All the nuances of part-time work that the employer should know about. Part-time work

Can your subordinate work two jobs at the same time? You decide. But, when accepting a part-time employee, you need to know that both places of work are official and protected by the law of the Russian Federation. Consider the specifics of the employment of a part-time employee.

Types of combination

Part-time employment is the official labor activity of a person with one or more employers (Article 282 of the Labor Code of the Russian Federation).

Compatibility is regulated by Ch. 44 of the Labor Code of the Russian Federation. Art. 282 regulates that this type of activity must meet a number of requirements:

1. It is carried out under an employment contract with a note about part-time work.
2. You can work only when the main entrepreneur has free hours: in the evening or on free days according to the schedule.
3. Paid as the main job, according to the days or hours worked.

According to the Labor Code, part-time employment is divided according to the specifics of the place of employment:

1. Internal part-time job - a person combines 2 types of activities with one entrepreneur. Provides for the signing of 2 contracts with the employer. This look is suitable for both sides at once. The entrepreneur receives a qualified specialist for the required position, who can achieve the goals and make a profit. The employee does not need to search Additional income elsewhere, and his labor potential will be fully utilized.
2. External part-time job - the employee enters into a second employment contract in another company and works during free hours. At the same time, an employee can conclude 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 the employee decided to work part-time, then he does not need permission from the main boss. Everyone has the right to decide for himself whether he can combine 2 types of activity or not. But labor law restrictions are provided (Article and Labor Code of the Russian Federation) to a certain part of the population for the performance of combined activities.

Cannot work part-time:

• persons under 18 years of age (for any type of activity);
• workers whose activities are considered difficult, harmful or associated with risk or danger;
• drivers who manage not only public, but also any type of transport, as well as persons involved in the regulation of traffic.

Part-time work restrictions:

1. A deputy of the State Duma can simultaneously carry out only teaching activities or conduct scientific work.
2. Employees in leadership positions legal entity, may work part-time only after the permission of the owner or founder of the company. The document is in writing. This is due to increased responsibility in the main position and employment. Some activities are protected by the owners from competitors, and a part-time worker can harm the development of the company. This nuance is introduced as a separate clause in the contract between the main employer and the hired person.

Registration according to the TC

To apply, the applicant must have the following documents:

1. The passport.
2. If the additional place is associated with risk or hard work, then a certificate from the main company about the nature of employment.
3. Diploma or certificates confirming the professional suitability of the employee (if the type of activity requires it).
4. Insurance number of an individual personal account (SNILS).

Remember that a 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 keep a work book of a part-time employee.

The main thing that an employment contract should reflect is the time of employment and how the work will be paid.

Work time

The working hours of a part-time worker and the regime are negotiated by the entrepreneur and are reflected in the employment contract and schedule. When drawing up a part-time work schedule, an entrepreneur must take into account that the employee’s employment should not exceed 4 hours per day, and 20 hours per week. Employment of no more than 40 hours is considered the norm, an external part-time worker can work out the maximum number - ½ of this time.

Employment should not exceed 40 hours per week, an external part-time worker can work the maximum number - ½ of this time.

1. If the activity at the main job is suspended due to non-payment of wages or its delay (part 2 of article 142 of the Labor Code of the Russian Federation).
2. The employee was removed from the main place due to health indications with the preservation of his workplace (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).

The hours that a person worked part-time are recorded in the time sheet. If the combination is internal, then working hours are recorded in a separate time sheet. In this case, the employee is assigned 2 personnel numbers.

How to pay salary

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, respectively, is calculated according to the hours worked. With piecework, the calculation is made from the output or on other conditions that are reflected in the employment contract.

Aspiring entrepreneurs should understand that a part-time job must receive all social and insurance benefits. In the case of pregnancy and childbirth - the same if the employee has been in office for more than 2 years.

With internal compatibility, the employee is obliged to provide one sick leave, with external compatibility - two. The second document states that he is for part-time work, and the details of the main disability sheet are put.

