Even experienced personnel officers often have many questions related to the peculiarities of hiring part-time workers. Our experts explained the main issues and pointed to typical mistakes allowed during this procedure

From this article you will learn:

How part-time work is described in the Labor Code of the Russian Federation

Article 60.1 of the Labor Code of the Russian Federation talks about external and internal combination, and the entire 44th chapter is also devoted to this issue. Labor Code. Such work can be carried out both at one employer and in different companies.

There are two similar-sounding concepts in labor legislation: part-time employment and combination, which, nevertheless, should not be confused, despite the fact that both of them involve the performance of additional labor duties.

Signs of combination

Let us single out a number of signs that will allow us to accurately distinguish part-time employment from other relations in the world of work:

Firstly- the right of the employee and his voluntary choice. He himself determines the scope of his additional studies.

Secondly, the basis of such legal relations will always be labor contract.

Thirdly, involves the performance of additional duties outside of working hours under the main contract. Depending on the schedule, these can be evening or night hours, weekends, etc.

Fourth, implies the regularity of the performance of duties and their timely payment.

Fifth, work is possible as with the same employer with whom the main employment contract is concluded, or in a completely different organization at the employee's choice.

Types of combination

The law provides for only two types of combination:

• external - contract labor in free time from another employer;
• internal - the performance of additional duties for the same employer with whom an employment contract has already been concluded.

In other words, external part-time worker is an employee of two enterprises or organizations at the same time. One place will be the main one, and the number of others is not limited. The main thing is that the principle of employment in free time from the main place is observed everywhere. At the same time, there is no need to notify the employer at the main place. The only exception is the head of the organization.

Internal part-time worker- This is an employee who works in one organization in two positions or performs the duties of one, but in a larger volume.

Here again it is necessary to distinguish between internal combination and combination of positions or professions. The key difference will be the time at which additional duties are performed. When combined, it is within the working day, and when combined, it goes beyond them.

Restrictions may not apply if the employee at the main place is suspended from work for health reasons or has suspended work for organizational or technical reasons.

With internal combination, it is important to distinguish such a regime from other cases. overtime and irregular working hours. The employee does not have the right to refuse to perform additional duties, as from overtime work.

Accounting for the time worked by a part-time worker is kept separately. At the same time, if there is an external part-time job, then the time sheet is maintained by both employers. If internal, then time worked is recorded at two rates, that is, the employee's last name in the time sheet is affixed twice.

Who should not work part-time: Labor Code of the Russian Federation

In 2019, the list of employees who are prohibited from working part-time has not changed. These include:

• minors;
• employees of hazardous and hazardous industries, if the combination provides for similar conditions labor;
• state and municipal employees;
• heads of organizations, etc.

Payment by external part-time

If the law establishes restrictions for the working time of a part-time worker, then with regard to remuneration for work, the decision will be entirely up to the employer. Several options are possible here:

• The salary is set in proportion to the size of the norm for which he is accepted. And it can be up to 1/2 of the salary of the main employee.
• Salary directly depends on the hours worked or the number of units produced. In this case, the value per unit will not differ from those used for the main employees.
• The salary of a part-time worker is set at the same level as full-time employees. Such a decision of the employer may be dictated by high qualifications or other business qualities.

When establishing wages all applicable regional coefficients are taken into account, as well as allowances provided for the special nature of labor. The part-time worker is also entitled to pay sick leave. When employed by two employers, each of them makes contributions to the social insurance fund for their employees. Therefore, everyone will need to confirm the validity of the absence due to temporary disability. To do this, the clinic takes two copies of the sick leave.

The internal part-time worker represents only one sick leave. But he receives payment both for his main job and on a part-time basis.

How to register a part-time employee correctly in order to comply with all the requirements established by the Labor Code? Part-time work is possible only if there is a main job, or is it not important? Is it possible to make a part-time admission to full time? We will answer these and other questions.

Part-time: Labor Code of the Russian Federation

Part-time work of the Labor Code of the Russian Federation is defined as the performance of certain duties (work) in a period free from the performance of basic job duties with the conclusion of a separate employment contract. This definition of combination is given by article 60.1 of the Labor Code of the Russian Federation.

