, the personnel officer indicates the following information in it - the worker works part-time.

If you are working internally, you do not need to provide HR officers with your passport and training diploma again.

With internal combinations, HR officers often manage without drawing up a new contract. In such a situation, the personnel officer draws up an additional agreement.

The director of the company concludes an additional agreement with the employee if the employee combines his main job in the same specialty.

When recruiting internal part-time workers, HR employees draw up both fixed-term and indefinite contracts.

Employee consent

Based on the written consent of the future part-time employee, personnel officers enter into a specific contract.

You can view a sample agreement below:

External part-time employment under a fixed-term contract

According to Art. 58 of the Labor Code of the Russian Federation, a part-time contract is concluded for any period or up to 5 years as a maximum (fixed-term contract).

Temporary

In case of temporary combination, the future employee signs a fixed-term contract with the director of the company for a specific period of up to 5 years.

You can work part-time under a fixed-term contract in the following situations:

• if the worker performs temporary and seasonal part-time work;
• if the employee is undergoing an internship or training;
• until an employee who is absent appears at the workplace;
• when earning money abroad or in the North;
• when eliminating the consequences of emergencies or emergencies;
• if the company employs less than 40 people;
• in other activities that are temporary in nature. In this type of work, it is difficult to determine a specific duration of the contract.

Permanent

In case of permanent combination, the worker enters into an open-ended contract with the employer.

Such an agreement is usually terminated at the request of the worker.

Dismissal of a part-time worker

According to Art. 77 of the Labor Code of the Russian Federation, the employer dismisses a part-time worker on the following grounds:

• if the contract term has come to an end (when signing a fixed-term contract);
• if the employer has found a new candidate for the worker’s job;
• if the employee submitted an application to leave the company on his own initiative;
• if both the director and the employee have reached an agreement to terminate the employment relationship;
• on the initiative of the manager in case of non-compliance with the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.

At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, while caring for a child, during pregnancy and after childbirth, etc.).

The nuances of part-time employment

When employing a part-time worker, the personnel officer must be extremely careful.

The HR department employee and the future employee must clearly indicate the name of the company, dates and numbers, etc. in the employment contract.

After hiring a new employee, the director of the company submits information to the following authorities:

• to the commissariat if the worker is liable for military service;
• to the place of previous work, if the employee was a civil servant and was dismissed 2 years earlier (Article 64.1 of the Labor Code of the Russian Federation).

The employee receives money on the card if the company transfers salaries in non-cash form. A new employee can take personal account information to accountants.

The employer cannot refuse an external part-time worker’s request to use his card, even if the company transfers funds to another bank.

At the moment, many employees from the personnel department make spelling mistakes when employing internal part-time workers. Personnel officers make mistakes in job titles, orders and write the wrong dates.

To avoid the mistakes described above, the employer periodically checks the work of its personnel employees.

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The main thing when planning a home budget is to understand where most of your expenses go and what you can refuse.

This will allow you to plan your spending part of the budget so that you can save money for major purchases.

If you have managed to reduce your expenses, but still don’t have enough money, then additional work would be the ideal choice. You can work part-time or part-time. Let's look at the difference between these concepts.

Basic Concepts

With a part-time job, an employee regularly performs other work in his free time from his main job.

Part-time work involves performing job duties not only in your own company, but also in another organization.

If you work in different positions in only one company, during the working hours agreed upon by law, then this is a combination.

What it is

Part-time and part-time work is an excellent opportunity to replenish your budget. Internal part-time and combination, what is the difference?

Employment mistakes often occur when the wrong form of working relationship is used. Let's consider combination of internal and external positions, and combination of professions and positions.

Part-time work is characterized by a number of features:

There are different forms of part-time work – external and internal:

Conclusion of an employment contract

The law establishes that it is impossible to conclude an employment contract with a minor citizen. Harmful and dangerous production also falls under the same conditions.

The legislator prohibits employees serving in the civil service, as well as in a number of other areas of activity, from carrying out part-time work activities.

