Hello! In this article we will talk about full-time part-time work.

Today you will learn:

1. What is part-time work and how does it differ from combination?
2. What types of part-time jobs exist?
3. Is it possible to employ a part-time worker full-time?
4. What are the features of personnel registration?

A separate chapter in the Labor Code (44th) is devoted to part-time work, which contains as many as seven articles on this issue (Articles 282 - 288). This suggests that part-time work is far from a rare event in our country.

It very often concerns health workers, pharmacists, teachers, accountants, cultural workers and many other categories of working citizens. At the same time, an ordinary employer with a small staff does not deal with part-time workers every day - let’s refresh our memory on this information.

What is part-time work?

Part-time job – the employee performs other paid regular work with the signing of an employment contract, during time free from work at the main place of employment.

This definition is very comprehensive and gives a clear idea of ​​the conditions when work will not be considered part-time work.

Let's give examples.

Example	Why is it not a part-time job?
1. The girl officially works as a laboratory assistant at a research institute. On vacation he participates in the Greenpeace movement	For the second type of activity the girl does not receive wages, and performing a second job on a paid basis is an indispensable condition. This is an example of volunteering
2. The company’s accountant temporarily performs the functions of a cashier while the latter is on vacation	There is no regular nature of work. This is a combination
3. An economist also performs the functions of a programmer within one eight-hour working day	The two jobs do not follow one another, but are performed in parallel. Here we are also talking about combining

It is noteworthy that a part-time worker can have as many additional official jobs as he wishes. The law does not specify any limiting figure.

The only limiting factor is that there are only 24 hours in a day. The part-time worker is not obliged to notify the main employer about his subsequent employment. As for working hours, here, on the contrary, there is a limitation: the length of the working day at a non-main job must be within 4 hours daily.

Types of part-time jobs

For part-time work, you can accept both external and internal part-time workers.

Let's present their differences in the table.

Type of part-time job	Internal	External
Employer	A person occupies a second position at his main place of work	The work is "on the side"
Design features	In the TD for non-core work, it is necessary to note that this is a part-time job
	— Registration of a new TD is mandatory; — Two personnel numbers are created; Of course, no personal documents are required, since all of them are already in the personnel department	— TD The employee presents: - Passport; — SNILS, INN; — Diploma (if qualifications are important); — Certificate about the nature of the main work (to make sure that the first one is not related to harmful substances, dangerous conditions)
	All primary documents are prepared. In the employment order, in the personal card, a note is made about the part-time nature of the work
	A woman works as an accountant in a supermarket - this is her main occupation. A separate agreement was also concluded with her, which included a second position - cashier. In the afternoon she sits at the cash register in the shopping area	A pediatrician sees children at a children's clinic in the first half of the day, where he is officially employed and where his work record book is kept. In the afternoon, the doctor sees patients in a private clinic, where he is also officially employed

When part-time work is prohibited

The law describes situations in which a person cannot have a second official work simultaneously with the first:

• Minor age. This limitation is natural, because the law prescribes restrictions on the workload of persons under 18 years of age;
• Harmful or dangerous working conditions - at both jobs. For example, a man cannot work half a day as a fireman and half a day as a miner;
• Drivers of vehicles. The logic is that drivers are responsible for people's lives, and lack of rest will reduce the overall level of safety;
• Deputies of the State Duma of the Russian Federation cannot officially engage in work other than lawmaking. Exceptions: teaching or scientific activities;
• Heads of companies cannot simultaneously be members of internal organs control. For example, the general director is also prohibited from serving on the audit committee;
• Managers cannot be part-time workers in other companies, unless they have received written consent from the owner of the enterprise;
• Employees of law enforcement agencies, employees of the Bank of Russia.

Can a part-time worker work full time?

As a general rule, the law does not allow this. From the logic of the concept itself it follows that additional labor should only “adjacent” to the main activity and occupy a limited number of hours.

This amount is specified in the labor code and is, as already mentioned, no more than 4 hours daily. For most categories of workers, full-time work means a 40-hour work week, a five-day week, with 8 hours of work daily. Thus, with an eight-hour working day, 4 hours will be half, that is, half the time.

There are a number of exceptions to this rule, where full-time part-time work is still permitted.

Exception for certain days

It is permissible to work all 8 hours, provided that the person’s main job has a day off, a day off or a vacation (the latter of the above - if the employee did not want to go on vacation for a non-main job) (Article 284 of the Labor Code). We are talking about specific days. Of course, if an employee spends 8 hours a day at a non-core job for a month or more, there is a violation of current legislation.

It is important to consider that the total number of hours worked per month at the second job should be half the monthly norm at the first job.

Example. Petrov works as a programmer; at his main place of work, his hourly rate for August 2017 was 184 hours. At his second job, where he holds a part-time position as an economist, according to the law, the hourly rate in August should not exceed 92 hours (184/2). At the beginning of August, at his first job, Petrov had five non-working days consecutively for 8 hours each (weekends plus days off) - that is, he worked there for a total of 40 hours. Consequently, this month, as a part-time worker, he has the right to work only 52 more hours, if we subtract the actually worked time from the allowed time (92-40).

