Today, many people work in two or more jobs or in several organizations. As a rule, at the main workplace the employee is registered according to work book, and on the additional one - by agreement. The legislation regulating relations between employees and employers provides for the possibility of making an entry in the work book about part-time work. In this regard, the relevant question is how to make an entry in the work book about part-time work.
General rules
There are two types of part-time jobs:
- internal,
- external.
Their main difference is the location labor activity employee. External is work in different organizations, and internal is the activity of an employee in one company in different positions, as well as under several employment contracts.
An entry about part-time work in the work book can only be made at the request of the employee and at the main place of work. According to labor legislation, the basis for this is any document indicating part-time work.
It should be noted that Russian labor legislation does not provide for mandatory reflection of such information in the work book.
Internal part-time job
In order to make an entry in the work book about being hired for a part-time job in one organization, an employee needs to write an application (in any form) addressed to the specialist responsible for storing work books, or the head of the department. It must contain the date and signature of the person who wrote it. There is no need to provide any documents, since the company already has all the necessary information.
Based on this application, the head of the company issues an appropriate order on the possibility of adding an additional position to the employee’s work book.
The procedure for entering such data is similar to entering information about the main place of work. In the third column you should indicate the full and abbreviated (if any) name of the company. After that, enter the record number in the first column, and the date the employee was hired in the second.
It is necessary to pay attention to the fact that in the third column, in addition to the name of the organization, you should also make a record of employment, indicating a specific position or specialty and making a note about part-time work. In the fourth column you must enter the number and date of the order to enroll the employee in the organization. Information about part-time work must be entered after information about the main workplace.
After this, the employer must note in the employment contract that this activity is a part-time activity for the employee, and he can only engage in it during time free from his main job. The corresponding entry must be present in the work book.
External part-time job
Making an entry in the work book about part-time work in several companies is also carried out at the request of the employee. IN in this case To do this, you must provide one of the documents confirming his activities in another organization. Such documents are:
- a certificate of part-time employment in another company, certified by seal and signed by an official,
- an extract from the employment order signed by the head of the enterprise, or a copy thereof,
- employment contract.
The full name of the organization, position and name of the unit (department) are entered in the appropriate columns of the work book. extra space work. It is recommended to keep the certificate of combination, made on company letterhead, only in the work book and present it to any organizations upon request.
Dismissal upon combination
In the case when an employee continues to work at his main workplace, but quits his job work activity part-time, an entry is made in his work book indicating dismissal only from this position. In this case, there is no need for its certification and signature responsible person.
If an employee quits two jobs (main and part-time) in this document two entries should be made, namely about dismissal from the main job and part-time employment. In this case, the second entry must be certified with the seal of the company (or the human resources department) and the signature of the responsible person.
There are often situations when additional workplace becomes basic for a person. In such cases, the question of how to make an entry about part-time work in the work book is also relevant. In this case, you should first dismiss the employee from both his main job and his part-time position, and then hire him to his main place of work.
In some situations, a part-time worker is transferred to the main employees by drawing up a special agreement on changing working conditions, supplementing the employment contract. The employer must confirm the transfer with an order or instruction containing information about assigning the part-time worker the status of a main employee.
Dismissal during external combination
When dismissing an external part-time employee, the employer may face various difficulties. For example, an employee working part-time in another organization moves to his main position there. Therefore, the relevant question is how to correctly make an entry in the work book for a part-time job in another organization.
In such a situation, the employee must resign from both the main and additional workplace. After this, provide the first organization with a copy of the order confirming his dismissal from his part-time job. Based on it, the HR specialist makes a corresponding entry in the work book.
There are common cases when an employee quits his main job, while continuing to work part-time. If necessary, a note about dismissal from a part-time position can be given to him by specialists from the organization where he will get his main job.
Features of making entries about part-time work
According to the legislation regulating relations between employees and employers, the right to enter information about part-time work in the work book is not limited by any period. Therefore, the employer must pay them immediately after the employee applies and presents the necessary documents.
In this case, you should pay attention Special attention on the date. When recording data on part-time work, you should indicate not the date the information was entered, but the date the employee was hired.
The legislator, in the spirit of our times, even introduced the concept of “electronic work book”, but it practical applications for now it's a matter of the future.
For employees, making entries in paper work records is of particular importance. We invite you to understand together the legal documents governing these issues.
Regulatory regulation
- a common occurrence. This is not prohibited by law, with the exception of officials who need to obtain the “okay” of the employer for this purpose, heads of organizations, drivers and some other categories of workers. The main condition is the availability of free time.