Vacation specifics

If a reduction is coming, you need to notify the employee under signature about the upcoming dismissal 2 months in advance (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: he can be fired if a person comes to work for whom this place will be the main one (Article 288 of the Labor Code of the Russian Federation). In such a situation, the employer is obliged to notify the employee about the upcoming dismissal 2 weeks in advance. If the employee does not agree, then an appropriate act is drawn up, which will serve as the basis for terminating the employment contract.

It is impossible to dismiss an employee holding a part-time position during his disability, maternity leave or planned annual rest.

The employee must be paid in full no later than the date of termination of the employment contract. If the employee was not at the workplace at that time, then the calculation must be issued no later than 1 day after signing the dismissal article. 140 of the 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 calculation is delayed after dismissal, the entrepreneur will have to pay the former employee an interest equal to 1/300 of the Central Bank refinancing rate per day (Article 236 of the Labor Code of the Russian Federation). There is a delay from next day after dismissal and until the day of receipt of the calculation inclusive. Compensation is paid after litigation, and the entrepreneur can lose a considerable amount. Plus you 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 extra money. But it is even more important to carefully consider the work schedule and the drafting of an employment contract.

Often, employers have situations when it is necessary to register a part-time employee. For example, it is required to temporarily "close" a vacancy until the main specialist is selected for this position or to replace one of the staff during a long absence (for vacation, sick leave, business trips). And sometimes the organization simply provides the employee with the opportunity to increase his income by performing an additional labor function.

The experts of the My Business service analyzed and summarized frequently asked questions about the registration of labor relations on a part-time basis.

What types of partnerships exist?

Compatibility can be:

Internal, in which a citizen works on a part-time basis at the place of his main job;

External, in which a citizen works part-time for another employer.

Part-time work is always performed on the terms of a separate employment contract in free time from the main job.

Confirmation: Part 1 of Art. 60.1, part 1, 3 art. 282 of the Labor Code of the Russian Federation.

Does a citizen have the right to work in several organizations on a part-time basis?

Right to work.

A citizen can conclude employment contracts in combination with an unlimited number of employers (part 2 of article 282 of the Labor Code of the Russian Federation, letter from Rostrud No. 1378-6-1 dated May 20, 2011).

Accordingly, the organization is not entitled to include in the employment contract with a part-time worker a condition under which he is prohibited from working for other employers. If such a prohibition is established in the contract, it will not have legal force as worsening the position of the employee in comparison with the current legislation.

Confirmation: part 2 of Art. 9, part 4 of Art. 57 of the Labor Code of the Russian Federation.

Require from an external part-time worker permission from the main place of work when applying for a job?

It is not required, except in certain cases.

Worker for general rule must not notify the main employer of his intention to conclude an employment contract for an external part-time job. An exception to this rule applies to:
- head of the organization;
- athletes and coaches.

The head of the organization can work part-time for another employer only with the permission of the authorized body or the owner of the property (person or body authorized by the owner) of his main organization (part 1 of article 276 of the Labor Code of the Russian Federation).

Athletes and coaches are required to submit permission from the main place of work if they get a part-time job as an athlete or coach (part 1 of article 348.7 of the Labor Code of the Russian Federation).

Does an organization have the right to hire a chief accountant on a part-time basis?

Right to accept.

A citizen can work as a chief accountant for several employers or be in this position with one employer, and in other organizations hold other positions on a part-time basis (parts 1-2 of article 282 of the Labor Code of the Russian Federation). Labor legislation does not contain any restrictions for organizations and employees in this regard.

In what order should a partner be registered?

You need to complete in the following order.

At the first stage the organization enters into an employment contract with the employee. The contract must indicate that the work is part-time (part 4 of article 282 of the Labor Code of the Russian Federation).

Before signing the contract, the employee should be familiarized with the Rules of Internal work schedule, other local regulations directly related to his work activity, a collective agreement (part 3 of article 68 of the Labor Code of the Russian Federation).

