Any person who works in an organization can enter into employment contracts with other enterprises and engage in additional work activities in their free time. This is called part-time work. Basics workplace differs from an organization where a worker works on a part-time basis, in that this enterprise stores and maintains the employee’s work book. Since the work book is very important document, many personnel officers are interested in the question of whether it is necessary to make an entry in the work book about part-time work, and what documents are needed for this. Moreover, a person can work part-time as at the place of his main job ( internal part-time job), so in another enterprise (external part-time).
Features of working part-time
If a person gets a part-time job at his main place of work, he should be aware that his employer cannot demand that he present any documents. This is explained by the fact that this enterprise already has everything that contains the necessary information about the employee.
Choosing Additional income in another organization, an employee can independently choose whether to provide his work book to the new management or not. Making this decision is the legal right of any working citizen of the Russian Federation, and not his responsibility. If the organization where a person gets a part-time job requires a work book, he can turn to a lawyer to protect his rights.
Work record and part-time work
A work book is a document that contains all the information about an employee’s work activities. Relevant records of admission/dismissal/transfer are made in the personnel department at the main place of work.
Article No. 66 of the Russian Labor Code states that a record of the fact that a person is hired for part-time work is not mandatory. However, the employee himself can decide whether to include part-time work in the work book or not. A mark on part-time work is made only at the main workplace. The basis for it is a document that becomes confirmation of additional work activity.
The only caveat is that the legislation does not provide information on whether the employee’s desire to make an entry about part-time work in his work book must be expressed in writing or whether an oral statement will suffice. One way or another, lawyers advise writing a written statement indicating the corresponding request to the manager.
Why do you need a part-time record?
It will be beneficial for any employee to insist that an entry be made in the work book about part-time work. This is justified by the fact that with its help, during subsequent employment, he will be able to prove his experience in a certain position. Despite this, there are times when such recording is undesirable. In particular, this applies to those cases where management at the main workplace is categorically against their employee having additional income.
The absence of a record of part-time employment is not a violation of the rules of the Labor Code. However, labor relations between a manager and a part-time employee appear only after the signing of a cooperation agreement, which is considered a mandatory document, regardless of the type of work.
Making a record of external/internal part-time work
After answering the question about whether information about part-time work is entered into the work book, it is necessary to talk in detail about the rules for registering the corresponding note in the work book. When carrying out additional work activities, the employee is obliged to provide a certificate to his main workplace, which is the basis for making a record of part-time work. This document must indicate:
- name of the enterprise, structural unit,
- title of the position held,
- employment date,
- organization details.
In addition to the certificate, management from the part-time workplace will issue a copy of the employment order, which must be certified in accordance with the Labor Code of the Russian Federation. On this paper the inscription “Copy is correct” is written, a stamp, position, full name and signature of the personnel officer are placed.
An application for making a record of part-time work is completed in free form and a copy of the certificate and order from the additional place of work is attached to it. The original certified copy of the order and certificate is stored in the employee’s personal card at the main place of work or is inserted into the work book.
In addition, it is necessary to consider the procedure for making an entry about internal part-time work and find out whether an entry about part-time work in the same structural unit is made in the work book. Since the entry on part-time work is the personal desire of the worker, work activity in any position (including in the same structural unit of the organization that is the main workplace) may be indicated in the work book. To do this, the employee must draw up an application addressed to the manager (in free form), and then the employer issues a corresponding order, on the basis of which the necessary entry is made in the personnel department. At the same time, the manager must be aware that the legislation of the Russian Federation does not provide for a unified form of such an order, and therefore it can be drawn up in any form.
The entry itself, which indicates the fact of part-time employment with one employer and is entered in the work book, is drawn up in the same way as a mark on employment. It should be written in the section with information about the work, indicating the serial number, date, name of the structural unit, organization and profession of the employee.
Making a record of part-time employment after dismissal
Lawyers are often asked whether it is possible to make an entry about part-time work in the work book after dismissal from the main workplace. Since information about additional work will never be superfluous, the employee can, if he wishes, go to former leader and ask him to make a note that at the time of his employment at his main place of work, he worked part-time in another organization. To do this, you will need to have a certificate of part-time work (taken from the place of work as a part-time worker). With this document, you should visit the personnel department of your former place of work, where its employee will make the necessary entry.
