Who cannot work part-time according to the Labor Code of the Russian Federation. Is it possible to work part-time full-time - staffing rules and exceptions to them

Part-time work is employment under a separate contract. The employee has social guarantees enshrined in the Labor Code of the Russian Federation. The conclusion of an agreement is made on the basis of the voluntary desire of a person, expressed in writing.

The procedure for granting part-time work is defined in Chapter. 44 of the Labor Code of the Russian Federation. Employment at the enterprise of the main job or another company is allowed. The law limits the time of employment to a day or a month. The amount of remuneration is determined by production or for time worked with an established task.

The working conditions of part-time workers differ from work in the implementation of the dismissal procedure. If the dismissal is initiated by the employer, along with other grounds (staff reduction, violation of labor discipline, etc.), the agreement is terminated upon hiring a person for whom the place of employment will become the main one. Part-time worker is warned in 2 weeks.

Combination options

The legislation defines 2 types of part-time work:

  • Internal. The employee is employed at his main place of work at the same enterprise.
  • External. The employee has a main job at another company.

Registration is carried out according to the employment contract. The legislation does not establish differences in the implementation of working conditions for both types of part-time workers. For external employees, it is necessary to organize document flow when using vacation.

Part-time workers, along with employees under the main contract, have the right to paid leave, during which their place of employment is maintained. Rest due to additional work provided simultaneously with leave at the main place. In case of a discrepancy between the number of days in the main job and part-time work, the person receives an additional rest period without pay.

Enterprises approve before the start of the calendar year. The purpose of the document is to balance the number of employees and not disrupt the work process. To systematize the processes, the external part-time worker must provide a certificate from the main place of employment about the approved rest period.

Nuances of the procedure

The working hours of a part-time worker are strictly limited by law. Allowed only half the standard working day. The standard is a forty-hour week or monthly norm, the value of which is established in the production calendar. Workers who perform duties according to a schedule have limited working hours within a month.

Part-time employment is not provided:

  • Minors.
  • For positions with special working conditions.
  • Places with responsibilities for managing transport or the movement process (Article 329 of the Labor Code of the Russian Federation).
  • Managers of an enterprise whose additional work is carried out with the consent of the founders or other governing body (Article 276 of the Labor Code of the Russian Federation).

Workers in the field of medicine, pharmaceuticals, culture and pedagogy carry out part-time work in accordance with industry standards and Government regulations. Exceptional conditions for regulating additional employment are based on the characteristics of the work of specialists, which are characterized by short working hours, hazardous working conditions and the number of hours of the working week that differs from the normal time norm.

Industry regulations have adopted the permissible number of additional hours for each of the specialties of doctors, teachers and cultural workers. At the same time, a list of works that are not part-time jobs has been established - consulting, conducting examinations, literary activities.

How to arrange them correctly

The document flow and procedure for hiring an external and internal part-time worker are no different. Upon employment:

  • A person approaches the head of the enterprise with a statement. The document must indicate the form of employment – ​​“part-time”.
  • After the employer approves the application, the HR employee issues an order and draws up an employment contract in 2 copies.
  • The condition of part-time work is indicated. On the form, the employee signs that he has read it.
  • The agreement is signed by both parties (manager and hired person). One copy is kept in the organization, the second is handed over to the employee.
  • A job description is developed for the employee as an annex document to the contract. If the agreement contains a detailed description of responsibilities, instructions may be missing.
  • The person is assigned a personnel number and assigned to him.
  • The newly hired employee is introduced to the working conditions and given instructions on labor protection, which he signs in the log.
  • Familiarization with the norms of local internal regulations is carried out - regulations on bonuses, collective agreement, etc. The documents include sheets for signature, through which the employee agrees with the provisions of the acts.

When an employee services material assets - cash, warehouse stocks, finished products - the employer additionally enters into an agreement with him on individual or collective responsibility (Article 244 of the Labor Code of the Russian Federation). With faces under 18 years of age, the contract cannot be concluded.