The nuances of the work of part-time workers are also regulated by the Labor Code, a separate chapter 44 is devoted to them. It regulates the following issues:

• Explains the concept of "part-time employment" and stipulates certain nuances (Article 282).
• Indicates what documents a part-time worker must present when applying for a job (Article 283).
• Regulates the norm of working hours for persons working on a part-time basis (Article 284).
• Explains the nuances in granting holidays and remuneration of part-time workers, as well as the guarantees that they are entitled to (Articles 285-287).
• Establishes an additional basis for terminating labor relations with a part-time worker (Article 288).

Separately, Article 66, of the above code of laws, regulates how to arrange a part-time job in a work book.

Hiring a part-time job: a step-by-step procedure

The legislator does not separate rules how to apply for a part-time job, so the procedure for hiring such workers is practically the same as the one that the main workers go through, with the exception of some nuances.

The registration of a part-time employee is as follows:

• Writing a job application (it must indicate that this will be a part-time job).
• Providing the employer with a package required documents except for the workbook.
• Familiarization of the employee with all local documents of the employer.
• Drawing up an employment contract and an order for employment.
• Registration of a personal file or T-2 card (even if the part-time worker is internal).

At the same time, it must be remembered that the reception of a part-time employee is prohibited:

• if he is a minor,
• if both the main and combined positions are “harmful”,
• if an employee at the main place of work occupies a position, when working at which it is impossible to get a part-time job (civil servants, judges, lawyers, etc.)

Part-time work: how to draw up all the documents correctly

When applying for a part-time job, the employee is required to provide the following documents:

• the passport,
• document on education, if necessary, special knowledge,
• a certificate of the nature of the main job, if part-time employment implies the presence of harmful and dangerous factors.

Such a list of documents contains Article 283 of the Labor Code of the Russian Federation. But at the same time, the employer must take into account that, depending on the specifics of the work, he will have to demand other documents from the employee. For example, a medical certificate for performing a number of works specified in the legislation, a certificate of no criminal record when applying for a job in certain institutions, etc.

An employment contract with a part-time worker is drawn up in the usual form, subject to all the conditions specified in Article 57 of the Labor Code of the Russian Federation. But at the same time, it should contain an indication that this is a part-time job (indicating the type of part-time job - internal / external).

In the admission order, the fact of part-time employment must also be reflected.

Part-time employment: filling out a work book

Part-time employment implies that the employee does not provide work book because it is held by the main employer. Therefore, only the main employer makes an entry about part-time employment in the work book and only at the request of the employee.

Part-time work without a main job

Is it possible to have a part-time job without a main job?

The very concept of the term “part-time job” assumes that a person is also employed at the main place, but in practice it often happens that an employee leaves the main job, but does not report this at the place of part-time job. In this case, there are no consequences for the employer, since labor legislation does not oblige the employee to report the fact of such dismissal, and the employer to check the part-time job.

The only point that you need to pay attention to is the indication that the job will be part-time in the application for admission.

Full-time part-time employment

How to register a part-time employee for a whole staff unit, is it possible without violating the law?

The law (Article 284 of the Labor Code of the Russian Federation) states that a part-time worker during the accounting period can work no more than half of the working time (4 hours per day). In practice, this means that it can be issued for no more than half the rate.

An exception may be the case when a person at the main place has suspended work due to non-payment of wages or has been suspended for medical reasons. In this case, the part-time worker can be transferred to the whole rate, but the following conditions must be met:

• Identified medical contraindications for the main job are not an obstacle to fulfilling part-time duties.
• The transfer can only be for the period of suspension (suspension) from the main job, as soon as it ends (even with dismissal), the employee must be returned to the previous standard of working hours, or transferred to the category of main workers.

The rules on how to work part-time, paperwork and work book are regulated by the Labor Code of the Russian Federation. The code says: the main sign that an employee is a part-time worker is the absence of a work book, since the law does not oblige a citizen to provide evidence that he is employed at his main place of work (with the exception of going on vacation, which is given simultaneously with leave for the main job - art. 286 of the Labor Code of the Russian Federation). At the same time, part-time registration is not possible at full time, since the legislator limits the time that part-time employees can work. The Labor Code of the Russian Federation also establishes cases when it is impossible to hire a part-time employee.