Additional work activities performed in time free from main duties are defined in labor legislation as.
In order for such work to become official for the employee, it is necessary to draw up and sign a separate document.
An officially employed person receives the rights to all social benefits and payments provided for by law and local documents in force at the enterprise or organization. At the same time, he does not lose social guarantees at his main workplace.
According to Article 282 of the Labor Code, work as a part-time worker must be carried out exclusively during free time from main duties.
And so that additional responsibilities are not fulfilled to the detriment of the main ones, the legislation establishes a limit - part-time workers. That is, in one working month they produce only half of the established norm and receive half the rate assigned by the employer for this position.
In some cases, the procedure for working at an additional workplace may be changed:
- If an employee stops working at his main place of work, additional work activity for him automatically turns into his main job.
- If the employee has not notified the employer about his dismissal from his main workplace, he can also take the place of a part-time worker, but he still has the opportunity to change the terms of the concluded contract (it is enough to submit the appropriate application and confirm the stated request with documents).
In what cases is this allowed?
It should be borne in mind that an agreement concluded for part-time work cannot automatically be re-qualified as the main document.
Although this is permitted according to current labor legislation in the above cases (dismissal or).
The employer is not obligated to make changes to an existing contract. The only initiator of such changes in this situation can be only the employee himself, interested in moving to full-time work at a full-time position. But at the same time, the immediate supervisor must also express his consent to making changes.
That is, any adjustment to an existing contract is made by agreement of the two interested parties.
Design nuances
If both parties agree to registration on a permanent basis, the employer has two options for the employee:
- He has the right to terminate an existing contract and issue new document, taking into account the hiring of a person to a vacant position on a permanent basis.
- He can draw up an additional agreement and sign it together with the employee.
Such a document will amend an existing agreement. For example, it will indicate that 
the employee is accepted to the main place of work and is paid in full.
It should be noted that the employee is not required to present his work book. Therefore, the employer is not responsible for concealing data (for not having a main place of work).
But it is prohibited to formalize a transfer according to article of the Labor Code under number 72.1 (the nature of the employee’s work activity or workplace does not change).
Registration procedure
If registration is made through the standard dismissal procedure, the initiative may come from: 
- From the employer. He refers to the presence of a person who wants to get a job on a permanent basis, and dismisses the employee engaged in part-time work. In fact, this is the same person, but there is no violation of the law - the procedure is legal.
- From an employee. An employee submits an application for dismissal due to at will.
In both cases, the procedure takes a minimum of time. All dismissal documents are completed on one day. And in the second, a person is hired for a vacant workplace. If there was a record of the employment of a part-time worker, it is necessary to make a note about his dismissal.
To document orders, unified forms are used: T-8 (dismissal) and T-1 (admission to a vacant position).
If registration is made through drafting, the employer offers in writing to make these changes, or the employee writes a statement asking to adjust the existing contract.
After which an agreement form is prepared (in two copies at once). The document is registered in a special accounting journal designed to record contracts. After signing it, the second copy is handed over to the employee.
Then the manager issues an order in which he orders changes to be made to staffing table and the procedure for calculating salary for this employee (if the work schedule has changed!).
Calculation of working hours and payment
There are two options for a person previously employed as a part-time worker: 
- he switches to full-time work, and this fact is reflected in the contract or additional agreement;
- The working day remains the same, that is, incomplete, at the request of the employee (there is no legislative prohibition on this type of work activity in these conditions!).
In this case, it is necessary to distinguish between the concepts of part-time and shortened days. Reduced work hours are established only for certain categories in accordance with Article 93 of the Labor Code.
If an employee has expressed a desire to work part-time, he must reflect this in the application. When drawing up an additional agreement or contract, the employer will refer to the submitted application and satisfy the employee’s request.
Payment will be calculated according to actual time worked. And in case of full employment, the established amount is paid in full.
A part-time worker is an employee who, in his free time from his main job, performs other work under a separate employment contract. Part-time work involves doing work in your free time from your main activity. For this purpose, a separate employment contract is drawn up. For more details, see Part 1 of the Labor Code of the Russian Federation.
Part-time work can be internal and external. In the first case, the work is carried out at the place of main activity, and in the second - in other organizations.