At the second stage the organization issues an order for employment in the form of No. T-1 (part 1 of article 68 of the Labor Code of the Russian Federation). In the column "conditions for employment, nature of work" it is necessary to indicate "part-time". The order must be familiarized with the employee under the signature within three days from the date of the actual start of work (part 2 of article 68 of the Labor Code of the Russian Federation).

At the third (final) stage the organization fills out a personal card for the part-time worker in the form No. T-2.

An entry in the work book about part-time work is made at the request of the employee.

Confirmation: Part 5 of Art. 66 of the Labor Code of the Russian Federation, paragraph 20 of the Rules, approved. Decree of the Government of the Russian Federation No. 225 of April 16, 2003, para. 7 p. 3.1 of the Instruction, approved. Decree of the Ministry of Labor of Russia No. 69 of October 10, 2003

What are the working hours for part-time work?

As a general rule, part-time working hours should not exceed four hours a day (part-time work). On days when the part-time job is free from the main job, he can work part-time full-time or shift. But in any case, he must work for a month (or other accounting period) no more than half of the norm established for the corresponding category of workers.

Confirmation: Part 1 of Art. 284 of the Labor Code of the Russian Federation, letter of Rostrud No. 1378-6-1 dated May 20, 2011

For example, an employee has a five-day accounting period. work week. The normal working time is 40 hours per week (part 2 of article 91 of the Labor Code of the Russian Federation). For a part-time worker, the norm will be half, that is, 20 working hours per week.

In what cases is it not necessary to comply with the working time limits established for part-time workers?

It is not necessary to comply with the restrictions on the daily and monthly (for a different accounting period) standard of working hours if the employee at the main place of work:

Suspended work due to a salary delay of more than 15 days (part 2 of article 142 of the Labor Code of the Russian Federation);

He was suspended from work for health reasons with the retention of his position for up to four months in accordance with Part 2 of Art. 73 of the Labor Code of the Russian Federation (due to refusal to transfer or lack of suitable work);

He is the head (his deputy), chief accountant and was dismissed for health reasons with the retention of his position in accordance with Part 4 of Art. 73 of the Labor Code of the Russian Federation (due to refusal to transfer or lack of suitable work).

In these cases, the employee may work part-time full-time (shift).

A part-time worker can work full time (shift) on days when he is free from work duties at his main place of work. However, in this case, the limitation on the maximum monthly norm of working hours for part-time workers (the norm of time for another accounting period) remains: this is half the norm established for the corresponding category of workers.

Confirmation: art. 284 of the Labor Code of the Russian Federation.

How to arrange the transition from a part-time job to the main place of work?

The procedure for such a transition is not established by labor legislation.

There are two points of view.

On the one hand, the employer has no reason to dismiss a part-time worker, since he remains in the organization, albeit in a different capacity. Therefore, in practice, there is registration without terminating the employment contract in combination - by making changes to it. Rostrud, taking into account the established practice, gives recommendations on the execution of a work book in such a situation (letter of Rostrud No. 4299-6-1 dated October 22, 2007).

On the other hand, part-time employment is the performance of other regular paid work on the terms of an employment contract. Thus, part-time work and the main job are different labor relations. The legislation does not provide for the transformation of a part-time employment contract into an agreement at the main place of work without its termination and does not contain examples of entries in the work book for such a case.

Confirmation: Part 1 of Art. 282 of the Labor Code of the Russian Federation, clause 3.1 of the Instruction, approved. Decree of the Ministry of Labor of Russia No. 69 of October 10, 2003

Hassle free option: To formalize the transition from a part-time job to the main place of work through dismissal and hiring. That is, terminate the employment contract on a part-time basis (for example, by agreement of the parties, clause 1, part 1, article 77 of the Labor Code of the Russian Federation) and conclude an employment contract with the employee for the main job. At the same time, make the appropriate entries in the work book of the employee provided for the procedures for dismissal and hiring (clauses 3.1, 5.1-5.2 of the Instruction, approved by Decree of the Ministry of Labor of Russia No. 69 of October 10, 2003).