Employment of part-time workers is accompanied by the submission of documents in accordance with the list established by Art. 65 Labor Code of the Russian Federation. The person being hired represents:

  • Identity document – ​​passport.
  • A copy of the work record book and pension insurance certificate (SNILS). The condition is mandatory for external part-time workers. Documents of internal part-time workers are copied from the appendices of the main contract.
  • For those liable for military service - a military registration document.
  • Certificate of health for positions that require such confirmation - sellers, canteen workers and others.
  • For positions requiring special training - a document on education.
  • When applying for a position that requires a clean criminal record, a relevant certificate is required.
  • For persons of foreign nationality - permission from the migration service.

External part-time workers are not provided. The exception is cases in which the person has not declared a desire to receive a deduction at the main place of employment.

To receive a deduction, he must provide a certificate from his main place of work confirming the absence of benefits in the current year. The document is updated annually.

If a part-time partner claims a deduction, he will need to provide a certificate from the Federal Tax Service for property benefits or a birth certificate for children to receive a standard deduction.

After employment, the employer must provide information:

  • To the commissariat if the employee is liable for military service.
  • To the place of previous employment, if the person held a public position and the dismissal took place before the expiration of 2 years (Article 64.1 of the Labor Code of the Russian Federation).

An employee has the right to receive wages on any card if the company uses a non-cash form of payments. A person can provide information about his own current account to the accounting department. The employer does not have the right to refuse an external part-time worker’s request to use his card, even if transfers to the organization are made to another financial institution.

The pros and cons, as well as all aspects of such employment, are discussed in the following video:

Nuances of an employment contract

The agreement between the employer and employee is concluded in writing. The part-time worker's employment contract contains:

  • Details of the parties and data of the company representative. In the standard version, the manager acts on behalf of the organization, and the entrepreneur himself acts on behalf of the individual entrepreneur.
  • A detailed description of the position indicating the form of the contract - or an open-ended type. In urgent options, the expiration date of the agreement is entered.
  • Indication of part-time work. The condition is one of the mandatory data, in the absence of which the contract is considered void - having no legal force.
  • Hours of work standards. An employee hired on a part-time basis has the right to work no more than half of a standard week.
  • Rights and obligations of the parties.
  • Social guarantees for the employee in accordance with the law. If the enterprise has benefits in an amount higher than those established by the state, they are also included in the contract. A part-time worker has equal rights with other employees for whom employment is their main job.

The agreement is signed page by page or only at the end, indicating these parties. The part-time worker makes a note of receipt on the employer’s copy.

Labor records

The work book is located in the personnel service of the enterprise of the main place of employment. At the request of the internal part-time worker, a record of additional work is made in the document. The procedure for internal employees does not require anything other than an application from the individual.

External part-time workers also have the opportunity to record additional employment.

After applying for additional work, the person contacts the personnel authority with a request to issue a copy of the appointment order and a certificate of employment. The employee submits copies of the order, contract and certificate at the place where the work record is stored. The personnel employee of the main employment enterprise makes an entry in the book.

Additional work in the form of part-time work allows you to receive income from activities in your free time from your main job. The time limit for part-time workers is set at half the day or shift. Employment is permitted with the employer of the main place or at any other enterprise.

If you no longer have enough money to meet all your needs, what can you do?

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The main thing when planning a home budget is to understand where most of your expenses go and what you can refuse.

This will allow you to plan your spending part of the budget so that you can save money for major purchases.

If you have managed to reduce your expenses, but still don’t have enough money, then additional work would be the ideal choice. You can work part-time or part-time. Let's look at the difference between these concepts.

Basic Concepts

With a part-time job, an employee regularly performs other work in his free time from his main job.

Part-time work involves performing job duties not only in your own company, but also in another organization.

If you work in different positions in only one company, during the working hours agreed upon by law, then this is a combination.

What it is

Part-time and part-time work is an excellent opportunity to replenish your budget. Internal part-time and combination, what is the difference?

