What does internal part-time worker mean? Time to work. Combination and part-time: concepts

Part-time and combination are two types extra work.

These two types of additional work differ from each other both in the procedure for registration and termination of employment relationships, and in the procedure for payment, as well as labor process and the guarantees provided.

At the same time, we note the similarity of the concepts “internal part-time work” and “combination”. In both cases, additional work is carried out within the company of one employer.

Internal part-time job

The rights and obligations of employees working part-time are regulated in sufficient detail labor legislation.

The Labor Code of the Russian Federation gives the employee the right to perform other work in his free time from his main job (Article 60.1, 282 of the Labor Code of the Russian Federation). That is, this is the kind of work when the employee’s working day at his main place of work is over or the employee has a day off according to his main work schedule.

On a part-time basis, an employee can work for the same employer for whom he works at his main place of work and who leads him work book, as well as with any other employer.

If the employer is the same, then such work is called “internal part-time work”. Additional work for other employers, in addition to the main place of work, is called “ external part-time job».

Both internal and external part-time work must be formalized by an independent employment contract, which necessarily contains an indication that this work is a part-time job.

The part-time worker is provided with a salary in accordance with the staffing table, and the work itself is paid in proportion to the time worked.

A part-time worker goes on vacation simultaneously with vacation from his main place of work.

Internal and external combination

Part-time work differs from another concept - combination. Such additional work is performed by the employee on behalf of his employer within the working day (shift), without interruption from his main job.

Thus, it is always a job within the same employer. That is, it cannot be external, it is always internal.

The work can be either in a different profession or in the same profession (position). As a rule, it is associated with expanding the service area, increasing the volume of work, or replacing a temporarily absent employee.

Part-time work is paid in addition to the salary for the main job. The amount of additional payment depends on the content and volume of additional work.

It is important that combination is possible only with the consent of the employee, which must be in writing. An employee may refuse additional work at any time by notifying his employer. But this must be done at least three working days in advance.

The combination is formalized either by an order from the head of the employing company, which indicates the content of the additional work, timing, amount of additional payment, etc. The order is communicated to the employee against his signature. In addition to the fact of familiarization, the order must record the employee’s consent to the combination.

To formalize the combination, the parties may also sign an additional agreement to employment contract.

In any case, unlike part-time work, an independent employment contract for part-time work is not required to be drawn up.

These provisions are provided for in Art. 60.2 and art. 151 Labor Code of the Russian Federation.

Internal part-time and combination: the difference

Despite the similarities, these two concepts are different.

The fundamental difference between internal part-time work and combination is the procedure for formalizing the relationship. For internal part-time work, the registration is similar to the procedure for hiring at the main place of work. The employee is hired, and a corresponding order is issued; an independent employment contract must be signed; a personal card is issued for the employee; information about part-time work can be entered into the work book at the request of the employee; A time sheet is kept. Additional employment is possible only in free time from the main job.

When combining, there is no new employment contract. This may be an additional agreement to a previously concluded employment contract or an order from the employer. The work is performed as part of the main working day. A personal card for the employee is not created. The combination is not entered into the work book.

Internal part-time and external combination of professions (positions)

The combination of professions (positions) is registered only with the employer at the main place of work (where the work book is kept and stored) (Article 60.2 of the Labor Code of the Russian Federation). Additional employment with other employers is already a part-time job, which is registered as internal or external (Article 60.1 of the Labor Code of the Russian Federation).

Therefore, registration for an employee external alignment impossible.

In progress economic activity As a business entity, unexpected production problems often arise that require immediate solutions. Due to the fact that the volume of work may not be enough to attract full-time workers, the employer has the right to register a part-time worker or assign additional responsibilities to an employee with whom a contract has already been registered. labor Relations.

Many employers still do not fully understand such concepts as part-time work and combination work, what the difference is, and in what production situation their use is relevant. To understand what part-time work and combination work are, you need to understand each concept, the nuances of registration, conduct of activities, and payment for work results.

Assigning additional responsibilities to an employee

Part-time job

If an employee performs work stipulated by the provisions of the employment contract, and the manager of a business entity has a production need to implement additional tasks, then their solution can be attributed to this employee. New relationships are formalized on the basis of part-time work, which is possible only if the employee has free time from his main activity. Additional responsibilities may be assigned for their implementation at the enterprise at the place of main activity or at another business entity.