In some cases, an employee, in addition to the main place of work, may have an additional one. If done right, the law allows for this possibility. The performance of regularly paid work during hours free from the main activity and with the obligatory execution of an employment contract is called part-time work. It involves part-time employment. Employees who perform their duties at the main place of work and part-time are equally protected by labor law. formalized additional activity allows you to fully use the guarantees provided for by law.

Compatibility can be divided into two types. They differ only in the place of employment. Regardless of the choice, employees are provided with equal social guarantees (payment of bonuses or coefficients, provision of paid leave, etc.). Part-time work is considered the same full-fledged activity that takes less time per day. In most cases, the duration of the working day does not exceed four hours. For doctors, cultural workers and pharmacists, the Decree of the Ministry of Labor No. 41 fixes its own norms. Companionship activities can be divided into:

How does the law regulate part-time work:

1. external, which involves the employee performing activities in another organization on a regular basis under an employment contract (during hours free from the main activity);
2. internal - official registration of an employee for an additional position in the company where he carries out his main activity (with a mandatory indication in the contract that this is a part-time job).

Rules for applying for a part-time job: necessary documents

A mark on part-time work in the work book is put at the request of the employee. This information must be entered by the main employer. If the organization where the part-time activity is carried out puts a similar mark, then the entry will be considered invalid. Only the main employer is legally entitled to enter this information. There is a situation when an employee continues to work in an additional job, and he loses his main job (dismissal, reduction, etc.). If the mark in the work book has not been set, then only the next employer (at the main place of employment) will be entitled to make it.

When an employee is hired, an employment contract is concluded. It contains the necessary information regarding the payment procedure, mode of operation and other important aspects of the activity. The contract must indicate that the activities performed are part-time jobs. It must be drawn up in duplicate and signed by the parties. With internal combination, you can conclude a fixed-term contract.

Part-time vacation features

Everything individuals employees performing duties under employment contracts are entitled to annual paid leave. It also applies to employees who are, but the procedure for providing it is slightly different. As for other categories of workers, they are provided for the retention of their position (job) and average earnings (Article 114 of the Labor Code). Article 115 of the Labor Code establishes the duration of at least 28 calendar days. For some categories, extended or additional leave may be used. These privileges are granted to highly specialized employees who carry out the activities specified in the law. The right to take advantage of extended leave can be:

1. medical workers who are engaged in the diagnosis and treatment of HIV-infected people (paragraph 4 of the Decree of 3.04.1996 No. 391);
2. pedagogical workers (Article 334 of the Labor Code).

Additional leave (paid) is granted to persons who are employed in hazardous, dangerous or hard work. For employees performing their duties in the regions of the Far North, special additional holidays are provided, the duration of which is 24 calendar days. For areas equated to the conditions of the Far North, the duration is 16 days.
occurs simultaneously with leave at the main job (Article 286 of the Labor Code). It may turn out that the duration of the vacation for the main job is longer than for the additional one. In this case, the employee has the right to ask for leave for the corresponding period without pay. In other words, to extend the vacation at an additional place of work. Vacation in advance is provided for part-time workers who have worked for less than six months.

Who can be a partner?

The law specifies persons who do not have the right to combine their main activity with any other. Among them:

• minors - up to eighteen years;
• workers performing dangerous or hard work, working in hazardous production;
• judges;
• prosecutors;
• members of the Government;
• civil servants.

All other able-bodied citizens can get one or more additional jobs. The quantity is not limited. At the same time, it is important to comply with the requirements enshrined in Article 284 of the Labor Code. It states that the working day of a part-time employee cannot exceed four hours. And for reporting period(week, month or year) the duration of the total number of hours worked must be less than half the time that was employed at the main place.

Individual categories have their own duration. labor day concurrently. Basically, they include cultural workers, doctors and pharmacists. In some cases, part-time workers have the right to work more than four hours a day, but the ratio of the total time of the main to additional employment must be maintained. In order to find out how to register a part-time employee, you need to familiarize yourself with the Labor Code, namely Chapter 44. It contains the main provisions that govern this type of activity.