Combination and part-time work - what is the difference between the forms of labor relations? The article is devoted to a comprehensive consideration of the issue.

Part-time employment - the fulfillment of additional labor obligations in their free time from the main job, both in the same place and in another. Combination is possible within labor day at the main place of work.

The latter is permissible when fulfilling the main obligations, including the combination of positions. It can only be internal.

Labor Code on combination and part-time work

Article 151 of the Labor Code of the Russian Federation gives the right, from a written application of an employee, to entrust him with the performance of additional duties. Similar to the main ones, or different from them.

This also applies to the tasks of the temporarily absent employee assigned to another along with his own.

The conditions for combining (the scope of the work, the scope of the functions performed, the term of cooperation) are established by the head in agreement with the contractor, which is confirmed in writing.

The difference between combination and combination is obvious in the design:

• When combining, an agreement is not concluded, an additional agreement is drawn up to the existing one (the date of the start of work, its completion. It does not happen indefinitely).
• According to the norms established by the Labor Code of the Russian Federation, when registering a combination, an order is issued to start activities.
• There cannot be several combination jobs, but it is not reflected in the work book.
• Providing additional rest time for those who combine is not allowed. But when calculating sick leave, holiday pay, all payments that have been made are taken into account.
• Dismissal when combining occurs at the end of the term of the agreement or at the request of either party. Interested must notify the second for three days.
• The Labor Code of the Russian Federation allows the simultaneous combination and combination of professions and positions.

Russian legislation makes it possible to receive additional income by combining or combining functions both at one enterprise and at several.

Part-time Labor Code of the Russian Federation

As mentioned earlier, this form of labor relations is possible in a period free from the fulfillment of professional obligations. Only if you have a main job.

Compatibility happens:

• Internal involves additional, drawn up in accordance with the Labor Code of the Russian Federation, duties at the enterprise where the main work is.
• External - in a third-party organization.

The number of combinations is not limited.

When applying for a part-time job, the employee provides the manager with the same list of documents as when applying for the main place, with the exception of the work book. An agreement is concluded, the head of the enterprise issues a decree on the commencement of activities.

In accordance with the Labor Code of the Russian Federation, the length of the working day of a part-time worker cannot be more than four hours and, accordingly, 20 per week. This is reflected between the employee and the employer.

But there are exceptions. The existing restrictions do not apply to the following cases:

• when at the main place, in connection with, the employee’s activities are suspended (part 2 of article 142 of the Labor Code of the Russian Federation);
• when the employee is suspended from fulfilling obligations at the main place for medical reasons, and it is not possible to provide another type of activity (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

Additional seat data may be . Payment to part-time workers occurs according to a separate personnel number for the entire duration of the contract.

Vacation for an employee additional responsibilities depends on the schedule at the main place of employment. The employer must provide it at the same time. If the duration of the holidays does not match, the rest period is equalized due to one more, but without saving wages at part-time jobs.

Holiday pay, sick leave, and all other social guarantees provided to an officially registered (insured) person are paid both at the main job and at the second one.

• underage;
• prosecutors, police officers;
• judges, lawyers;
• the leadership of the Central Bank;
• working in hazardous or heavy production, if the additional conditions are similar;
• employees of government, state, municipal institutions;
• drivers Vehicle, traffic controllers cannot perform the same functions in both positions.

There are features of part-time work conditions in some areas. They are defined by the Labor Code of the Russian Federation and other laws and acts, for example, Decrees of the Government of the Russian Federation of 04.04.2003 No. 197 and the Ministry of Labor of Russia of 06.30.2003 No. 41 “On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers”.

Termination of labor relations concurrently occurs as in the main place. If it is open-ended, one of the parties notifies the other two weeks in advance. If it has a validity period, an extension is negotiated additionally. Otherwise labor Relations terminated automatically.