There are two ways to combine work:
- within the enterprise for various positions ( internal alignment);
- external, that is, in different companies.
All questions about the registration procedure labor documents Part-time work is regulated by the following regulatory documents:
- Labor Code of the Russian Federation;
- special Instruction of the Ministry of Labor of the Russian Federation, establishing the procedure for maintaining work books;
- Government resolution on work books.
All answers to maintaining a part-time worker’s work book can be easily found in these legal acts or simply read our article.
When and what entries must be made?
Many are sure that there is no need to make entries about the combination in the work book, period. In fact, this opinion is erroneous. This must be done at the request of the part-time worker himself. Sometimes an employee does not want to advertise his additional work at his main job. Therefore, the legislator gave the decision to this issue to the employee himself.
What records of part-time work can be included in the labor record? From the analysis of the Instructions and the text of the Government resolution, it follows that, at the will of the part-time worker, the following data must be recorded in the work book:
Of course, there are exceptions. Thus, a civil servant must first obtain the consent of the employer (special commission on conflict of interest) for any combination. This is an anti-corruption rule, because an official cannot work in those companies that he himself supervises in his service.
In practice, the question of whether to write it down in the book (that is, a change of position) is questionable. Let us turn to the documents already mentioned.
- The Resolution states that at the employee’s request, “information about work” must be included. Such information does not include translation.
- But the Instructions on this matter are more categorical: they only talk about hiring and dismissal.
In fact, there is a contradiction between two legal norms (legal conflict).
What is the right thing for a HR employee to do if a part-time employee directly insists that the entry be made? It would be more correct to be guided by the Instructions, which establish more detailed rules, and don’t write about translation.
How to make an entry in the work book about part-time work
General cases
- First, the part-time employee must declare his desire to include this entry. Although the written form of such an application is not considered mandatory, ideally it is better to write an application.
- An important point: you must make an entry at your main place of work. There is logic here, because the work book is located there. If an employee combines two positions in one company, his application is sufficient to make an entry. If a person works at two different enterprises, supporting documents will be required. That is, such an employee will have to attach to the application a copy of the order and a certificate stating that he combines (combined) work. Of course, the order must be certified by an authorized person.
- Having received the application with attachments, the personnel specialist makes an entry in the book. The procedure is described in detail in the Instructions and is not much different from a regular admission/dismissal record. The main difference: it is necessary to indicate that we're talking about about part-time work. In order not to be unfounded, we will show with some example.
If the part-time worker is citizen Grachev I.V. and this must be indicated in his work book:
A record is made in the same way in case of dismissal from such a job, with a mandatory indication of the fact of part-time work.
Examples of entries in a work book about part-time work
Special cases
Now about more complicated situations:
- (main). There are options here.
- , and then accept him, but as a main employee. The disadvantages of this method are that you will have to pay him other payments due by law.
- Another option is to conclude an additional agreement with the part-time worker to his contract, under the terms of which the work he performs ceases to be a part-time job and “turns” into his main job. Then a corresponding entry is made about this in the book.
- on the contrary, the employee moves from the main one to the category of part-time employees. Everything is the same: either it’s easy to formalize this transition, or go through the dismissal-hiring procedure.
If they don't contribute
We are all human, and HR professionals are no exception. A person may misinterpret the law or simply refuse out of spite or hostility.
If this happens to you, first record the fact that you made such a request. It's quite simple, you write a statement in which you ask to be included in labor record about the combination, supporting documents are attached to it. It is better to prepare it in two copies and request that the second copy be marked with acceptance. Another way is by post.
Are you still getting rejected? Request a written refusal with reasons. If this is not provided to you, go to the labor inspectorate. This government agency. If the inspector sees a violation of the law in the actions (or rather inaction) of your superiors (or personnel officer), he will issue an order to eliminate it and also hold you accountable under the Code of Administrative Offenses of the Russian Federation.
How to make an entry when accepting an internal or external part-time worker
Part-time work is formalized by a separate employment contract (Part 1 of Article 284 of the Labor Code of the Russian Federation). An employee has the right to earn extra money in his free time from his main job. unlimited quantity organizations.
Taking into account Labor Code RF entry into a part-time employment record is made at the request of the employee himself. It must be entered by the personnel officer at the main place of work based on the documents submitted by the employee:
- copies of the admission order,
- certificates,
- extracts,
- any other document confirming the fact of fulfilling part-time job duties.
The hiring and dismissal of a part-time worker is formalized by order. Let's consider how to make an entry if the employee is an external or internal part-time employee.