The legislation does not specify the number of companies where a citizen has the right to work at the same time. That is, as long as a person has health, he works in as many companies.

For such employees, labor legislation establishes the duration of the work shift. The employee, having passed the interview, fills out.

The application indicates that this is a part-time job. All documents required for employment are attached, excluding.

The calculation of the amount of additional payments when combining is made based on the volume performed and the nature of the duties. This is confirmed by documents.

When starting a combination, it is necessary to familiarize the employee with the specifics of the work being performed additionally. Any employee can refuse this work regime.

If the employee accepts the terms of the combination, then he expresses his consent in writing. If the combination regime has lost its relevance, the company’s employer notifies the subordinate about this.

To register a combination according to all the rules, you must:

Mandatory remuneration of the employee is made for the main and additional positions.

A citizen can refuse a combination, even if its validity period has not expired. In 2019, there will be innovations for part-time workers:

The difference between part-time work and combination of professions (table)

Condition	Part-time job	Combination
Place of work	Both at the main place of work and in another organization	At main place of work
Employment contract	Needed	Not required Only an additional agreement is drawn up
	Not required	Not installed
The order of acceptance to work	Published	Published
Entry in the work book	Required	Not required
Registration or affairs	Mandatory for external part-time workers	Does not require registration
Salary	For actual time worked	Additional payment established by agreement of the parties
Vacation	It appears	Represented by main specialty
Restrictions	Restrictions are established by Article 282 of the Labor Code, subject to a number of conditions. There are restrictions for the head of the company	The combination of a manager is permissible, provided that a number of conditions are met
Termination of work	On a universal basis	With the expiration of the agreement. Provided ahead of schedule

What could be the disadvantages?

Disadvantages of combination:

• work activity at the main workplace is permissible;
• restriction of the type of specialties, if different from the main specialty;
• increase in work performed.

Disadvantages of part-time work:

• you need to work more than 8 hours. per day;
• limiting the hours of additional part-time work;
• existing risk of decreased quality of work.

Combination of general director in one organization.

It is permissible for the general director to combine positions with the permission of the company's board of directors. The sole founder independently determines whether he needs to combine positions.

Possible ways to improve

• management of both state and municipal organizations;
• members of the Board of Directors of the Central Bank;
• if another local act of the company stipulates the inadmissibility of external part-time work.

As a rule, this is due to the protection of trade secrets. If the general director works part-time, a separate contract is signed.

It can be either urgent or in nature. If the part-time job is external, then the necessary approval is required, in writing from one of the persons:

Part-time work carried out by the general director is determined by a local act.

FAQ

Quite often, when registering an employee for a part-time or part-time job, a number of questions arise. Let's consider some of them that arise more often than others.

Which is more profitable

There is no definite answer that part-time or part-time work is better, since the benefits from the point of view of both the employer and the employee are different.

Below are data for comparison; by studying them, you can decide on the attractiveness of a certain form of labor relations.

Basis for comparison	Combination	Internal part-time job
Job title	Provided according to the related specialization of the worker	Any
Documenting	It is drawn up as an additional agreement to the employment contract, and the order is approved	An employee writes an application to be hired for a specific position, then an employment contract is signed.
Entry in the work book	Not required	If the worker desires its availability
Personnel Number	Doesn't change	Assigned for each type of work
Probation	Not required	At the request of the worker
Working hours	All day	If the main type of work is completed
Mark on the report card	Placed at the main place of work	Appears for all positions
Payment	There is a salary supplement	There is a salary component for all positions held
Vacation	Submitted on an annual basis	Presented for each place of work
Benefit	Produced	One allowance for two positions
Termination	When will the additional agreement expire?	According to general principles

Is it possible to work in two types of employment at the same time?