How to apply for a part-time job
The article will help you find out how to formalize a part-time job, an agreement for external and internal part-time work, hiring a part-time worker, who can be one and what labor guarantees such employees are entitled to.
Many citizens prefer to combine time free from their main activities with additional responsibilities. Sometimes it involves performing similar processes. And sometimes it affects completely different areas of activity. We will talk about who can work part-time and under what conditions, as well as about labor rights and guarantees in this article.
A certain number of part-time places, limited by law, is not provided for. A citizen can work in this way in as many organizations as he wants, if he has the time and opportunity to do so.
to menu
What to do if an employee working part-time in an organization quits his main job
A part-time worker is an employee who, in his free time from his main job, performs other work under a separate employment contract. Consequently, as soon as an employee leaves his main place of work, he loses his part-time status.
At the same time, based on the provisions of the current legislation, the mere fact of dismissal of an employee from his main place of work:
- is not a basis for the dismissal of a part-time worker, since the legislation does not contain such a basis;
- is not a condition for the automatic transfer of an employee from a part-time job to his main place of work.
The law does not oblige an employee to notify the employer for whom he works part-time of his dismissal from his main job. Likewise, the employer has no obligation to check whether the employee has a primary place of work and require supporting documents. Therefore, a situation is possible where the employer does not even know that the employee has quit his main job.
If the employer nevertheless becomes aware of the employee’s dismissal from his main place of work, then the employee’s transition from part-time work to his main job should be formalized. The fact is that an employee’s concealment of the fact of dismissal from his main place of work may in the future call into question the legality of labor relations.
to menu
Who cannot be accepted part-time
The following categories of citizens do not have the right to work part-time:
- Persons who have not reached the age of eighteen.
- Employees of the prosecutor's office, with the exception of those engaged in creative, scientific or teaching activities.
- Citizens whose work is recognized as dangerous or harmful, and they want to work part-time in similar conditions.
- Judges, with the exception of those engaged in creative, scientific or teaching activities.
- Persons whose work is related to vehicle management and they want to carry out part-time activities in a similar area. Full list professions on this item is reflected in the Government Decree Russian Federation No. 16 dated January 19, 2008
If an employee who is prohibited from performing part-time work is nevertheless hired, then he should be dismissed on the basis of a violation of the rules for concluding an employment contract in accordance with.
A person carrying out part-time activities has the right to the following guarantees and compensation in accordance with the Labor Code of the Russian Federation:
- Annual additional paid leave.
- Reduced working hours.
- Increased wages.
to menu
Frequently asked questions on the topic: part-time work
Question 1: Can the same person be an accountant both in the main organization and part-time?
Answer: Yes. If he has time for this. The law does not restrict this type of activity.Question 2: Can a military man work part-time?
Answer: No. With the exception of those engaged in creative, scientific or teaching activities. In addition, this work should not interfere with the conscientious performance of official duties of the military personnel.Question 3: Can the head of a municipal unitary enterprise be a part-time worker?
Answer: No. He has no right to engage in any paid work, with the exception of creative, scientific and teaching activities.Question 4: Can the same person be a taxi driver for two different companies?
Answer: No. As already noted at the beginning of the article, persons whose work is related to management vehicle cannot carry out activities in this area part-time.Question 5: Can the same person be a driver for one taxi company and a dispatcher for another?
Answer: No. Can not. According to the law, a person associated with driving a vehicle and controlling the movement of a vehicle cannot carry out such activities both in his main job and part-time.Question 6: Can an employee be hired part-time in the same company and for the position that he occupies in his main job?
Answer: Yes. An employee may enter into employment contracts to perform work during his free time from his main activity with the same employer.Question 7: Does the general director, who is the sole founder of a commercial company, have the right to work part-time in another organization?
Answer: No. WITH general director who is the sole founder of a commercial organization, no contract is concluded. It turns out that such a citizen is not in labor relations either. Therefore, this general director will not work part-time, but as his main job.Question 8: Is it possible to carry out part-time activities at work with hazardous working conditions?
Answer: If the citizen’s main activity is not related to harmful working conditions, then it is possible.Question 9: Can a person who works part-time in a job with hazardous conditions get a similar job also part-time?