Internal part-time work: entry in the work book
Upon employment internal part-time worker an entry in the labor record is made at the request of the employee based on the order of the manager:
- In the “Work Information” section there is already a heading with the name of the organization in the third column. There is also a record of the employee being hired for the main position. Below you need to make a record of part-time admission, indicating the next serial number of this record in column 1.
- In column 2, enter the date, month, and year of admission.
- In column 3 the wording “Accepted part-time...” is entered. Indicate which structural unit of the organization, for which position (or specialty, profession).
- In column 4 enter the date of issue and the number of the admission order. It must be taken into account that this is a separate order on the basis of which the part-time worker was hired.
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Entry in the work book for external part-time work
If an employee is employed by an organization as an external part-time worker, his work record book is stored at his main place of work. An employee can contact the manager at the place of additional part-time work with a request to give him copies of the employment order. Based on this copy, an entry will be made in his employment record regarding part-time work at his main location.
The manager must issue a copy of the order within three days after the employee submits a written application. The copy must be certified with the stamp “ Right ", the official who issued the document puts his signature on it, includes a transcript of the signature, and the date of certification.
Such a document will serve as the basis for making a part-time entry in the work book; filling out is carried out in the following order:
- Below the information about the employee’s hiring for the main job, in column 1, enter the following serial number of the entry being made.
- Column 2 includes the date the employee was hired as an external part-time employee.
- In column 3 it is written that the employee was hired according to external part-time job. Indicate the name of the company, structural unit, position (or specialty, profession).
- In column 4 it is written that the entry in the part-time book was made on the basis of a copy of the order.
You can download the full sample.
Instead of a copy of the order for admission on an external part-time job, the employee can submit a certificate drawn up in any form. On its basis, an entry is made into the labor record about external part-time work.
What wording to use when dismissing a part-time worker?
An internal part-time worker can be fired on the same grounds as the main employee. An additional basis is the hiring of an employee for whom this position will become the main one (taking into account Article 288 of the Labor Code of the Russian Federation). If the work was carried out part-time, the employment work book was filled out, the grounds for dismissal are entered into the book, using the appropriate wording.
It must be taken into account that, on the basis of Article 288 of the Labor Code of the Russian Federation, an employee cannot be dismissed in the following cases:
- while on sick leave or on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation);
- during pregnancy (part 1 of article 261 of the Labor Code of the Russian Federation);
- if there is a child under three years old (Part 4 of Article 261 of the Labor Code of the Russian Federation).
An entry in the work book about part-time dismissal (sample) in all these cases will be declared invalid by the court.
If an employee works internally, the work book is kept in the HR department. An employee has the right to resign at any time at will. The dismissal is entered into the labor record by the personnel officer on the basis of an order from the head of the organization, referring to paragraph three of part one of Article 77 of the Labor Code of the Russian Federation.
When hiring on an external part-time basis, an entry in the work book is made by the manager for whom the employee works at the main place. Information about dismissal in the document is made by the main manager on the basis of a copy of the dismissal order or a certificate submitted by the employee:
- Column 1 contains the following serial number of the entry made.
- Column 2 includes the date of dismissal.
- In column 3 it is written that the employee is dismissed from his part-time job. Indicate the name of the company, enter the wording: “Dismissed at the initiative of the employee,” make a reference to paragraph 3 of part one of Article 77 of the Labor Code.
How to make an entry in the book of a part-time worker when transferring him to a permanent place
When transferring an employee from a part-time job to his main place of work, dismissal and hiring are most often carried out. Dismissal is formalized by agreement of the parties or at your own request.
But an option is possible when an additional agreement to the employment contract is concluded, and part-time work is recognized as the main one.
Taking into account the Labor Code of the Russian Federation, entry into a part-time employment record is made at the request of the employee himself. It must be submitted by the employer at the main place of work based on the documents submitted by the employee. If the work is carried out internally, the work book is stored in the personnel department. An employee has the right to resign at any time of his own free will. The dismissal is entered into the labor record by the personnel officer on the basis of an order from the head of the organization, referring to paragraph three of part one of Article 77 of the Labor Code of the Russian Federation.
Part-time work last years is becoming increasingly widespread. This is understandable. On the one hand, there is a clear shortage of qualified personnel in the market, and on the other hand, there is a desire of employers to get a competent employee at a cheaper price. Part-time work makes it possible to fulfill these two desires. Labor legislation Part-time work is regulated rather superficially, which entails many questions.
Introductory information
First, let's define the terminology. The two are often confused different shapes the employee performs additional duties - part-time and part-time. The main difference between them is whether an additional employment contract is drawn up with the employee. When combined, this document is not needed (an additional agreement to an existing agreement is sufficient), but when combined, it is fundamental (Article 282 of the Labor Code of the Russian Federation).