Exceptions in which hour restrictions are completely removed

The following situations are distinguished:

• The employee temporarily stopped working due to the fact that the main employer delayed payment of wages for more than half a month. In this case, the decision on suspension must be in writing;
• The part-time worker was temporarily suspended from his main job due to health reasons. The employee is required to provide a medical report as confirmation;
• A part-time worker belongs to the category of “teachers” or “ medical workers" An exception applies if the municipality is in dire need of specialists in this field.

Part-time worker's remuneration

A part-time employee should not receive less for any reason other than due to fewer hours worked. Any infringement of rights from the series “he is from the outside” is a gross violation of the Labor Code.

An employer can pay a part-time worker’s salary in two ways And:

• By number of hours. The amount that an employee in this position should receive per hour according to the tariff schedule is multiplied by the number of hours worked.
• Based on the amount of work completed.

If an employee is very valuable and the employer seeks to reward him, it is possible to give him a bonus. The amount is at the discretion of the employer. The basis for bonuses may be extensive work experience or high level qualifications.

Part-time workers - personnel issues

In general, the law protects part-time workers in all aspects of their life at the enterprise.

• Vacation. A part-time worker has the right to go on leave from both jobs at the same time. This gives you the opportunity to take a break from both jobs at once. Employers cannot prevent this.

A part-time worker has the right to leave from a non-main job, even if he has not yet worked the required six months.

• Sick leave. In case of internal part-time work, the employee is required to submit only one sick leave certificate, in case of external part-time work – two. The second document notes that it is intended for part-time work, and indicates the details of the main sick leave. Thus, each employer calculates and pays “its share” in proportion to the time worked;
• Business trips. As a general rule, an employer can send an employee on a work assignment at almost any time. In the case of part-time workers, there is a limitation - travel is possible only during time free from the main place of work.
• Dismissal. To dismiss a part-time employee, you can use the same grounds as for dismissing a main employee. As a general rule, a part-time employee cannot be fired if he is on maternity leave, on vacation or on sick leave.

Internal part-time and combination - what's the difference

Many problems with paperwork could be avoided if personnel officers were well aware of the differences between these concepts. They require a different approach. Let's present their features in the table.

Criterion	Int. part-time job	Combination
Separate AP	Required	Not required. It is enough to issue an order or instruction
Time distribution	Tasks are completed within their own time frames	Tasks for both positions are performed simultaneously
Regularity	Regular work	It is temporary. As a rule, it is performed during the absence of the main employee. Combines with main work
Example	A physical education teacher conducts his lessons during the day and leads a sports section in the school gym in the evening.	The HR manager helps in the training department of the enterprise, temporarily replacing a sick employee. At the same time, he still does his HR work

For many workers today, working in one company is not enough, and they find work in several organizations at the same time, doing part-time work. Is this legal, and can an employer prohibit its employee from doing part-time work in other companies? Read our article about how to correctly apply for part-time employment and other legal requirements for this category of workers.

Part-time work: requirements of the Labor Code of the Russian Federation

Let's start with the main thing: the employer does not have the right to prohibit his employee from carrying out part-time work in other organizations. This requirement is spelled out in the Labor Code of our country in Article 60, Article 10, Chapter of the Code: “An employee has the right to enter into employment contracts to perform other regular paid work for the same employer in his free time from his main job ( internal part-time job) and (or) with another employer (external part-time job).” In other words, no employer can prohibit its employee from working two, three or even four jobs in other organizations on weekends, before and after the main job, and to do this officially and on permanent basis, with the execution of an employment contract.

As stated in the Labor Code, part-time work can be internal and external. If an employee works in different companies, then this is an external part-time job, and if in the same organization, this is an internal job. In our country, part-time work is becoming increasingly widespread today - many people combine another occupation with their main occupation, and they are usually driven by the desire to earn more.

General provisions on part-time work are enshrined in Article 282 Labor Code countries. If a person performs this or that part-time job in your company, the law requires his official registration, like any other employee of the company.

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• Persons under 18 years of age;
• Persons involved in work with harmful and dangerous working conditions, if the main work is also associated with harmful and dangerous working conditions.

It is not explicitly stated in the law, but there may be other restrictions on part-time work. For example, the head of one organization will no longer be able to head another organization, entity– such a requirement may be specified in the charter. Some employers decide to limit the ability of employees to work part-time in other organizations and include a special condition in the employment contract, which clearly states the ban on part-time work in other companies. According to experts, such prohibitions are illegal, and an employment contract with such conditions will not have legal force, since it worsens the position of a company employee compared to current laws countries.

For some categories of workers, for example, medical and teaching workers, the conditions for part-time work are established by separate laws and government regulations. In particular, in the Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.” This document regulates working time standards for this category of persons, lists types of work that are not part-time jobs and do not require the execution of employment contracts.

Applying for part-time work

Applying for a part-time job is generally no different from applying for a main job. According to Article 283 of the Labor Code of the Russian Federation, the employee must present to the employer a package of documents:

1. Identity document;
2. Education document or a copy thereof (if part-time work requires confirmation of your qualifications or special knowledge);
3. Certificate about the nature and conditions of work from the main place of work (required only if part-time work will involve harmful or dangerous working conditions);
4. Work book or a copy thereof ( work book The employer also has the right to demand. But if the original is located at the place of main work, then the employee must take an extract certified by the personnel department. The extract must be issued upon the employee’s request).