There are several groups of citizens who are prohibited by law from holding a second job:

On harmful	And dangerous industries
For those who have not yet achieved	18 years
For drivers	If a similar type of activity is carried out
Government employees	And municipal enterprises
For employees who work in culture	Are educators and work full-time in healthcare
For the following employees	Holding the position of judge, prosecutor, police officer, lawyer, military personnel, State Duma deputy and member of the Government of Russia
Without the permission of the head of the organization, carry out additional work in the same area	Prohibited for athletes and coaches. Owners of organizations can allow employment for a second job

Other employees can work in two types of employment.

Features for the chief accountant

Quite often, the chief accountant works part-time in different companies.

Video: what is more profitable: combination or part-time work?

The contract with a part-time accountant is standard. But it must indicate that this work activity is part-time.

Nuances for teaching staff

The legislation defines a list of persons engaged in teaching activities whose work cannot be classified as part-time. This:

Lack of employee records	Carrying out literary, scientific or other creative activities not included in the staffing table
One-time consultations or hourly work	Takes no more than 300 working hours per year
Faculty leadership	As well as supervision of doctors and graduate students, head of the department
Teachers who are already working	In preschool, general, special or higher education
Management of the commission, office, laboratory	Or teaching courses to students, without recording this activity in the staffing table
Combination, subject to additional payment	In the same institution
If excursions are paid on a piece-by-piece basis	Or payment is made by the hour and the employee is not included in the staff

All teaching staff receive additional payment when performing additional work activities.

For directors serving in a state or municipal enterprise, combinations are only permissible of a basic and scientific nature.

The teaching staff of government institutions has been given the opportunity to improve their qualifications in order to increase the accruals for the positions they occupy.

It is permissible to arrange leave for teachers working part-time at the same time as a leave of absence issued at their main workplace.

If you have fewer vacation days for work performed additionally, the difference is paid at your own expense. This will equalize the periods of both vacations.

The number of days of annual leave also differs from the type of activity of teaching staff. Sick leave is paid for all types of work.

If a part-time worker has less than 2 years of work experience, it means paid sick leave only at the main place of work.

Changes in Russian legislation in 2019 underwent quite serious reforms. Many articles have been corrected.

Some of them removed the contradictions of other legislative acts from the labor code. Some were replenished with benefits for Russian citizens. Some of the reforms, on the contrary, tightened a number of norms and requirements.

This activity of adjustments to the labor code suggests that the system of legislative reforms that began in 2019 has not yet been completed. One can only guess what they will bring for the working population of Russia.

The definition of part-time work is given in: this 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. There are two types of part-time work:

• internal (one employer at the main place of work and part-time);
• external (in addition to the main job, the employee performs other work for another employer).

Elements of part-time work are indicated in:

1. performing other, in addition to the main, regular paid work;
2. work is performed in free time from main work;
3. the work is performed under a part-time employment contract;
4. the number of employers with whom an employment contract for part-time work is concluded is not limited;
5. work can be performed both for a single employer at the main place of work on an internal part-time basis, and with other employers on an external part-time basis;
6. the employment contract contains an indication that the job is a part-time job.

Who should not work part-time?

For some employees, there are prohibitions or restrictions on part-time work. These categories of workers include those who have not yet turned 18 years old - they are prohibited from working part-time. Also, part-time work is prohibited for an employee who performs activities for the main employer that involve harmful or dangerous working conditions, if the part-time work is also associated with similar working conditions. Warns about this.

In addition, according to , a lawyer cannot work part-time.

Employees of a private security organization are not allowed to combine security activities with civil service or with an elected paid position in public associations. It will be clarified that an employee of a private security organization cannot be the founder, director or other official of the organization with which the private security organization has entered into an agreement for the provision of security services.

An athlete or coach has the right to work part-time with another employer in a similar role only with the permission of the employer at the main place of work ().

Specifics of part-time employment

To apply for a part-time job, you will need the same documents as for hiring the main job, except for the work book. It states that “when applying for a part-time job with another employer, the employee is required to present a passport or other identification document.”

An education document or a certified copy of it will be necessary if the work requires special knowledge and it needs to be confirmed.

