Part-time employment is a form of secondary employment. Guided by the rights provided by the Constitution, citizens have the right to freely and at their own discretion to dispose of their labor abilities. Prohibitions and restrictions are possible only in exceptional cases and only when provided by law. Internal and external part-time job involves work outside the main working hours. The article offered to your attention tells how to properly arrange an internal part-time job, contains a sample of an order for employment, tells about some topical issues.

Internal part-time job: the difference from external and from combining professions (positions)

The legislation provides for several ways to additionally work - combining positions, as well as external or internal combination. Despite the generality of legal consequences, these types of labor relations differ in the requirements for their registration. So, when combining, unlike part-time jobs, a new employment contract is not concluded. The entrusted "new" job (combined) is performed within the framework of an existing labor agreement. In this case, the parties can sign an additional agreement to the main employment contract. This, it should be noted, is one of the reasons that part-time jobs can be both internal and external (for another employer), and the combination cannot be external. When working for another employer, a mandatory requirement will be to conclude a new employment contract (with a new employer). And the fulfillment of labor duties for different employers within the same time is not provided for by law.

Legal restrictions

Expert opinion

Andrey Leroux

Over 15 years of experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure

A number of articles of the Labor Code establish bans on attracting workers to internal part-time... So, Art. 282 of the Labor Code prohibits attracting for part-time jobs:

• underage workers;
• workers employed in hazardous industries under the main contract to similar work on a part-time basis;
• workers with dangerous working conditions under the main contract, to work on a part-time basis, if it also belongs to the category of dangerous.

Art. 329 of the Labor Code of the Russian Federation prohibits the involvement of drivers and vehicles and dispatchers in managing the operation of vehicles, if the part-time job will also be related to driving.
In addition to the Labor Code, restrictions on internal part-time employment exist in a number of framework laws regulating the activities of certain state structures... So, in accordance with specialized regulations, operational employees of the Ministry of Internal Affairs and its divisions, prosecutors, judges, as well as officials of state and municipal bodies cannot be involved in internal part-time jobs.

Registration of internal part-time job

Since the internal part-time job provides for another job, then when registering an employee, the following main points must be taken into account:

• the presence of a position in the staffing table,
• the need to draw up a new employment contract,
• issuance of a job order,
• separate accounting of hours worked.

Despite the fact that the staffing table is not mandatory for the employer, it is not possible to carry out activities without this document, even if there is even a minimum staff of employees. All positions occupied by employees or those that are only planned to take should be taken into account in the staffing table. The position for which it is supposed to be part-time must also be in the staffing table.

The only document that, according to the law, is required when applying for a part-time job, besides the employer, is a document on education. But also only in cases where such a document is mandatory for the performance of such work (for example, according to job description). Of course, in the absence of such a document in the personnel department of the employer, where it can be in connection with the performance of the main work. Accordingly, the rest of the documents for the employee in the personnel officer should already be.

An employment contract for the performance of part-time work is concluded in accordance with the general rules stipulated for employment contracts. At the same time, in addition to the basic information and conditions that must be included in it, the contract must indicate the nature of the work - part-time.

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

A part-time employee must not perform work at an additional place of work for more than four hours a day, which is regulated by Article 284 of the Labor Code of the Russian Federation. Due to this temporary restriction on the performance of part-time functions, Article 91 of the Labor Code of the Russian Federation introduces requirements for organizing the accounting of working time spent by an employee on part-time activities.

Here it is worth noting that in the case of unemployment in the main job, the total worker still cannot exceed the eight-hour norm established by law. Normally, in two jobs, an employee would work twelve hours. Since the payment of internal part-time jobs is made in proportion to the working hours worked, an additional four hours will also be paid to the employee.

The Labor Code of the Russian Federation connects with the possibility of concluding a fixed-term employment contract. Of course, it is not necessary to conclude an agreement for a period of time, and such an agreement may be unlimited. But if the parties decide to indicate the term of the contract, and this is already a rule for fixed-term contracts, then a separate clause in the contract must indicate the basis on which the fixed-term contract is concluded - part-time employment.

An order for hiring a part-time job is drawn up after the signing of an employment contract and on the basis of the information contained therein. As well as it is necessary to indicate the term and nature of the work. In the event that the part-time contract is urgent, you will need to indicate the date of termination of the contract. Since the working hours of a part-time worker will differ from the mode of other employees for whom it is established by local regulations (collective agreement, internal labor regulations), the time for starting work and ending work for a part-time worker must be indicated separately. These conditions are also included in the order on the basis of an employment agreement.

The order, which formalizes the admission on the terms of internal part-time job, must contain the following information:

• Full name of the entrepreneur (name of the employer),
• number and date of the order,
• Full name of the employee hired,
• the position for which the employee is hired,
• subdivision (department, section) to which the employee is accepted,
• date of commencement of work and end of work (for a fixed-term contract),
• duration and mode of working hours,
• probationary condition,
• the signature of the individual entrepreneur (manager) in the order,
• an employee's signature on familiarization with the order.

The law does not oblige the employer to enter information about part-time jobs in the employee's work book. However, by virtue of Art. 66 of the Labor Code of the Russian Federation, he will be obliged to do this if the employee wishes for it. To correctly arrange an internal part-time job, see the sample order for employment.

Combining one position: how to properly arrange

It sometimes happens that for a long time, any workplace... At the same time, other employees with sufficient qualifications and experience to take this place work in the organization in similar positions. For example, in the planning and economic department there is a vacant place for an economist. At the same time, the same department employs several people holding the same position of economist. In such cases, employers ask themselves the question: is it possible to have a combination of one position, and how to arrange it.

When deciding on the acceptance of an employee for a position identical to the one in which he already performs his labor duties, one must bear in mind that the question of the possibility of combining jobs in the same positions is controversial. This uncertainty arose in connection with the adoption of numerous amendments in 2006 to the Labor Code of the Russian Federation. If in the previous edition this normative act directly prohibited such combination, then there are disagreements with the interpretation of the current provisions of the code. The well-known letter of Rostrud dated June 18, 2012 No. 873-6-1 did not change the situation either.

The crux of the problem lies in the fact that, in accordance with labor law, part-time jobs are understood as the performance of “other” work by employees. Some specialists understand this term as work under another employment contract, while others mean work that implies the performance of other labor functions. Rostrud's letter only stated the fact that the previous norms were canceled (Art. 98 of the Labor Code of the Russian Federation became invalid), and new ones were introduced - Art. 60.1 of the Labor Code of the Russian Federation. No interpretation of the newly introduced norms can be seen from this newsletter.

As a result, the employer is forced to act at his own peril and risk. As in every uncertain situation, the employer, when deciding on a combination of jobs for a similar position, must proceed from the inadmissibility of infringing on the basic labor rights of the employee. The Labor Inspectorate, when conducting an inspection, will carefully evaluate each such case. And if, for example, it turns out that by concluding such an agreement, the employer sought to deprive the employee of the right to increased pay for overtime work, then the inspectorate will issue a resolution to impose a fine. Therefore, in all cases, recruitment for the same position must have objective and legal grounds. Such work should be beneficial to the employee and be performed with his consent.

Registration of such a combination takes place according to general rules for hiring part-time workers. At the same time, a corresponding similar vacant position should be provided for in the staffing table. When drawing up a contract, you need to pay attention so that the start and end time of working hours under the new agreement does not overlap with the hours at which the employee will be engaged in his main job. Otherwise, it will no longer be a combination, but a combination.

The order form for admission on the basis of internal part-time employment can be downloaded from the website.

Any adult Russian can work part-time. The legislation does not prohibit carrying out activities in several positions and even in different areas... Such employees are considered full-fledged members of the team. They have the same responsibilities as their colleagues, but with a few differences. For more details on how to arrange an internal part-time job at a company, read below.

If an employee performs tasks not only those that are due to him according to his official salary, but also has additional responsibilities, then he is a part-time job. That is, it has secondary employment. In order to register a part-time job, employment must be permanent, paid, formalized by an agreement. If one person performs work in two positions at the same time, then we are talking about an internal part-time job. If an employee works at two firms at once, then outwardly part-time job takes place.

