Features of applying for part-time employment and a sample application

When performing work duties outside of working hours, the employer may ask the employee to draw up an application for part-time work. A similar document is drawn up in the case when an employee gets a job with another employer, having a permanent place of work. Registration of a part-time employee has its own characteristics, which are reflected in the Labor Code of the Russian Federation.

The document is very similar to a job application. But it has its own characteristics, which we will talk about.

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Application for part-time work

Basic Concepts

Part-time work is additional regular paid work that is performed in your free time from your main one. Any person can do part-time work, regardless of how many such jobs he or she has. One-time additional work is not part-time work.

Signs of external part-time work – a person of his own free will enters into an employment contract with any third-party organization (not at his main place of work). In practice, this type of part-time job is more common.

Internal part-time work involves performing any additional work (under an employment contract) in the same organization where one works, but in a different specialty or in a different full-time position.

Attention! The benefit here is mutual - the employee receives additional income and at the same time does not need to adapt to an unfamiliar team, and the employer is satisfied with the high-quality performance of both tasks.

According to Art. 282 of the Labor Code of the Russian Federation the following persons cannot be part-time workers:

• who have not yet turned 18 years old (we talked about the peculiarities of employing minors here);
• who drive vehicles;
• municipal and government employees;
• whose work involves hazardous conditions similar to their main job.

What form should I use to write consent?

When verbal consensus is reached, an agreement to perform additional work is drawn up, a sample of which includes the following information:

1. Type of new responsibilities with a list of job responsibilities or a reference to the corresponding job description.
2. Time frame.
3. Amount of surcharge.
4. Other essential conditions.

Here is a sample filled out in accordance with the specified algorithm:

Step-by-step instructions for the registration procedure

The employment of part-time workers is carried out in the same way as the hiring of main employees; in the same way, it is necessary to conclude an employment contract. The set of documents required for employment will vary slightly (depending on the type). Such employees have the right to annual paid leave and enjoy all other rights and benefits, including wages they also receive twice a month (Article 136 of the Labor Code of the Russian Federation). The consent of the main employer for part-time work is not required.

If an external part-time worker is accepted

What documents must be presented when applying for an external part-time job?

These are: a general passport (or any document that can be used to prove your identity), a document on education (a certified copy is possible), a certificate of assignment of a Taxpayer Identification Number (TIN), SNILS, a military ID, a certificate from the main employer indicating working conditions (whether they are harmful or not) ).

The admission procedure consists of the following points:

• Submission of documents and applications.
• Familiarization with the regulations of the enterprise.
• Conclusion of an employment contract.
• Preparation of the order.

Next, we will consider in more detail all the main stages.

1. Application for part-time employment - it is written in any form, but it must contain personal data (full name, address, education).
   The name of the organization where the future employee is being registered, as well as the full name of the manager, is written in the header. The text is a request to be hired part-time, then you need to write down the position and indicate the release date. After this, as usual, a signature and date are placed. For an external part-time worker, it will be necessary to attach the necessary documents to the application (Article 65 of the Labor Code of the Russian Federation).
2. Form of employment contract for part-time work – it can be urgent or indefinite. Such an agreement is essentially similar to the one concluded with the main employee, but has some nuances:
   The contract states that it is concluded with a part-time worker.
3. Working hours are limited (it should not exceed 4 hours a day).
4. The remuneration system is exactly the same as for other employees (adjustment only for the amount of working time).

An example of a part-time job entry:

Internal alignment

To register an internal combination, there is no need to submit all the documents, since the employer already has them; the only thing that may be required is confirmation of qualifications (if the position requires it).

1. The application must be written in free form - please accept the position. The date is written down - from what moment the person will start working and it is necessary to indicate that it is part-time.
2. Employment contract - a separate contract is concluded (Article 282 of the Labor Code of the Russian Federation), which clearly states the regime and working conditions of this part-time worker (no more than 4 hours a day). It can also be indefinite or fixed-term.
3. an entry in the work book (Article 66 of the Labor Code of the Russian Federation). But if an employee wants an entry to be included in his work book, he needs to write a corresponding application to the HR department (about making an entry). It is produced exactly according to the same principle as the rest of the information (on the main job), but it is necessary to write in section 3 that the employment takes place part-time.

How to compose correctly

The employer's consent (permission) to work part-time is drawn up in any form. What to include in the document:

• organization details;
• the recipient of the permit - according to the information about the place of additional employment provided by the employee;
• in the main part, write about your consent to combine and your full name. employee, his position;
• enter the date, full name. manager;
• sign the permission from the manager and register.

How to transfer an external employee to permanent staff?

Attention! Sometimes, after a successful part-time experience, a person decides to change his main place of work, that is, from an external part-time worker to become a permanent main employee.

This can be done in various ways:

1. Dismissal - with this option, the employment contract (part-time worker) is first terminated: at one’s own request or by agreement. In this case, all required payments and compensations are made without fail (Article 140 of the Labor Code of the Russian Federation). After this, you can register on a permanent basis (by checking the record of dismissal from your main place of work in your work book).
2. Transfer – you can come to an agreement with the employer (your part-time worker) at your main place of work and, through a transfer, secure his employment. An order is also issued to transfer the employee from a part-time job to a permanent one. But this option is very rarely used, as it is considered the least convenient for the employer.
3. Additional agreement - you can draw it up as an addition to the employment contract concluded earlier.
   The agreement specifies information that this employee becomes permanent (not a part-time worker), and appropriate changes are also made (wages, working hours, daily routine, etc.). In this case, the employee will also need to provide additional documents - a work book (with a record of dismissal) and a 2-NDFL certificate. It is important to indicate the date of entry into force of the agreement - it is considered the beginning of work in a new capacity, that is, now this place of work has become the main one.