Kinds

Types of part-time jobs

There are two types of part-time activities:

Internal, which involves performing work for the employer with whom the main relationship is established. The solution of production problems is carried out in a time period not related to the main working time. It is relevant to use such relationships if the manager has available vacancies.
External, when activities are carried out outside the enterprise where the employee has a work book.

Legislative regulation, prohibitions and restrictions

For all part-time workers carrying out activities for business entities in the status individual enterprise or legal entity, the norms of the Labor Code of the Russian Federation apply to regulate the relationship between the employer and the employee.

For the standard list of professions, there is no need to obtain permission from the main employer to conduct activities as an external part-time worker. The head of a business entity, as well as representatives of the collegial executive body, will have to obtain permission from the founders on the board if the constituent documents or legislative norms establish for them special conditions labor regulation.

The legislation provides for a restriction on the performance of part-time work, regulated by the possibility of carrying out activities in this mode for no more than 4 hours a day. This is due to concern for the health of the employee, whose body may be subject to overload, as well as compliance with the interests of the employer in the form of preventing a decrease in the quality of work performed and an increase in the level of injuries.

Applicable restrictions on the working hours of a part-time worker

Regulatory acts provide a list of categories of workers who cannot be employed in additional work. These include minors, employees government agencies, as well as citizens employed in their main position at work, where dangerous and harmful conditions are regulated.

Currently, considering low level salaries, many are trying to get additional income, working part-time or combining several types of income. In this article we will try to figure out how a combination differs from a part-time job, what are the benefits of each type and what are the disadvantages. Every citizen should be savvy in such issues, and our article will help with this.

So, let's look at the main points of the topic: “Combination and part-time work: the difference.” The table below will clearly and in detail demonstrate the main differences between these types of additional employment.

Part-time job

Every country has a Labor Code that regulates the relationship between an employee and the head of an enterprise or institution, and also describes in detail the rights of both parties. Chapter 44 of the Labor Code of our country contains detailed information on the rights and responsibilities of employees who decide to work part-time.

Already here you can notice that there is a difference between combination and part-time work.

It must be taken into account that educational workers are subject not only to Articles 282 and 60.1 of the Labor Code, but also to the following acts:

Law on Education.
Federal laws relating to this industry.

It is there that it is stipulated that a teacher can carry out part-time work not only in his own educational institution, but also in another, and also try his hand at another specialty, if there is confirmation of his skills and abilities in this area.

Part-time work for healthcare workers

We looked at what internal part-time work and combination work are, what the difference is - we sorted it out, and now we’ll find out what standards exist for medical workers.

The Labor Code contains Article 350, which states that, by decision of the government Russian Federation, the length of the working day for part-time medical workers who operate in rural areas, can be increased. This is because these areas tend to have severe shortages of medical personnel. In this case, both part-time and part-time jobs are possible (what the difference is is not so important, since these types of employment are found quite often in the village).

Nuances

If we consider teaching, medical staff and cultural workers, then for these categories of citizens the following work will not be considered part-time work:

Carrying out various examinations with a one-time payment.
If the teacher conducts additional lessons on an hourly basis, but not more than 300 hours per year.
Conducting consultations in their organizations in an amount of no more than 300 hours per year.
Pedagogical activity in the same educational institution, if there is additional payment for it.

A specialist can perform all these types of activities in his main work time, but there are also exceptions:

scientific and creative activities, if there is no such staffing position;
organizing and conducting excursions without appointment to such a position.

But it must be clarified that performing any other work, if you are not currently engaged in your main activity, is permitted and does not require consent from the employer.

Termination of an employment contract

So, in the previous paragraphs the following issues were discussed in detail: combination and part-time work, the difference (table), wages for these types of activities. Now let’s figure out under what conditions a contract with a part-time partner can be terminated.

If the employment contract is drawn up correctly, then it states for how long the applicant will be hired. If such a situation arises, then the person working part-time must be notified in writing two weeks in advance of the termination of the contract or agreement with him.

But there is Article 288 in the Labor Code of the Russian Federation, which specifies additional grounds for termination of an employment contract. This basis is the hiring of a specialist who will consider this work as his main one.