Part-time jobs can be within the framework of one position, but with a double salary. In this case, the employee simply takes on the extra hours of work.

Legislation

According to the Labor Code of the Russian Federation, any citizen has the right to take on additional labor duties in his free time from work. This type of relationship is called part-time. It means that the employee officially takes on additional responsibilities.

"Combination" and "combination" are different concepts. In the first case, we are talking about the fact that the person takes additional hours of work, and in the second - about the fact that the employee must perform all duties during working hours for an additional payment.

Who can NOT become a part-time job?

Before properly registering an internal part-time job for an employee, you need to make sure that he is not included in the group of exceptions. The fact is that not every citizen can be a part-time worker. Exceptions include:

• minors (persons under the age of 18);
• representatives of professions with a high level of responsibility (lawyers, judges, transport workers, special services);
• employees of state and municipal organizations;
• military personnel;
• persons working in difficult conditions;
• members of the Government of the Russian Federation.

If a vacancy appears in the company, the employer can offer a specific employee to become a part-time job. The last word will remain with the employee.

How to apply for an internal part-time job: preparation

Since the internal part-time job provides for an increase in wages, this type of activity should be formalized on the basis of a written agreement. The TC provides clear instructions for concluding an agreement. First, the employee concerned must write an application addressed to the employer. A sample document can be taken from the accounting department. Secondly, before registering an internal part-time job with one employer, the personnel department may require documents confirming the employee's qualifications. But they do not have the right to re-demand a passport or labor. The employee provided these documents at the initial request.

Contract

If the application is approved by the director, then a special employment contract will be concluded with the employee. It must state that the written agreement applies exclusively to part-time work. You should also indicate:

• hours of work for the new position;
• list of responsibilities;
• rest mode;
• the procedure for receiving salaries;
• terms of termination of the contract;
• validity period of the document;
• the period of the leave.

Such a document is valid for a clearly limited time. At the end of the specified period, you will need to go through the registration procedure again. Fixed-term contracts are drawn up for the period:

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

A fixed-term contract can be concluded not only with a part-time employee, but also with employees who:

• perform seasonal work;
• are sent to work abroad;
• works in a small enterprise of up to 35 people;
• is retired.

The TC does not spell out exactly how to register it in the contract. The maximum term of the contract cannot exceed 5 years. As a limitation, the document prescribes the end date or a specific event, for example, the exit of an employee or the completion of seasonal work. The wording "Before manager Petrov starts working from administrative leave" is acceptable, etc.

Additional agreement

Sometimes the combination is drawn up by an additional agreement. It cannot exist without a basic contract. The combination provides for the performance of the amount of work in excess of the norm during working hours. An additional agreement may be required if the part-time job becomes the main job. But in this case, it is more correct to formalize first a complete dismissal, and then acceptance for a new position.

From a legal point of view, the signing of an employment contract is not assigned to an employee with a new status. For the changes to take effect, you need to issue an order for internal part-time jobs.

Order

In order to properly formalize an internal part-time job, you need to issue an order in which you indicate:

• director's passport data;
• number and date of the order;
• employee data;
• Job title;
• work department;
• contract time;
• operating mode, hourly normalization;
• reference to the main employment contract.

The document must be signed by the director and the employee. Each of the parties to the transaction must have its own copy. Three working days are allocated for the registration procedure.

Combining job in one position

There are situations when a position remains vacant for a long period of time, and the company has employees who perform this work with sufficient experience. qualifications and skill sets. In this case, you should ask how to arrange an internal part-time job with one employer for one position.

If the second position is identical, then the issue of combining jobs will cause a lot of difficulties due to amendments to the Labor Code. By law, a part-time job is understood as the implementation of a process by an employee that differs from the position held. That is, both works should be opposite to each other. Therefore, employers draw up this operation at their own peril and risk. If the enterprise comes under inspection by the labor inspectorate, then such cases will be checked in detail. If the inspection finds that the employer deliberately deprives the employee of the right to additional wages, then the organization will be subject to penalties.

To be safe from such situations, the manager must rely on objective grounds when registering a combination of jobs. Working conditions should be beneficial for the employee. It is equally important to draw up the documentation correctly so that extra hours of work do not overlap with the main job. Labor must be paid in the amount of at least 1/2 of the salary of an additional position, including all allowances and surcharges. The employee should retain all social benefits and dismissals, and for both positions.

Limits

The number of part-time jobs is not legally limited. The length of the day of a part-time worker cannot exceed four hours a day. If an employee is released from his main job on some day, he will engage in additional activities full time. But for a month, the duration of work should not exceed 1/2 of the time standard established for this category of employees.

Limits can be disregarded if in the main job the employee:

• suspended activities due to delayed salary payments;
• suspended for health reasons for a maximum of four months;
• is a director, deputy, chief accountant and holds another management position.

There are also separate job limits. In particular, they cannot work part-time:

• director of a unitary enterprise;
• the head of the security bureau;
• head of a state and municipal educational institution.

All other senior managers can work part-time only with the permission of the authorized body or the owner of the organization.

If the organization nevertheless accepted an employee who falls under the exception, it must be fired.

Termination of the contract

Having figured out how to issue an employee for an internal part-time job, let's move on to the issue of terminating the contract. Dismissal of a part-time employee is made out in the usual way. To terminate the employment relationship, one of the parties must demand termination of the contract. If the agreement was concluded for the period of seasonal or temporary work, then with their completion, the term of the agreement also ends.

If the organization does not plan to continue cooperation, then it must notify the employee at least 3 calendar days before the dismissal. The notification is made in writing and delivered to the employee personally. If the employee refuses to sign the letter of dismissal, then you need to draw up an act of refusal and give it to two witnesses for signature. This will serve as proof of receipt of the notification. Next, an order is printed, in which the details of the notification of the termination of the contract are indicated as the basis. Already on the basis of this document, entries are made in the work book and the employee's personal card.

How to issue an internal part-time job in 1C 8.3

From 01.04.2015, Klimova I.N. is accepted for the position of an accountant in LLC for a part-time job at 0.5 rate. The size of the full salary is 20 thousand rubles / month. Work schedule - 5 weekdays for 4 hours. Let's consider how to arrange an internal part-time job in 1C.

The first step is to enter a new employee in the "Individuals" directory. To do this, click on the "Add" button and enter the data step by step: full name, date of birth, gender and select the "Staff employee" checkbox. The field "Organization" is filled in automatically, and the "Personnel number" after the record of the card is placed next in order. The TIN, passport data, pension certificate number and other data, for example, disability group, etc., are also indicated here.

On the second tab "Place of work" all data on working conditions are filled in. An "Employment Order" is automatically generated. How to get an internal part-time job? In the "Type of employment" field, you should specify "Internal combination". The division of work, schedule (0.5 rate), period probationary period... Correct filling of these fields affects the correct calculation of salaries in the future.

Employment contract details are assigned automatically. In the case of execution under a fixed-term contract, the deadline must be filled in.

At the next stage, information on charges is indicated: their type, size, a list of allowances. If a part-time worker is entitled to a salary, then you need to select the "Salary by the hour" calculation and set the full rate. When calculating wages, it will be recalculated based on the number of working hours.

How to get an internal part-time job? After filling in all the data, you need to click on the "Finish" button. Information about the employee will be added to the database individuals... A job order will be automatically generated. it remains to print and sign it.

Payroll calculation

Having figured out how to enter in 1C to reflect the internal part-time job, let's decide how the employee's salary is calculated? For example, in April 2015, an employee worked 87 out of 175 full-time hours. The accrued salary will be: 20,000 / 175 * 87 = 9,942.86 rubles.

All accruals will be carried out by the "Employee Payroll" document.

Internal part-time job: how to get a vacation?