After submitting a package of documents, the part-time employee must sign an employment contract with the company. To begin with, the employee writes a job application, and the company draws up an employment contract. After both parties - the employee and the employer - sign the employment contract in two copies, a The order of acceptance to work. After which, in the HR department, a personal card is created for the part-time employee, as is the case if any other employee is registered with the company.

Since the work book of a part-time employee is located at the new employee’s main place of work, an entry about part-time work is made at the request of the employee at the main place of work. To do this, you will need to bring documents to the HR department that will confirm the fact of working part-time. For example, an order for employment.

An agreement on part-time work is drawn up on the basis of a traditional employment contract of a company and must necessarily include the subject of the agreement, the rights and obligations of the employee and the employer, working hours and rest periods, terms of remuneration, guarantees and compensation, responsibilities of the parties, conditions for termination of employment agreement, as well as details and signatures of the parties.

But there are also some points that must be included in an employment contract for part-time work. In accordance with part four of Article 282 of the country’s Labor Code, the employment contract must necessarily indicate that the job is a part-time job. Also, the employment contract must contain information about the term of the contract - it can be fixed-term or indefinite; if the parties have agreed on a specific period, then it must be indicated in the contract.

Just as in the case of concluding a simple employment contract, a part-time employee may be assigned probation, this condition must also be reflected in the employment contract.

After an employment contract with a part-time employee is concluded, the employee must be familiarized with the Internal Rules labor regulations, job responsibilities and other documents that are in any way related to his work activity.

Part-time work: main features

In addition to registration and entry into the work book, there are a number of features of part-time work. They need to be remembered by people who work in several organizations at the same time and by employers who hire part-time workers.

• Many specialists working part-time are concerned with the question: is it mandatory to notify the main employer about outside work? According to the rules, the employee is not required to notify the employer, but there are exceptions. They apply to athletes and coaches: if they take another job as athletes or coaches, they are required to notify the employer from their main place of work and obtain permission from him for the combination. This requirement is stated in part one of Article 348.7 of the country’s Labor Code. Also, permission to work part-time must be obtained by the head of the organization from the owner of the property of this company. This requirement is enshrined in Article 276 of the Labor Code of the Russian Federation.
• Article 284 of the country’s Labor Code strictly regulates the duration of work for part-time employees: work time should be no more than four hours a day. But at the same time, the law states that if on certain days an employee is free from performing work duties, for example, if he works on a 2/2 schedule and after two working days he has two days of rest, then on such days off main job, a person has the right to work part-time full shift or full time.
• Also, Article 284 of the country’s Labor Code strictly regulates the duration of working hours for an accounting period, for example, a month. Thus, the duration of working hours should not exceed half of the monthly norm established for this category of workers. For example, if the usual monthly working hours are 160 hours per month (40 hours in a five-day work week), then for a part-time employee the norm would be 80 hours per month (20 hours of work per week).
• Work under a civil law contract is not a part-time job, primarily because these contracts are not labor contracts. Therefore, the duration of working hours is not legally fixed if a person works under civil contracts.
• Remuneration for company employees working part-time is made either depending on the time worked, or depending on the volume of work performed - this condition must be specified in the part-time employment contract. If a person works part-time in regions of the country in which special regional coefficients or other wage premiums have been established, then his wages must be calculated taking into account all such premiums. This requirement is enshrined in Article 285 of the Labor Code of the Russian Federation.

IN last years We are increasingly faced with such concepts as combination and part-time work. The difference between these terms is invisible to most workers. In reality, the concepts differ greatly from each other in terms of design and wages. Those who are planning to increase their income should know the difference between part-time and part-time jobs.

Definition of concepts

The concept of “combined work” refers to those cases when an employee of a particular organization is involved in performing the duties of several positions during the working day. At the same time, he also manages to work in his main position.

What is the difference between a combination and a part-time job? Part-time work involves regularly performing job duties in a non-main position in free time. Part-time work can be internal or external. The concepts of external and internal combination do not exist.

Internal and external part-time work

With internal part-time work, an employee performs duties in other positions at the same enterprise. This increases working time. The search for such vacancies may take an indefinite period of time.

With external part-time work, the employee can get a job at another enterprise. He can work only in his free time from his main job. The names of additional professions, as a rule, are very different from the main ones.

Features of performing part-time job duties

A part-time worker is required to fully perform both primary and additional work. There may be two or more jobs. The work schedule of a part-time worker has its own characteristics. Working time is taken into account in the timesheet. If the job involves internal part-time work, an employee of the organization may be assigned an additional personnel number. Payment for labor is made according to the contract.

The working time of a part-time worker should not exceed 50% of the normal working time. That is, if the main employees have a 40-hour workload per week, then for part-time workers this figure will be no more than 20.

Employees of enterprises performing part-time work may be sent on business trips. With internal part-time work, there are no problems with organizing working hours. But with an external one, an employee can be sent on a business trip only when he is free from performing his main job duties. If it is not possible to reschedule a business trip, employers enter into an agreement on the procedure for performing work by the employee.

The legislative framework

The main document that regulates the performance of additional work is the Labor Code of the Russian Federation. Issues related to part-time work are contained in 60 (1), as well as 282-288 articles. Articles 60 (2), 151 regulate combinations. The Labor Code of the Russian Federation, both in case of combination and part-time work, requires written consent of management and employees. This rule applies to internal combinations and part-time jobs of any type. Hiring procedures must be prescribed in the internal documents of the organization.

