Who cannot work part-time according to the labor code of the Russian Federation. Internal combination: how to apply

13.10.2019

Part-time work - how to arrange it correctly , what is the procedure, what are the specifics of the legal and legally competent registration of part-time workers (external and internal) at work? This article will tell you about all this.

The specifics of the issue of compatibility

Part-time admission has 2 fundamental aspects, which are indicated in Art. 60.1 and 60.2 of the Labor Code of the Russian Federation. In this regard, for a more accurate understanding of the essence of the issue, we will briefly describe them before proceeding directly to the consideration registration of part-time work in accordance with the Labor Code of the Russian Federation.

According to Article 60.1, part-time work can be of 2 types (registration of part-time employees in each of the cases has its own characteristics):

internal, when an employee combines 2 or more positions within one organization;
external, in which the same employee performs several labor functions in different organizations.

Article 60.2 speaks of the need for a competent distinction between part-time jobs and combining positions.

According to part 2 of article 60.1, combination is characterized by an increase in job responsibilities either in the main profession (with the expansion of the organization, an increase in the intensity of the workload assigned to the employee), or in an additional one during the absence of a specialist performing this function (he may be on vacation, on sick leave, absent for other reasons). The combination is issued by the usual order for the organization, while an increase in the amount of work is permissible only for an additional fee and with the written consent of the employee.

IMPORTANT! A combination is not a part-time job, therefore the procedure for registering a combination described above will be fundamentally different from the procedure for registering a part-time job.

Hiring a part-time employee (rules of the Labor Code of the Russian Federation)

Download the employment contract form

The hiring of a part-time job (both internal and external) is carried out according to the general rules defined by chapters 10 and 11 of the Labor Code of the Russian Federation. A separate labor contract is concluded with a part-time worker, the task of which is to regulate the mutual rights and obligations of the employee and the administration of the organization. The contract can be both fixed-term and indefinite. According to part 2 of article 59 of the Labor Code of the Russian Federation, the very fact of a combination of jobs can serve as a reason for concluding a fixed-term contract. Accordingly, no other grounds for indicating the urgency of the contract are required.

indicating the nature of the work performed - part-time;
features of determining the workplace of an employee who, due to the additional duties assigned to him, may be absent from the main workplace;
an indication of the proportionality of payment to the time actually worked when performing the duties of a part-time job or remuneration on a different basis upon reaching an appropriate agreement, in accordance with the requirements of Article 285 of the Labor Code of the Russian Federation;
an indication of a special procedure for granting leave, in accordance with Article 286 of the Labor Code of the Russian Federation;
determining the period of working time, which cannot be more than 20 hours a week with a five-day week, as indicated by article 284 of the Labor Code of the Russian Federation;

Restrictions for part-timers

When accepting a part-time worker, one should remember the restrictions provided for in Article 282 of the Labor Code of the Russian Federation. According to this article, part-time employment is not allowed in relation to:

persons under 18;
employed in hazardous production, if part-time work is expected in similar conditions;
drivers and other employees who ensure the movement of vehicles, as indicated by article 329 of the Labor Code of the Russian Federation.

Also, citizens who, by virtue of the performance of their official duties, are expressly prohibited by the relevant regulatory acts, cannot be part-timers. In particular, there is a similar restriction:

for judges - by virtue of the operation of Article 3 of the Law of the Russian Federation “On the Status of Judges ...” dated June 26, 1992 No. 3123-1;
military personnel - in accordance with paragraph 7 of article 10 of the law "On the status of military personnel" dated 05.27.1998 No. 76-FZ.

Documents when registering a part-time worker

The list of documents for registration of part-time employment is regulated by a special rule enshrined in Article 283 of the Labor Code of the Russian Federation. It states that an external part-time job requires:

the passport;
a document confirming education or qualification;
certificate of the absence of harmful working conditions at the main place of employment.

However, it is mandatory to have only a passport with you when hiring an external part-time job - 2 other documents may be needed only at the request of the administration of the organization.

As for internal part-time workers, they are only required to submit a document on education (qualification), if the nature of the additional work requires appropriate skills. There is no need to submit any other papers, since all of them are already at the disposal of the administration of the organization.

Registration for work

According to the requirements of Article 68 of the Labor Code of the Russian Federation, registration for work is carried out by issuing an appropriate order, which is prepared in accordance with the conditions prescribed in the employment contract (and it must fully comply with them).