Employment mistakes often occur when the wrong form of working relationship is used. Let's consider combination of internal and external positions, and combination of professions and positions.

Part-time work is characterized by a number of features:

There are different forms of part-time work – external and internal:

Conclusion of an employment contract

The law establishes that it is impossible to conclude an employment contract with a minor citizen. Harmful and dangerous production also falls under the same conditions.

The legislator prohibits employees serving in the civil service, as well as in a number of other areas of activity, from carrying out part-time work activities.

The legislation does not specify the number of companies where a citizen has the right to work at the same time. That is, as long as a person has health, he works in as many companies.

For such employees, labor legislation establishes the duration of the work shift. The employee, having passed the interview, fills out.

The application indicates that this is a part-time job. All documents required for employment are attached, excluding.

The calculation of the amount of additional payments when combining is made based on the volume performed and the nature of the duties. This is confirmed by documents.

When starting a combination, it is necessary to familiarize the employee with the specifics of the work being performed additionally. Any employee can refuse this work regime.

If the employee accepts the terms of the combination, then he expresses his consent in writing. If the combination regime has lost its relevance, the company’s employer notifies the subordinate about this.

To register a combination according to all the rules, you must:

Mandatory remuneration of the employee is made for the main and additional positions.

A citizen can refuse a combination, even if its validity period has not expired. In 2019, there will be innovations for part-time workers:

The difference between part-time work and combination of professions (table)

Condition Part-time job Combination
Place of work Both at the main place of work and in another organization At main place of work
Employment contract Needed Not required Only an additional agreement is drawn up
Not required Not installed
The order of acceptance to work Published Published
Entry in the work book Required Not required
Registration or affairs Mandatory for external part-time workers Does not require registration
Salary For actual time worked Additional payment established by agreement of the parties
Vacation It appears Represented by main specialty
Restrictions Restrictions are established by Article 282 of the Labor Code, subject to a number of conditions. There are restrictions for the head of the company The combination of a manager is permissible, provided that a number of conditions are met
Termination of work On a universal basis With the expiration of the agreement. Provided ahead of schedule

What could be the disadvantages?

Disadvantages of combination:

  • work activity at the main workplace is permissible;
  • restriction of the type of specialties, if different from the main specialty;
  • increase in work performed.

Disadvantages of part-time work:

  • you need to work more than 8 hours. per day;
  • limiting the hours of additional part-time work;
  • existing risk of decreased quality of work.

Combination of general director in one organization.

It is permissible for the general director to combine positions with the permission of the company's board of directors. The sole founder independently determines whether he needs to combine positions.

Possible ways to improve

  • management of both state and municipal organizations;
  • members of the Board of Directors of the Central Bank;
  • if another local act of the company stipulates the inadmissibility of external part-time work.

As a rule, this is due to the protection of trade secrets. If the general director works part-time, a separate contract is signed.

It can be either urgent or in nature. If the part-time job is external, then the necessary approval is required, in writing from one of the persons:

Part-time work carried out by the general director is determined by a local act.

FAQ

Quite often, when registering an employee for a part-time or part-time job, a number of questions arise. Let's consider some of them that arise more often than others.

Which is more profitable

There is no definite answer that part-time or part-time work is better, since the benefits from the point of view of both the employer and the employee are different.

Below are data for comparison; by studying them, you can decide on the attractiveness of a certain form of labor relations.

Basis for comparison Combination Internal part-time job
Job title Provided according to the related specialization of the worker Any
Documenting It is drawn up as an additional agreement to the employment contract, and the order is approved An employee writes an application to be hired for a specific position, then an employment contract is signed.
Entry in the work book Not required If the worker desires its availability
Personnel Number Doesn't change Assigned for each type of work
Probation Not required At the request of the worker
Working hours All day If the main type of work is completed
Mark on the report card Placed at the main place of work Appears for all positions
Payment There is a salary supplement There is a salary component for all positions held
Vacation Submitted on an annual basis Presented for each place of work
Benefit Produced One allowance for two positions
Termination When will the additional agreement expire? According to general principles

Is it possible to work in two types of employment at the same time?