Answer: No. But with the exception of certain categories of workers.These include:
- Cultural workers.
- Teachers.
- Pharmacists.
- Doctors.
They have the right to carry out part-time activities only in compliance with certain conditions noted in the Labor Code of the Russian Federation.
For such persons working part-time, there are special conditions for the duration of work. detailed information on this issue is reflected in the table:
to menu
| Employee category | Working hours conditions for such a part-time worker | Base |
|---|---|---|
| Medical workers. Except as noted below | No more than half monthly norm working hours according to the length of the working week | Paragraph 2 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Medical workers with half the standard working hours at their main place of work are less than 16 hours a week | No more than 16 hours per week | Paragraph 3 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Doctors and nursing staff in areas with staff shortages | No more than the monthly working hours established by federal or local authorities | Paragraph 4 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Junior medical staff | ||
| Pharmaceutical workers, with the exception of junior pharmaceutical personnel | No more than half the monthly working time based on the length of the working week | Paragraph 2 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Junior pharmaceutical staff | No more than a monthly standard working time based on the length of the working week | Paragraph 5 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Teaching staff, including trainers and trainer-teachers. Except as noted below. | No more than a monthly standard working time based on the length of the working week | Paragraph 6 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Teaching staff, including trainers and trainer-teachers, whose half the standard working time at their main place of work is less than 16 hours a week | No more than 16 hours per week | Paragraph 7 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
| Cultural workers involved as teaching staff additional education, choreographers, artistic directors, accompanists, choirmasters, accompanists | No more than a monthly standard working time based on the length of the working week | Paragraph 8 of subparagraph “b” of paragraph 1 of the resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. |
IMPORTANT! Disputes often arise with labor inspectors on this issue. They express a negative opinion regarding the employment of part-time workers who work in similar conditions at the main workplace.
to menu
Explanation of the opinions of labor inspectors:
According to the Decree of the Government of the Russian Federation No. 197 of April 4, 2013, subparagraph “a” of paragraph 1 of the Decree of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. and part 6 for the categories of workers listed in the table, certain conditions apply. There is nothing said about “harmfulness”.
Since part 6 of Article 282 of the Labor Code of the Russian Federation states that special conditions apply in conjunction with the conditions noted in the specified code and other laws.
There have been cases where such cases reached legal proceedings. However, a positive result in these cases has a greater guarantee than a negative one.
to menu
Length of working hours for a part-time employee
The total working day for people working part-time should not be more than 4 hours a day. This is stated in the Labor Code of the Russian Federation. However, in cases where a person is not busy with his main job on a certain day, then he can work part-time full time. It is worth noting that during one accounting period, the duration of work of a person working part-time should not be more than half the standard working time for the specified period (Part 1 of Article 284 of the Labor Code of the Russian Federation).
There is no need to comply with restrictions on part-time working hours in the following cases:
- The employee no longer works due to the fact that his wages are being delayed.
- The employee was suspended from work due to health problems. However, his position was retained for a period of up to 4 months.
- The employee is the manager, chief accountant or deputy head of the organization and was removed from work for health reasons while retaining his position.
Question: When will part-time work be recognized as overtime?
Answer: In this situation, according to the Labor Code, overtime work is considered to be work where the working hours exceed those established for the employee.If an employee is employed at his main place of work, then the daily duration of his part-time working day should not be more than 4 hours a day. A citizen working part-time can be busy for more than 4 hours a day if he is free at his main place of work that day.
For example, if a person is free from his main job on a certain day, then after 8 hours of part-time work, his activity will be recognized as overtime.
A part-time worker has the right to work less. Then overtime for him will be recognized as work that exceeds the established standard working hours. So, if, in accordance with the employment contract, a part-time worker is obliged to work three hours a day, then overtime must be paid overtime.
to menu
Labor rights and guarantees for part-time workers
Persons working part-time have the right to labor guarantees equally with other employees. This is evidenced by Part 2 of the Russian Labor Code.
What a part-time worker can count on:
- Lunch break. Even if a part-time worker works part-time, he can still count on a lunch break. The employer can indicate in the contract the duration of the break (30 minutes during the work shift).
- Annual paid leave (28 calendar days).
- . But from one of the employers.