What happens if a part-time worker is hired without the written consent of the main employer?

Among the documents provided when applying for a job, there is no permission from the main place (Article 283 of the Labor Code of the Russian Federation). In most cases, employees do not have to inform their employer that they will be working part-time. We have listed cases when it is necessary to obtain written consent from the main employer. Violation of the law when hiring persons subject to prohibitions or restrictions on such work will lead to penalties:

• from 1000 to 5000 rubles - for officials of the employer and individual entrepreneurs;
• from 30,000 to 50,000 rubles - for organizations.

Or dismissal:

• municipal employee - Art. 19 clause 3 of Law No. 25-F3;
• civil servant - Art. 68 79-FZ.

Is there a probationary period?

The management of the organization can assign a probationary period for an external part-time worker to check his professional qualities (Article 70 of the Labor Code of the Russian Federation).

Reference! The duration of this period is established by management (prescribed in the employment contract), but if the part-time job is signed for a period not exceeding two months, then the probationary period is illegal.

We invite you to read articles by our experts on the nuances of hiring people with disabilities, pregnant women, foreigners and temporary employees.

Design features

Sometimes even HR specialists encounter difficulties with such registration. It depends on how exactly the employee’s job responsibilities will change in the future.

This can happen in different ways:

1. An employee combines several positions or professions.

In this case, additional responsibilities are performed in parallel with the main ones. According to Article 151, an additional payment is required for this, the amount of which is not fixed by law, but is established through an agreement between the parties.

Assignment of responsibilities for another profession (position) occurs with the written consent of the employee, which establishes the period, essence of the work and its volume.

Let’s say an employee is listed as an accountant under an employment contract. There is a vacant part-time position for a part-time economist. He is offered to take on these responsibilities, for which additional payment will be charged.

There are many options for combining specialties. Let's say a loader and storekeeper, a secretary and a personnel inspector. All you need is the desire of the performer and a vacant position on the staff, which arose, for example, due to the dismissal of one of the employees.

The Contractor is not obliged to accept such an offer. He has the right to refuse and continue working under the same conditions.

1. The service area is increasing.
2. The same work is performed, but its volume is larger.
3. The responsibilities of one employee who is temporarily absent are transferred to another.

If additional work requires the safety of valuables, the employee is appointed materially responsible person. An agreement is concluded with him, according to which he undertakes to compensate for the damage caused to the organization through his fault.

Both the employer and the contractor can initiate the termination of the combination. In this case, a corresponding Order is issued releasing the employee from additional official duties ().

Results

External part-time work is a common option through which a specialist gets the opportunity to work in several jobs at once. For a company that hires a candidate on an external part-time basis, it is important to know that hiring such a specialist must be formalized through a separate employment contract. To complete it, the candidate must bring a standard package of documents, with the exception of the work book.

The company can determine the workload of a part-time worker for no more than 4 hours a day. At the same time, his salary and vacation pay must be transferred according to the same rules as for main employees.

The employee must understand that if the 2nd employer finds a replacement specialist who agrees to occupy the position as his main job, the position will have to be left due to the requirements of the Labor Code of the Russian Federation.
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Salary and vacation

Part-time workers are paid according to the same rules as other employees. If a time-based payment system is used, the salary is calculated based on the actual time worked. If a piece-rate system is used, the salary is calculated taking into account the employee’s output.

A part-time worker is subject to all guarantees and compensation provided for by labor legislation and internal documents of the employer. There are only two exceptions :

• guarantees related to combining work and education;
• guarantees for persons working in the Far North.

The specified guarantees are provided to the employee only at the main place of work.

The employer is obliged to provide a part-time worker with leave simultaneously with annual paid leave at the main place of work . Even if the part-time worker worked for less than six months. In this case, leave is granted in advance.

The following situation may arise: for part-time work, a person is entitled to paid leave of less duration than at his main place of work. What should I do? The employee may ask the part-time employer to provide unpaid leave for the remaining days. And the employer is obliged to fulfill this request.

Do I need to write a statement?

Whether a statement is written or not depends on who is the initiator:

• the application is issued if the initiator is the performer. It indicates the position and responsibilities that he is ready to take on, as well as the time period for their implementation;
• if the initiator is the employer, a memo is prepared in which the employee is invited to take on new functions. After this, the performer, if he is ready to take on these responsibilities, declares his consent in writing.

Next, the HR department draws up an additional agreement to the main contract.
This occurs after agreement has been reached between the manager and the subordinate regarding future obligations. Ultimately, a Combination Order is issued, which assigns new responsibilities to the performer.

Dismissal

A part-time worker can be dismissed on the same grounds as other employees. But there is an additional reason - if an employee is hired for whom the part-time job will become the main one. However, if a fixed-term employment contract has been concluded with a part-time worker, then he cannot be fired due to the hiring of a “main” employee.

If a part-time employee is dismissed for the above reason, you must notify him of this in writing 2 weeks before the date of dismissal. Such a notice must contain a reference to Article 288 of the Labor Code of the Russian Federation and an indication of when the employment contract will be terminated. Example text is in the following image:

Sample text of a part-time worker’s notice of upcoming dismissal

The notice is drawn up in two copies - for the employee and the employer.

Then you need to issue a dismissal order , indicating the details of the notification sent as the basis. On the last day of validity of the employment contract, the part-time worker must be familiarized with it by signature. After this, you need to make a note about the dismissal in his personal card.

pay the former employee - pay wages, make all required payments, and also issue documents.