The Labor Code also contains instructions on categories of persons who cannot be dismissed at the request of the employer:

if the employee is on legal vacation or sick leave;
Women who are in an interesting position or who have children under three years old cannot be fired.
a single mother who is raising a child under 14 years of age or a disabled child;
guardians who raise children in the absence of their mother.

If an employee performs a certain amount of part-time work, then it is also possible to release him from this ahead of schedule. This usually happens when the specialist he replaced is ready to go to work and fully perform his duties. Typically, the employer must provide several days' notice.

The employee himself has the right to refuse to perform part-time duties, but he must notify management about this at least three days in advance so that a replacement can be found.

The article discusses a topic that is relevant today: “Part-time work and combination.” We have explained in detail what the difference between them is. Now only the employee himself can choose which type of activity is suitable for him to improve his material well-being. Knowing all the nuances will insure the employee against unexpected and unpleasant surprises. Nowadays, every person should be legally savvy; this will definitely come in handy in life.

The volume of work in a certain position does not always require the involvement of a full-time employee. The solution in this case may be to hire a part-time worker or assign an employee to combine positions. Despite sounding similar, there is a significant difference between part-time and combination.

Part-time job- this is the performance by an employee of a labor function in his free time from his main job. Part-time work is formalized with a separate employment contract, in which it is indicated that the work is not the main one. Part-time work can be internal, when part-time work and the main work are performed by one employer, and external - if work is carried out by different employers.

Combination- this is the performance by an employee of additional work in another position without interruption from his main job. Combining positions cannot be external, because additional work must be performed while the employee is at his main job.

In this article we will take a closer look at part-time and combination jobs and compare their features in the table.

Who is allowed to work together?

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

Article 282 of the Labor Code of the Russian Federation establishes a ban on part-time work for workers under eighteen years of age and for work with hazardous or dangerous conditions labor, if the main work is performed under the same conditions.
Employees whose job function is related to management cannot work part-time vehicles, if they have the same responsibilities at their main job (Article 329 of the Labor Code of the Russian Federation).
It is prohibited for state and municipal employees to hold a second job (Article 17 of Law No. 79-FZ dated July 27, 2004).
Part-time work for heads of organizations can only be permitted with the consent of the owner of the organization or the authorized body of the legal entity (Article 276 of the Labor Code of the Russian Federation).
For cultural workers and teaching, medical, and pharmaceutical workers, part-time work is permitted only if their main job has a reduced working time (Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41).
Athletes and coaches have the right to work part-time for another employer in the same capacity only with the permission of the employer at the main place of work (Article 348.7 of the Labor Code of the Russian Federation).
Special regulations establish restrictions on part-time work for judges, prosecutors, lawyers, military personnel, deputies of the State Duma of the Russian Federation and members of the Government of the Russian Federation.

Violation of the law when hiring part-time employees for whom prohibitions or restrictions on such work have been established may lead to penalties for the employer (from 1 to 5 thousand rubles for officials and individual entrepreneurs and from 30 to 50 thousand rubles for organizations) .

In general, an employer cannot prohibit an employee from working part-time. There is also no limit to the number of other employers with whom an employee can enter into such employment contracts, provided, of course, that the condition limiting additional working hours is met.

Are you planning to open your own business? Don’t forget about the current account - it will simplify doing business, paying taxes and insurance premiums. Moreover, now many banks offer profitable terms for opening and maintaining a current account. You can view the offers here.

Part-time employment contract

When applying for part-time work, a separate agreement must be concluded. The work function in an additional job may be the same as in the main job or different from it.

An employment contract for a part-time worker must include the usual contractual terms and must contain a clause that the work is performed part-time. The contract can be concluded for a certain period or indefinitely.

When concluding an employment contract with a part-time worker, it is not filled out, but this can be done at the request of the employee. To do this, you must submit a document confirming additional work to the place of your main job (where the work book is kept). Such a document may be a certificate of employment, a certified copy of an order or an employment contract. In case of internal part-time work, the employee’s personal file (if it is maintained) will contain documents related to both jobs.

A part-time employment contract is terminated on the same grounds as in the general case, but an additional reason for terminating the contract will be the hiring of an employee for whom this work will become the main one.