The law dated December 29, 2006 No. 255-FZ, in article 11, paragraph two, provides for the receipt of "maternity" payments by pregnant women who perform part-time activities. It says that they have the right to receive benefits for pregnancy and childbirth in the maximum amount for each place of work. Each contract of official employment (including external part-time employment) is recognized as a full-fledged activity for which payments can be received.

The rules for registering employees for the main place of work and part-time jobs are for the most part the same. There are some differences that should be taken into account. An important point when hiring an employee is a contract. Proper compilation and compliance established requirements legislation is the key to successful interaction between the organization and the employee. Part-time employment is a popular type of employment that has been gaining momentum in recent years. There are situations when it is the fastest and effective way solve the problem with missing frames.

Part-time work is quite common, so it is important to know how to arrange everything correctly. Required documents. Specific recommendations depend on the type of work, so it is important for the poet to know not only practical, but also theoretical issues.

It is important to understand that part-time work has several essential features:

1. First of all, the choice of this form of employment is carried out only by the employee himself and only on a voluntary basis. That is, any coercion to part-time work is not allowed.
2. Such labor relations are always of an official nature and are fixed by an appropriate labor contract.
3. It always assumes the presence of the main place of work, which distinguishes it from a part-time job, which is often the only source of income.

Part-time employment may involve the preservation of labor relations for indefinite period or for the season (for example, in the summer). At the same time, there are 2 forms of work, on which it depends how to register an employee, and how to fill out all the documents correctly:

1. External - when an employee works for different employers.
2. Internal - when an employee simply combines different positions within the same organization.

Internal can be arranged much easier, because the employer already has everything required documents, and the employee can only make his application. At the same time, a citizen can theoretically combine an unlimited number of positions - both in different companies and within the same organization (if this does not violate the law).

You should not mix internal part-time work with the performance of additional duties, new assignments related to the previous work. In the first case, a separate employment contract is always drawn up, and in the second there is no such need.

Who can not be accepted as a part-time

Any employee can be hired under such conditions, with the exception of a few cases:

1. Minor citizen.
2. Those engaged in a certain type of activity for the main job and applying for the same type of activity to combine:

• drivers;
• workers working in hazardous and hazardous conditions.

1. Bank workers.
2. Military personnel.
3. civil servants.
4. Working in law enforcement agencies, prosecutor's office, judges of different levels, lawyers.
5. Chiefs and employees in security organizations.

Heads of enterprises can be issued for part-time work, but to find out how to do this correctly, you need to make sure they have permission. It is issued by all founders (owners) of the company managed by this employee.

Registration procedure: step by step instructions

In general, the employment procedure is no different from the usual procedure: you need to get all the documents from the employee, conclude an official employment contract with him, and then draw up all the required papers (order, record in the labor, etc.).

Step 1. Collecting the necessary documents

A specific list is provided in Labor Code(Article 283). Mandatory papers include the following:

• original and copy of the passport;
• SNILS;
• if necessary, the original military ID;
• a copy of the certificate, diploma, other documents on education (at the discretion of the employer);
• extract from the labor (at the discretion of the employer).

Also, the employee must draw up an application, the form and sample of which are provided by the employer. In the case of an employee of this company, this application will be the only necessary document.

Any sample can be taken as a basis, since there is no single form. The document reflects the following information:

1. In whose name it is drawn up - usually it is the head of the company or the director of the branch.
2. From – name, address and contact details of the employee.
3. Application for employment (indicating the specific position).
4. Probation period (if any).
5. Date of writing, signature and transcript of the signature.
6. If necessary, a signature is put stating that the fire safety rules, the rights, duties of the employee, etc. have been explained.
7. Then all responsible persons put their signatures.

In some cases, you will need to provide additional documents.

If a citizen cannot provide a certificate stating that he is not engaged in a type of activity that excludes combining in this position, you can simply ask him for a written application. The document is drawn up in any form. After signing, the applicant himself assumes responsibility for the accuracy of the data provided, and the employer will no longer be responsible for a possible error.

