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 official work activity a person from 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 search 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 restrictions are provided (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 work book the part-time worker will not be able to provide it to you, since it is 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; an external part-time worker can work a maximum amount of 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.
With internal compatibility, the employee is required to provide one sick leave, with external compatibility - 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. 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 next day after dismissal and up to and including the day of receipt of the payment. Compensation is paid after legal proceedings, and the entrepreneur can 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.
Part-time work means that an employee performs regular paid work in his free time from his main job. In this case, a separate employment contract is concluded, which must indicate that the employee is accepted as a part-time worker. An employee can have as many such contracts as desired; the Labor Code of the Russian Federation does not limit the number of jobs for part-time workers (Article 282 of the Labor Code of the Russian Federation).
Restrictions associated with part-time work
Workers of some categories cannot be hired on a part-time basis. For example, minors cannot work part-time. In addition, if the nature of the main job and part-time work are the same, then in some cases part-time work is also prohibited. Thus, an employee cannot work part-time:
- at work with hazardous or dangerous conditions labor, if he performs his main work in the same conditions (Article 282 of the Labor Code of the Russian Federation);
- a driver if his main job is also related to driving vehicles (Article 329 of the Labor Code of the Russian Federation).
At the same time, the legislation may provide for other restrictions regarding part-time work. For example, employees of private security organizations cannot work in the civil service (Article 12 of the Law of the Russian Federation of March 11, 1992 N 2487-1). And for teaching and medical workers, the maximum duration of part-time work per month has been established (clause 1 of the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41).
Applying for a part-time job
To be employed, the future part-time worker must provide the employer with a passport (or other identification document), as well as a pension insurance certificate. There is no need to require a work book from him. It must be kept by his “main” employer, and the latter, at the request of the employee, can enter information about part-time work into it.
If a part-time worker applies for a position that requires special knowledge, then he will also have to provide a document on education or qualifications (Article 283 of the Labor Code of the Russian Federation). In addition, depending on the specifics of the work, you may need:
- a certificate from the employee’s main place of work stating that he does not work there in harmful or dangerous working conditions / does not work as a driver;
- a document confirming the completion of a medical examination;
- certificate of no criminal record, etc.
Employment contract with part-time worker
An employment contract with a part-time worker must be concluded within the generally established period. In other words, no later than 3 working days starting from the day he began to perform his job duties (
The organization is considering candidates for the position of part-time driver. A personnel specialist knows that there are certain categories of workers who are prohibited from working part-time. I don’t want to break the law, so I need to decide whether it’s possible to work part-time as a driver? Our experts have prepared an answer to this question especially for readers of the portal.
Part-time work implies a separate employment contract
Part-time work is a situation when an employee, in his free time from his main job, works under a separate employment contract (Part 1 of Article 282 of the Labor Code of the Russian Federation). If additional work is performed at the place of primary employment, then such part-time work is called internal. If an employee combines work for several employers, then this external part-time job(Part 3 of Article 282 of the Labor Code of the Russian Federation).
Current legislation does not impose restrictions on the number of part-time jobs. That is, in fact, the employee may have labor Relations With unlimited quantity organizations (Part 2 of Article 282 of the Labor Code of the Russian Federation).
Not everyone can be part-timers
- minors (Part 5 of Article 282 of the Labor Code of the Russian Federation);
- state and municipal employees (Article 17 Federal Law dated July 27, 2004 No. 79-FZ, art. 14 Federal Law dated March 2, 2007 No. 25-FZ);
- military personnel, except for teaching, scientific and other activities creative activity, which does not interfere with the execution military service(clause 7 of article 10 of the Federal Law of May 27, 1998 No. 76-FZ);
- security guards in relation to public service and paid work in public associations (Article 12 of the Federal Law of March 11, 1992 No. 2487-1);
- judges, lawyers, prosecutors, except for teaching, scientific and other creative activities (clause 3 of article 3 of the Federal Law of June 26, 1992 No. 3132-1, clause 1 of Article 2 of the Federal Law of May 31, 2002 No. 63- Federal Law, clause 5, article 4 of the Federal Law of January 17, 1992 No. 2202-1).
In addition, current legislation imposes restrictions on part-time work for persons hired:
- with harmful or dangerous working conditions, if their main work is harmful or dangerous (Part 5 of Article 282 of the Labor Code of the Russian Federation);
- related to driving vehicles or traffic control Vehicle, if they do the same thing at their main place of work (Part 1 of Article 329 of the Labor Code of the Russian Federation, List, approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16);
- heads of organizations.
An employee of one company/enterprise can work at a second job before work, after work, or on his day off, and do this regularly and officially, with a contract drawn up and appropriate receipt wages and all payments due. This form of work is called external part-time work - if the employee works at different enterprises, and internal part-time job- if on the same one.