If a part-time worker quits his main job, then at the workplace where he worked part-time, he can be hired full-time. To do this, it is necessary to draw up a corresponding additional agreement to the employment contract with him, and make an entry in the work book stating that the work from such and such a date is the main one for the employee.

Features of part-time work

A part-time worker must manage to fulfill his duties at two or even several jobs, so his work schedule will have some features. Working hours are recorded in a time sheet, and an employee with an internal part-time job can be assigned two personnel numbers. Calculation wages part-time work is carried out under the terms of an employment contract. Payment can be hourly, piecework or on any other terms.

When recording the working time of a part-time worker, you must pay attention to ensuring that the additional working time does not exceed half of the standard working time for the accounting period. For example, if in October 2015 the standard working time with a 40-hour weekly workload is 176 hours, then part-time working hours cannot be more than half of this standard, i.e. 88 hours per month.

A part-time worker can also be involved in overtime work, in excess of these norms, but must comply with the norm of overtime hours (no more than four hours for two days in a row and no more than 120 hours in the general accounting for the year). Payment for overtime hours is carried out as usual, according to the norms of Article 152 of the Labor Code of the Russian Federation (no less than one and a half times the amount for the first two hours, and no less than double the amount for all subsequent hours).

A part-time worker is provided with annual paid leave during the same period as at the main job. To confirm the date of leave, the employee must present a certificate or a copy of the leave order from his main job. The total duration of vacation during part-time work does not increase, but vacation pay is calculated taking into account the earnings received.

If an employee at a part-time job has not yet worked the required six months, then he must be given leave in advance. Depending on the position and category of the employee, the duration of vacations at the main job and part-time job may vary. In this case, to combine vacation periods, the employee may be given several days without pay.

A part-time employee may be sent on a business trip. When the part-time job is internal, the employer takes into account only his own interests, and problems with choosing the timing of the business trip do not arise. If the places of work are different, you can send a part-time worker on a business trip only for the time when he is free from his main job.

In the event that the time of a business trip for a part-time job cannot be rescheduled, employers must enter into an agreement among themselves on the order in which the employee will perform his job duties for this period (Resolution of the Government of the Russian Federation of October 13, 2008 No. 749). Of course, in practice such agreements are of little use, because a business trip is rarely so short that the employee has time to return to his main place of work the next day. But it is possible to agree that the employee will take several days without pay at his main job. Travel expenses are, of course, borne by the employer who sent the employee.

During the illness of an internal part-time worker, he is paid one temporary disability benefit based on one sheet, but taking into account the average earnings at all jobs. If the employers are different, then several certificates of incapacity for work are issued to be provided for each place of work.

Combination

The Labor Code does not establish prohibitions or restrictions on combinations (as opposed to part-time work), but the written consent of the employee is required to be assigned additional work.

When combined, the employee may be entrusted with some new job function (then we're talking about on combining positions), the service area has been expanded or the volume of work in the same position has been increased. It is important that when combining positions, additional work must be performed during the same working hours as the main one, therefore, the specifics of labor functions must be taken into account here. Thus, the positions of accountant and cashier are often combined; lawyer and personnel officer; manager and commercial director; leader and driver.

For performing additional work as part of a combination, the employee receives a remuneration, the amount of which is determined only by agreement of the parties. The law does not establish a minimum or maximum amount for this additional payment. For comparison, with a part-time job, the employee must receive the appropriate part of the official salary, for example, half-time or a quarter of the salary.

When registering a combination, the additional agreement to the employment contract must indicate:

name of the combined position or profession;
volume and content of additional work;
the period for which the combination is established;
amount of additional remuneration.

The employee and employer have the right to refuse to perform additional work ahead of schedule, for which they must notify the other party in writing no later than three days in advance.

Part-time job	Combination
An employment contract when registering for part-time work is concluded (Articles 60.1 and 282 of the Labor Code of the Russian Federation)	A separate employment contract is not concluded, but an additional agreement is drawn up to it (Article 151 of the Labor Code of the Russian Federation)
An entry in the work book is made at the request of the employee (Article 66 of the Labor Code of the Russian Federation)	No entry is made into the work book
Termination of part-time work is formalized by termination of the employment contract	Termination of combining positions or performing an additional amount of work occurs when the employee refuses to perform it ahead of time or when the employer’s order to perform this work is canceled (Article 60.2 of the Labor Code of the Russian Federation)
Part-time work is performed in free time from the main job and should take no more than 4 hours a day (Article 60.1 of the Labor Code of the Russian Federation)	Additional time is not allocated to perform part-time work; the additional work function must be performed without interruption from the main job during the working day
Remuneration is made in proportion to the time worked or according to the volume of work performed (Article 285 of the Labor Code of the Russian Federation)	For combining positions, an additional payment is made, the amount of which is determined by agreement of the parties (Article 151 of the Labor Code of the Russian Federation)

New edition Labor Code significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of labor organization differ? What features need to be taken into account when hiring a part-time worker? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.