An order is drawn up for hiring in the unified form T-1, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms ...” dated 01/05/2004 No. 1. An order for this form is issued for all employees (not only part-time workers), therefore special column "Nature of work", where it is necessary to indicate this.

The requirements of Article 68 of the Labor Code of the Russian Federation oblige the administration of the organization to familiarize the part-time worker with the content of the issued order within 3 days after the actual start of work. If necessary, the administration must also make a certified copy of this document. It is also necessary to take into account the requirement of the same article on the need to familiarize the part-time worker with the documents that will regulate his new official duties, as well as the general order of work in the enterprise.

It is worth emphasizing that, on the basis of the order, entries will be made in the work book, as well as in the employee’s personal card (form T-2, approved by the already mentioned resolution of the State Statistics Committee).

Part-time work book

According to part 1 of article 66 of the Labor Code of the Russian Federation, all information about labor activity the employee must be reflected in his work book. The responsibility for its maintenance rests with the organization in which the citizen works in the main job. The second employer does not have the right to require the employee to submit a work book to him, and even more so to make any entries in it.

Part 5 of Article 66 of the Labor Code of the Russian Federation provides for a feature for part-time workers, which consists in the fact that information about a second or more work is entered only if the employee wishes. This applies to both internal and external part-time workers, however, the procedure for making entries for internal and external part-time jobs is somewhat different.

An internal part-time worker does not need to confirm the fact of additional employment with his employer - accordingly, in order to make an entry in the labor he only needs to express his desire to make an entry. Part 5 of Article 66 of the Labor Code of the Russian Federation does not indicate in what form this wish should be expressed, therefore, the employee can apply to the administration of the organization on this issue not only in writing, but also orally. A written appeal (for this a free-form application is written) is desirable in cases where, for some reason, the employer evades making the appropriate entry.

For an external part-time job, in addition to the application, you will need to submit a document from another organization confirming the fact of part-time employment. What kind of document is needed, the Labor Code of the Russian Federation also does not indicate.

For example, they might be:

a certified copy of the employment contract (its second copy);
a certified copy of the employment order;
certificate from the place of work part-time.

Summing up the story about collaborative arrangements, we emphasize that the same employment rules apply to part-time workers as for ordinary workers. At the same time, there are a number of exceptions to them and some features of their implementation (all of them are described in detail in the article).

A part-time job is understood as the performance by an employee of regular paid work in his spare time from his main job. At the same time, a separate employment contract is concluded, which must indicate that the employee has been accepted as a part-time worker. An employee can have an arbitrarily large number of such contracts; 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 related to part-time work

Employees of certain categories cannot be hired part-time. For example, minors cannot work on a part-time basis. 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. So, an employee cannot work part-time:

at work with harmful or dangerous working conditions, if he performs his main work in the same conditions (Article 282 of the Labor Code of the Russian Federation);
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 public service (Article 12 of the Law of the Russian Federation of March 11, 1992 N 2487-1). And for pedagogical and medical workers the maximum duration of part-time work for a month is established (clause 1 of the Decree of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41).

Registration of a part-time worker

For employment, the future part-time worker must provide the employer with a passport (or other identification document), as well as a pension insurance certificate. You don't need to ask for a workbook. 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 the 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:

certificate from the main place of work of the employee that he does not work there in harmful hazardous conditions labor / not working as a driver;
a document confirming the passage of a medical examination;
certificate of no criminal record, etc.

Employment contract with a partner

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 from the day when he began to fulfill his labor duties (

For an employer, improper registration is fraught with questions from regulatory authorities. What are the features of the work of persons working part-time?

General information

Under part-time employment, the Labor Code of the Russian Federation implies the performance by an employee of additional duties during a temporary period free from performing the main job.

According to the current regulations, such additional activities should be regular and paid in proportion to the time actually worked.

According to the Labor Code, part-time work cannot last more than four hours during the day. This is half of the total working day.

If on some days the employee works more than the prescribed time, then the length of hours worked per month should not exceed the norm established by law.

When working on a part-time basis, the employee is subject to all the provisions of the main employee and guarantees. This also applies to providing different types.

Definitions

The definition of the term of combination is contained in.

According to this interpretation, part-time employment is the performance by an employee of other paid labor on the terms of an employment contract in a free from the main work activities period on a regular basis.

Therefore, part-time activity can be considered if:

with a subject already in an employment relationship, another employment contract is drawn up;
under an additional labor contract, systematic paid work is carried out;
additional activities are carried out in the time unoccupied by the main work.