Registration process

Enrollment into the organization's staff occurs by order. The order is signed by the director and agreed with the human resources department and the immediate supervisor of the new employee.

How are combination and part-time jobs fundamentally different in the registration process? The difference is that when working part-time, a separate employment contract is concluded with the newly hired employee. It indicates the salary, working hours, as well as the fact of part-time work. At the request of the new employee, you can make a part-time job, which is located in the HR department at the main place of work.

If it is necessary to conclude a part-time employment contract, then this is not necessary when combining. You only need to provide the HR department with the employee’s consent to perform additional work in writing. It is drawn up and filed with the main employment contract. No notes are made in the work book.

Salary

Additional payment for combination is regulated by additional labor agreement. This information is also contained in the combination order. In this case, an additional payment for combining an additional position is added to the employee’s basic salary without all bonuses and allowances. Often the payment is calculated as a percentage of the basic salary. If wages are piecework, then the amount of payments is calculated depending on the volume of production. A part-time employee may be paid a bonus for an additional position.

In combination, it assumes that new employee no different from others. Salary is calculated based on hours actually worked. The payment procedure is similar to that applicable to main employees. Bonuses and allowances may be awarded. However, such an employee's salary is usually less because he works less. But if the payment is based on the work done, then it may be more than for main employees.

Part-time workers may be involved in the work. Labor legislation mentions the norm for overtime work: no more than 4 hours over a two-day period. During the year, this time cannot exceed 120 hours. Remuneration is carried out on the basis of Article 152 of the Labor Code.

Vacation

What is the difference between a combination and a part-time job in the question Combination assumes that the employee performs additional job duties without interrupting his main activity. Therefore, the amount of vacation pay is calculated based on the main and additional earnings. Leave for both the main and additional positions must be the same.

If we talk about part-time work, the employee has equal rights with the main employees. The part-time contract involves the calculation of vacation contributions on an equal basis with all employees. For example, the main employee is entitled to 28 days of annual leave. A part-time worker also has the right to 28 calendar days. This rule applies to both maternity and study leave. Part-time leave must be granted to the employee, even if his schedule is arranged to the detriment of additional work. For example, if an employee goes on legal leave at his main place of work, but the additional one is not yet due, the employer releases the part-time worker in advance. Often the number of vacation days at the main place of work is greater than at the additional place of work. Then, at the additional place of work, additional leave is issued for the difference of these days without saving wages.

Taxation

When combined or part-time income tax paid in the general manner, both from the main and additional wages. However, the amount of the tax deduction may be reduced if the employee has dependent minor children. You can take advantage of this benefit either at your main or additional place of work. Taxes levied on wages are transferred to:

• To the pension fund;
• To the social insurance fund;
• To the health insurance fund.

Termination of employment relationship

Employment contract a part-time agreement can be terminated both on a general basis and upon expiration of its validity period, if we talk about a fixed-term agreement. By decision of the manager, the contract can be terminated unilaterally. This can happen if the staff is enlisted new employee, who will perform the duties of a part-time worker as the main ones. However, the part-time worker must be notified of this decision in writing 14 calendar days before the expected date of termination of the employment agreement.

If the work is performed under a combination contract, termination occurs on a general basis and, as a rule, after the expiration of its validity period. These jobs are temporary. An employee of an organization has the right to refuse to perform additional work duties even before the expiration of the agreement. The employer himself can exempt an employee from additional work. In this case, the employee must be notified in writing of the termination of additional duties 3 calendar days before termination of the agreement.

Part-time work and combination of professions

External part-time workers have the right to work at least two completely different professions. Also, part-time and combination of positions can be in the same or similar professions in terms of job responsibilities. These issues are not clearly spelled out in labor legislation, since part-time workers perform duties in agreement with management. The part-time worker is obliged to fully perform both the main and additional work. It is important to note that usually combinations within the same organization can be in the same job categories. In some cases, managers allow combinations of different positions and professions.

Combination and part-time work of teaching staff and enterprise managers

Russian labor legislation does not mention the imposition of clear restrictions on part-time and part-time work for managers of enterprises and organizations.

For example, if the organization is small, the CEO may also perform the work of an accountant or other in-house specialist. In this case, part-time work is formalized by general rules. Payroll for performing duties for an additional position will be calculated on the basis of work performed. The amount of time is not taken into account since job duties are performed as part of a normal working day. It is necessary to provide the bank with sample signatures of both the head of the enterprise and the accountant. If these positions are shared by one person, then only one sample is required.

Teachers at educational institutions at various levels also have the right to combine positions. Combination and part-time teaching staff can be registered in one or several organizations at the same time. Work can only be performed if the requirements established by labor legislation are taken into account. According to the Labor Code, a teacher can work at least 16 hours a week. If the combination occurs during the holiday period, the work is paid according to the usual scheme.

Who cannot work part-time

Not all categories of part-time workers can perform work in additional positions. According to Russian labor legislation, the following cannot be accepted for part-time or combined work:

• minors;
• police and prosecutors;
• employees of municipal, state and government organizations;
• employees of the intelligence service, FSO, federal field communications;
• managers without the consent of the owner of the enterprise;
• judges;
• lawyers;
• persons included in the Board of Directors of the Central Bank;
• persons performing heavy work;
• persons working under hazardous working conditions;
• persons involved in work related to driving vehicles.