There are several groups of citizens who are prohibited by law from holding a second job:

On harmful And dangerous industries
For those who have not yet achieved 18 years
For drivers If a similar type of activity is carried out
Government employees And municipal enterprises
For employees who work in culture Are educators and work full-time in healthcare
For the following employees Holding the position of judge, prosecutor, police officer, lawyer, military personnel, State Duma deputy and member of the Government of Russia
Without the permission of the head of the organization, carry out additional work in the same area Prohibited for athletes and coaches. Owners of organizations can allow employment for a second job

Other employees can work in two types of employment.

Features for the chief accountant

Quite often, the chief accountant works part-time in different companies.

Video: what is more profitable: combination or part-time work?

The contract with a part-time accountant is standard. But it must indicate that this work activity is part-time.

Nuances for teaching staff

The legislation defines a list of persons engaged in teaching activities whose work cannot be classified as part-time. This:

Lack of employee records Carrying out literary, scientific or other creative activities not included in the staffing table
One-time consultations or hourly work Takes no more than 300 working hours per year
Faculty leadership As well as supervision of doctors and graduate students, head of the department
Teachers who are already working In preschool, general, special or higher education
Management of the commission, office, laboratory Or teaching courses to students, without recording this activity in the staffing table
Combination, subject to additional payment In the same institution
If excursions are paid on a piece-by-piece basis Or payment is made by the hour and the employee is not included in the staff

All teaching staff receive additional payment when performing additional work activities.

For directors serving in a state or municipal enterprise, combinations are only permissible of a basic and scientific nature.

The teaching staff of government institutions has been given the opportunity to improve their qualifications in order to increase the accruals for the positions they occupy.

It is permissible to arrange leave for teachers working part-time at the same time as a leave of absence issued at their main workplace.

If you have fewer vacation days for work performed additionally, the difference is paid at your own expense. This will equalize the periods of both vacations.

The number of days of annual leave also differs from the type of activity of teaching staff. Sick leave is paid for all types of work.

If a part-time worker has less than 2 years of work experience, it means paid sick leave only at the main place of work.

Changes in Russian legislation in 2019 underwent quite serious reforms. Many articles have been corrected.

Some of them removed the contradictions of other legislative acts from the labor code. Some were replenished with benefits for Russian citizens. Some of the reforms, on the contrary, tightened a number of norms and requirements.

This activity of adjustments to the labor code suggests that the system of legislative reforms that began in 2019 has not yet been completed. One can only guess what they will bring for the working population of Russia.

When a person does not have enough money to survive, he thinks about looking for additional income. A citizen has only one place of work - where he is employed as the main employee. Everything else is referred to as part-time work. How to correctly prepare all the accompanying documentation - this is the question that will be discussed in the article.

There are no particular differences between registering an employee as a part-time worker and regular hiring. An employment contract is mandatory. It is signed by both parties. Part-time work is regulated by the Labor Code of the Russian Federation. When preparing documentation, you need to remember the following features:

An employment order must also be issued. In any case (internal or external part-time work), you can use your sample or the established T-1 form.

The amount and procedure for payment of wages are specified in the contract. Part-time work is regulated by the Labor Code of the Russian Federation, registration takes place in accordance with the law, and the employee has the right not only to a base salary, but also to various increasing factors related to working conditions (work at night, on holidays).

What categories of citizens cannot be part-time workers?

Not every person can apply for part-time registration. The following categories of citizens cannot perform other work during additional time:

  • minors;
  • people working in enterprises with dangerous or harmful working conditions;
  • vehicle drivers (if you want to get a similar position);
  • employees of private security companies, including managers;
  • employees of the budgetary, military and municipal spheres;
  • heads of enterprises (their employment on a part-time basis is possible only upon receipt of the appropriate permission from a higher authority or the owner of the organization).