In some cases, additional documents must be requested from the part-time worker:

• a certificate about the nature and working conditions at the main place of work - for work with harmful or dangerous working conditions ();
• a certificate about the nature and working conditions at the main place of work - for work related to driving vehicles or controlling the movement of vehicles ();
• permission from the authorized body of a legal entity or the owner of the organization's property from the main place of work - to the position of manager ().

How to properly draw up an employment contract with a part-time worker

• days on which the part-time worker is not employed at his main place of work;
• days when a part-time worker suspended work at his main place of work due to delayed wages;
• days when a part-time worker is suspended from work due to the fact that he is subject to transfer to another job according to a medical report, but this work is not available from his employer at his main place of work.

During all the periods listed above, a person can work part-time full time.

Entry in the work book of information about part-time work is made only by the main employer (), but under certain conditions:

• at the request of the employee;
• in the presence of a document confirming part-time work (a certified copy of the order for admission to part-time work or a certificate of admission to part-time work containing the details of the order for employment).

That is, a part-time employer does not have the right to make an entry in the work book about part-time work.

The employment contract with a part-time worker may contain an indication of its urgent nature. The conclusion of fixed-term employment contracts with a part-time worker by agreement of the parties provides for:

How are part-time workers paid?

Remuneration can be of different types:

• time-based - proportional to time worked;
• piecework - taking into account production;
• under the conditions established by the employment contract.

If a part-time worker is given time-based wages or wages for standardized tasks, then payments are made taking into account the final results for the amount of work actually completed.

Part-time workers are not covered by guarantees and compensation related to combining work with education. They are provided to employees only at their main place of work. The same rule applies to those who work in the Far North and equivalent areas.

But a part-time worker can count on the full scope of other guarantees and compensations provided for by labor legislation, collective agreements, agreements and local regulations.

Vacation for part-time workers

The main rule that applies in this case is the following: annual paid leave is provided to a part-time worker simultaneously with annual paid leave at the main place of work. Moreover, this is the responsibility of the employer.

What to do if the employee has not worked part-time for six months at the time of leave from his main job? In this situation, the employer will have to provide him with leave in advance.

What is the right thing for an employer to do if a part-time worker approaches him with a request for leave without pay on the basis that leave for part-time work is less than leave at the place of his main job? The answer to this question is given in: the employer is obliged to comply with this request and provide leave without pay for the number of days short of the duration of leave at the main job.

Dismissal of part-time workers

An additional basis for termination of an employment contract is the hiring of an employee for whom the part-time job will become the main one, this is stated in Art. 288 TK. In this case, the employer is obliged to warn the part-time worker in writing about his plans two weeks before the termination of the employment contract.

It is worth paying attention to the fact that the law does not allow early termination of an employment contract with part-time workers working under a fixed-term employment contract in connection with the hiring of another employee, that is, on the basis provided for in Art. 288 TK. In this case, dismissal of the employee is possible only on general grounds.

When dismissing a part-time employee, follow the following steps:

• Determine the basis for terminating the employment contract with a part-time worker, make sure you are not breaking the law.
• Provide the part-time employee with notice of dismissal at least two weeks before termination of the employment contract.

The notification text might look like this:

“In accordance with Art. 288 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you on a part-time basis dated _________ (date and number) for an indefinite period will be terminated 2 (two) weeks from the moment you receive this notice in connection with the hiring of an employee for whom this work will be the main one.”

You will need to make two copies of the notice: for the employee and for yourself (on the employer’s copy, the part-time worker puts a mark of familiarization - date, full name and signature.

• Issue a dismissal order.

In the document, put the date and formulate the grounds for dismissal, indicating the details of the notice of termination of the employment contract.

On the last day of work of the part-time worker, familiarize his employee with the order for signature.

Enter information about dismissal into the employee’s personal card.

• Pay wages and required compensations, issue documents.

All payments must be made on the day of dismissal. If the person did not work on that day, then payments are made no later than the next day after the dismissed employee submits a request for payment.

• Send information about the dismissal of an employee subject to military registration to the military registration and enlistment office.