By agreement with management, employees can be internal part-time workers, but only in the same category or industry of the organization. It is also important to take into account the fact that employees must have the necessary level of qualifications and skills.

What is beneficial for the employee?

So, we looked at what combination and part-time work are. The difference between these concepts is significant. But which type of work is more beneficial for an employee?

The process of registering a combination is simpler and faster than a part-time job and does not require collecting the main list of documents and certificates. There is no probationary period, since the employer already knows how the employee performs his duties. Additional and main work is performed within one working day.

For part-time jobs, a number of restrictions have been established related to positions held and working conditions. A probationary period may also be established. Part-time work can only be done in free time.

Based on the above, we can conclude that combination is more profitable. But it may seem so only at first glance. When combined, the employee almost fully performs other work. In other words, he works for two. In this case, the amount of additional payment, as a rule, does not exceed 50% of the official salary. In fact, the employee receives no more than half of the money that he is actually entitled to. The main advantage of part-time work is that the employee receives no more than 50% of the salary, but with all bonuses and allowances. However, his work is not so intense. When working part-time, social guarantees are also provided. Another advantage is paid sick leave. In case of part-time work, the employee receives payment for both places of work.

What are the benefits for employers?

Obviously, for employers themselves it is more profitable to register a part-time job. The salary of one employee will be less than for two employees. The combination is also beneficial, since the employer is already familiar with the employee and has an established opinion about him and his work qualities and professional skills. The manager will probably entrust the part-time worker with work that he can fully handle.

Part-time work is also beneficial, especially for those enterprises that are on the verge of bankruptcy. It is more profitable to employ part-time employees than to pay salaries to main employees during periods when there is no work at all. It is difficult to transfer key employees to a short-time work schedule. At the same time, the employer pays much less taxes for part-time workers, which means his additional costs are reduced.

Nowadays, we increasingly hear such concepts as combination and part-time work. The difference between them is quite big, but there are also similarities. Combination and part-time work are ways to earn extra money. Part-time or part-time work should in no case be performed to the detriment of the employee’s health or his main position.

A part-time worker is an employee who, in his free time from his main job, performs other work under a separate employment contract. Part-time work involves doing work in your free time from your main activity. For this purpose, a separate employment contract is drawn up. For more details, see Part 1 of the Labor Code of the Russian Federation.

Part-time work can be internal and external. In the first case, the work is carried out at the place of main activity, and in the second - in other organizations.

How to apply for a part-time job

The article will help you find out how to formalize a part-time job, an agreement for external and internal part-time work, hiring a part-time worker, who can be one and what labor guarantees such employees are entitled to.

Many citizens prefer to combine time free from their main activities with additional responsibilities. Sometimes it involves performing similar processes. And sometimes it affects completely different areas of activity. About who can work part-time and under what conditions, as well as about labor rights and guarantees we will cover in this article.

A certain number of part-time places, limited by law, is not provided for. A citizen can work in this way in as many organizations as he wants, if he has the time and opportunity to do so.

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What to do if an employee working part-time in an organization quits his main job

A part-time worker is an employee who, in his free time from his main job, performs other work under a separate employment contract. Consequently, as soon as an employee leaves his main place of work, he loses his part-time status.

At the same time, based on the provisions of the current legislation, the mere fact of dismissal of an employee from his main place of work:

• is not a basis for the dismissal of a part-time worker, since the legislation does not contain such a basis;
• is not a condition for the automatic transfer of an employee from a part-time job to his main place of work.

The provision for part-time work is a mandatory condition of the employment contract (Part 4 of Article 282 of the Labor Code of the Russian Federation). Changing the terms of an employment contract is permitted only by agreement of the parties and in writing (). The legislation also does not contain a special provision that would oblige the employer to renew the employment contract from part-time work to the main job. Consequently, part-time work can be transformed into the main one only with mutual consent employer and part-time worker. Both Rostrud and the courts point to this (letter of Rostrud dated October 22, 2007 No. 4299-6-1, ruling of the Moscow City Court dated September 21, 2010 No. 33-29345).

The law does not oblige an employee to notify the employer for whom he works part-time of his dismissal from his main job. Likewise, the employer has no obligation to check whether the employee has a primary place of work and require supporting documents. Therefore, a situation is possible where the employer does not even know that the employee has quit his main job.

If the employer nevertheless becomes aware of the employee’s dismissal from his main place of work, then the employee’s transition from part-time work to his main job should be formalized. The fact is that an employee’s concealment of the fact of dismissal from his main place of work may in the future call into question the legality of labor relations.

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Who cannot be accepted part-time

The following categories of citizens do not have the right to work part-time:

1. Persons who have not reached the age of eighteen.
2. Employees of the prosecutor's office, with the exception of those engaged in creative, scientific or teaching activities.
3. Citizens whose work is recognized as dangerous or harmful, and they want to work part-time in similar conditions.
4. Judges, with the exception of those engaged in creative, scientific or teaching activities.
5. Persons whose work is related to vehicle management and they want to carry out part-time activities in a similar area. Full list professions on this item is reflected in the Government Decree Russian Federation No. 16 dated January 19, 2008

If an employee who is prohibited from performing part-time work is nevertheless hired, then he should be dismissed on the basis of a violation of the rules for concluding an employment contract in accordance with.