Vacation and dismissal of part-time workers

Part-time workers, like main employees, have the right to receive annual leave. It is provided during the same period when there should be a vacation at the place of main work. Even if the part-time appointment took place less than six months ago, you will have to provide leave. The manager has no reason to refuse to provide an employee with rest. Read more about leave for part-time workers.

But when dismissing part-time workers, there are a number of very important features. The employer has the right to hire a permanent employee to replace a part-time worker. He only needs to notify the current employee about this 2 weeks in advance. This is due to the fact that the labor code considers part-time work to be an additional measure when it is not possible to find a permanent employee. This right does not apply in the case of concluding a fixed-term contract.

If there is a layoff at the enterprise, then severance pay to the part-time worker is not paid, as are other compensations. Now let’s look in more detail at how to register a part-time employee, if we are talking about internal and external part-time work in particular.

One employee can perform functions in several positions at different times. This form of labor relations has its own name and features, the consideration of which will determine the procedure and how correctly the personnel employee carries out the registration of internal part-time work for various positions.

In this case, it is impossible to draw up an additional agreement. You will need to complete and sign a new employment contract. This means that the employee will also have a second personnel number (so that the accountant can calculate the salary for each position).

Registration procedure

The main employee who is applying for an internal part-time job does not need to collect the package of documents again. The exception is when higher qualifications are required to perform the duties of a new job.

All the necessary information about the employee is already available in his personal file, compiled by a personnel specialist. All that remains is to figure out how to arrange an internal part-time job with one employer. This must be done in the following order:

  • the employer and employee discuss the details of the future part-time job;
  • the main employee writes a free-form application in which he asks to be hired as a part-time worker for a specific position from a specific date (a sample application can be found in);
  • an order is drawn up, which differs from a regular employment order by the presence of a record of part-time employment (the internal part-time worker must be familiar with this document);
  • An employment contract is concluded, which also mentions internal part-time work, in information about the nature of the work performed (a sample contract can be found in).

After this, all that remains is to make the appropriate entry in the work book, if the employee himself asked for it by writing a corresponding statement. When registering an internal part-time job, you need to be guided by the Labor Code of the Russian Federation. And he says that the employer himself does not make such a record without the employee’s request. Such an entry looks like this:

No special notes are made when making an entry. A serial number and date are entered, information about hiring is entered, and the basis is indicated. The answer to the question of how to arrange an internal part-time job turned out to be quite simple. Once having studied all the nuances, a personnel specialist will not have to study labor legislation every time.

External part-time work has its own characteristics. It does not happen exactly the same way as in the case of internal part-time work. This can be challenging for the HR professional. Therefore, it is worth studying in detail the information on how to register an external part-time employee.

Important nuances

An employer cannot hire a new employee as a part-time employee for a position whose information is not included in the staffing table. It will not be possible to do without presenting papers demonstrating a sufficient level of qualifications of the future employee.

The education diploma can be kept at the main place of work. How to arrange external part-time work in this case? The applicant himself must take care of providing the document. He must obtain a diploma from his place of work, make a copy of it and bring it along with the original to a possible employer. After which the document will need to be returned to the personnel specialist at the main job.

Here are a few more nuances that should not be forgotten:

  • an employment contract must be drawn up with an external part-time worker, which specifies the nature of the work;
  • one cannot do without issuing an order to hire a person as a part-time worker;
  • Strict recording of time worked must be maintained.

The employment contract must indicate the work schedule. It is compiled taking into account the time of work at the main place. Now let’s figure out how to properly arrange external part-time work.

List of required documents

Before hiring a person, the head of the organization or the relevant official must ask the potential employee for a number of required documents:


But a new employer cannot demand a work book, because it is stored at the main place of work and cannot be issued. This means that the manager in the new organization should not make an entry on this strict reporting form about hiring.

Features of drawing up an employment contract

The format of the concluded employment contract is the same as for a regular hire. This also applies to possible additional agreements. Most often, contracts are concluded for a period of up to 5 years or without a deadline for fulfilling obligations.