An employee gets the right to leave after six months of continuous work in the organization. Before this time, part-time workers can get a vacation, provided. that this period coincides with the leave at the main place of work. This is a part-time right, not an obligation. That is, he can go on vacation at the main place of work and continue to work on a part-time job. And vice versa. If the number of days of rest at the main place of work exceeds the prescribed vacation of a part-time worker, then the difference must be covered by vacation "at his own expense".

According to the standard scheme, vacation pay is calculated if there is an internal part-time job. How to arrange a vacation?

In the first step, the actual work time is calculated. Holidays and non-working days are deducted from this period. Next, the total amount of salary received at hand is determined, net of taxes and other deductions. The total earnings are divided by the hours actually worked for the previous calendar year. The average daily salary is multiplied by the number of vacation days.

Example

Since November 4, 2015, an employee of the company, who was employed back in 2012, took a part-time job at another enterprise. From June 2, he has been granted an annual leave of 24 days. As of the reporting date, the amount of his actual earnings was 78 thousand rubles. in the main place and 12 thousand rubles. as a part-time job. Let's calculate the vacation pay.

The settlement period is the amount of earnings from June 2015 - May 2016. There were 10 holidays in the reporting year.

Vacation at the main place of work = (78000 / (365-10)) * 24 = 219.72 * 24 = 5273.28 rubles.

When calculating part-time vacation pay, full months of work will be taken into account. Since the employee was employed in November, the reporting period includes December 2015 - May 2016. This period includes 8 holidays and non-working days.

Vacation part-time = 12000 / (182 - 8)) * 24 = 68.57 * 24 = 1645.68 rubles.

Benefits of part-time job

The presence of additional time and the peculiarities of drawing up a part-time contract enable the employee to "switch" between work tasks, paying attention to the priority issue. This approach effectively affects the personal development of the employee.

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

If one of the positions held is liquidated, then the employee should be able to renegotiate the contract with the employer, securing the remaining position as the main one. That is, the combination allows the employee to get some kind of financial and professional stability.

But not only the employee, but his employer receives the benefits from part-time jobs. In particular, he pays less taxes and saves the wage bill.

Office work

Every worker has the right to dispose of his labor abilities and free time as he sees fit, that is, at the end of the day at his main job, he may have an additional load, thus being an internal part-time worker.

But the procedure for registering secondary employment differs from that of a similar main future employee, and also has its own characteristics, in connection with which many employers have difficulties in drawing up the appropriate package of documents, which it is quite possible to resolve, observing the norms of the law.

Normative base

The legal regulation of the work of part-time workers employed at a third-party or own enterprise is regulated by the norms of the Labor Code of the Russian Federation, in particular, Chapter 44, which says that part-time work is additional work that is performed outside the established working regime, in free time and on a regular basis.

For some categories of workers, namely for teachers and doctors, as well as pharmacists, taking into account the specifics of their industry, the Resolution of the Ministry of Labor of the Russian Federation No. 41 provides for a separate procedure for combining several positions simultaneously, both in terms of similar labor specifics and different ones.

Considering the fact that a part-time employee is, in fact, a full-time employee holding a position specified in the staffing table, he is subject to all local acts of the enterprise in full.

And also additional workers have the right to provide almost all benefits and compensations that are provided for in labor legislation and other legislative norms.

Features and distinctive features

Despite the fact that part-time workers are the same employees of the enterprise as others, their employment still differs from the same on an ongoing basis in the following parameters:

• Performing work duties in free time, which implies the presence of an individual work shift regime.
• Reduced working hours, which implies employment of no more than 4 hours on a daily day or full employment on a day off from work, but on average no more than 50% of the monthly norm of working hours.
• The amount of wages calculated in proportion to the hours worked, but taking into account all allowances and additional payments established at the enterprise, as well as incentive payments.
• Providing basic paid leave only simultaneously with a similar period of rest at the main place of employment.
• Termination of an employment contract on the initiative of the management of the enterprise, if another employee is hired for the position of a part-time employee, provided that the employment will be primary for him, and not secondary.

One position each

Article 282 of the Labor Code of the Russian Federation says that an employee can be employed by several employers, and, accordingly, be employed in several positions at the same time, and not only in one enterprise.

However, given the specifics of the company and the presence of identical positions, the question arises, is it possible to be an internal part-time worker in similar positions in the same company? Yes, since Article 60.1 of the Labor Code of the Russian Federation does not contain a direct prohibition on holding identical positions.

Due to production needs, an employee can combine two full-time vacancies even in one structural unit and hold positions that are similar in terms of labor functions and other characteristics.

For different positions

Taking into account the above-mentioned regulations and the right of the worker to be employed as an additional employee both in one structural unit and in several, an employee can also work in different positions if his qualifications, work skills and state of health meet the specified requirements.

Difference from external and combination of professions

Each employee has the right to additional employment, which is not limited only to internal part-time jobs, because you can be an external part-time job as well, as well as combine several positions at the same time.

And if part-time jobs at the same and at different enterprises differ from each other only by the location of work places, which can be located both in the same enterprise, and in different ones, then the difference between combination and part-time jobs is more cardinal.

Benefits for the employee and for the employer

Undoubtedly, secondary employment is beneficial both for the employee and for the management of the enterprise, because it is not only additional earnings for the worker, but also the opportunity to use labor resources with minimal losses in wages for the company.

How to get a part-time job with one employer?

For each main employee at the enterprise, a personal file is formed, which contains not only photocopies of previously provided documents, but also administrative documents confirming personnel movements during the employee's work in the company.

If an employee is accepted as internal part-time, he already has a formed personal file with all the necessary documents, and, nevertheless, given that part-time employment is an additional job in another position, a new package of documents is formed for an additional employee.

On the basis of Article 283 of the Labor Code of the Russian Federation, an internal part-time worker must provide:

• passport (copy);
• a document confirming the presence of a certain qualification, category or other skills for performing a certain type of work;
• application for concurrent admission.

Sample application for internal part-time job

How to register a part-time employee correctly? Read here.

Personnel nuances

In accordance with the submitted documents and the application for admission, the company issues a part-time order for admitting an employee as a secondary employment.

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

Also, a new personal file is formed for a part-time worker, a personnel number is assigned and a T-2 card is filled in in accordance with the norms of current legislation.

And regardless of whether a part-time job is accepted for an identical position or not, the procedure for admission, as well as the formation of a personal file, remains unchanged and applies to all staff members without exception.

One position each

If two employees are hired for one position, who will respectively do the work at half the rate, a new personal file and a corresponding package of documents are formed for each of them.

In such conditions, they will have both individual working conditions and own order payment of the expended efforts, and a separate workplace.

For different positions

Considering that each position has its own peculiarities of the mode of work and the performance of labor duties, the preparation of an appropriate package of documents for the internal combination of different positions is also mandatory and is carried out on a general basis.

If the main job has become part-time

At the legislative level, there is no ban on the transition from the main job to the position of a part-time job at one enterprise.

Moreover, the letter of Rostrud RF No. 838-6-1 provides an explanation of the procedure for formalizing such changes in the employee's labor activity.

In accordance with the agreed recommendations, if the main employee has found another place of work with more acceptable conditions of employment, but wants to maintain an employment relationship with the former management of the company as an additional employee, he is subject to dismissal in the manner prescribed by law, with a note in the work book about termination of cooperation.

Then the employee draws up a cooperation agreement already at another enterprise, which will be the main one, and only then is he accepted to the previous enterprise, but already as a secondary employee.

Transfer of a part-time worker to another similar position

If the management of the enterprise offers a part-time employee a transfer to another position, which, although it has similar working conditions, implies some changes, for example, in the payment or location of the workplace, then first you need to get the employee's consent, since any changes in the terms of the cooperation agreement can be carried out only with the consent of the parties.

However, if the working conditions of the employee do not change and it became necessary to transfer him to another position, which due to circumstances turned out to be vacant, the management of the company can carry out the transfer of a part-time employee without his consent, but on the condition that the new position will also be a secondary employment, and the fulfillment new duties are not contraindicated for the worker for health reasons.