The information is sent within two weeks - in the form specified in the document, approved by the General Staff of the Armed Forces of the Russian Federation.

It is important to have written confirmation of sending information to the military registration and enlistment office.

• Notify the bailiff and the collector, as well as the person receiving alimony, of the dismissal of the debtor employee.

The employer is obliged to immediately notify the bailiff about the dismissal of the employee from whose wages deductions were made under the writ of execution, and return this document to them.

Information about the dismissal of the alimony debtor is sent within three days to the bailiff and the alimony recipient.

In both the first and second cases, it is important to have written confirmation of sending messages to the bailiff.

Combination and part-time work: what is the difference?

In contrast to part-time work, combining professions (positions) implies that an employee, with his written consent, can, during the established duration of the working day, along with the work specified in the employment contract, perform additional work in another or the same profession (position), but for additional payment.

But there are many other differences, which we list below:

Criteria	Part-time job	Combination
Working hours	The work is performed in free time from the main work (Part 1 of Article 60.1), no more than 4 hours a day. When registering a part-time employee, the standard working time for this employee is indicated - 20 hours.	According to Art. 60.2 work is performed during the established duration of the working day (shift). That is, the employee must be able to complete primary and additional work within 8 hours. The employer cannot determine how much time the employee will devote to the main job and how much to additional work, so the standard working time for combination work is not specified in the contract.
Employer	The work can be performed either for the main employer (internal part-time job) or for another (external part-time job).	The work is performed for only one employer.
Registration of labor relations	An employment contract is concluded, which must indicate that the work is performed part-time.	An employment contract is not concluded. The conditions for performing additional work are indicated in.
Probation	May be by agreement of the parties.	Not installed.
Salary	Carried out in accordance with the rules established by a specific employer for a specific position (salary, allowances, bonuses, etc.).	The amount of additional payment is established by agreement of the parties, taking into account the volume and conditions of work.
Vacation	Annual paid leave is provided simultaneously with leave for the main job. If at a part-time job the duration of leave is less than at the main job, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.	The duration of vacation for a part-time position does not in any way affect the duration of vacation for a part-time employee.
Employee personal card	A new personal card is issued.	The personal card form does not provide for entering information about additional work.
Employment history	Information about part-time work is entered into the work book at the place of main work at the request of the employee on the basis of a document confirming part-time work (Part 5 of Article 66).	Information about the combination is not entered into the work book. If the employee later needs this information, the employer issues a certificate stating that during such and such a period the employee performed certain types of work during the period of temporary disability and business trip.
Periods of temporary incapacity for work	The employee retains his place of work. The employee provides the employer with a separate certificate of incapacity for work marked “part-time.”	During this period, the employee is removed from additional work. The employer can assign it to another employee. There is no need to provide a separate certificate of incapacity for work - a certificate of incapacity for work for the main job is sufficient.
Dismissal	Occurs on a general basis in accordance with Art. 77 TK. An employment contract concluded for an indefinite period may be terminated if an employee is hired for whom the part-time job will be the main one. The employer must warn the part-time worker about this in writing two weeks before terminating the employment contract. The employment relationship ends either at the end of the agreed period or ahead of schedule, of which either party must notify the other in writing no later than 3 working days in advance. If a position is reduced, the employer is obliged to notify the employee 2 months in advance, offer him other suitable positions, and pay severance pay.	If a vacant position for which the duties were performed in combination is eliminated, no guarantees or compensation are provided to the employee who performed these duties.

* An employee can perform additional work by combining positions (professions) at the main job or part-time. As a result, different schemes for organizing his work activity are possible:

1. The employee works at the main job and performs additional work in order to combine positions.
2. The employee works at his main job and part-time.
3. The employee works at the main job, part-time, and at the part-time job, performs additional work in order to combine positions.
4. At the main job and part-time, the employee performs additional work in a combination manner.

The legislative framework for part-time work is summarized in and. The following are also dedicated to combining professions (positions).