In addition, legislation differs appearance part-time and internal. If the subject additionally works at another enterprise, then he should be considered an external part-time job.

When involving an existing employee within the organization in additional activities, one should talk about.

Documentation for employment

Part-time employment is drawn up in the same way as, that is, by concluding an employment contract. It does not matter if the employee is an external or internal part-time worker.

The agreement must be writing. In terms of content, it is similar to the usual one.

In the same way, it prescribes the conditions of activity, methods of payment, the required guarantees, obligations and rights. The only difference is the inclusion of a clause indicating the part-time nature of the work.

According to the Labor Code, an employee has the right to conclude as much as he wants. At the same time, the responsibility for the general norms of hours worked is fully assigned to the employee himself.

The employer must ensure that the law is observed in his enterprise. Requiring information from an employee about his work in other organizations is not within the competence of the employer, with the exception of rare exceptions.

Also an important condition of the employment contract with a part-time job is the indication of additional conditions for.

So the employer is free to dismiss the part-time worker if a full-time employee is hired for his position.

Current regulatory framework

Regulates the nuances of the activities of subjects working part-time (Art. 282-288):

In article 282	The general provisions on part-time labor activity are determined. Here the concepts of part-time work and the features of such work are spelled out. The article also regulates the features of work for certain categories of citizens.
	Contains information about the documents required. It is written here what documents the employer has the right to require from the employee
art.284	Sets the length of the working day, which by law cannot exceed a four-hour period per day. But it also says that on days not busy with the main work, the employee has the right to work an additional full day. At the same time, the duration of the time worked by a part-time worker per month should not exceed half the monthly time norm of the main employee
V	The rules for remuneration of part-time workers are prescribed. According to the law, the work of a part-time worker is paid in proportion to the hours worked. But the employer has the right to establish his own terms of payment by prescribing them in the employment contract.
V	The procedure for granting holidays to persons working part-time is determined. So a part-time worker can get a vacation at an additional job at the same time as providing rest at the main workplace. Moreover, in case of insufficiency of the worked period, vacation can be received in advance. In addition, the employee has the right to ask for an extension of the vacation at his own expense.
	Establishes the guarantees and benefits for part-time workers. Those rely on part-time workers to the same extent as for the main workers. The only exceptions are compensations and guarantees due to persons combining work and study, as well as to workers in the regions of the Far North and equated to these areas - these allowances are not due to part-time workers
	Defines additional grounds for termination of labor relations with part-time workers. In addition to the general grounds, the possibility of dismissing a part-time job when hiring the main employee is prescribed here, but with a mandatory notification two weeks before the termination of the contract

Particularly worth mentioning is Article 282, in particular the fifth part of it. Here we talk about the impossibility of employment as a part-time job of individuals who have not reached the age of majority, if the conditions of activity can be described as difficult, dangerous or unfavorable.

Also, a leading employee of an organization who does not have permission from a higher authority at the main place of work is not entitled to work part-time.

Restrictions have also been established for certain categories of officials of state bodies. For example, deputies of the State Duma cannot become part-timers.

As an exception, they may be allowed to carry out scientific, creative or teaching activities.

Features of labor relations on these conditions

Prior to the introduction of certain amendments to the legislation, internal combination of jobs in similar positions was unacceptable.

It was possible to work additionally only in a different specialty, profession or position. After Article 98 of the Labor Code was declared null and void, this restriction was lifted.

In accordance with the latest provisions, it is possible to conclude a part-time employment contract for any position, regardless of what specifics the main place of work has.

It is also appropriate to distinguish combination from combination. Under the combination is understood the performance of additional duties during the period of the main activity.

It is also necessary to distinguish part-time work from the provision of services for. Part-time work can only be regulated by the Labor Code of the Russian Federation.

Can it be full time

Here it is worth touching on the question of whether a civil servant can work part-time.

The municipal employee must notify the main employer of the search for a part-time position and obtain the appropriate permission.

Municipal employees, in accordance with Federal Law No. 25, are strictly forbidden to be members of management bodies, various councils for supervision and guardianship, structural divisions foreign non-profit organizations.

The issue of part-time work is decided individually in each individual case. And although, in principle, the law allows almost every person to work additionally, it is important to take into account all the existing circumstances.

Compliance with the law will save you from many problems if the inspection bodies decide to check the correctness of the formalization of labor relations with part-time workers.

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Hello! In this article, we will talk about part-time work, and you will also learn about the procedure for hiring part-time jobs.