Moreover, it is quite officially possible to work not only two, but also three or more jobs. For example, on the main one - full time, on the second - 0.5, on the third - 0.25. Internal and external part-time work is common in both public and private structures. And although the latter sometimes have more choices, the basic provisions remain the same for everyone.
Registration of a part-time worker
According to the law, a person working in this way can and should be officially registered. They submit a standard package of documents to the HR department: passport, identification code, etc. It is impossible to provide the original employment document, since it is located at the main place of work, but the person has the right to demand, and the HR department to issue a certified extract.
- an application from the candidate for employment is submitted, with the relevant documents attached;
- an employment contract is drawn up at the enterprise;
- the head of the enterprise issues an order about Even if there is no order as such, the contract is considered concluded from the moment the employee begins to perform his duties.
In the HR and accounting department, a personal card is created for the employee and a personnel number is assigned.
Part-time agreement
The agreement is drawn up, as a rule, on the basis of a standard establishment agreement. And it must include the following information:
- date of compilation, name, details of the employee and employer and their signatures;
- rights and obligations of the parties;
- payment order;
- provisions regarding working time and rest;
- information about the possibility and procedure for terminating the contract;
- validity period of the document.
The last point is quite important. The contract can be of two types - fixed-term and indefinite. In the first case, it is valid until a certain period, after which it can be terminated permanently or extended further. In the second, it is valid until one of those who signed it decides to terminate the external part-time job. An entry in the work book is made at the main place of work (at the employee’s request).
Probation period and procedure for its appointment
The decision to assign a probationary period is made by the manager. If the position for which an employee is hired requires a testing period, then he can be appointed.
Also probation may be appointed by a supervisor if deemed necessary (although the position may not require it). In any case, this must be reflected in the employment contract.
Working hours and wages
A part-time worker should not work more than four hours a day. Working full time (but not longer) is allowed only if the main place is currently on a day off or vacation. However, these norms apply only to employees of private companies; there are no such strict acts. However, a person should not work more than 40 hours a week.
In general, it is advisable to take into account the time worked and maintain compliance - part-time work should not take up more than half of the time spent on the main job.
The wages of such an employee are set by the manager, who may be based on indicators such as the number of hours worked, sales figures, volume of work performed, etc. The allowances due to the main employees in such a position must also be taken into account. The methodology for calculating wages can also be reflected in all details in the contract.
In addition, there is a provision according to which external part-time work must be paid in accordance with the established minimum. If, after calculation, the salary is less, the law provides for additional payments.
Full time job
In terms of hours worked, an external part-time worker cannot legally work full-time at both jobs. However, full-time wages are entirely possible.
The employer sets the salary, and he can assign an external part-time worker the same payment that the main employees in such a position receive. All these nuances must be present in the contract.
Operating mode
The legislation regulates not only the duration of a part-time job, but also the conditions. If the main job is harmful to health, then the employer does not have the right to take the employee to a second job, also with harmful conditions. If external part-time work involves difficult or harmful conditions, the employee should be provided with a certificate from the first workplace stating that he does not perform such work there.
The same applies to employees managing traffic flows and drivers.
Maternity, educational and planned leave
External part-time workers have the right to annual leave of no less than the period established by the state, as well as to compensation if the leave was not used. There must be information regarding the procedure for provision, and its time is indicated in the company’s vacation schedule
In addition, the Labor Code states that leave must be granted at the same time on the main and extra space work. Its duration should also be the same. Since external part-time work can be arranged without the knowledge of the main employer, responsibility for compliance with this rule lies with the employee. It is advisable for him to notify both employers in advance and agree on dates.
If the employee worked at his second job for less than six months, the company must provide him with leave in advance. In the case when a person has more free days at his main place of work, the part-time worker can take additional days at his own expense at the second place of work.
In addition, an employee can take leave in the following cases:
- if he worked abnormally;
- if you performed work of a special nature;
- if he has sufficient experience;
- as an incentive from the employer.
External part-time work provides the right to maternity and educational leave. The first one is provided for the same period at both the main and additional places of work. If an employee has worked at both companies for the last two years, she can receive maternity benefits in both. Sick leave is submitted to both places.
Child care assistance, however, is allowed by law to be paid only for one place of work, and the expectant mother is allowed to choose where exactly.
As for study leave, according to the law, it is granted on the basis of documents from educational institution at the main workplace. Student benefits are also only available there. The laws regulating external part-time work do not provide for them for part-time workers.
At this time, the employee can either take leave at his own expense or continue to perform his duties - this will not be considered a violation, since the work is performed in free time at the same time.
Sickness benefit
Sick leave for external part-time work is provided for by law, but only if the employee has worked for at least two years. More precisely, such length of service gives the right to payment. If it is not there, then sick leave is paid for only one place of work.
Marks in the work book
As already mentioned, a person does not need to inform management that he has decided to take a second job and arrange an external part-time job. In this case, an entry in the work book will appear only if the employee wishes, on the basis of a document confirming the fact of work. The absence of such a record is not a violation.