To draw up a contract correctly, you must be guided by Chapter 44 of the Labor Code of the Russian Federation, namely Articles 60 and 68.

Here are the main features of such an agreement:

  • availability of information that the employee is an external part-time worker;
  • the work schedule is displayed (indicating intervals);
  • the number of hours that must be worked is indicated;
  • other conditions are prescribed that determine the procedure for performing official duties.

Filling out a work book

It has already been said that at a non-main place of work an employee is not given an entry in the work book. Only the main employer has this opportunity. To do this, the HR specialist must verify the fact of external part-time work. To do this, the employee must bring the following documents:

  • a copy of the employment contract;
  • a certificate of availability of a second job (must be signed by an authorized person, a stamp must be affixed);
  • application with a request to make an entry in the work book.

After this, the HR employee makes the following entry in the employee’s work book:

Let's sum it up

Registration of internal and external part-time work has its own characteristics, but a personnel employee should not encounter any difficulties. The entire application procedure is not much different from a regular job application.

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

General information

By part-time work, the Labor Code of the Russian Federation means that an employee performs additional duties during a temporary period free from performing the main job.

According to current regulations, such additional activities must be regular and paid in proportion to the actual time 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 an employee works more than the allotted time, then the duration of time 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 guarantees and guarantees required by the main employee. This also applies to the provision of different types.

Definitions

The definition of the term part-time is contained in.

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

Therefore, part-time activities can be considered if:

  • another employment contract is drawn up with a subject already in an employment relationship;
  • systematic paid work is carried out under an additional employment contract;
  • additional activities are carried out during the time not occupied by the main work.

In addition, the legislation distinguishes between the external and internal forms of part-time work. If the subject additionally works at another enterprise, then he should be considered an external part-time worker.

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

Documentation during employment

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

The agreement must be concluded in writing. The content is similar to the usual one.

In the same way, it specifies the terms of activity, methods of payment, 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 enter into as many contracts as he wishes. In this case, responsibility for the general standards of time worked rests entirely with the employee himself.

The employer must ensure that the law is observed at 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 worker is the indication of additional conditions for.

Thus, the employer is free to dismiss a part-time worker if a full-time employee is hired for the position he occupies.

Current regulatory framework

Regulates the nuances of the activities of entities working part-time (Articles 282-288):

In Art. 282 General provisions on part-time work are defined. The concepts of part-time work and the features of such work are spelled out here. The article also regulates the specifics of work for certain categories of citizens.
Contains information about the documents required. It states here what documents the employer has the right to require from the employee
Article 284 Establishes 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 occupied by the main job, the employee has the right to work an additional full day. At the same time, the duration of time worked by a part-time employee per month should not exceed half the monthly temporary norm of the main employee
IN The rules for remuneration of part-time workers are prescribed. According to the law, part-time workers are paid in proportion to the time worked. But the employer has the right to establish his own payment conditions by stipulating them in the employment contract
IN The procedure for granting leave to persons working part-time is determined. This way, a part-time worker can receive leave from an additional job at the same time as being provided with rest from their main job. Moreover, if the period worked is insufficient, vacation can be obtained in advance. In addition, the employee has the right to ask for an extension of vacation at his own expense.
Establishes guarantees and benefits for part-time workers. These are due to part-time workers to the same extent as for main employees. The only exceptions are compensations and guarantees provided to persons combining work and study, as well as workers in the Far North and equivalent regions - these allowances are not provided to part-time workers
Defines additional grounds for terminating employment relationships with part-time workers. In addition to the general grounds, it specifies the possibility of dismissing a part-time worker upon hiring the main employee, but with mandatory notification two weeks before termination of the contract

It is especially worth mentioning Article 282, in particular its fifth part. Here we are talking about the impossibility of employment in a part-time role for individuals who have not reached the age of majority, if the working conditions can be characterized as difficult, dangerous or unfavorable.