Part-time and combination - absolutely different shapes labor organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the labor of part-time workers and those who master other positions and professions, let’s briefly understand the terminology.

If an employee, in his free time from his main job, performs other regular paid work under the terms of an employment contract, this is part-time work (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only for your employer, but also for another organization (for another entrepreneur or an individual who is not an entrepreneur).

When combining professions (positions), work is carried out “during the established duration of the working day (shift)” and always with the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between part-time and combination jobs have been defined, we can move on to the details.

Part-time job

So, there are several factors that determine part-time work: the employee has a main place of work, performs labor functions ( job responsibilities) in his free time from his main job, does this regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.

As follows from Article 60.1 of the Labor Code of the Russian Federation, part-time work can be external and internal.

External part-time job- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an entrepreneur without forming a legal entity, and an employer - individual who is not an entrepreneur.

Internal part-time job - performing other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work, indicating the position, profession, specialty as a part-time worker.

Who cannot be a part-time worker

The Labor Code prohibits certain categories of citizens from working part-time. Firstly, these are persons under 18 years of age. And secondly, employees whose main work involves hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.

In addition, some restrictions on part-time work have also been established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization can work part-time for another employer only with the permission of the authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner.”

In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit the combination of individual employees. This is, in particular, federal laws about state and municipal unitary enterprises, bodies of the judicial community, advocacy and advocacy, magistrates. The list of such acts also includes resolutions of the Government of the Russian Federation (for example, a resolution regulating the procedure and conditions of part-time service (work) in the system of the Ministry of Internal Affairs of Russia).

The ban on part-time work is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition to this, can only engage in teaching, scientific or other activities. creative activity. The conditions for part-time work for teaching, medical, pharmaceutical and cultural workers are also special and are regulated by the Labor Code and other laws and regulations. For example, by the eponymous resolutions of the Government of the Russian Federation dated April 4, 2003 No. 197 and the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.”

We conclude an employment contract with a part-time worker and register him for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for his main job. An employment contract with a part-time worker is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other with the employee’s mark “Received the second copy of the employment contract” is kept by the employer.

NOTE

Part-time work: what has changed

To assess the volume of innovations associated with part-time work, you need to at least look through new edition Labor Code. Olga Rusakova did this for you, and all you have to do is look through the list of main changes and pay attention to those that are relevant specifically for your company.

1. Article 98 of the Labor Code, which regulates labor relations with part-time workers, has become invalid. New articles have appeared: 60.1 - on part-time work and 60.2 - on combination.

2. Rules for conclusion have been established special type employment contract - on performing work on a part-time basis.

As before, the working hours of a part-time worker should not exceed 4 hours a day. But the norm - no more than 16 hours a week - is outdated.

Now, within one month (another accounting period), the duration of working hours when working part-time should not exceed half monthly norm working hours (standard working hours for another accounting period) established for the corresponding category of workers. Moreover, on days when the employee is free from work duties at his main place of work, he can work part-time full time (shift). The specified restrictions on the duration of working hours when working part-time do not apply in cases where the employee:

At the main place of work, it was suspended in accordance with Part 2 of Article 142 of the Labor Code of the Russian Federation (due to the employer’s violation of the terms of payment of wages);

Suspended from work on the basis of Part 2 or 4 of Article 73 of the Labor Code of the Russian Federation (if it is impossible to transfer the employee to another job in accordance with a medical report).

3. Additional grounds for terminating an employment contract with part-time workers have changed significantly. Previously, an employment contract with a part-time worker could be terminated if an employee was hired for whom this work would be the main one. Now the legislator has clarified that such an agreement can only be indefinite, and has established the time frame within which the employer is obliged to notify the employee in writing - no less than two weeks before dismissal.

