Part-time work: what you need to pay attention to

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Published: 07/22/2016

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The definition of part-time work is given in Article 282 of the Labor Code of the Russian Federation. It means that an employee regularly performs one or more other jobs in his free time from his main job, for which he also receives a monetary reward. The number of combined jobs is not limited in any way by law.

In order for such work to be formalized, it is necessary to conclude an employment contract with the employee and indicate in it that the work is part-time.

Part-time work is called internal if the employee performs another job in the same organization as the main one, and external if he works in different organizations.

• Registration procedure
• Important points for the employer
• For employee

How to correctly register the appointment of a part-time employee

Part-time work is the simultaneous performance of labor functions in two (and possibly more) jobs, one of which is the main one. Activities at other jobs are performed exclusively during those periods of time that are not filled with the performance of primary job duties.

Part-time work must be officially formalized in accordance with the following articles of legislation: Art. 282, art. 283, art. 65 Labor Code of the Russian Federation. The hiring process is unified, but the application procedure is slightly different.

However, the labor document is concluded at all workplaces: both the main one and the combined one. The existence of such employment contracts is not limited by law. It all depends on the capabilities of the employee. According to the Labor Code of the Russian Federation, the number of part-time positions is not limited. However, there are certain categories of citizens who cannot be accepted for such work.

For example, the following cannot work part-time:

• minors;
• if the nature of the main workplace and the part-time job are the same, then, as a rule, combination cannot be allowed;
• employees of private security companies when combined with government positions;
• For employees of the educational sector and medical institutions, there is a maximum limit on the time of part-time work.

General concepts

Part-time work is additional work that is performed in free time from the main job. And, according to the law, the duration of the period of part-time work cannot be longer than in the main job. Moreover, it should not be more than half of the working time in a permanent job. And at the same time, any number of occupations or positions performed part-time is permitted (Article 60. 1 of the Labor Code of the Russian Federation).

And also the Labor Code clearly states that certain categories of citizens do not have the right to work part-time. It is prohibited to work at additional part-time jobs:

• persons under 18 years of age (Article 282);
• when the main and additional work are equally associated with difficult and unhealthy conditions (Article 282);
• drivers, if additional work is also related to driving vehicles (Article 329);
• state and municipal officials (Article 17 of Law No. 79-FZ of July 27, 2004).

And also in the use of part-time work for a number of persons there are restrictions determined by law.

These individuals include:

1. Leaders. They can work part-time only with the permission of the owner of the enterprise or his authorized representative (Article 276).
2. Specialists in such fields as pedagogy, culture, pharmaceuticals and medicine. For them, part-time work is allowed only if their permanent work is carried out on a reduced schedule (Resolution of the Ministry of Labor No. 41-RF of June 30, 2003).
3. Athletes and coaches. These employees have the right to earn extra work as athletes or coaches only with the permission of the management of the main organization (Article 348.7).
4. Military personnel, judges, prosecutors, lawyers, State Duma deputies and members of the Government of the Russian Federation. For each of these listed groups, there are certain prohibitions on part-time work, fixed in highly specialized job descriptions, acts and rules.

List of documents

The initial stage is the preparation of documentation. All documents can be classified into two types:

• basic;
• additional.

The first type is provided for by the Labor Code of the Russian Federation. They are mandatory and employment is impossible without them. Without them, applying for a job is impossible.

Additional documents are not a legal requirement. However, they are desirable as they increase the chances of employment.

The table below provides a list of basic documents for part-time employment.

Additional documents are:

• 2 photos;
• a copy of the work book;
• TIN certificate;
• SNILS;
• child's birth certificate;
• medical certificate;
• a document confirming the status of a large family;
• certificate of health of a relative (whether there is a disability);
• questionnaire;
• other documents, specifications, etc.

Important! A list of documents must be submitted when an employee works part-time in another company. No documents are required for the internal combination option.

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.

Preparation of documents for internal part-time work

The internal option involves working in different positions, but within the same organization.

List of basic operations when submitting documents:

• filling out a questionnaire from the employee;
• no additional documents are required. All of them are stored in the company's HR department;
• after submitting the application, an employment contract is signed;
• after signing the employment contract, an order is issued indicating the start date of work;
• You can make an entry in your work book if you wish.

Important! If an employee works part-time, he must provide an education document confirming his ability to work with this qualification.

Design rules:

• mandatory acceptance of an application from an employee;
• conclusion of an employment contract with the reference “combined”;
• issue an order;
• registration of an entry in the work book.

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 - fixed-term or indefinite. 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.

Here you can download a free sample of such an employment contract

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.

Preparation of documents for external part-time work

Thanks to the external option, the employee gets a job in another company.

The list of documents in this case is much longer, and the procedure is more complex.

List of documents for external part-time worker:

• passport;
• educational certificate;
• document confirming qualifications;
• SNILS;
• TIN;
• certificate of working conditions of the main workplace.

Important! The employer does not have the right to demand a work book, since it is kept in the main company. You can request a certified copy of it.