A person carrying out part-time activities has the right to the following guarantees and compensation in accordance with the Labor Code of the Russian Federation:

• Annual additional paid leave.
• Reduced working hours.
• Increased wages.

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Frequently asked questions on the topic: part-time work

Question 1: Can the same person be an accountant both in the main organization and part-time?

Answer: Yes. If he has time for this. The law does not restrict this type of activity.

Question 2: Can a military man work part-time?

Answer: No. With the exception of those engaged in creative, scientific or teaching activities. In addition, this work should not interfere with the conscientious performance of official duties of the military personnel.

Question 3: Can the head of a municipal unitary enterprise be a part-time worker?

Answer: No. He has no right to engage in any paid work, with the exception of creative, scientific and teaching activities.

Question 4: Can the same person be a taxi driver for two different companies?

Answer: No. As already noted at the beginning of the article, persons whose work is related to management vehicle cannot carry out activities in this area part-time.

Question 5: Can the same person be a driver for one taxi company and a dispatcher for another?

Answer: No. Can not. According to the law, a person associated with driving a vehicle and controlling the movement of a vehicle cannot carry out such activities both in his main job and part-time.

Question 6: Can an employee be hired part-time in the same company and for the position that he occupies in his main job?

Answer: Yes. An employee may enter into employment contracts to perform work during his free time from his main activity with the same employer.

Question 7: Does the general director, who is the sole founder of a commercial company, have the right to work part-time in another organization?

Answer: No. WITH general director who is the sole founder of a commercial organization, no contract is concluded. It turns out that such a citizen is not in labor relations either. Therefore, this general director will not work part-time, but as his main job.

Question 8: Is it possible to carry out part-time activities at work with hazardous working conditions?

Answer: If the citizen’s main activity is not related to harmful conditions labor, then it is possible.

Question 9: Can a person who works part-time in a job with hazardous conditions get a similar job also part-time?

Answer: No. But with the exception of certain categories of workers.

These include:

• Cultural workers.
• Teachers.
• Pharmacists.
• Doctors.

They have the right to carry out part-time activities only in compliance with certain conditions noted in the Labor Code of the Russian Federation.

For such persons working part-time, there are special conditions for the duration of work. Detailed information on this issue is shown in the table:

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Employee category	Working hours conditions for such a part-time worker	Base
Medical workers. Except as noted below	No more than half of the monthly working time according to the length of the working week	Paragraph 2 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Medical workers with half the standard working hours at their main place of work are less than 16 hours a week	No more than 16 hours per week	Paragraph 3 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Doctors and nursing staff in areas with staff shortages	No more than the monthly working hours established by federal or local authorities	Paragraph 4 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Junior medical staff
Pharmaceutical workers, with the exception of junior pharmaceutical personnel	No more than half the monthly working time based on the length of the working week	Paragraph 2 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Junior pharmaceutical staff	No more than a monthly standard working time based on the length of the working week	Paragraph 5 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Teaching staff, including trainers and trainer-teachers. Except as noted below.	No more than a monthly standard working time based on the length of the working week	Paragraph 6 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Teaching staff, including trainers and trainer-teachers, whose half the standard working time at their main place of work is less than 16 hours a week	No more than 16 hours per week	Paragraph 7 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.
Cultural workers involved as teaching staff additional education, choreographers, artistic directors, accompanists, choirmasters, accompanists	No more than a monthly standard working time based on the length of the working week	Paragraph 8 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003.

IMPORTANT! Disputes often arise with labor inspectors on this issue. They express a negative opinion regarding the employment of part-time workers who work in similar conditions at the main workplace.

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Explanation of the opinions of labor inspectors:

According to the Decree of the Government of the Russian Federation No. 197 of April 4, 2013, subparagraph “a” of paragraph 1 of the Decree of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. and part 6 for the categories of workers listed in the table, certain conditions apply. There is nothing said about “harmfulness”.

Since part 6 of Article 282 of the Labor Code of the Russian Federation states that special conditions apply in conjunction with the conditions noted in the specified code and other laws.

There have been cases where such cases reached legal proceedings. However, a positive result in these cases has a greater guarantee than a negative one.

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Length of working hours for a part-time employee

The total working day for people working part-time should not be more than 4 hours a day. This is stated in the Labor Code of the Russian Federation. However, in cases where a person is not busy with his main job on a certain day, then he can work part-time full time. It is worth noting that during one accounting period, the duration of work of a person working part-time should not be more than half the standard working time for specified period(Part 1 of Article 284 of the Labor Code of the Russian Federation).

There is no need to comply with restrictions on part-time working hours in the following cases:

1. The employee no longer works due to the fact that his wages are being delayed.
2. The employee was suspended from work due to health problems. However, his position was retained for a period of up to 4 months.
3. The employee is the manager, chief accountant or deputy head of the organization and was removed from work for health reasons while retaining his position.

Question: When will part-time work be recognized as overtime?

Answer: In this situation, according to the Labor Code, overtime work is considered to be work where the working hours exceed those established for the employee.

