The volume of work in a certain position does not always require the involvement of a full-time employee. The solution in this case may be to hire a part-time worker or assign an employee to combine positions. Despite sounding similar, there is a significant difference between part-time and combination.
Part-time work is the performance by an employee of a labor function in his free time from his main job. Part-time work is formalized with a separate employment contract, in which it is indicated that the work is not the main one. Part-time work can be internal, when part-time work and the main work are performed by one employer, and external - if work is carried out by different employers.
Combination is the performance by an employee of additional work in another position without interruption from his main job. Combining positions cannot be external, because additional work must be performed while the employee is at his main job.
In this article we will take a closer look at part-time and combination jobs and compare their features in the table.
Who should not work part-time?
For some employees, there are prohibitions or restrictions on part-time work. These categories of workers include those who have not yet turned 18 years old - they are prohibited from working part-time. Also, part-time work is prohibited for an employee who performs activities for the main employer that involve harmful or dangerous working conditions, if the part-time work is also associated with similar working conditions. Art. warns about this. 282 TK.
In Art. 329 of the Labor Code states that part-time work related to driving vehicles or controlling the movement of vehicles is not allowed for those employees who perform similar work for the main employer.
For the head of an organization, part-time work is possible only if there is permission from the authorized body of the legal entity or the owner of the organization’s property, or a person authorized by the owner (Article 276 of the Labor Code).
In addition, part-time, according to Art. 2 of Law No. 63-F3 of May 31, 2002, a lawyer cannot work.
Employees of a private security organization are not allowed to combine security activities with civil service or with an elected paid position in public associations. In Art. 12 of the Law of March 11, 1992 No. 2487-1 will clarify that an employee of a private security organization cannot be the founder, director or other official of the organization with which this private security organization has entered into an agreement for the provision of security services.
An athlete or coach has the right to work part-time with another employer in a similar role only with the permission of the employer at the main place of work (Article 348.7 of the Labor Code).
Specifics of part-time employment
To apply for a part-time job, you will need the same documents as for hiring the main job, except for the work book. In Art. 283 of the Labor Code states that “when applying for a part-time job with another employer, the employee must present a passport or other identification document.”
An education document or a certified copy of it will become necessary if the work requires special knowledge and it needs to be confirmed.
In some cases, additional documents must be requested from the part-time worker:
- a certificate about the nature and conditions of work at the main place of work - for work with harmful or dangerous working conditions (Article 283 of the Labor Code);
- a certificate about the nature and conditions of work at the main place of work - for work related to driving vehicles or controlling the movement of vehicles (Article 329 of the Labor Code);
- permission from the authorized body of a legal entity or the owner of the organization’s property from the main place of work - to the position of manager (Article 276 of the Labor Code).
Nuances
If we consider teaching, medical staff and cultural workers, then for these categories of citizens the following work will not be considered part-time work:
- Carrying out various examinations with a one-time payment.
- If the teacher conducts additional lessons on an hourly basis, but not more than 300 hours per year.
- Conducting consultations in their organizations in an amount of no more than 300 hours per year.
- Pedagogical activity in the same educational institution, if there is additional payment for it.
A specialist can perform all these types of activities during his main working hours, but there are exceptions:
- scientific and creative activities, if there is no such staffing position;
- organizing and conducting excursions without appointment to such a position.
But it must be clarified that performing any other work, if you are not currently engaged in your main activity, is permitted and does not require consent from the employer.
How to properly draw up an employment contract with a part-time worker
Letter of the Ministry of Labor dated 04.26.17 No. 14-2/B-357 reminds that in case of internal part-time work, in addition to the main employment contract with the employee, a second employment contract for part-time work must be concluded and, therefore, an additional order for employment must be issued for part-time.
The contract with a part-time worker is concluded within the same terms as with an employee for whom the work is the main one. Moreover, labor legislation allows a part-time worker to enter into a contract with an unlimited number of employers (of course, unless otherwise provided by federal law).
Mandatory elements of an employment contract with a part-time worker:
- an indication that the job is part-time;
- duration of working hours: it should not exceed 20 hours per week and 4 hours per day.
During one month (another accounting period), the duration of part-time work should not exceed half of the monthly (other) standard working time (standard working time for another accounting period) established for a part-time worker. But there are a number of exceptions to the general rule, fixed in Art. 284 TK:
- days on which the part-time worker is not employed at his main place of work;
- days when a part-time worker suspended work at his main place of work due to delayed wages;
- days when a part-time worker is suspended from work due to the fact that he is subject to transfer to another job according to a medical report, but this work is not available from his employer at his main place of work.
During all the periods listed above, a person can work part-time full time.
Entry in the work book of information about part-time work is made only by the main employer (Article 66 of the Labor Code), but under certain conditions:
- at the request of the employee;
- in the presence of a document confirming part-time work (a certified copy of the order for admission to part-time work or a certificate of admission to part-time work containing the details of the order for employment).
That is, a part-time employer does not have the right to make an entry in the work book about part-time work.
The employment contract with a part-time worker may contain an indication of its urgent nature. The conclusion of fixed-term employment contracts with a part-time worker by agreement of the parties is provided for in Part 2 of Art. 59 TK.
How are part-time workers paid?
Remuneration can be of different types:
- time-based - proportional to time worked;
- piecework - taking into account production;
- under the conditions established by the employment contract.
If a part-time worker is given time-based wages or wages for standardized tasks, then payments are made taking into account the final results for the amount of work actually completed.