In what cases is it possible to be fired concurrently at the initiative of the employer? Read here.

How many bets can you borrow concurrently? Find out here.

Working hours

According to the norms specified in Article 284 of the Labor Code of the Russian Federation, internal part-time work cannot exceed half of the established norm of working hours per month.

That is, on his working day, a secondary employee can perform his duties for no more than 4 hours, but on weekends, as an exception, he can work a full shift.

Often, this approach is used in shift work, where it is quite difficult to find a qualified worker.

Number of days

Considering that in each month the number of working days changes depending on the availability of days off and holidays, then the working time rate changes accordingly.

That is why, to calculate the normal duration of accounting for working hours at many enterprises where there is a continuous process of work, the summarized accounting of working hours is used, the calculation procedure for which is established by the internal acts of the company.

How many bets can you take?

Taking into account the restrictions in hours of employment for workers in secondary employment, established by the norms of Article 284 of the Labor Code of the Russian Federation, a part-time worker cannot work full time, only half, that is, at 0.5 rate.

By way of exceptions, which are stipulated in the aforementioned norm, a part-time employee may be employed for a full month, but in the following cases:

• suspension of employment due to arrears of wages in excess of the established minimum (Article 142 of the Labor Code of the Russian Federation);
• dismissal of the worker about the duties performed due to the state of health for up to 4 months, provided that concurrent work is not contraindicated for him (part 2 of article 73 of the Labor Code of the Russian Federation).

For certain categories of some industries, in particular for pharmacists and teachers, according to the norms enshrined in the Decree of the Ministry of Labor of the Russian Federation No. 41, other conditions of part-time are provided, which allow part-time full-time jobs.

Vacation

In accordance with the norms of the law, namely, Article 287 of the Labor Code of the Russian Federation, part-time workers have every right to the guarantees established by the Labor Code of the Russian Federation, along with permanent employees in full, that is, they are entitled to annual leave in the same amount.

Part-time workers are entitled to leave of 28 days, not 14 days, taking into account their employment at only half the rate.

But an additional period of rest, for example, in the presence of harmful conditions at the place of work, a part-time worker is provided only for the time actually worked in such conditions, which is why this type of vacation cannot exceed 3-4 days per calendar year.

Salary

Taking into account the employment of workers in secondary employment only at half the rate, wages for this category of employees are made only in proportion to the hours worked, in accordance with the norms of Article 285 of the Labor Code of the Russian Federation.

The amount of remuneration for the work of additional employees directly depends on the hours worked, to which are added both the allowances established for the position, and incentive payments as a percentage of the salary that the employee is entitled to in accordance with the staffing table.

Payment

For example, with a salary of 15,000 thousand, and a bonus of 10%, as well as a bonus of 50%, a part-time worker should receive a total salary of 10,440 thousand rubles.

Payroll is calculated in the following way:

The salary is divided by the monthly rate of hours, for example, by 160, then multiplied by the number of hours worked, say 80, to which then a 10% markup and 50% of the bonus are added and 13% of the tax is subtracted.

Tax

An employee of secondary employment, like every worker who makes a profit in the form of wages for labor, is obliged to deduct taxes, which are calculated in proportion to the income received and sent to the state in the amount established by law, but a part-time worker has the right to use the tax deduction only at one place of work for their own choice.

Can a teacher work part-time? Read here.

Payment of the decree

Both the main employee and the part-time employee have every right to issue maternity leave, which consists of leave for permission from the burden, and parental leave, which implies compensation payments both for the period of incapacity for work before childbirth and for the period after childbirth.

Payment for sick leave before childbirth in accordance with Federal Law No. 255 is possible not only at a permanent place of work, but also at a secondary place of work, if the woman has worked for at least 2 additional years and made a transfer of contributions to the FSS.

In such a situation, sick leave is issued in several copies, which are provided to all institutions where a woman is employed as an employee.

Also, a part-time woman is subject to the norms of article 256 of the Labor Code of the Russian Federation, which says that an employee who has gone on maternity leave retains her position, even in the case of staff optimization and job cuts.

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

But the payment of a one-time allowance for the birth of a baby, as well as a monthly allowance for caring for a baby, a woman can receive only at one place of employment.

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

Considering that the monthly allowance is calculated in the amount of 40% of the previously received payment, many women, of course, choose the main enterprise.

Payment for student leave

On the basis of Article 287 of the Labor Code of the Russian Federation, student leave is paid only at a permanent place of work.

An employee of secondary employment submits a call-out certificate and draws up a student leave only at a permanent place of work, and in a secondary company, an administrative leave is accordingly issued.

Sick leave

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

So, in paragraph 2 of article 13 of the Federal Law No. 255 it is said that the period of illness can be paid to a part-time worker at several enterprises at the same time if he has been employed as an additional employee for at least 2 years.

Dismissal

The procedure for terminating mutual cooperation with workers in secondary employment is provided for by the norms of Article 288 of the Labor Code of the Russian Federation, which says that an agreement with an additional employee can be terminated if a worker is accepted in his place of work, for whom this vacancy will be a permanent place of work.

But dismissal under an agreed condition is provided as an additional basis, in other cases, when terminating an agreement with a part-time employee, they are used general terms and Conditions for dismissal, stipulated in Article 77 of the Labor Code of the Russian Federation.

Is it allowed to work part-time as a municipal employee? Read here.

You can find out more about wages for internal part-time jobs here.

Labor enrollment

Internal part-time work, the design of which is described above, has few distinguishing features from external part-time work, which, however, do not apply to the entry of a mark in the work book.

As a rule, an external part-time worker decides for himself whether to make a record of additional employment in the agreed document or not, and in case of an internal part-time job, an entry is still made, since the book of accounting of labor periods is kept at the enterprise and, accordingly, the personnel worker is obliged to enter all the information into it. about employees.

Compensation

Considering that a part-time worker is the same employee as everyone else and that he is fully subject to legal provisions, he is entitled to compensation upon dismissal in the same amount and on the same grounds as for the main employees.

A part-time employee upon dismissal is entitled to compensation for all days of unused vacation and severance pay, if such a condition is enshrined in local acts, as well as other compensation payments specified in the Labor Code upon dismissal at the initiative of the company's management in special cases.

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

Therefore, with strict observance of the law, both the employee and the employer will be able to work for the good of the company.

Internal part-time job: how to apply

Each employee can, in his free time from his main job, perform other regular work in the same organization where he currently works, or in any other enterprise. Such work is called part-time employment (Article 282 of the Labor Code of the Russian Federation).

General information

The labor legislation of the Russian Federation defines what internal part-time employment means. Part-time workers are those employees who, in their free time from their main job, perform other regular work for the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from combining professions (positions) and increasing the volume of work at the main place of work. Unlike internal part-time jobs, when combining professions (positions), an employee performs additional other work (for another position (profession)) during the working day, along with the main job. When combining professions (positions), both the employee and the employer have the right to early refuse to perform additional work. When answering the question of how to arrange an internal part-time job with one employer, it is necessary to take into account that an internal part-time job is already working for this employer at the main job.

Restrictions on performing internal part-time work

When deciding whether to design an employee as an internal part-time employee, it should be borne in mind that not every employee can be hired in this capacity. The law does not allow the following categories of employees to be hired internally:

• persons under 18 years of age (Article 282 of the Labor Code of the Russian Federation);
• persons employed in jobs with harmful and (or) hazardous working conditions, if the main job is associated with the same conditions (Article 282 of the Labor Code of the Russian Federation);
• employees engaged in driving or driving vehicles, if, when working on an internal part-time job, this employee will perform similar works(Article 329 of the Labor Code of the Russian Federation);
• other categories of workers in respect of whom a ban on part-time jobs has been introduced by separate federal laws (employees of internal affairs bodies, state and municipal employees, prosecutors, judges, etc.).

Internal part-time work: documents provided by the employee

Since the internal part-time worker is already working for this employer, the need for the employee to provide any additional documents in most cases is not required. The employee will need to provide additional documents only if special knowledge is required to perform additional work in another position. In this case, the registration of internal part-time jobs for different positions should be carried out when the employee provides a document on education (qualifications).