A part-time worker can be fired as soon as the main employee appears
One of the grounds for dismissal of a part-time employee with whom an employment contract has been concluded for an indefinite period is the hiring of a main employee.
Moreover, it does not matter at all what work schedule will be established for the employee who replaced the part-time worker. He can work, for example, part-time or part-time. The main thing is that this is the main job for the new employee.
to menu
How to provide annual paid leave to part-time workers
The procedure for granting leave to part-time employees is provided for in the Labor Code of the Russian Federation. Part-time employees must be granted annual leave simultaneously with leave at their main place of work. Moreover, if an employee has been working part-time for the first year, he does not have to wait the required six months to receive leave. The organization is obliged to provide such an employee with leave in advance.
The part-time worker may be required to provide documents confirming the fact of leave for his main job. Such confirmation could be, for example, a copy of the order granting leave.
The duration of annual leave at the main place of work and part-time work may not be the same. If the leave from a part-time job is shorter, the employee can compensate for the missing part of the days by taking leave from a part-time job at his own expense.
to menu
Special categories of part-time workers
- Passport.
- A copy of the education document.
- Certificate about the nature and working conditions at the main job, if there is employment with heavy, harmful or dangerous conditions labor.
The work book is provided at the request of the employee. Entries about part-time work in the work book are made in the same way. If an employee wants to have a record of part-time work entered into the work book at his main place of work, then he must provide a document there that can confirm his part-time activity. This could be an employment contract, an extract from an employment order or a certificate. It is important that the necessary information is included there.
When registering a part-time worker, you must conclude an employment contract with him. This applies to both internal and external part-time workers. The contract must necessarily confirm the fact of part-time activities (Article 282 of the Labor Code of the Russian Federation). All other information in this document is typical. It is similar to that specified in regular employment contracts.
The procedure for hiring a part-time worker includes the following steps:
- Issuing an admission order.
- Registration of a personal card.
When hiring a person for different positions, a separate package of documents should be drawn up for each of them. Consequently, orders, contracts, and personal cards are created in two copies (Article 283 of the Labor Code of the Russian Federation).
An example of hiring a citizen who will work part-time.
Petrova A.P. accepted into the organization Gazprom LLC as a secretary-assistant. She will be an external part-time worker according to the employment contract.
The director of Gazprom LLC issued an order for employment in form No. T-1. At the request of A.P. Petrova, she was given a certificate confirming her employment on a part-time basis. Based on the specified document, the person maintaining personnel records at the main job makes an entry about part-time work in the work book of A.P. Petrova.
Registration of dismissal of an employee working part-time
Secretary of the organization Gazprom LLC E.V. Petrova, who worked part-time, quits of her own free will. A dismissal order was issued at Gazprom LLC. As a general rule, a part-time worker can be dismissed on the grounds provided for in Article 77 of the Labor Code of the Russian Federation. In addition, the Labor Code of the Russian Federation provides additional grounds for the dismissal of a part-time worker: if an employee for whom it will be the main one is hired for the same position. In this case, the employer must notify the part-time worker at least two weeks before terminating the employment contract. This is stated in Article 288 of the Labor Code of the Russian Federation.
Familiarize the employee with the order and sign it.
At the place of main work (in the Rostneft organization), on the basis of a copy of this order, the person responsible for maintaining personnel records made an entry about the dismissal in the employee’s work book. Records of part-time work (including records of dismissal) are made at the request of the employee at the main place of work. Make an entry about dismissal from a part-time job only if it was preceded by an entry about hiring for such a job. Enter the entry in the “Work Information” section of the work book.
Indicate the date of the employee’s dismissal from part-time work (it may differ from the date the dismissal order was issued) (clause 5.1 of the Instructions approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69)
In the entry, indicate that the employee was dismissed from a part-time job, indicating the full and abbreviated (if any) name of the former employer. In addition, provide a link to the article of the Labor Code of the Russian Federation, which was the basis for dismissal.
Note: An example of an entry in a work book when a part-time worker is dismissed.pdf 124 Kb
to menu
Frequently asked questions on the topic of “working part-time”
Question 1: Should an external part-time employee present an insurance certificate of compulsory pension insurance when hiring?