If an employee is employed at his main place of work, then the daily duration of his part-time working day should not be more than 4 hours a day. A citizen working part-time can be busy for more than 4 hours a day if he is free at his main place of work that day.

For example, if a person is free from his main job on a certain day, then after 8 hours of part-time work, his activity will be recognized as overtime.

A part-time worker has the right to work less. Then overtime for him will be recognized as work that exceeds established norm working hours. So, if, in accordance with the employment contract, a part-time worker is obliged to work three hours a day, then overtime must be paid overtime.

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Labor rights and guarantees for part-time workers

Persons working part-time have the right to labor guarantees equally with other employees. This is evidenced by Part 2 of the Russian Labor Code.

What a part-time worker can count on:

1. Lunch break. Even if a part-time worker works part-time, he can still count on a lunch break. The employer can indicate in the contract the duration of the break (30 minutes during the work shift).
2. Annual paid leave (28 calendar days).
3. . But from one of the employers.

A part-time worker can be fired as soon as the main employee appears

One of the grounds for dismissal of a part-time employee with whom an employment contract has been concluded for an indefinite period is the hiring of a main employee.

Moreover, it does not matter at all what work schedule will be established for the employee who replaced the part-time worker. He can work, for example, part-time or part-time. The main thing is that this is the main job for the new employee.

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How to provide annual paid leave to part-time workers

The procedure for granting leave to part-time employees is provided for in the Labor Code of the Russian Federation. Part-time employees must be granted annual leave simultaneously with leave at their main place of work. Moreover, if an employee has been working part-time for the first year, he does not have to wait the required six months to receive leave. The organization is obliged to provide such an employee with leave in advance.

The part-time worker may be required to provide documents confirming the fact of leave for his main job. Such confirmation could be, for example, a copy of the order granting leave.

Duration annual leave by main place of work and part-time job may not be the same. If the leave from a part-time job is shorter, the employee can compensate for the missing part of the days by taking leave from a part-time job at his own expense.

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Special categories of part-time workers

1. Passport.
2. A copy of the education document.
3. Certificate about the nature and working conditions of the main job, if employment takes place with difficult, harmful or dangerous working conditions.

The work book is provided at the request of the employee. Entries about part-time work in the work book are made in the same way. If an employee wants to have a record of part-time work entered into the work book at his main place of work, then he must provide a document there that can confirm his part-time activity. This could be an employment contract, an extract from an employment order or a certificate. It is important that the necessary information is included there.

When registering a part-time worker, you must conclude an employment contract with him. This applies to both internal and external part-time workers. The contract must necessarily confirm the fact of part-time activities (Article 282 of the Labor Code of the Russian Federation). All other information in this document is typical. It is similar to that specified in regular employment contracts.

The procedure for hiring a part-time worker includes the following steps:

1. Issuing an admission order.
2. Registration of a personal card.

When hiring a person for different positions, a separate package of documents should be drawn up for each of them. Consequently, orders, contracts, and personal cards are created in two copies (Article 283 of the Labor Code of the Russian Federation).

An example of hiring a citizen who will work part-time.

Petrova A.P. accepted into the organization Gazprom LLC as a secretary-assistant. She will be an external part-time worker according to the employment contract.

The director of Gazprom LLC issued an order for employment in form No. T-1. At the request of A.P. Petrova, she was given a certificate confirming her employment on a part-time basis. Based on the specified document, the person maintaining personnel records at the main job makes an entry about part-time work in the work book of A.P. Petrova.

Registration of dismissal of an employee working part-time

Secretary of the organization Gazprom LLC E.V. Petrova, who worked part-time, quits due to at will. A dismissal order was issued at Gazprom LLC. As a general rule, a part-time worker can be dismissed on the grounds provided for in Article 77 of the Labor Code of the Russian Federation. In addition, the Labor Code of the Russian Federation provides additional grounds for the dismissal of a part-time worker: if an employee for whom it will be the main one is hired for the same position. In this case, the employer must notify the part-time worker at least two weeks before terminating the employment contract. This is stated in Article 288 of the Labor Code of the Russian Federation.
Familiarize the employee with the order and sign it.

At the place of main work (in the Rostneft organization), on the basis of a copy of this order, the person responsible for maintaining personnel records made an entry about the dismissal in the employee’s work book. Records of part-time work (including records of dismissal) are made at the request of the employee at the main place of work. Make an entry about dismissal from a part-time job only if it was preceded by an entry about hiring for such a job. Enter the entry in the “Work Information” section of the work book.

Indicate the date of the employee’s dismissal from part-time work (it may differ from the date the dismissal order was issued) (clause 5.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69)

In the entry, indicate that the employee was dismissed from a part-time job, indicating the full and abbreviated (if any) name of the former employer. In addition, provide a link to the article of the Labor Code of the Russian Federation, which was the basis for dismissal.

Note: An example of an entry in a work book when a part-time worker is dismissed.pdf 124 Kb

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Frequently asked questions on the topic of “working part-time”

Question 1: Should an external part-time employee present an insurance certificate of compulsory pension insurance when hiring?

Answer: No. Article 283 of the Labor Code of the Russian Federation contains a list of documents that should be presented in this case. And an insurance certificate of compulsory pension insurance in this list absent. To pay pension contributions, you will only need the details of the employee’s pension card.