There are other differences too. Thus, combination is possible only within one organization, but part-time work can be both internal and external. In addition, the employee performs part-time work “in parallel” with his main job, that is, within the framework of “one” working time. Whereas part-time work involves working beyond normal working hours. That is why very strict conditions for the number of working hours have been established for part-time work (Article 284 of the Labor Code of the Russian Federation).
So in some cases, it will probably be more profitable to register an employee on a part-time basis - this will reduce the number of personnel documents and eliminate the need to carefully track the time spent working in the second position. Yes, and this approach can help to circumvent restrictions on part-time work.
Prohibition on part-time work
Let’s dwell on the topic of prohibitions on part-time work in more detail. Speaking about this, we must take into account that in most cases these prohibitions are actually relevant only for internal part-time job, that is, when a contract for part-time work is concluded with the same employer who is the main employer for the employee. The fact is that most of the prohibitions are related to the work already performed by the employee at his main place. And according to the rules for hiring part-time work, an employee is not obliged to provide the employer with a work book or other information about his main job (with the exception of hiring for harmful and dangerous work, when Article 283 of the Labor Code of the Russian Federation obliges to require a certificate from the employee). This means that the employer, even if he or she wishes, will not be able to control the legality of the employee’s employment.
However, in order to completely protect yourself from claims from regulatory authorities, when applying for external part-time jobs, we recommend that you fill out an employment application, a separate paragraph in which will indicate that the employee does not have grounds that make part-time work impossible (directly listing all these conditions; see below for more details). Accordingly, by signing such a statement, the employee relieves the organization of responsibility for his unlawful hiring.
Work book of a part-time worker
As a general rule, part-time work is not reflected in the work book. Indeed, according to Article 66 of the Labor Code of the Russian Federation, in order for a part-time job to be included in the work book, the employee must take the initiative. To do this, he must bring to his main employer an employment contract for part-time work and a job order certified by the “part-time” employer. In addition, he must write an application requesting that this information be entered into the work book.
However, the procedure for making such an entry is spelled out very sparingly in the legislation (the last paragraph of clause 3.1 of the Instructions, approved by Resolution of the Ministry of Labor of the Russian Federation dated October 10, 2003 No. 69). A further fate This entry when an employee is dismissed from his main job is generally covered in fog. Therefore, we recommend making a part-time entry in the work book only if the employee really insists on it. And first, the employee must be explained that he may have problems finding employment in another job, since upon dismissal from the main employer, the record of part-time work will not be “closed.”
Dismissal and change of status
Another, perhaps the most significant, layer of issues related to changing the status of a part-time worker is closely related to the procedure for registering a work book. Let's consider possible situations.
Situation 1. The part-time worker quit his main job. The main question here is whether he can continue to work part-time in this case? The answer will be positive. The fact is that although the very definition of part-time work, given in Article 282 of the Labor Code of the Russian Federation, implies that a part-time worker also has a main job, the Labor Code does not provide for such a basis for dismissing a part-time worker as his dismissal from his main place of work. This means that the employer has no legal grounds for terminating the employment contract with a part-time worker in this situation.
Situation 2. The part-time worker must be registered for the main job. In this case, the first thing the part-time worker needs to do is quit his main job. After all, to get hired for your main job, you will already need a work book, “closed” by the previous employer. Further registration of the work book by the new employer is no different from hiring an employee “from the street” - the organization’s stamp is affixed and a record of employment is made indicating the position, order details, etc.
But in this case, personnel documentation can be drawn up different ways. The first way is to conclude an additional agreement to the employment contract for part-time work, making it an employment contract for the main job. That is, an order is issued to hire an employee (not a transfer!), and the appropriate changes are simply made to the personal card.
But in our opinion, more the right way registration will still be a complete termination of the part-time relationship with the termination of the contract and the issuance of a dismissal order. And the subsequent hiring of the employee to the main job with the signing of a new employment contract. Let's explain why.
From the point of view of the Labor Code, part-time work and main work are different in nature and areas of regulation of the legal relationship that arises between the employee and the employer. These relations are very specific and are regulated by different norms of the Labor Code of the Russian Federation (Article 60.1, Chapter 44 of the Labor Code of the Russian Federation). Therefore, in our opinion, it is not enough to formalize the termination of one legal relationship and the transition to another only by order. This means that you need to terminate the part-time contract and enter into a new contract at your main place of work.