Answer: No. Article 283 of the Labor Code of the Russian Federation contains a list of documents that should be presented in this case. AND insurance certificate mandatory pension insurance not on this list. To pay pension contributions, you will only need the details of the employee’s pension card.Question 2: Does an external part-time worker have to present permission to operate from the main place of business?
Answer: According to general rules, it's not obligatory. But some categories of workers can work part-time for another employer only with permission from their main place of business.Thus, according to Part 1 of the Labor Code of Russia, the head of a company can work according to external part-time job exclusively with the permission of the owner of this organization, board of directors or authorized body.
Coaches and athletes can work part-time only with permission from the main employer. If an athlete is temporarily transferred from one employer to another, he must obtain a work permit from both places of activity.
Other categories of workers can work without permission from their main place of work.
Question 3: Is it possible to conclude a fixed-term employment contract with a part-time employee if the nature of the work implies the possibility of concluding a labor contract for an indefinite period?
Answer: Yes. But by agreement of the parties. This is possible both at the request of the employer and the employee.Question 4: Is it permissible to include in an employment contract a condition according to which the employee will not be able to work in other organizations on a part-time basis?
Answer: No. The contract cannot include a ban on external part-time work, unless otherwise provided by Part 2 of Article 282 of the Labor Code.Question 5: Is it permissible to establish a probationary period for an employee who previously worked part-time and is now assigned to his previous position at his main place?
Answer: Yes, if the procedure for the employee’s transition to his main job includes dismissal and rehiring. This condition should be noted in the concluded employment contract.If the employee’s transition to the main type of activity is formalized by concluding an additional agreement to the TD, then probation not installed.
This article will help you find out how to apply labor Relations with a remote employee working remotely, whether a work schedule is established for him and what is the procedure for dismissal.
Is it possible for your subordinate to work two jobs at the same time? You decide. But when hiring a part-time employee, you need to know that both places of work are official and protected by the law of the Russian Federation. Let's consider the specifics of employing a part-time employee.
Types of part-time jobs
Part-time work is the official work activity of a person with one or more employers (Article 282 of the Labor Code of the Russian Federation).
Part-time work is regulated. 44 Labor Code of the Russian Federation. Art. 282 regulates that this type of activity must meet a number of requirements:
- Carried out under an employment contract with a part-time note.
- You can work only when the main entrepreneur has free hours: in the evening or on free days according to the schedule.
- Paid as the main job, according to days or hours worked.
According to the Labor Code, part-time work is divided according to the specifics of the place of employment:
- Internal part-time work – a person combines 2 types of activities for one entrepreneur. Provides for the signing of 2 contracts with the employer. This type is suitable for both sides at once. The entrepreneur receives a qualified specialist for the required position, who will be able to achieve his goals and make a profit. The employee does not need to look for additional income elsewhere, and his labor potential will be used in in full.
- External part-time work – the employee enters into a second employment contract in another company and works during free hours. At the same time, an employee can enter into additional contracts with any number of companies. The main thing is that it does not harm the main place of work.
Who can work part-time?
If an employee decides to work part-time, then he does not need permission from his main boss. Everyone has the right to decide for themselves whether they can combine 2 types of activities or not. But labor legislation provides for restrictions (Articles and the Labor Code of the Russian Federation) for a certain part of the population to carry out combined activities.
Cannot work part-time:
- persons under 18 years of age (for any type of activity);
- workers whose work is considered difficult, harmful or associated with risk or danger;
- drivers who drive not only public, but also any type of transport, as well as persons involved in regulating traffic.
Restrictions on part-time work:
- MP State Duma can simultaneously carry out only teaching activities or conduct scientific work.
- Employees holding management positions legal entity, can carry out part-time work only with the permission of the owner or founder of the company. The document is drawn up in writing. This is due to increased responsibility in the main position and busyness. Some types of activities are protected by the owners from competitors, and a part-time worker can harm the development of the company. This nuance is included as a separate clause in the contract between the main employer and the hired person.
Registration according to the Labor Code
To apply, the applicant must have the following documents:
- Passport.
- If the additional place is associated with risk or hard work, then a certificate from the main company about the nature of the employment.
- Diploma or certificates confirming the employee’s professional suitability (if the type of activity requires it).
- Individual personal account insurance number (SNILS).
Remember that the part-time worker will not be able to provide you with a work book, since it is located at his main place of work. The employer is not required to maintain a work record book for a person hired part-time.