Additional responsibilities and positions
Combination and part-time work are two quite similar, but with specific differences concepts. If during part-time work the second job is performed in free time from the first, then when combining positions or professions - during the main work, in parallel, without exemption from it. Carrying out the duties of another employee during his absence also applies here. The law does not limit the number of positions and work that one employee can perform.
Who can hold multiple positions
Previously, it limited the range of specialists who were allowed to combine positions. However, in 2009 this changed. Now, according to the rules, combination is possible for any person, subject to his consent (there is a serious difference here from the conditions that part-time work imposes on people: formalizing cooperation at two or more enterprises is not permitted for police officers, some scientists and some other categories of citizens ).
The only restriction concerns the heads of an organization or institution - people occupying such positions cannot simultaneously perform supervisory functions, for example, be auditors.
Decor
For registration, it is necessary that the desired position is present in the staffing table of the enterprise. Supervisor government agency has the right to independently approve staffing table. The consent of the body performing the functions of the founder is not required for this. Moreover, you can combine both a position for which a full rate is provided, and a position with 0.75 or 0.25 rate.
The scope and duration of duties are determined by the employer with the written consent of the employee. In practice, this is formalized by an order drawn up in free form, which includes the deadline, the scope of new responsibilities, and the amount of additional payment. The employee must give his consent in writing, for example, by writing “I do not object” on the order and putting his signature.
No legal restrictions regarding the time during which an employee can perform part-time work. Both the employee and the employer can terminate part-time work early - this should be notified in writing and no later than three working days in advance.
Payment
The legislation does not regulate the minimum or maximum amount of monetary remuneration, therefore the amount of additional payments is established by agreement of the parties. On state enterprises the amount is determined in relation to the salary for the main position. For example, plus 55% of the salary, 0.25 of the salary, etc. However, although combination and part-time work are quite well provided for by law, there are no clear and ambiguous calculation schemes for private companies. Here, how much a person will ultimately receive depends largely on the decision of the manager.
Thus, an employee who combines professions or positions must have additional payments. However, they are not required if the employee does extra work. In this case, a bonus is possible if it is provided for in the regulations on incentive payments adopted in this particular institution.
Part-time work is the regular performance of paid work under an employment contract along with the main job. Part-time work is characterized by the presence of another, main place of work under an employment contract, the signing of a part-time employment contract, work in free time from the main job, the regularity of this work and remuneration. It is important to correctly formalize external part-time work.
How to register an external part-time employee: working conditions
The Labor Code of the Russian Federation defines three main conditions for applying for external part-time work:
1) Length of working hours;
2) Remuneration;
3) Providing leave.
In the event of termination of the employment contract at the main place of work, the registration of external part-time work does not change. If an employee expresses a desire to switch to part-time work as his main job and the employer agrees, then the employment contract with such an employee as a part-time worker is terminated and a new contract is concluded at the main place of work.
Guarantees and compensations for external part-time workers
Guarantees and compensation for persons registered as part-time employees are determined by a separate article of the Labor Code of the Russian Federation - 287. All guarantees and compensations provided for by the Labor Code of the Russian Federation, the employment contract, LNA, collective agreement, agreements between the employee and the employer must be provided to the part-time worker on an equal basis with the main employees of the organization. An exception is guarantees and compensation for persons working in the Far North (compensation for travel and baggage to a place of rest during vacation and back) and combining work with training, who are provided with guarantees and compensation only at their main place of work.
What categories of employees cannot have a part-time employment contract?
Part 5 of Article 282 of the Labor Code of the Russian Federation prohibits the employment of persons under the age of 18 for part-time work, as well as part-time work in heavy work with hazardous working conditions, if the main job is associated with the same working conditions.
Documents for registration of an external part-time employee
When hiring external part-time workers, the employer has the right to require the documents specified in Article 283 of the Labor Code of the Russian Federation. The list of documents differs from the list at the main place of work: you do not need to present a work book (only a copy for calculation sick leave), military registration documents, since this record is kept only at the main place of work.
The document required to hire an external part-time worker is a passport or other identification document. If the work requires special knowledge, the employer may also require a diploma or other document confirming the education and qualifications of the employee.
Features of terminating an employment contract with an external part-time worker
Part-time employees are subject to the same grounds for termination of an employment contract as main employees. There is an additional condition for terminating a contract with part-time workers, provided for in Article 288 of the Labor Code of the Russian Federation in the case when the employer is interested in hiring main employees rather than part-time workers. This condition applies only to part-time workers, external and internal, who have an employment contract concluded for an indefinite period. The employer is obliged to warn at least two weeks before the termination of the employment contract of such a part-time worker that a main employee will be hired in his place.
To employees who have fixed-term contracts concurrently, this article cannot be applied.