Question 2: Does an external part-time worker have to present permission to operate from the main place of business?

Answer: According to general rules, this is not necessary. But some categories of workers can work part-time for another employer only with permission from their main place of business.
Thus, according to Part 1 of the Labor Code of Russia, the head of a company can work externally only with the permission of the owner of the organization, the board of directors or an authorized body.

Coaches and athletes can work part-time only with permission from the main employer. If an athlete is temporarily transferred from one employer to another, he must obtain a work permit from both places of activity.
Other categories of workers can work without permission from their main place of work.

Question 3: Is it possible to conclude a fixed-term employment contract with a part-time employee if the nature of the work implies the possibility of concluding a labor contract for an indefinite period?

Answer: Yes. But by agreement of the parties. This is possible both at the request of the employer and the employee.

Question 4: Is it permissible to include in an employment contract a condition according to which the employee will not be able to work in other organizations on a part-time basis?

Answer: No. The contract cannot include a ban on external part-time work, unless otherwise provided by Part 2 of Article 282 of the Labor Code.

Question 5: Is it permissible to establish a probationary period for an employee who previously worked part-time and is now assigned to his previous position at his main place?

Answer: Yes, if the procedure for the employee’s transition to his main job includes dismissal and rehiring. This condition should be noted in the concluded employment contract.

If the employee’s transition to the main type of activity is formalized through a conclusion additional agreement to TD, then a probationary period is not established.

The article will help you find out how to formalize an employment relationship with a remote employee while working remotely, whether a work schedule is established for him and what the procedure for dismissal is.

A person working for different employers at the same time must remember the requirements labor legislation in the field of labor regulation. The law establishes that a person, having the right to work, must rest for a certain amount of time. The Labor Code of the Russian Federation predetermines that any part-time worker is limited in fulfilling his labor obligations by a temporary limit.

Standard working hours for part-time workers for 2018

The work of persons working for several employers is stipulated by Art. 60.1. Labor Code of the Russian Federation. At the same time, the law establishes a number of features inherent in the performance of official duties by such employees. Among them are:

• Strict labor regulation;
• Calculation of wages based on the indicators established by the contract - in proportion to the time worked or based on the results of the work performed.

Duration labor activity over a certain period of time plays a significant role for this category of employees. sets maximum possible deadline presence at the part-time workplace – no more than 4 hours daily. In other words, for such an employee there is a restriction related to the standard of work in an additional position. It should not exceed half the duration of the accounting norm for this category of workers. The employment regime at the main place of work does not in any way affect the determination of the working hours of a person working part-time.

Features of the working hours of a part-time worker

As described above, part-time employees cannot work more than the established limit. At the same time, the law contains some reservations regarding the daily work of the recruited person:

• He can work a full shift if he is free on a certain day. main job(the main thing here is compliance with the accounting norm for a month or other period);
• The restrictions disappear if the employee suspended his work at his first job due to non-payment of his due salary or was removed from it due to a medical condition.

Thus, a part-time worker can work full-time for another employer in exceptional cases.

Working time tracking for part-time workers

When applying for a job, an agreement is concluded between the employer and the applicant, which spells out all the basic provisions provided for in Art. 57 Code. The work schedule of the part-time worker must also be specified in the employment contract.

However, to ensure payment of wages to such an employee, any organization keeps records of the time he worked. It is carried out in a special report card. This document has a unified form, which was developed and approved by Resolution of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. It reflects information about each employee registered in the organization and his production rate. This means all his appearances and absences from the workplace, the days actually worked and the number of hours for the specified period of time, and the corresponding symbols are indicated.

This timesheet is filled out by the person responsible for this, signed by the personnel officer and the head of the organization, after which it is transferred to the accounting department for calculating wages to workers.

Reducing working hours for part-time workers

It is not uncommon for an enterprise to change working conditions so that all employees can work and receive a certain salary. This involves changes in organizational or technological working conditions, when it is impossible to maintain previously established provisions related to the activities of workers.

As for the main employees, everything is clear here; it is necessary to comply with the procedure established by Art. 74 Code. But what to do with part-time workers? Is it possible to reduce their working hours, since they are no longer working at full capacity?

According to Art. 287 of the Code, these workers are subject to almost all guarantees and compensation related to their work activities. This means that the standard of work established for any part-time worker is a normal, full-fledged position for him. In this regard, the rule on changing the terms of the concluded agreement at the initiative of the lessor may also be applied to the part-time worker. In this case, it is important to follow the procedure established by the Code:

• Notify the person about possible changes at least 2 months in advance;
• Obtain consent to continue working under new conditions;
• If he refuses, try to find and offer him another position;
• If all of the above does not suit the employee, the contract with him is subject to termination.

To summarize, a part-time worker is a full-fledged employee who is subject to all legal norms, even if some differ from the generally accepted ones.

Overtime and part-time work

Because For this category of employees, the maximum permissible number of hours for performing work duties has been established, then a natural question arises: is it possible to attract an external part-time worker to work overtime?

Based on the provisions of the law, it turns out that it is possible to get overtime work. However, the employer will need to comply with all legal requirements in this area:

• Exceptional situations are necessary;
• Obtaining employee consent;
• Accountability to the trade union;
• Compliance with time limits;
• Providing additional payment to the employee.

As a rule, key employees of the organization receive overtime hours.