Features of the design of an internal part-time job

The peculiarity of registration of internal part-time job is that the employee already works in the organization and an employment contract has already been concluded between him and the employer. And yet, when registering with an employee such labor relations as internal part-time employment, the Labor Code of the Russian Federation requires the compulsory drawing up of a separate employment contract with this employee (Article 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily contain an indication that the work performed by the employee is part-time. It should be noted that a fixed-term employment contract can be concluded with an internal part-time worker (part 2 of article 59 of the Labor Code of the Russian Federation). As well as when hiring for the main job, the employer, when recruiting internally, issues an order for hiring an employee. The order (as well as the employment contract) must contain an indication that the employee is hired part-time (Article 68 of the Labor Code of the Russian Federation). Given the limitations of the legislation in terms of the duration of part-time work - no more than four hours a day (part 1 of article 284 of the Labor Code of the Russian Federation), it is important to pay attention to the need to keep a separate record of working hours (from the main job) in relation to an internal part-time worker (article 91 Labor Code of the Russian Federation). Recording in the work book about the performance of work on the terms of internal part-time job is carried out only if the part-time job requires it from the employer (part 5 of article 66 of the Labor Code of the Russian Federation). For the rest, the registration of the hiring of an employee on the basis of internal part-time employment is carried out by the employer in a manner similar to the procedure for hiring an employee at the main place of work.

Internal combination

Part-time employment refers to permanent work belonging to the type of secondary employment, understood as the level of participation of the population capable of working in production activities.

It is associated with additional work, which satisfies personal and social needs, is able to bring income, expressed in the form of wages. Part-time work can be done in free time from the main job in any organization, including the one where the employee works.

Universal worker in business

What does the law say?

Many Russian citizens, in order to earn support funds to improve living conditions, begin to engage in labor activities, which are ranked as second employment. Such works include part-time job, combination, work with the conclusion of a contract.

Anyone can get a second job in accordance with Art. 60.1, if the situation does not contradict the provisions of the Labor Code or other federal laws and have constant auxiliary earnings.

In addition, Art. 60.2 contains instructions on additional work on combining, which is allowed to be carried out simultaneously with the main work during working hours.

When is it possible?

Often a situation arises when the manager performs the functional duties of a part-time accountant, since the organization is not able to hire a full-time employee. He may, according to Art. 276 of the Labor Code to work as a part-time worker, but subject to certain conditions and with the permission of the body that is officially responsible for the activities of the enterprise or the person who has the right to property.

Public sector employees who are teachers, employees of cultural, medical, pharmacological institutions can earn extra money by taking additional part-time work.

In some situations, due to production needs, an employee is assigned work that is paid additionally, based on his written consent. This type of activity may or may not coincide with the range of activities performed by the main position or specialty. This phenomenon is called the combination of work performed.

External and internal part-time workers are entitled to sick leave payments. More details here.

Restrictions

According to applicable laws and according to the instructions of the Labor Code Russian Federation works part-time, can:

1. Citizens who are over 18 years of age at the time of applying for a job.
2. Persons who are not registered at work of increased difficulty, that is, the main work is not associated with harmful or life-threatening working conditions.
3. Those who do not work on vehicles, which include drivers of public vehicles and trucks, train drivers of all classes, as well as workers who regulate traffic and businesses.

It is not allowed to take part-time jobs to persons working in the Government Office, employees of the Central Bank of Russia, civil servants of different levels, employees of the prosecutor's office, judges serving in the jury.

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

Differences between part-time and combination

The main distinguishing feature between the two types of work is the time allotted for the performance of duties. The part-time worker works during the time that is not occupied by the main job, and the person who combines the main and additional work performs it during working hours.

In addition, there are differences in:

• the place of the proposed work;
• conclusion of an employment contract;
• records in the work book;
• granting leave;
• wages;
• on termination of employment.

An employment contract is not concluded with an employee performing a combination of work, and no leave is granted. Also, an entry in the work book about the combination is not made, the fee established by the agreement of the parties is paid in addition. He can work only in the organization where he is listed in the main job.

How to get an internal part-time job?

When an employee is employed internally, the HR department of the enterprise draws up a set of documents in accordance with the accepted procedure for office work, which is established by the labor code.

Order

The unified form of a single sample No. T-1 is used to issue an order for employment, which was introduced into the personnel records management by the Resolution of the State Statistics Committee. The basis is the employment contract, which is concluded between the head of the enterprise and the employee.

The order contains the conditions for hiring that are specified in the contract.

During the procedure, a note is made that the employee is accepted by a part-time employee in the column "Conditions of employment".

Labor contract

The employment contract is governed by Art. 282, part 4 TC. Depending on the conditions of employment, a separate employment contract is concluded with the employee with the entry into it of a record of the part-time job.

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

• rules governing work and rest routines, working conditions that meet safety and hygiene requirements;
• methods of calculating labor that will correspond to costs and results, established labor standards;
• the rights and obligations of the person who entered into labor relations after the conclusion of the contract, the duties assigned to him, observance of labor discipline;
• maximum working time, information about the annual paid leave, the duration of the contract.

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

Staffing table

Not taking into account the legal status of the employee, it is necessary in the staffing table to show the full unit as a whole number with a full salary, without splitting, so as not to make amendments in the future.

When registering a part-time employee, you need to indicate the salary that will be charged to him.

If it becomes necessary to indicate the number of part-time workers enrolled in a particular staff unit, the information is entered in the "Note" column. The unit of staff, conventionally called the rate, allows you to hire up to four employees who wish to work part-time.

Employee's documents and personal files

When filling out the documents of a part-time employee, you need to create a personal file on him, which stores information about his production activities. A personal file is drawn up after the issuance of an order, which confirms the hiring.

• a written request to be hired part-time;
• completed personnel questionnaire, signed with his own hand;
• a copy of the passport, work book, diploma or other certificate confirming the acquired qualifications and professional training;
• a copy of the order for part-time employment;
• a copy of the labor contract;
• other types of business papers provided for by federal laws or regulations.

The personal file is stitched, the pages are numbered, an inventory of the documents contained is attached to it.

Labor enrollment

The work book is the main document that testifies to the labor activity of a person, according to which the length of service is calculated. It reflects all production activities related to the work performed, dismissal, termination of the agreement.

If an employee has worked at one enterprise for 5 days, then the work is officially recognized as valid and the personnel service draws up a work book.

If the employee wishes to reflect that he is a part-time worker, then she is certified by an entry in the work book for the provision of a certificate in the organization at the main place of work.

Features of part-time work

Chapter 44 of the Labor Code of the Russian Federation regulates issues related to part-time employment, according to which part-time workers are endowed with all types of guarantees and compensations in full. Special working conditions have been introduced for managers, teachers, employees of medical and pharmaceutical organizations, athletes and coaches.

Vacation

Part-time workers are entitled to leave, which is granted once a year. For days spent on vacation, payment is made, in addition, the place of work, position and average earnings are preserved.

If he has not worked at the enterprise for six months, then leave is given in advance or compensation is paid.

The duration of the vacation is set according to the calendar and is on average 28 days... Concurrent vacation periods must coincide in time with the main one. If the duration of the main one is longer, then the difference in terms, at the request of the employee, can be formalized without payment. Vacation cash benefits are calculated for both vacations.

Remuneration: part-time and full-time

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

When assigning payment for work, it is necessary to take into account that, according to the current legislation, a part-time job is assigned, which should not exceed half of the norm, equal to 4 hours.

Calculation of payment for a part-time job is carried out:

• commensurate with the time worked;
• according to the end results of labor;
• under the agreement stipulated by the employment contract.

The first situation involves the dependence of payment on the rate at which the employee is accepted. The second and third cases allow for pay in excess of the full salary of the staffing table.