Step 2. Conclusion of an employment contract

After providing all the documents, an employment contract is concluded. Its form is no different from the usual contract. However, it is necessary to adhere to general rules - the following information is always reflected in the document:

1. Place of work, position.
2. Working hours and wages.
3. Nature of activity.
4. The duration of the contract (fixed or unlimited).
5. Working conditions.
6. Rights and obligations of the parties.

NOTE. The document must necessarily reflect information that the employee is employed part-time. Reflecting a specific type of combination (internal or external) is optional.

Like a regular employment contract, in this case the document can be concluded before a specific period or indefinitely. An agreement is considered urgent, the expiration date of which is known and does not exceed 5 years. Usually it is signed in such cases:

1. Seasonal work.
2. Temporary work (for example, during an increase in volumes).
3. Urgent activities (for example, liquidation of the consequences of an accident, natural disaster).
4. Replacement of a temporarily absent employee (on a business trip, maternity leave, on a long sick leave, etc.).
5. Internship and/or training.
6. Temporary work abroad.
7. Performing public works in an elected position.

It is also important to understand that in the case of hiring an employee for a while due to the long absence of another employee, it is necessary to indicate the appropriate reason for the dismissal, which is expected in the future. There is a special procedure according to which the employer not only fixes this information in the employment contract, but also notifies the part-time worker at least 2 weeks in advance (in writing).

Step 3. Issuing an order for employment

The last stage is associated with the execution of several documents:

1. Making an entry in the work book (by the main employer).
2. Institution.

There are no strict recommendations on how to properly issue an admission order, however, information must be reflected that part-time work is expected. You can use the unified form T-1 or develop your own sample, which prescribes:

• Full name, position of the employee;
• terms of payment;
• the presence / absence of a probationary period;
• link to the employment contract;
• signatures and transcripts of the signatures of the parties, the date of the order;
• a mark on the acquaintance of the employee with this document (date, signature).

Step 4. Enrollment in a work and personal card

As for making an entry in the labor, this remains at the discretion of the employee himself. Anyway only the main employer has the right to make an entry. An employee can write a statement about this at any time during the validity of the main employment contract. It is drawn up according to an arbitrary pattern, but applications (documents confirming the fact of employment in a second job) must be indicated in the text.

Only the desire of the employee and the relevant documents are required:

• a certified copy of the order for admission to the 2nd (3rd and subsequent) work;
• certificate from the second job, confirming the fact of employment.

The entry looks like this.

A situation is possible when certain personnel changes in the position of an employee occur at an additional job:

• it is raised / lowered;
• transferred to another position.

Then the entry can again be made at the request of the employee and only by the main employer. The wording will look exactly the same as if the job change had taken place in the current position.

NOTE. The second employer cannot demand the original work book from the employee.

Finally, it remains to also have a personal card, the form of which is no different from the usual case (except that it indicates the fact of a combination). If necessary, the employee signs other documents (rules of procedure, collective agreement, etc.).

If part-time work becomes the main

This case is also possible, and it is worth considering separately, since several significant changes occur at the same time:

1. Termination of relationship with the main employer.
2. Changing the employment contract with the second employer.

In fact, dismissal from the company occurs in the usual way: an application is submitted, it is worked out for 14 days, the contract is terminated, a work book and a calculation are issued.

And in the case of changing part-time jobs to the main employment, 2 options are possible:

1. The employer fires the employee and arranges it again.
2. The employer simply transfers the employee to the main employment.

First option

Both options are completely legal. For each case, there are official comments from Rostrud. For example, if the case with a dismissal and a new job is used, you can refer to the letter, an extract from which is discussed below.

That is, the employer can dismiss and place the employee on a permanent job, but the employee must issue a written consent to such actions. There are several implications to consider:

1. The employer may set a trial period.
2. An employee can use the first vacation no earlier than 6 months after registration.
3. And upon dismissal, the employee has the right to payment for all days of unused vacation.