Situation 3. The main employee must be made a part-time worker. This situation is essentially a mirror image of the previous one. But, unlike her, different options does not imply the preparation of personnel documentation. This is due to the fact that for such a “transfer” the employer will have to “close” the employee’s work book. After all, only the main employer can keep a work book.
So there is only one option here - dismissal and subsequent hiring. This, by the way, additionally confirms that in the previous case it is better to act in this way.
How much to pay
And at the end of our excursion into part-time jobs, a few words about the remuneration of part-time workers. The most common question here is whether they can be paid more than half the salary provided for in the staffing table? The roots of this issue are that the maximum amount of time that a part-time worker can spend at his workplace is exactly half the weekly norm (Article 284 of the Labor Code of the Russian Federation).
Let's consider this issue in more detail. Article 285 of the Labor Code of the Russian Federation states that the work of a part-time worker can be paid not only in proportion to the time worked, but also on the terms determined by the employment contract. This gives us a formal basis to establish a part-time worker wages in any size - both more than half of the “staff” and less.
However, one must take into account this nuance. Based on the provisions of Article 22 of the Labor Code of the Russian Federation, employees occupying the same position must receive the same pay for their work. It turns out that if, in addition to the part-time worker, the main employee also holds the same position, then establishing an increased salary for the part-time worker will violate the rights of the main employee. Conversely, establishing a reduced salary will violate the rights of a part-time worker. These situations are already fraught with a fine of 50 thousand rubles under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
A solution here could be, for example, an introduction to staffing table a separate position, which will only be occupied by a part-time worker.
Who should not be hired as a part-time partner?
According to Article 282 of the Labor Code of the Russian Federation, it is forbidden to hire part-time employees under 18 years of age (the employer can obtain this information from their passport), persons engaged in heavy work, work with hazardous and (or) dangerous conditions labor, if part-time work is associated with the same conditions (this information will be in the certificate brought by the part-time worker).
Next on the list of prohibitions on part-time work are employees whom the employer can no longer check. These are persons whose work is directly related to driving vehicles or traffic control Vehicle, if at their main job they perform similar work(Article 329 of the Labor Code of the Russian Federation), managers (Part 1 of Article 276 of the Labor Code of the Russian Federation), state and municipal employees, judges, lawyers, prosecutors and police officers, military personnel and even security guards (Article 12 of the Law of March 11, 1992 No. 2487- 1 “On private detective and security activities in the Russian Federation”).
In addition, heads of state and municipal authorities cannot work part-time. educational institutions, their branches (departments), as well as all other teaching staff, along with medical, pharmaceutical and cultural workers (clause 1 of the resolution of the Ministry of Labor of Russia dated 06.30.03 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers culture").
You will need
- - employee’s work record;
- - confirmation of his employment on a part-time basis (employment contract, copy of the order or an extract from it or a certificate) or dismissal (copy of the order);
- - employee’s statement in case of internal part-time work;
- - fountain pen;
- - seal (in case of dismissal from the main job).
Instructions
If an employee who works part-time in another organization wants to make an entry in the employment record, he must present his choice of one of the confirmations of his work on the side. This may be an employment contract with another employer, a copy of the employment order or an extract from it, or a certificate from the place of work on company letterhead, with the signature of the person in charge and the seal of the organization.
Then, in column 3 of his work book, the full name and, if available, the abbreviated name of the third-party employer are entered and an entry is made about hiring him for part-time work based on the document provided by the employee. The 4th column indicates the output data of the latter (number, date).
Internal can from a position that is extra work without leaving the main one. In this case, an entry is made in his employment record only about part-time work, which does not need to be certified with the signature of the responsible person and the employer’s seal.
External part-time worker To record the dismissal, you must bring to your main job a copy of the order of dismissal from part-time work, an extract from it or another supporting document.
Before entering the dismissal record in column 3, the name of the organization (can be abbreviated if available) from where the part-time employee resigned is given as a heading in parentheses.
Part-time work can turn into an employee’s main job, both internally and externally. In the first case, the employee must first leave both the main place of work and the position held part-time, and then be hired for the job in which he was previously a part-time worker, but as the main one.
A similar situation with the current employer and turning into the main part-time job performed by a third party.
The employee must first resign from his part-time job and bring to the current main copy of the relevant order. Then quit her job and apply to the employer with whom you previously had a part-time job, now for the main job with all the accompanying bureaucracy: writing an application, issuing an order, etc.
A situation may also arise when an employee leaves his main job for another main job, while continuing to work part-time.
In this situation, it is enough for him to quit his main job. If in the future he decides to leave a part-time position with another employer, a record of this will be made in his work book by the new employer at his main place of employment.