Example. Let's say that according to the staffing table, the salary is 18 thousand rubles 50 kopecks, then the employee, in accordance with him, is charged equal to 9 thousand rubles 25 kopecks... If it is emphasized in the employment contract that payment will be made according to production, then the employee is allowed to calculate wages for labor, which will be equal to 18 thousand rubles 50 kopecks... Consequently, if a part-time employee is employed part-time, then the full salary can only be paid in the last two cases.

Checkout revisions can be sudden. For the methods of its implementation, see here.

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Dismissal

According to the code, it is possible to fire a part-time worker:

• at their own request, by mutual agreement of the parties;
• at the initiative of the employer, if the employee was hired for the main job;
• there was a change in the staffing table or the position was cut as unnecessary.

In the first case, a statement is written by the employee, on the basis of which an order is issued for his dismissal.

In case of staff reduction two months in advance, it is necessary to notify the part-time worker and offer him other options.

If the employee refuses, then an order is issued on the unified form T8-a on dismissal due to staff reduction. Subsequently, the employer pays compensation equal to the average monthly wage.

What are the benefits for the employer and the employee?

Works performed in combination and combination are quite common, this phenomenon is associated with various reasons that accompany the economic activities of enterprises.

Internal combination and combination provide specific benefits. Moreover, they are mutually beneficial both for an employee who wants to get additional earnings, who wants to acquire new professional skills or change jobs, and for the employer, who has at his disposal the completed amount of work. But along with the advantages, there are often disadvantages.

• finding a highly qualified specialist for low pay - the employer can save on wages;
• he does not start a part-time work book;
• the search for service personnel is minimized;
• minimum costs to get results economic activity because it is almost impossible to find the right employee for highly specialized work;
• he personally sets the amount of additional payment for combining work, knowing the business qualities of the employee.

Employee benefits:

• Additional tools and the opportunity to apply your knowledge;
• payment of sick leave for temporary disability; entering part-time work in the work book; the product of deductions to the Pension Fund;
• preservation of guarantees in the event of dismissal to pay compensation;
• paid annual leave.

Internal part-time job is a very common practice at large enterprises. Using this opportunity competently, you can get a noticeable economic effect for both a part-time employee and an employer. However, this tool should be used with caution, documenting the employment relationship.

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

Labor legislation allows additional workload for employees of the enterprise. The fulfillment of duties can be carried out simultaneously with the main work or in free time.

This article will discuss what constitutes combination and combination in one organization, for how long they are possible, how these concepts differ.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

What is part-time job

Part-time job - full performance of duties with the conclusion of an employment contract... Work is carried out regardless of the main responsibilities and in free time. Its legality is established by Article 60.1 of the Labor Code of the Russian Federation and is regulated by Ch. 44 of the Labor Code of the Russian Federation. The procedure for additional work for teachers and doctors is determined by government decrees issued for each category of such persons.

Registration of a part-time job involves the availability of vacant positions. After employment, the employee is assigned an independent personnel number.

The legislation provides for the release of the position held by a part-time worker. Submitting an application and hiring another employee, for whom the job will be the main one, allows you to fire a part-time worker (Article 288 of the Labor Code of the Russian Federation). The employee must be notified of dismissal 14 days before the date of termination of the contract.

What is alignment

Combination - fulfillment of additional duties during the main work and within the framework of one contract... Additional work is carried out in the same position (increase in the amount of work) or in a related one (expansion of the service area). The combination can be issued for vacant (vacant) or occupied positions during the period of temporary absence of the main employee:

• Due to illness confirmed by a certificate of incapacity for work. An option often used in the public sector. Payment for days of absence due to illness is carried out at the expense of the Social Insurance Fund, which allows you not to exceed the size of the wage fund approved for a year. Several employees may be hired for the position of a temporarily absent person.
• While on maternity leave or childcare.
• During the vacation of the main employee, registered without pay.

The ability to combine positions is prescribed in a collective agreement or other local act. The combination is not reflected in the time sheet.

What is the difference?

Part-time or combination employment has cardinal differences, clearly presented in the table:

You can also learn more about the differences between these procedures from the following video:

What is more profitable for the employee?

When comparing these forms of additional earnings, the material benefit of remuneration is determined depending on the conditions of employment. Remuneration for the registration of part-time jobs is made according to the hours worked. The additional payment for combination is established by the employer and is reflected in the order. The amount is expressed as a percentage of the basic salary. An additional payment is allowed in the form of a fixed amount.

Positive aspects of combination:

• There is no need to waste extra time.
• The amount of remuneration is fixed and is established by agreement of the parties. The amount of the copayment is taken into account when calculating vacation pay and sick leave.
• Early termination of obligations at the initiative of either party with a 3-day warning is allowed (Article 60.2 of the Labor Code of the Russian Federation).

• Providing paid leave or dismissal compensation.
• The ability to receive bonuses for a combined position. Earnings are included when calculating sick leave for the main job (calculated separately).
• Management of remuneration by varying the number of shifts, production or part of the rate. The amount is limited to half the rate or salary specified in the staffing table for the vacant position. Piecework wages are paid according to the actual result.

If an employee is satisfied with additional shifts and the opportunity to influence the schedule and remuneration, it is necessary to choose a combination job, for those who do not want to go beyond the working day, combination is the most optimal form.

How to get them from the same employer

There are differences in the workflow when registering such workers.

Registration of internal part-time workers

An employee is hired for a part-time job with the conclusion of an employment contract. This agreement contains:

• Provisions, rights, obligations and guarantees of the employee, similar to the standard contract concluded for the main job.
• An indication of the performance of duties in combination.
• With time-based work, the salary or rate is indicated, with piecework - the output.

The agreement can be urgent or unlimited in nature, the duration of which is determined by agreement of the parties. At the request of the employee, an entry on the part-time job is made in the work book.

When hiring, the following actions are performed:

1. The employee submits an application to the manager. The document indicates the desired part of the bet - half, third, quarter or other.
2. The conditions for part-time work are agreed with the employer.
3. The personnel service of the enterprise issues an order of appointment, and a contract is drawn up with the joint signature of the parties. In the order and the contract, a note is made about the nature of the work.

If the terms of the agreement provide for work with valuables, an agreement on material liability is additionally concluded.

Documents required for employment are not required. The personnel worker makes copies of the forms presented earlier. The dismissal of such an employee is carried out in the standard manner determined in the Labor Code of the Russian Federation.

Registration of combination of positions

The combination of the main position and additional duties is carried out on a voluntary basis and on the basis of an order. When registering, the following procedure is performed:

1. Providing a written statement from an employee. He must confirm the sufficiency of qualifications for the performance of duties.
2. After agreeing on the issue, the employer issues an order for the employee to combine positions. The contract is not concluded.

The fulfillment of new additional obligations changes the terms of the employment contract. On the basis of the order, an additional written agreement is drawn up, providing for a change in the conditions (Article 72 of the Labor Code of the Russian Federation). The combination of positions in the work book is not reflected.

Who cannot be formalized this way

Legislation defines a circle of persons for whom the combination of jobs is not formalized. Additional employment is not allowed:

• Minors.
• Heads of enterprises. Only external part-time jobs are allowed with the consent of the founders.
• Persons whose main responsibilities are related to harmful or dangerous working conditions, if the combination of jobs involves similar work circumstances.
• Employees whose duties are related to transport management.
• Civil servants - police officers, prosecutors, judiciary and law firms.

Persons deprived of the right to register for a part-time job are not limited in their opportunities to engage in scientific or research activities.

The nuances of part-time

There is a time limit for additional work. Within a working day, a limit of duration is allowed no more than 4 hours... An employee can work additional hours after the end of the working day or on a day off established for the main position. Within a month processing is allowed within half the monthly rate.

The fulfillment of the duties of a part-time worker gives the right to paid leave. The number of vacation days does not depend on the percentage of the rate and is determined in the standard version (the worked year gives the right to receive 28 calendar days of rest).

Vacation is paid on the basis of average earnings and is provided simultaneously with rest at the main place of employment. The excess of the number of days of leave for the main job is supplemented by days without pay for the part-time position.