The main thing that an employment contract should reflect is the time of employment and how the work will be paid.
Work time
Part-time workers' working hours and schedule are negotiated by the entrepreneur and reflected in the employment contract and schedule. When drawing up a part-time work schedule, an entrepreneur must take into account that an employee’s workload should not exceed 4 hours per day, and 20 hours per week. The norm is considered to be employment of no more than 40 hours, external part-time worker can work the maximum amount - ½ of this time.
Employment should not exceed 40 hours per week; an external part-time worker can work a maximum amount of ½ of this time.
- If activities at the main job are suspended due to non-payment of wages or delays (Part 2 of Article 142 of the Labor Code of the Russian Federation).
- The employee was removed from his main position due to health reasons, while his job was retained (parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation).
The hours that a person worked part-time are entered into the time sheet. If the part-time job is internal, then working hours are entered in a separate timesheet. In this case, the employee is assigned 2 personnel numbers.
How to pay salaries
According to the Labor Code of the Russian Federation, payment to a part-time worker does not have its own characteristics. If labor is calculated in time, then payment, accordingly, is calculated according to the hours worked. In case of piecework, the calculation is made based on output or on other conditions that are reflected in the employment contract.
Beginning entrepreneurs should understand that a part-time worker must receive all social and insurance benefits. In the case of pregnancy and childbirth - also if the employee has been in the position for more than 2 years.
In case of internal compatibility, the employee is required to provide one sick leave, with external – two. The second document states that it is for part-time work and contains the details of the main certificate of incapacity for work.
Vacation specifics
If a layoff is coming, you need to warn the employee 2 months in advance, against his signature, about the upcoming dismissal (Article 180 of the Labor Code of the Russian Federation). If an employee works part-time on a permanent basis, then additional rules for dismissal are provided: he can be fired if a person comes to work for whom this position will be the main one (Article 288 of the Labor Code of the Russian Federation). In such a situation, the employer is obliged to warn the employee 2 weeks in advance about the upcoming dismissal. If the employee does not agree, then a corresponding act is drawn up, which will serve as the basis for termination of the employment contract.
You cannot fire an employee holding a part-time position while he is incapacitated, maternity leave or planned annual vacation.
The employee must be paid in full no later than the date of termination of the employment contract. If the employee was not at work at that time, then the payment must be issued no later than 1 day after signing the dismissal clause. 140 Labor Code of the Russian Federation.
Upon dismissal, the employee must receive a copy of the dismissal order and a certificate of income.
If the main payment is delayed after dismissal, the entrepreneur will have to pay the former employee a percentage equal to 1/300 of the Central Bank refinancing rate on the day (Article 236 of the Labor Code of the Russian Federation). The delay is calculated from the next day after dismissal until the day the payment is received, inclusive. Compensation is paid after legal proceedings, and the entrepreneur may lose a considerable amount. Plus you will have to pay legal fees.
When hiring a part-time employee, an entrepreneur should not forget about the legal side of the issue. Of course, it is important to give the employee a chance to realize themselves and earn additional income. But it is even more important to pay close attention to the work schedule and the drafting of the employment contract.
In times of crisis, for many people living in Russia, the income from one job is not enough to provide for their family. Thoughts appear about part-time work and further search for a second job that will allow you to earn money more money, but is it possible to work two jobs officially and is it legal?
Official employment in several jobs is not a violation of the law. First, you need to get a job in an organization that will be considered your main workplace. Activities at the second enterprise are considered part-time work.
The division between the two services into primary and secondary employment is divided depending on how long you are in a particular job. The organization where the employee spends most of his working time is considered the main one.
The possibility of part-time activities is prescribed in Art. 60.1 Labor Code RF. This type of service is regulated by Chapter 44 of the Labor Code of the Russian Federation. It contains:
- Basic rules for part-time work;
- Scroll necessary documentation for an applicant for a vacant position;
- Length of working day;
- Payment nuances;
- The procedure for registering and paying for sick leave, vacation or maternity leave;
- What guarantees are provided to a part-time worker?
- The dismissal procedure and its features.
The employment contract with the employee must specify the type of activity: main job or as a part-time worker. The number of combined contracts for one employee is unlimited.