4. Serious changes affected Article 332 of the Labor Code. Previously, “when filling positions of scientific and pedagogical workers in a higher educational institution, with the exception of the dean of the faculty and the head of the department, the conclusion of an employment contract was preceded by a competitive selection.” Now the law allows for the hiring of a research and teaching staff member without a competition, but only on a part-time basis. This was done “in order to maintain the continuity of the educational process.”

It is necessary to stipulate in the employment contract that the work will be performed on a part-time basis (paragraph 4 of Article 282 of the Labor Code of the Russian Federation). For example, the corresponding provision may look like this: “The employee is hired by the Employer on a part-time basis.”

A typical mistake made by employers: with an employee who is hired as internal part-time worker, a new employment contract is not concluded. In this case, the salary is calculated simultaneously for both the main job and the job performed part-time.

However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, this employee will appear twice in the timesheet: as the main employee and as a part-time employee.

Scroll mandatory documents when hiring on a part-time basis, it is given in Article 283 of the Labor Code. This:

Passport or other identification document;

A diploma or other document on education, professional training if the upcoming work requires special knowledge (or duly certified copies of such documents);

Certificate about the nature and working conditions at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.

However, the listed documents may not be required from the internal part-time worker, since copies of all necessary documents such an employee has already presented.

Working hours

The legislation, as before, limits the maximum working hours of part-time workers, but does not indicate the minimum duration.

“The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly working time standard (working time standard for another accounting period) established for the corresponding category of workers” (Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the standard working time is 40 hours, then the duration of a part-time worker’s working time cannot exceed 20 hours.

ADVICE

If the company employs part-time workers

1. You need to hire an employee on an internal part-time basis for a similar vacant position. In such a situation, it is better to make changes to the staffing schedule in advance. Namely: rename the position or introduce a new one staffing unit, make adjustments to job description or make a new one. For example, if an employee’s main place of work is a secretary-assistant, then offer him a part-time position as a secretary.

2. You hire an employee on a part-time basis for hard work, work with harmful and (or) dangerous working conditions. State in the employment contract the employee’s obligation to notify you if his working conditions at his main place of work become similar.

3. In your organization there are part-time workers whose work results, qualifications, speed, and quality of work are higher than those of the main employees. Keep in mind that you can set part-time bonuses for complexity, intensity and thus increase the amount of remuneration. We are, of course, talking about employees who occupy the same positions with the same job descriptions.

note: restrictions on working hours when working part-time do not apply in two cases.

First case. The employee suspended work at his main place of work due to the employer’s violation of the deadlines for paying wages (Part 2 of Article 142 of the Labor Code of the Russian Federation).

Second case. The employee is suspended from his main job in accordance with a medical report, and it is impossible to transfer him to another job (Parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation).

Considering that the working time and rest time regime (it is usually individual for part-time workers) is prerequisite To be included in an employment contract, it must be stated in the employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:

“The employee is assigned a five-day working week of 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.

Days off for the Employee are Saturday and Sunday.”

“The employee is assigned a 12-hour workweek. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.”

Salary

The work of part-time workers is paid “in proportion to the time worked, depending on output or on other conditions determined by the employment contract. This is indicated in Article 285 of the Labor Code of the Russian Federation.

When standard assignments are established for persons working part-time with time-based wages, wages are paid based on the final results for the actual amount of work performed.” At the same time, part-time workers must be paid all the necessary regional coefficients and bonuses, where they are established.

NOTE

Combination: don't miss out on innovations

Previously, the Labor Code did not regulate combination issues. Now, Article 60.2 regulates the procedure for performing additional work:

When combining professions (positions);

Expanding service areas, increasing the volume of work;

Fulfilling the duties of a temporarily absent employee without release from work specified in the employment contract.

In accordance with Article 60.2, with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay (Article 151 of the Labor Code RF).

The legislator has established that the employer establishes the period during which the employee will perform additional work, its content and volume with the written consent of the employee.

Along with the new article, the employee has the right to refuse to perform additional work ahead of schedule, as well as the employer’s right to cancel the order to perform it ahead of schedule, warning the other party about this in writing no later than three working days.