Combining and part-time employment at the enterprise of the main job is a legal option to increase income. The amounts are included in the calculation of earnings for the accrual of leave, payment of the certificate of incapacity for work and when determining contributions to the Pension Fund of the Russian Federation. Registration is carried out strictly in accordance with the norms of the Labor Code of the Russian Federation.

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The article is interesting. Help me solve my situation correctly. I work as a chief accountant in LLC. By the decision of the founders, she was appointed director of the same LLC from 10.09. How to properly combine these two positions? What will be the main and what will be the combination? The tr. Book contains an entry about the main book.

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Internal part-timein- a fairly common practice in conditions of saving wages and the desire of employers to cooperate with proven employees. In the proposed material, the issues of its correct design at the enterprise are considered.

The concept of internal part-time job, registration of employment of an employee

Internal part-time job according to the Labor Code of the Russian Federation is paid labor activity in other permanent or urgent work after the conclusion of an employment contract at a time not occupied by the main job with one employer.

Internal part-time employment in the Labor Code of the Russian Federation is governed by the norms of Art. 60.1 and Ch. 44. All labor regulations apply to such workers. In accordance with Art. 282, a ban is established regarding external and internal part-time jobs:

• minors;
• employees exposed to harmful or hazardous working conditions.

Internal part-time employment of employees is formalized:

• employee statement;
• order of appointment;
• labor contract.

The contract is drawn up in a standard form with the obligatory indication:

• the name of the organization and division;
• the position for which the employee is hired;
• Full name of the employee;
• data of the employee's identity document;
• TIN of the employer, except for individuals who do not have the status of an entrepreneur;
• conditions and amount of remuneration;
• the term of the contract;
• start dates of work;
• the fact of part-time work;
• places and dates of the conclusion of the contract;
• indications of the harmful nature of the work (note that it will be possible to take a part-time position with harmful working conditions only if the applicant is not exposed to harmful factors at his main place of work);
• conditions characterizing the work (for example, if traveling is expected);
• information about social insurance.

Additionally, other conditions from Art. 57 of the Labor Code of the Russian Federation. The law allows tests for part-time workers. The test conditions will be the same as for other categories of workers.

According to Art. 283 of the Labor Code of the Russian Federation, the employer has the right to demand from the candidate a document on education or its certified copy. Since we are talking about an internal part-time worker, the HR department usually already has copies of identity documents, and information about the working conditions at the main place of work is known, therefore a certificate of them is not required.

In accordance with the instructions for filling out work books, approved by the decree of the Ministry of Labor of the Russian Federation dated 10.10.2003 No. 69, all entries related to part-time jobs are entered in the employee's work book only at his request.

What are the differences between the norms of the Labor Code on part-time employment from Article 60.2 on combination

Despite the apparent similarity, the concepts of internal combination and combination are significantly different and are regulated by different norms of the Labor Code of the Russian Federation. Let's consider the main differences:

• Internal part-time job involves working in free time from the main job at the same enterprise. For example, an employee performs the duties of a waiter in the morning shift, and an administrator in the evening shift. Combining the same involves the performance of work duties for 2 positions within one work shift or day. Example - execution job responsibilities a bartender and a waiter by an employee in one shift.
• Hiring a part-time worker is formalized by an employment contract. Combining this does not require, the offer of the employer and the written consent of the employee are enough.
• From the differences in the registration of the beginning of part-time and combination labor relations, there are differences in their termination. So, an internal part-time worker is dismissed on the same grounds as any other employee, in compliance with all the terms stipulated by the Labor Code of the Russian Federation. To terminate the combination, it is enough to inform the other side of the legal relationship in writing at least 3 days in advance. No separate order or entries in the work book are drawn up.
• The law does not contain a prohibition on combining for any categories of workers, for part-time workers there are restrictions provided for in Art. 282 of the Labor Code of the Russian Federation and the above.

Part-time working hours and specifics of part-time jobs for certain categories of workers

The duration of the work of such employees is indicated in Art. 284 of the Labor Code of the Russian Federation. It is maximum 4 hours daily, excluding weekends for main work. On these days, it is permissible to work during the entire shift or working day. The monthly working time of a part-time employee cannot be more than 50% of the working time allowed for the main employee in this position. For the calculation, not only a monthly, but also any other accounting period can be selected.

These restrictions do not apply to the periods:

• suspension of work in the main position;
• suspension from work due to the employee's refusal to transfer to another main position for medical reasons or the employer's lack of a suitable place;
• dismissal from work of managers, their deputies and chief accountants who need to be transferred for medical reasons, if the employer has not terminated the employment contract with them.

Exceptions to this rule were made for cultural workers and teachers, medical workers and pharmacists by the decree of the Ministry of Labor of the Russian Federation "On the specifics of work ..." dated 30.062003 No. 41. The department established separate norms for the duration of working hours, including internal part-time jobs, for this category of employees. For example, educators, healthcare professionals, and pharmaceutical workers can work 16 hours a week on a part-time basis, even if 50% of the monthly basic working time is less than 16 hours.

For these employees, the following are not considered internal part-time jobs:

• freelance creative work;
• activities for carrying out examinations with a one-time payment;
• teaching no more than 300 hours annually with an hourly fee;
• public counseling within 300 hours annually;
• freelance excursion work with hourly or piecework pay;
• exceeding the norm of hours of work of teachers of children's institutions for the rate of the teacher's salary;
• freelance leadership of the faculty, graduate students and doctoral students for an additional fee.

According to Art. 286 of the Labor Code of the Russian Federation, internal part-time workers have the right to grant leave, regardless of whether six months have expired since the beginning of the labor relationship. If the time of leave for the main job has already come, then the employee receives part-time leave at the same time in advance.

Dismissal of an internal part-time worker

Since the internal part-time job is fully covered by all the normative legal acts governing labor legal relations, there is nothing unusual in the list of reasons for his dismissal either. Dismissal is possible both on the initiative of the employee himself on the basis of Art. 80 of the Labor Code of the Russian Federation, and at the will of the employer in accordance with Art. 81. However, there is an additional reason - the recruitment of an employee for the position held, for whom this position will become the main one (Article 288 of the Labor Code of the Russian Federation). For this reason, you can only fire a part-time employee who is employed for an indefinite period, and only after a written warning at least 2 weeks in advance.

Dismissal from a part-time job does not entail the termination of labor relations in the main job, just as termination of the main contract does not affect the part-time job. If an employee is eligible for a reduction in the main position, the employer must offer him to take a part-time job as the main one. For this, the concurrent contract is terminated and a new one is concluded - for the main position.

Internal part-time employees are fully subject to all regulations, including local ones, and all records of such activities in the work book are entered at the request of the employee.

Article 60 of the Labor Code of the Russian Federation prohibits requiring an employee to perform work that is not stipulated by an employment contract. At the same time, the employee can perform other work in a part-time job or combine work in another position. What is their main difference? Labor legislation does not establish a minimum amount of additional payments for additional work and part-time work - how to determine the additional payment in different cases?

Part-time job. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to conclude labor contracts for performing other regular paid work during his free time from his main job with the same employer (internal part-time job) and (or) with another employer (external part-time job).

Part-time job - the performance by an employee in his free time from the main job of other regular paid work on the terms of an employment contract (Article 282 of the Labor Code of the Russian Federation).

For part-time work with an employee, an employment contract is concluded.

Remuneration for the work of persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).

With time-based wages, settlement with a part-time job is based on the rate (salary, official salary) for the combined position in proportion to the amount of time worked.

In accordance with Art. 91 of the Labor Code of the Russian Federation, the employer is obliged to keep records of the time actually worked by each employee. Therefore, the time actually worked by the part-time worker is entered in the timesheet.

We issue an employee for the position of an accountant with an official salary of 15,000 rubles on the basis of an internal part-time job. by 0.25 bets.

Working hours are 40 hours per week. Accordingly, a part-time worker is required to work 10 hours a week.

Payment for labor is made in the amount of 3 750 rubles. (15,000 rubles x 0.25).