Types of employment
There are two types of part-time work:
- Internal. An employee works at one company, but at the same time performs different functions. In employment agreements, the same organization acts as the employer. The option is quite simple to design and comfortable for both parties. A person actually has one place of work, but performs several job functions. There are also no difficulties with registering a work book, since it is stored in both work options in one place. Another advantage is that there is no need to re-assemble the package of necessary documentation; the employer can independently make duplicates of the necessary papers.
- External. In this situation, the employee enters into two employment contracts with different companies. Accordingly, the workplaces will be located at two different addresses. This option is much more complicated than the first and requires separate paperwork for employment. Yes, and there may be problems with granting sick leave or vacation.
The current legislation of the Russian Federation allows both options for combining activities, so the right to choose remains with the employee.
When combining positions is prohibited
Some categories of civilians cannot officially work two jobs at the same time. It refers to:
- For minor children. They work only in one place and receive additional benefits.
- People doing hard work. They expend a large amount of physical effort to perform job responsibilities, they need time to recover.
- Employees working in hazardous industrial production.
- Other categories of citizens. In Art. 282 of the Labor Code of the Russian Federation states that in addition to the Labor Code, the activities of some workers are controlled by others regulatory documents, which may contain a ban on combining activities. Employees of the prosecutor's office cannot combine service and earn extra money; police; judges; deputies; employees of the Central Bank of the Russian Federation, etc.
Sometimes working two jobs at the same time is officially acceptable, but with some reservations. For example:
- The director of an enterprise can be a part-time worker in another organization, having permission to do so from the owner.
- Athletes or coaches combine positions only after obtaining permission from higher authorities.
An important point when applying for a part-time job is the availability of free time from your main activity to perform job duties. Accordingly, it is officially possible to work two jobs only if the schedules do not coincide (for example, a rotational employment method).
How many rates can one person work?
Labor legislation does not place restrictions on the number additional places work. Each person focuses on his physical capabilities and health status (relevant for pensioners).
Employment is allowed at ½ rate or for an hour per day at the rate of 0.1 rate. Thus, an employee can be employed simultaneously in four organizations. The main thing is that the total number of additional working hours does not exceed the standard established by law (no more than four hours).
Art. 284 of the Labor Code of the Russian Federation states that in his free time a citizen can work at additional work full time (eight hours) and receive a full salary for them.
There are restrictions regarding the standard working hours for the main type of activity. Part-time service should not occupy more than ½ of this norm (no more than twenty hours per week).
Registration procedure
An employee is employed at his main place of business according to the “classic” scenario:
- Drawing up and signing an employment contract, which reflects the nuances of the upcoming cooperation;
- Upon reviewing the list of job duties, the employee must sign this list;
- An order for employment is issued;
- Based on the order and agreement, an entry is made in the work book. It is kept by the HR employee until dismissal.
Getting settled in extra work Providing a work book is not required; you must have with you:
- Passport of a citizen of the Russian Federation or other document confirming the identity of the applicant for the position;
- Education document;
- Certificate from main job indicating the type of activity.
The registration procedure is standard:
- Signing an employment contract, indicating information that the activity is carried out “part-time”.
- The employee is given a list of responsibilities, he signs a document stating that he is familiar with them;
- Drawing up an order for employment.
Since the work book is located at the main place of work, only the employee decides whether he needs a record of additional employment.
How to work: using one or two work books
You can get two jobs at the same time using one book.
A work book will be required when applying for a primary job. It may not be provided to enterprises where you work part-time. Sometimes the employer asks to confirm the employee’s experience and length of service, then you will need to take a copy of the work book, certified by signature and seal, from the main job.
The Labor Code of the Russian Federation does not prohibit an employee from working in two work books, but there may be negative consequences:
- The emergence of difficulties with the tax service;
- Fraud charges and penalties;
- Difficulties in applying for a pension and calculating the total length of service;
- Negative reaction from the employer.
The law does not stipulate that an employee must notify the main place of work about the presence additional activities, but to avoid further problems it is better to do this.
Conclusion
Officially, you can work two jobs at the same time, the main thing is to correctly calculate your energy and time. Remember that unofficial activities are fraught with risks; it is better to formalize everything according to the law, receive guarantees and protection from the state.