As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a remuneration system for a part-time worker is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: “the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and maximum size is not limited." When setting wages, any kind of discrimination is prohibited.

A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked standard working hours during this period and fulfilled labor standards (labor duties) cannot be lower minimum size wages." But the remuneration of part-time workers can be calculated in proportion to the time worked or in proportion to production and, thus, be less than the minimum wage.

Vacation

The procedure for granting leave to part-time workers is clearly stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for their main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is provided in advance.”

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for an employee after six months of continuous work with a given employer” does not apply to part-time workers. For external part-time worker who wishes to receive another vacation simultaneously with a vacation from his main place of work, it can be recommended to take the appropriate certificate from his main place of work and present it to the employer for whom he is working part-time.

The duration of vacation for part-time workers, as well as for main employees, cannot be less than 28 calendar days(Article 115 of the Labor Code of the Russian Federation). If the duration of leave for a part-time worker at his main job is longer than for a part-time job, the employer is obliged, at the request of the part-time worker, to provide him with leave without pay for the corresponding duration. Calculation of the average salary for vacation pay and compensation for unused vacations produced according to general rules. This is stated in Article 139 of the Labor Code.

What to do if a part-time worker, having used his vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee’s salary for unworked vacation days.

Guarantees and compensation

For employees working part-time, guarantees and compensations provided for by law, local regulations, agreements are provided in in full. An exception is the list of guarantees and compensations for “persons combining work with study, working in the Far North and equivalent areas.” In these cases, guarantees and compensation are provided to employees only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

Another exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of the organization or termination of activities individual entrepreneur(clause 1 of article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, individual entrepreneur (clause 2 of article 81). Such an employee is paid only severance pay in the amount of average monthly earnings based on Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at his main place of work, he does not retain the average monthly salary for the period of employment.

Dismissal

An employment contract with a part-time worker in accordance with Article 288 of the Labor Code may be terminated by common grounds. Let us remind you that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for termination of an employment contract: “an employment contract concluded for an indefinite period with a person working part-time may be terminated if an employee is hired for whom this work will be the main one.”

note: We are talking about a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to warn a part-time worker about this in writing. Moreover, this must be done at least two weeks before the specified event.

In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to make a full settlement with him.

And one moment. According to Article 66 of the Labor Code of the Russian Federation, “at the employee’s request, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.”

LLC "Cascade" represented by general director Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the Employer, and citizen of the Russian Federation Limonova Maria Grigorievna, hereinafter referred to as the Employee, entered into an additional agreement as follows:

“The employee is entrusted, in order to combine positions, with performing the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month.”

2. This additional agreement is an integral part of the employment contract and comes into force on October 10, 2006.

Addresses and signatures of the parties...

Combination of professions (positions)

When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional pay (Article 60.2 of the Labor Code of the Russian Federation). Let's look into the nuances.

Under combination of professions refers to the performance by an employee, along with the work specified in the employment contract, of additional work in another profession. Combination of positions- this is the performance by an employee of additional work in another position. The concept of “combining professions” applies to workers, and the concept of “combining positions” applies to employees and specialists.

The combination also includes expanding service areas, increasing the volume of work. In this case, the employee, along with the work specified in the employment contract, performs an additional amount of work in the same profession or position.

And finally, another type of combination is the performance of the duties of a temporarily absent employee without release from work specified in the employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or other reasons) and who, in accordance with current legislation, is retained workplace(job title).

The period during which the employee will perform additional work is established by the employer with the written consent of the employee. This is stated in Article 60.2 of the Labor Code of the Russian Federation. The amount of payment for combined work is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.

All types of combining professions (positions) can be assigned only with the written consent of the employee. The combination is formalized as follows. Due to the fact that the conditions on the “labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee)” are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.

Based on the concluded additional agreement, it is necessary to issue an order on combining positions, for example, with the following text:

“Maria Grigorievna Limonova, secretary-assistant, shall be entrusted, in order to combine positions, with performing the duties of an office manager from October 10, 2006, with an additional payment for combining positions in the amount of 5,000 rubles per month.”

note: when registering a combination, you do not need to enter into a new employment contract, nor do you need to make entries in the work book.

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party in writing no later than three working days in advance (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement to the employment contract is also concluded, and on its basis an order is issued to cancel the combination.

Personnel records management and Labor law