Part-time workers are not covered by guarantees and compensation related to combining work with education. They are provided to employees only at their main place of work. The same rule applies to those who work in the Far North and equivalent areas.
But a part-time worker can count on the full scope of other guarantees and compensations provided for by labor legislation, collective agreements, agreements and local regulations.
What is combination
Article 60.2 of the Labor Code of the Russian Federation allows, with the written consent of the employee, to entrust him with additional duties that were not initially provided for in the employment contract. If such work is carried out along with the main work during the working day without increasing its duration, then this is called combination.
There are different forms of combination. So, it is possible to combine professions or positions. For example, a driver performs the duties of a freight forwarder. Or a deputy - the responsibilities of a manager.
IMPORTANT. Professions (positions) filled in a combination manner must be provided for in the staffing table. Without this, problems may arise with the tax accounting of additional payments for performing additional work, as well as with the payment of state benefits due to the employee (see, for example, decisions of the Fifteenth Arbitration Court of Appeal dated February 15, 2012 No. 15AP-15046/2011 and FAS Volga District dated April 12. 11 in case No. A12-11725/2010).
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Another combination option is expanding the service area or increasing the scope of work. For example, a sales manager takes over the work with clients of a colleague during his vacation, or an accountant “closes” an additional area during the illness of his colleague.
In any case, an additional payment is due for the combination (Article 115 of the Labor Code of the Russian Federation). The employer indicates its amount in the proposal to perform additional work. The employee has the right to accept or reject this offer.
To refuse a combination, you need to notify the other party to the contract three working days in advance. Both the employer and the employee have this right (Article 60.2 of the Labor Code of the Russian Federation).
Vacation for part-time workers
The main rule that applies in this case is the following: annual paid leave is provided to a part-time worker simultaneously with annual paid leave at the main place of work. Moreover, this is the responsibility of the employer.
What to do if the employee has not worked part-time for six months at the time of leave from his main job? In this situation, the employer will have to provide him with leave in advance.
What is the right thing for an employer to do if a part-time worker approaches him with a request for leave without pay on the basis that leave for part-time work is less than leave at the place of his main job? The answer to this question is given in Art. 286 Labor Code: the employer is obliged to fulfill this request and provide leave without pay for the number of days short of the duration of leave at the main job.
Dismissal of part-time workers
An additional basis for termination of an employment contract is the hiring of an employee for whom the part-time job will become the main one, this is stated in Art. 288 TK. In this case, the employer is obliged to warn the part-time worker in writing about his plans two weeks before the termination of the employment contract.
It is worth paying attention to the fact that the law does not allow early termination of an employment contract with part-time workers working under a fixed-term employment contract in connection with the hiring of another employee, that is, on the basis provided for in Art. 288 TK. In this case, dismissal of the employee is possible only on general grounds.
When dismissing a part-time employee, follow the following steps:
- Determine the basis for terminating the employment contract with a part-time worker, make sure you are not breaking the law.
- Provide the part-time employee with notice of dismissal at least two weeks before termination of the employment contract.
The notification text might look like this:
“In accordance with Art. 288 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you on a part-time basis dated _________ (date and number) for an indefinite period will be terminated 2 (two) weeks from the moment you receive this notice in connection with the hiring of an employee for whom this work will be the main one.”
You will need to make two copies of the notice: for the employee and for yourself (on the employer’s copy, the part-time worker puts a mark of familiarization - date, full name and signature.
- Issue a dismissal order.
In the document, put the date and formulate the grounds for dismissal, indicating the details of the notice of termination of the employment contract.
On the last day of work of the part-time worker, familiarize his employee with the order for signature.
Enter information about dismissal into the employee’s personal card.
- Pay wages and required compensations, issue documents.
All payments must be made on the day of dismissal. If the person did not work on that day, then payments are made no later than the next day after the dismissed employee submits a request for payment.
- Send information about the dismissal of an employee subject to military registration to the military registration and enlistment office.
The information is sent within two weeks - in the form specified in Appendix No. 9 to the Methodological Recommendations for maintaining military records in organizations approved by the General Staff of the Armed Forces of the Russian Federation.
It is important to have written confirmation of sending information to the military registration and enlistment office.
- Notify the bailiff and the collector, as well as the person receiving alimony, of the dismissal of the debtor employee.
The employer is obliged to immediately notify the bailiff about the dismissal of the employee from whose wages deductions were made under the writ of execution, and return this document to them.
Information about the dismissal of the alimony debtor is sent within three days to the bailiff and the alimony recipient.
In both the first and second cases, it is important to have written confirmation of sending messages to the bailiff.
What are the similarities
Despite the differences listed above, part-time work and combination work also have common features.
Both entail additional responsibilities for the employee, the implementation of which requires time and effort. They must be compensated by additional payments from the employer.
Expert opinion
Labor Lawyer Olga Smirnova
Both in the case of part-time work and when combining positions and professions, additional payments must be established for the employee. For part-time work, this norm is enshrined in Art. 285 Labor Code of the Russian Federation. In accordance with Art. 151 of the Labor Code of the Russian Federation to carry out additional work when combining positions, service areas, etc. without additional payments is prohibited, since this puts the employee at a disadvantage.
Both combination and part-time work are possible only with the consent of the employee. You cannot forcefully assign additional responsibilities to an employee.
Thus, there are much more differences between combination and part-time jobs than there are similarities. Therefore, both the employer and the employee can choose the method that is more suitable in the right situation.