Second option

On this occasion, Rostrud also gives its comments in the same letter.

That is, it will be enough to draw up an additional agreement reflecting all the nuances in it. The advantages for the employer are mainly that there is no need to pay compensation for unused vacation.

A video commentary on the topic can be seen here.

If you are going to start working part-time, but you are not the head of the organization, teacher, medical worker, a professional athlete, etc., that is, special working conditions are not provided for you, then this article is for you. Here you will find information about the required documents, mandatory working conditions and much more.

Who can work as a part-time

You can work part-time, first of all, if you are over 18 years old and if you are already in legal relations with the employer, that is, you have a regular paid job, but you want to work additionally by entering into a separate employment contract on the terms of part-time work. There are two types of part-time employment: internal, that is, with the same employer with whom you already have a main employment contract, and external part-time employment, in which an employment contract is concluded with another employer on a part-time basis. It should be noted that part-time work should be performed in free time from the main job.

If you apply for a job on the terms internal combination, then the employer is obliged to conclude an additional Employment contract with you and issue an appropriate order.

Hours of work when working part-time

The working hours of a part-time worker should not exceed four hours a day, as expressly stated in Article 284 of the Labor Code. If you have free days at your main place of work (for example, you work on a shift schedule), you can use these days as a part-time job, while working more than four hours. However, even in this case there are some limitations. The duration of the working time of a part-time worker should not exceed half the monthly norm (another accounting period is possible in agreement with the employer). The condition on the duration of the working time of a part-time worker must be included in the employment contract. This should be taken into account when concluding and signing an employment contract. The requirement to limit the working hours of a part-time worker is primarily aimed at protecting the health of the employee.

The legislator allows a full-time job for a part-time job, but only in some cases:

• while on vacation without saving wages;
• parental leave, if
• if you are free from performance of labor duties at the main place of work (meaning a day or more);
• if you have suspended labor activity at the main place of work due to non-payment of wages;
• if you were suspended from your main job due to the state of work, but at the same time you retained your position (in accordance with Article 73 of the Labor Code).

Documents required for applying for a part-time job

• passport or other identity document;
• insurance certificate of state pension insurance (this document is necessary for the employer so that he can pay the appropriate contributions to Pension Fund Russian Federation, therefore, in agreement with the employer, it may be that only the details of the certificate will be sufficient);
• a diploma or other document on education (legally, this requirement for part-time workers is not fixed, however, in practice, the employer, as a rule, asks to present documents on education, therefore, it is possible to present duly certified copies);
• a work book is not presented, since it must be located at the main place of work;
• if the nature of the work involves a certain state of health, then you will need to issue an appropriate certificate and present it to the employer;
• the Labor Code does not require you to obtain a part-time work permit from the main employer, however, sometimes this condition is included in the Employment contract at the main place of work, so before you get a part-time job, make sure you need permission;
• the employer hiring you as a part-time employee may also require you to write a job application. Although it is not necessary for a part-time job, this requirement will not be contrary to law.

As for the remuneration of part-time work, this issue is resolved directly with the employer, since there are no separate provisions on the remuneration of part-time workers in the Labor Code. Pay and compensation provisions should also be included in the Employment Agreement.

Vacation while working part-time

The main rule to keep in mind when talking about leave is that it must be granted at the same time as leave for the main job. It does not matter how long you have worked as a part-time worker at the time of granting leave for your main job. Even if you have not worked for the six months required to grant the leave, the employer must provide the leave in advance. If the duration of the leave at the main place is longer than at part-time work, the employer can provide leave without pay for the required duration.

Dismissal during part-time work

First of all, it should be noted that a part-time worker can be dismissed for any reason provided for in the Labor Code (Article 77), however, the legislator has provided an additional basis for the dismissal of a part-time worker. A part-time worker may be dismissed, and the employment contract with him terminated, if an employee is hired for his position, for whom this work will be the main one. Of course, the employer is obliged to notify the part-time worker about this at least two weeks in advance.