The registration process for such an employee:

• collection of documents;
• writing an application;
• conclusion of an employment contract in a standard form;
• familiarization with the internal rules and their signature;
• assigning a personnel number to an employee.

Important! In an employment contract, the reference to “combination” is mandatory.

If an employee wishes to obtain an entry in the work book, he must contact the personnel department at the main place of work to request such an entry.

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 in the article.

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.

Application from an external part-time worker during employment

This document is an important element required when registering an employee.

There are no exact requirements for its content. However, you must provide personal information:

• Name of the organization;
• Full name, position;
• initials and place of residence;
• application form indicating the place and start date of work;
• date of;
• signature.

Basic rules for filling out the application:

• written in free form;
• the application must contain a header and a body with an application for admission to the workplace;
• the header contains the employer’s data, the name of the person in charge, the person’s data (name, passport details, place of residence);
• the application must contain an indication of the date of employment and position held;
• indicate a list of documents attached to the application.

Important! The list of required documents is presented in Art. 282 Labor Code of the Russian Federation.

The organization may have a ready-made application form, so it makes sense to contact the company’s HR officer for help and clarification.

In general, the application cannot be considered a mandatory document. But for municipal and state positions they are required to fill it. If it is written, then an appropriate order should be issued to hire such an employee.

Certificate from main place of work

This document is a very important and mandatory point.

Important! According to the law, you cannot take a part-time job if the working conditions at both the main place of work and the part-time job are similar and are considered harmful and dangerous.

Example No. 1. Agofonov P.P. wants to get a part-time job at a metal products manufacturing plant. The working conditions at this workplace are considered hazardous. During employment, the employer demanded from Agofonov P.P. a certificate of working conditions and nature of work from the main place of work.

The certificate from the main place of work indicated that the conditions in which the employee worked were normal.

After providing a certificate and passing the medical examination of employee Agafonov P.P. They took on a part-time job because there were violations of Art. 282 of the Labor Code of the Russian Federation was not identified.

The certificate does not have a standard unified form, but there are requirements for the content. Basic data to be specified:

• name of company;
• date of certificate;
• SNILS number;
• Full name of the employee;
• nature of work activity;
• the position you plan to occupy;
• working conditions according to SOUT;
• when the SOUT was carried out;
• manager position;
• management signature;
• seal.

You can download a certificate clarifying the special nature of the work here.

Nuances of the procedure

The working hours of a part-time worker are strictly limited by law. 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.

FAQ

Question No. 1. If a person applying for a part-time job is a citizen of the Republic of Belarus, does he need to present a permitting patent when applying for employment?

Answer: no, you do not need to submit a patent.

Question number 2 . If an employee wants to work part-time internally, is it necessary to draw up a second employment contract or make changes to the main one?

Answer: Letter of Rostrud dated 04/26/2017 No. 14-2/B-357 states that with an internal employment option, a second contract is concluded, which means that another employment order must be issued. There must be a reference to part-time work everywhere.

Question No. 3. What are the main specific elements of a part-time employment contract?

Answer: Main important points:

• link to part-time work;
• The duration of work cannot exceed 20 hours per week and 4 hours per day. Mandatory requirement.

Specifics of the issue of part-time work

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

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

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

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

According to Part 2 of Article 60.1, combination is characterized by an increase in job responsibilities either in the main profession (with the expansion of the organization, increasing the intensity of the load imposed on the employee), or in an additional one during the absence of a specialist performing this function (he may be on vacation, on sick leave, absent due to other circumstances). The combination is formalized by the usual order of the organization, while an increase in the volume of work is permissible only for an additional fee and with the written consent of the employee.

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

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

Most common mistakes

Error No. 1. When hiring an employee, the employer demanded from him documents confirming the ownership of housing. He referred to the fact that confirmation of registration at the place of residence is required.

Comments: the required document on the availability of property is not mandatory and is not included in the list of the Labor Code of the Russian Federation. Such a document does not play any role in employment. Presenting it is not mandatory. It's not even on the extra list. In general, lack of registration cannot serve as a basis for refusal to hire. A passport is sufficient to confirm registration.

Let's summarize. Hiring a part-time job is a special process that requires the right approach to collecting documents. The Labor Code of the Russian Federation specifies a list of documentation required for employment, both external and internal part-time.

Differences in employment for newly hired and existing employees of the company

For newly hired workers

The procedure for applying for a part-time position for newly hired, dismissed or transferred employees is established in the Labor Code of the Russian Federation. In this case, the citizen of the Russian Federation performs the following actions:

• gives HR officers an identity card and its photocopies, training documents, etc.;
• submits a certificate from the company to the personnel department - from the main workplace (for example, when working in a company in which it is harmful to work, when driving a car, etc.).

For workers in the company

In order to become an internal part-time worker, the worker does not have to provide HR officers with photocopies of his passport and training diploma, because the HR department already has such information.

However, an internal part-time worker provides other documents to personnel officers in the case where the 2nd position implies a different profession.