Today you will learn:

What applies to part-time work;
What types of part-time work are there;
Legal aspect of part-time work;
What documents are required when applying for a job.

Part-time work- an economic tool that allows you to use personnel more competently, allowing them to work in several positions at the same time. Thanks to this, you can earn additional income and have the most qualified employee in the state in several positions. This is convenient for both managers and subordinates.

The economic essence of part-time work

Before talking about part-time work, attention should be paid to the term itself - “part-time work”.

Let's go back to the official definition:

part-time – regular and systematic performance of certain work, strictly in free time. The main thing in all this is regularity and a systematic approach. Any one-time job, deal, etc. is not a part-time job. The closest term is .

Compatibility realizes 2 goals at once:

All abilities and potential of the employee are fully revealed;
Such an employee receives additional income.

During working hours, it is officially impossible to engage in part-time work, even with the consent of the employer.

But there are some activities that are not recognized as part-time jobs, and are accordingly allowed at work:

Pedagogical work with payment by the hour - tutoring. It is allowed to engage in this activity for no more than 300 hours in one calendar year;
Expertise, legal, accounting and other one-time checks;
Conducting consultations. In person or online. As with tutoring – no more than 300 hours.;
Responsible for laboratories and offices;
Hold concerts or celebrations in educational institutions(if this institution will be the main place of work).

The main condition for part-time work is that the main and additional work should not affect each other in any way. The performance of duties and observance of labor discipline must be the same at the main and additional place of work.

You can work part-time with the main employer or in other places. At the same time, there are categories of citizens who, due to certain characteristics of their age, social status or profession, do not have the opportunity to work part-time, or have additional restrictions.

These include:

Persons under 18 years of age;
Employees carrying out their main activities in difficult working conditions (if part-time work also takes place in the same conditions);
Drivers or other employees associated with vehicles (if part-time employment occurs in transport);
Deputies of the State Duma. They can carry out additional activity only in creative, scientific or pedagogical fields;
Leaders legal entities. But if the authorized body (for example, the board of directors) gives its consent to a combination job, then the head can carry out such activities;

For some categories of citizens - teachers, doctors, pharmacists and cultural workers, part-time employment is regulated in a special way. For example, teachers cannot work part-time for more than half of their monthly norm (no more than 20 hours a week).

Types of combination

According to labor law, there are two types of part-time jobs:

Internally;
External.

Internal combination involves working for the same employer in different positions. This may be of interest as the company-employee realizes its full potential, and both tasks are performed by the most qualified of the employees; so is the employee – he receives additional income without the need to adapt to other working conditions in another company.

External part-time provides for additional work with another employer. In practice, this is much more common. At the same time, the benefit is only for the employee, since he receives additional income in his spare time. The employer just gets another employee.

The number of additional employers is not limited, unless otherwise provided by regulatory enactments.

How to register a part-time employee

The main fact that everyone who wants to work part-time should know is that consent from the main employer is absolutely not required. This means that everyone can start working elsewhere without consulting the main company.

As in the main job with a part-time employee, it is issued in the form of TD-1. The conditions in it are the same as in the main contract, the same points are prescribed, only information is necessarily added that this is part-time work. Such an agreement is also concluded for a fixed period or indefinitely, until terminated.

The list of documents required for registration of part-time employees:

Application for a part-time job;

Passport or other identity document;
Employment contract with a part-time partner;

Download Sample Employment Contract with a part-time job

If the position requires special knowledge, then a document indicating the appropriate level of training (diploma);
If the conditions of part-time work are difficult, then they will require a certificate from the main place of work;
SNILS (it is not in the list published in the labor code, but the employer will need to know it to pay insurance premiums).

The employer does not have the right to demand a work book, because it is located at the main place of work. Therefore, there are no work books for part-time employees in the company. At the request of the employee, he can make an entry in the work book about part-time work. This will require documents evidencing part-time work: an employment contract, an order for employment, a transfer, etc. These are all the subtleties of how to accept a part-time employee.

Rights and obligations of a part-time employee

A part-time employee has the same duties and rights as ordinary employees of the company. The only thing you should pay attention to: a part-time employee has full right for sick leave, vacations and maternity benefits. This means that some payments will be doubled.

The duties of a part-time employee are the same in both jobs, with the only difference being that the main place of work is a priority, and, accordingly, the fulfillment of tasks at this job is the main thing.