Also, a managerial employee of an organization who does not have permission from a higher authority at his main place of work has no right to work part-time.

Restrictions have also been established for certain categories of government officials. For example, deputies of the State Duma cannot become part-time workers.

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

Features of labor relations under these conditions

Before some amendments were made to the legislation, internal part-time work in similar positions was unacceptable.

It was possible to work additionally only in another specialty, profession or position. After Article 98 of the Labor Code was declared invalid, 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 the specific nature of the main place of work.

It is also appropriate to distinguish combination from part-time work. Combination refers to the performance of additional duties during the main activity.

Part-time work must also be distinguished from the provision of services. Part-time work can only be regulated by the Labor Code of the Russian Federation.

Is it possible to work 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 about the search for a part-time position and obtain appropriate permission.

Municipal employees, in accordance with Federal Law No. 25, are strictly prohibited from being members of management bodies, various supervisory and trusteeship boards, and structural divisions of foreign non-profit organizations.

The issue of part-time work is resolved 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 authorities decide to check the correctness of the formalization of labor relations with part-time workers.

Today, employment in various formats is legally permitted. One of the most frequently used methods is part-time work. This point is covered in sufficient detail in the current version of the Labor Code of the Russian Federation. But it is worth remembering that the use of an employment contract of this type is subject to special...

Today, at the legislative level, the possibility of employment in various ways has been established. Recently, due to crises, part-time employment has become increasingly popular. But both the employer and the employee need to remember a large number of different features...

According to the Russian Constitution, everyone has the right to freely dispose of their labor. One of the forms of realization of this right is the possibility of an employee to work part-time, provided for by the Labor Code of the Russian Federation. Insufficient wages and the need to incur additional significant expenses have always pushed citizens to look for additional work. Moreover, in the current time of crisis, it is difficult to overestimate this possibility.

For employers, both individual entrepreneurs and organizations, which are increasingly faced with hiring part-time employees, this is just as relevant. The state has established prohibitions and restrictions in this area, and issued certain regulatory rules that must be followed. That is why, in order to avoid liability for violations of the law, it is necessary to clearly understand how to correctly accept an employee in this situation. The proposed article explains the procedure for registering for part-time admission and some practical aspects.

Legal regulation of part-time work

Since the state cares about the health of workers, as well as about respecting its own interests and the interests of third parties when hiring part-time workers, a number of regulatory standards have been issued for this situation. The main regulatory act that regulates part-time work is the Labor Code of the Russian Federation, and in particular Art. 60.1 of the Code and 44 Chapter. The provisions of its articles are revealed by a number of by-laws. Separate laws establish additional restrictions and prohibitions on part-time work. In particular, such restrictions and prohibitions are established by the Federal Constitutional Laws “On the Government” of the Russian Federation and “On the Judicial System”. Law of the Russian Federation “On private detective and security activities”, etc.

Concept and difference from combining professions (positions)

Part-time work is a work activity performed by an employee in his free time from his main job. Such activities can be performed both at the main employer (internal) and at a third party (external part-time).

The concept of “part-time work” should be distinguished from the concept of “combining professions (positions),” or as they also say in everyday life, “combining positions.”

The key and main point for distinguishing between these terms is that part-time work is performed in free time from the main job. When combining positions or professions, the combined work is performed during working hours.

The following characteristic points can be identified for both cases.

  • documentation: employment contract and order,
  • time indicator: only during times other than the main job duties.

Work on conditions of combining positions and/or professions:

  • documentation: additional agreement to the main employment contract and order,
  • time indicator: within the main working hours.

The legislation does not establish restrictions on the number of employers with whom an employee can simultaneously enter into employment contracts.

Registration of a part-time worker

For some employers, registering a part-time employee is an ordinary case, for others it is not standard. Let's take a closer look at this process.