Combination. Article 60.2 of the Labor Code of the Russian Federation provides for the possibility of instructing an employee to perform additional work for an additional fee during the established duration of the working day (shift), along with the work specified in the employment contract.

Additional work entrusted to an employee can be carried out:

• for the same profession (position) - by expanding service areas, increasing the amount of work;
• for another profession (position) - by combining professions (positions);
• for another or the same profession (position) - in order to fulfill the duties of a temporarily absent employee.

To combine positions (professions), expand service areas, increase the volume of work without being released from the main job, it is necessary to obtain the consent of the employee and draw up an additional agreement with him to the employment contract, since the working conditions determined by the parties to the employment contract change. At the same time, the employer does not keep track of the time worked by the employee in the combined position.

The additional payment for combining professions (positions), the expansion of service areas can be set as a fixed amount, as a percentage of the wage rate (salary) of the absent worker.

When performing work in conditions that deviate from normal, including when combining professions (positions), the employee is paid appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations, labor contracts (Article 149 of the Labor Code of the Russian Federation).

In accordance with Art. 151 of the Labor Code of the Russian Federation, the amount of additional payment for combining positions is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.

Does the employer have the right, when assigning additional work in the order of combining positions (professions), to make an additional payment in the amount of the full salary for the combined position? For example, when assigning additional work for a position with a salary of 12,000 rubles. to establish a surcharge in the amount of 12,000 rubles.?

This example carries risks for the employer. Due to the fact that the combined work must be performed within the working hours established for the employee, then for 8 hours of work (with a 40-hour working week established for the employee) he will have to fulfill the duties assigned to him both in the main and in combined position.

If the institution has other employees in a similar position, the principle provided for in Art. 22 of the Labor Code of the Russian Federation: that the employer is obliged to ensure equal pay for equal work.

Therefore, it will be correct to establish, when an employee combines positions, an additional payment in proportion to the salary (official salary) for the combined position.

Often employers fill vacancies with their own personnel. At the same time, additional work is not always formalized correctly.

What is the procedure for registration of internal combination of positions in an organization? It is not uncommon for an employee to be temporarily absent.

A person can get sick, go on maternity leave, be transferred to another position. But at the same time, someone has to do his job.

In such cases, employers rarely outsource workers, trying to make do with the existing staff.

However, when registering additional work for an employee, serious mistakes are often made. In most cases, they are caused by a misunderstanding of the very term "combination of positions".

Important basics

The main problem with registering a combination is that it is often confused with a combination. This leads to errors in orders, employment contracts, financial documentation.

In addition, there may be irregularities in wages, registration, sick leave, and the like.

The concepts of internal combination and internal combination are often confused even in legal literature. Meanwhile, the difference between them is very significant.

Thus, the part-time job allows the employee to work at the main job during the main working hours, and to carry out additional activities during the consolidated hours.

Combining positions allows you to perform main and additional work at the same time.

At the same time, the functional responsibilities of both positions should be similar, which is an unacceptable condition for combining jobs.

With a combination of positions, an employee can perform only completely different labor functions, if the level of education and existing skills allow it.

Consequently, a part-time job is issued as a separate employee.

What it is

According to the current labor legislation, part-time employment is the performance by an active employee of a paid activity, stipulated by the conditions, in a period free from the main job on a regular basis.

Internal part-time job is when an employee additionally works in the same organization that provides the main job, but in a different position.

In contrast to the combination of positions with a combination of jobs, one of the main conditions is the conclusion of an employment contract.

Combining job is a regular job. Therefore, the employee can count on almost everything, guarantees and provided to the main employees.

It is noteworthy that with a part-time job, an employee can only work in absolutely incompatible positions.

For example, if an employee simultaneously has the education of an economist and an electrician, then carrying out the main activity in the economic department of the organization, he can earn extra money as a full-time electrician.

But at the same time, an employee cannot occupy a vacancy similar to his main job.

General rules for hiring

Internal part-time jobs are allowed only when performing additional duties other than the main type of work.

It can be another profession, specialty or position. The law provides for exceptions only for pedagogical and medical workers.

If all documents on education are already present in the personnel department, then nothing more is required from the employee. The employer already has all the necessary documents.

The specifics of regulating the labor activity of part-time workers are fixed.

According to it, the employee must have a separate employment contract for part-time activities. It invariably contains a condition on the nature of the work, that is, part-time.

It is forbidden by law to dismiss a part-time worker without her consent.

In accordance with the Labor Code of the Russian Federation, an employee can have any number of part-time jobs, if the working conditions do not contradict the law.

How to write a statement

A prerequisite for the registration of a part-time job is to submit an appropriate application.

There is no unified form for this document, therefore, it can be drawn up in any form.

The main condition is an indication that the work will be performed in different positions in combination. An application is submitted three days before the start of the additional work.

The application must contain the following information:

• FULL NAME. and the position of the head in whose name the document is sent;
• the main essence of the appeal with an indication of the date of commencement of activities;
• an indication of a part-time job;
• date of preparation of the document;
• the applicant's signature indicating the full name of the applicant.

When accepting an application, the manager puts on it his resolution on the need to prepare a proper order and draw up an employment contract with this employee. Then the application is forwarded to the personnel department.

Formation of an order (sample)

The order on registration of a part-time employee is issued after signing an employment contract with him. The grounds for issuing an order are the information contained in the contract.

A strict indication of the term and type of work. It is necessary to register the exact date of the start of the activity and its completion (if the contract is urgent).

Since the working regime for the part-time worker is different from the mode of work of the main employees, then the order, as well as the labor contract, contains information about the length of the working day of the part-time worker, including its time frame.

The order, which is issued for the work of an internal part-time worker, contains the proper information, in particular:

• employer name;
• date and number of the order;
• data of the employee being registered for work;
• the position for which the employee is hired;
• the name of the department where the employee is admitted;
• date of commencement and completion of work (in case of a fixed-term contract);
• mode and duration of working hours;
• condition on the test period (if any);
• manager's signature;
• the signature of the employee about the acquaintance.

The employee's right is to receive a copy of the order within three days from the date of publication. You can get one in the HR department.

Labor contract

When registering an employment contract with an internal part-time job, a standard form is used, but it must be indicated that the activity is carried out part-time.

A part-time employment contract contains the following data:

• name and number of the contract;
• place and date of imprisonment;
• subject of the contract;
• validity;
• obligations and rights of the parties;
• work and rest regime;
• terms and procedure of payment;
• responsibility of the parties;
• termination procedure;
• list of applications;
• details of the parties.

Sample part-time employment contract:

Employment record

If an employee wishes to enter a part-time job entry in the work book, he must submit a corresponding application to the employer.

After the document is accepted by the head of the organization, a proper order is issued. Based on the order, an employee of the personnel service makes the required entry in the work book.

At the same time, it is prescribed that the employee is hired for a certain position on a part-time basis.

How is it paid

Part-time work is carried out on a part-time basis. In this case, payment is charged in proportion to the time worked in proportion or depending on the output, upon the fact of the work performed.

At the same time, the law does not guarantee the minimum wage in combination.

Therefore, it is not considered a violation if the salary of a part-time worker is less than the minimum wage determined by law.

Part-time work is paid based on the terms of the employment contract (). However, the nuance about how many rates can be issued for one employee is significant.

Since, according to the duration of the working day of a part-time worker, it cannot exceed four hours, the contract can be concluded for a maximum of half the rate.

Consequently, the part-time worker will receive a maximum of half of the amount due to the main employee for this position. Distinctive feature for an internal part-time worker is the accrual of vacation pay.

Despite the fact that leave is set at the main place of work, all due charges are calculated based on the average salary.

It includes all salaries received by an employee in the organization, both for the main job and part-time.

The results of the audit carried out by the State Labor Inspectorate showed that many employers, when assigning additional work to an employee, do not regulate this in any way and do not make the required additional payments.

Such actions are a direct violation of the law and are punishable by the application of administrative responsibility in the form of fines in relation to the perpetrators.