Compliance with the rules internal regulations- the most important and difficult part of what a part-time employee must do. This is due to the fact that in the presence of a rotating schedule and overtime, the employee cannot be late either for the main job or for part-time work. And on the basis of regular delays, even for part-time work, they can terminate the employment contract with him unilaterally.

Part-time workers salary

According to the regulations, there are no special conditions for remuneration for part-time work. Accordingly, when paying wages according to hours worked, it is this indicator that is taken into account in the calculation of the RFP. Piecework pay implies equal payment with other employees in proportion to the tasks performed.

At the same time, if employees with time wages are assigned normalized tasks with a certain period, then this period is taken into account in the accounting of the salary, and not the time actually spent on execution. For example, you can take cleaners who have hourly wages, but each time they have tasks for cleaning and a deadline.

It is noteworthy that if in the case of the main job, the salary cannot be lower than the amount, then with part-time work, everything is not so. Since it is actually part-time work, wages may be below this level.

As for accrual and payments, everything is exactly the same here. The employer must pay wages employees no later than once every 15 days. At the same time, a part-time employee (external and internal part-time work) also has the right to pay for sick leave, vacations and pregnancy. Provided that they work at the same job for several years. To receive this payment, you will need to provide disability certificates.

Vacation of part-time employees

As well as all labor relations, the situation with holidays is also regulated by the labor code. Article on holidays - 286. It says that a part-time employee is obliged to receive leave at additional work in the same period as for the main one.

If the employee provides a certificate or order from the place of work on annual leave, then the employer in combination will be obliged to issue him a leave at this job as well. But this is done only at the initiative of the employee.

At part-time work, if the vacation is shorter than the main one, then the second employer must complete the vacation days at the expense of the employee, if he expresses such a desire.

The part-time worker also has the full right to annual and additional holidays, which are provided in accordance with the current legislation and at the place of part-time work.

Part-time work and travel

A few words about a more complex and less regulated issue in the field of part-time work - business trips. A part-time employer has every right to send an employee on a business trip, but only in his spare time from his main job. At the legislative level, this issue is not regulated in any way, and nothing is explained what to do with the main place of work.

There is a possibility that the main employer will issue leave at its own expense for the employee. But at the legislative level, he is absolutely not obliged to issue it. Work with business trips and external part-time work are practically incompatible.

In the case of internal part-time work, even if the employee goes on a business trip for two positions, the expenses are paid to him in a single amount. Also per diem will be paid to him in a single amount. This follows from the principle of reimbursement of travel expenses in the event that both employers send on the same business trip. Then they pay for the business trip according to the agreement, and not each on their own. Accordingly, the same principle is transferred to one organization.

Dismissal of a part-time employee

Part-time workers, as well as at their main job, can be dismissed for all the reasons provided for in the Labor Code. And accordingly, the employer must comply with the procedure described in this regulatory document.

It follows from this that or . If planned, then the warning period is 2 months.

In addition to the main reasons for dismissal, there is another one - hiring a specialist for whom this position will be the main one. In this case, it is necessary to notify the employee two weeks before the new employee is hired. It does not matter whether this employee will work full-time or part-time. Legislatively, preference is given to those for whom this will be the main position, unless otherwise decided by the employer.

If the employee refuses to get acquainted with the written warning, it is necessary to formally draw up a confirming act. Not later than the day of dismissal, it is necessary to carry out a settlement with the employee and provide him with copies required documents. For each day of delay, the employer must pay the amount of compensation + accrued interest, which is calculated according to the following formula:

Employee salary * 1/150 of the key rate in force at the time of interest calculation * number of days of delay

In the case of internal part-time work, there are often cases when, upon dismissal from the main place of work, it is possible or even required to leave the employee as the main position part-time work.

What Rostrud says

“The only contract that can remain with the employee is the contract for the main place of work.” This means that when transferring from a part-time position, it is necessary to dismiss the employee from the main position and amend the additional employment contract by putting a note in the work book. This means that with the consent of the employee, you can terminate the employment contract at the main place of work.

If up to this point there were no records of part-time employment in the work book, it is necessary to enter all the information about this in the work book. The terms of the employment contract should also be reviewed, and changed to full employment.

Part-time work is one of the elements of labor relations, which is almost fully regulated labor laws. A part-time worker must be of age, not employed in heavy production, a deputy of the state. Duma and the driver (in cases provided for by law). The procedure for hiring, accrual and provision of salaries, vacations and dismissal is fully regulated by the Labor Code.