Hiring for part-time work is accompanied by the provision of the following documents by the employee:

  • identity document, passport, or other equivalent document.
  • a diploma or other document confirming the professional education of a candidate for a job (at the discretion of the employer and if special education is a necessary requirement for the position for which admission is being made),
  • certificate of working conditions at the main place of work (if hired for a position involving harmful or dangerous working conditions)

Also, in addition to the documents provided for by the Labor Code of the Russian Federation, an employee applying for a vacant position must provide a copy of the pension insurance certificate.

Please note: The employer does not have the right to require a work book from a part-time employee, much less fill it out.

The conclusion of an employment contract is carried out according to the general rules established by Section III of the Labor Code of the Russian Federation. The contract should indicate that the work performed by the hired employee... The contract specifies the number of hours the employee will work.

When issuing an order for part-time employment, an employee of the employer's personnel service can use both a unified form developed and approved by Rosstat, and the order form used at the enterprise. Most often, personnel officers of individual entrepreneurs and legal entities use a unified form.

Armed with a certified copy of the order for part-time employment, or a certificate from a new place of work, the employee has the right to contact the main employer to make an entry in the work book. If the employee wishes, such an entry will be made at the main place of work. Like other employees, when working part-time, a personal card is created for the part-time worker. A time sheet is also kept for him. But it must be taken into account that if he works internally, then the number of hours worked is indicated separately for each position that the employee occupies.

The parties to an employment contract providing for part-time work have the right to provide for different conditions for remuneration for the part-time worker. But in practice, two of them are most often used:

  • payment is proportional to the time the part-time worker worked,
  • payment, the amount of which depends on the employee’s output.

Payment of wages to part-time employees is made on the same dates as to main employees.

Part-time ratio

The practice of hiring part-time workers is quite common. At the same time, in most areas this phenomenon is not widespread. This is an exception rather than a general rule. However, there are areas of activity in which part-time employment is more than common. We are talking about budgetary institutions and in particular the spheres of health care and education. However, this phenomenon is quite common in private clinics and educational institutions. Taking into account indicators of such work is important for both statistical and economic purposes. To reflect the indicator of part-time work for specific organizations and industries, a special coefficient is used.

The part-time ratio is a characteristic of the state of staffing and is determined according to the formula below.

Ks - Part-time coefficient

S - number of employees

R is the number of jobs he occupies

Restrictions and prohibitions when working part-time

Working in multiple positions is not always permitted by the legislator. Obviously, increasing the total working hours can have a detrimental effect on the health of the employee. A person is not always able to adequately assess his capabilities. As a result, it is possible to cause harm to both oneself and others. In some cases, working for more than one employer may present a conflict of interest. In particularly pressing cases, the state has provided prohibitions and restrictions on part-time work.

Concern for the health of citizens required the introduction of restrictions on part-time work for the following categories of workers:

  • minors,
  • persons working in harmful and dangerous jobs who want to take part-time jobs in similar positions,
  • persons driving vehicles at their main place of work, if the part-time work is similar to the main one.

Part-time work for the above-mentioned persons is prohibited. To avoid conflicts of interest, such work is prohibited (with some assumptions) for the following categories of persons:

  • members of the Government,
  • judges,
  • government officials,
  • local government officials,
  • military personnel,
  • law enforcement officers,
  • persons engaged in private practice: lawyers, notaries,
  • heads of security organizations and their employees.

Labor legislation has also introduced restrictions on combining management positions in the management bodies of organizations. A necessary requirement for the possibility of part-time work, in this case, is the consent of the authorized body of the organization or the owner (the person authorized to represent him) of the organization’s property.

In addition to the listed restrictions, the legislation also provides for a maximum number of hours that can be used when working part-time. So during the day such work should not take four hours. But at the same time, if a person was not employed at his main place of work, then he can work part-time full time.

If the employer and employee violate the legal requirements prohibiting or limiting part-time work, then both parties to the employment contract may be held liable. At the same time, for the employer, such liability is provided in the form of an administrative fine of up to 50,000 rubles, and in case of repeated violation, up to 70,000 rubles. For an employee, labor legislation provides for liability in the form of termination of an employment contract.