Labor Code, N 197-FZ | Art. 282 of the Labor Code of the Russian Federation

Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work (current version)

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

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Commentary on Art. 282 of the Labor Code of the Russian Federation

1. In accordance with part 1 of the commented article, part-time work is work under an employment contract if:

The employment contract is concluded by an employee who is already in an employment relationship with the same or with another employer;

Under this contract, work other than the main one is performed;

The work performed under this employment contract is regular and paid;

Other work is performed by the employee in his spare time from the main job.

2. An employee has the right to conclude employment contracts for part-time work with an unlimited number of employers (part 2 of article 282). At the same time, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. Exceptions are cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of the organization has the right to work part-time for another employer only with permission authorized body legal entity, or the owner of the property of the organization, or a person (body) authorized by the owner (see comments to Article 276).

3. According to part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under a different employment contract with the same employer is called an internal part-time job, with another employer - an external part-time job (see comments to Article 60.1).

The commented article allows work in the order of internal combination both in the same specialty (profession or position) in which the main work is performed for this employer, and otherwise. In other words, an employee can work both externally and internally in any specialty, profession or position stipulated by an employment contract, incl. and in the same way as in the main work.

4. When concluding an employment contract on part-time work, it, along with other mandatory conditions, must indicate that the work is part-time work (part 4 of the commented article; see also comments to article 57). Both internal and external part-time employment are formalized by an employment contract concluded in writing. In doing so, must be observed general rules established by Art. Art. 67, 68 of the Labor Code (see comments to them).

Having concluded an employment contract on part-time work, the employee acquires, under this contract, the appropriate legal status, which does not change automatically due to changes occurring at the main place of work. For example, if an employee terminates the employment relationship with the employer at the main place of work, then part-time work does not become the main one for him. This conclusion follows from the content of Part 4 of Art. 282, according to which the condition of part-time work is a mandatory condition of the employment contract, and Art. 72 of the Labor Code, which provides that changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties and in writing (see comments to Article 72).

5. Part 5 of the commented article provides for which categories of workers and under what conditions part-time work is prohibited.

In accordance with it, in all cases, part-time work of persons under the age of 18 is not allowed.

Persons engaged in their main job in jobs with harmful and (or) dangerous working conditions may work part-time, provided that the work performed in part-time work is not related to the same conditions, i.e. harmful and/or dangerous.

Employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles. The list of jobs, professions, positions directly related to driving vehicles or managing vehicle traffic is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations (see comments to Article 329). At present, such a List is approved by Decree of the Government of the Russian Federation of January 19, 2008 N 16.

It is not allowed to work part-time in other cases, if it is expressly provided for by federal law.

So, according to Art. 21 of the Law on state and municipal unitary enterprises the head of a unitary enterprise is not entitled to: be a founder (participant) of a legal entity; hold positions and engage in other paid activities in government bodies, organs local government, commercial and non-profit organizations, except for teaching, scientific and other creative activities; study entrepreneurial activity; be the sole executive body or a member of a collegial executive body commercial organization, except in cases where participation in the bodies of a commercial organization is included in official duties this leader.

6. Features of the regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers) in accordance with part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission on the regulation of social and labor relations.

The Government of the Russian Federation by Decree of 04.04.2003 N 197 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" instructed the Ministry of Labor and social protection of the Russian Federation in agreement with the Ministry of Health of the Russian Federation, the Ministry of Culture of the Russian Federation and the Ministry of Education and Science of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Judicial practice under Article 282 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Definition N APL17-146, Board of Appeal, appeal

  Contrary to the arguments of the appeal, paragraphs 10, 12 of the Rules do not conflict with Articles 282-288 of the Labor Code of the Russian Federation, which regulate the specifics of the work of persons working part-time ...

• Decision of the Supreme Court: Definition N APL12-291, Board of Appeal, appeal

  He pointed out that the regulations he contested did not comply with Articles 37, 44 of the Constitution of the Russian Federation, Articles 282, 283, 331 of the Labor Code of the Russian Federation, Articles 53, 56 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" and violate his constitutional right to work and freedom of teaching...

• Decision of the Supreme Court: Determination N 2-APG16-2, Judicial Collegium for Civil Cases, appeal

  According to Art. 282 of the Labor Code of the Russian Federation, part-time employment is the performance by an employee of other regular paid work on the terms of an employment contract in his spare time from his main job ...

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