Sample employment contract for part-time work 2021

A part-time employment contract 2021 is one of the types of contracts with an employee. A part-time worker is an employee who has another (main) job, but who is ready to perform additional work responsibilities - in the same or another organization.

There are two types of part-time work:

external - when a person has a second job in another company;
internal - when a person works in the same company, combining several positions.

Issues of part-time work are regulated by Chapter 44 of the Labor Code of the Russian Federation.

What is part-time work

The Labor Code of the Russian Federation considers part-time work as an employee performing other regular paid work under the terms of an employment contract in his free time from his main job (Article 282). In this case, combination happens:

internal - when an employee is employed by one employer both at his main place of work and part-time;
external - the employee works at his main place of work and for another employer.

Rights and responsibilities of an employee

2.1. The employee has the right to:

— conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

- providing him with work stipulated by the employment contract;

— a workplace that meets state regulatory requirements for labor protection and the conditions provided for by the collective agreement [if any];

— timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

— rest provided by the establishment of normal working hours, reduced working hours for certain professions and categories of workers, the provision of weekly days off, non-working holidays, paid annual leave;

— complete reliable information about working conditions and labor protection requirements in the workplace;

— training and additional professional education in the manner established by the Labor Code of the Russian Federation and other federal laws;

— association, including the right to create trade unions and join them to protect their labor rights, freedoms and legitimate interests;

— participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws, if any, and by the collective agreement;

— conducting collective negotiations and concluding collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement and agreements;

— protection of one’s labor rights, freedoms and legitimate interests by all means not prohibited by law;

— resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code of the Russian Federation and other federal laws;

- compensation for harm caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code of the Russian Federation and other federal laws;

— compulsory social insurance in cases provided for by federal laws;

— [other rights provided for by the current Labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations].

2.2. The employee is obliged:

— conscientiously fulfill his labor duties assigned to him by the employment contract;

— comply with internal labor regulations;

— maintain labor discipline;

— comply with established labor standards;

— comply with labor protection and occupational safety requirements;

— take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;

— immediately inform the Employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the Employer’s property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property);

— [other duties provided for by the current Labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations].

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How to get a part-time job

Both external and internal part-time jobs are formalized with a separate employment contract and employment order. These documents must clearly state the work schedule of such an employee.

When hiring a part-time job, the employee must be asked for the same documents as for hiring the main job, except for the work book (Article 283 of the Labor Code of the Russian Federation).

It is not necessary to write an application for admission to a part-time student . But at the request of the employer, it can be attached to the main documents.

Sometimes other documents may also be required from the part-time worker. In particular:

a certificate stating that his main work is not hard (harmful or dangerous) if he is hired for hard work or work with harmful (dangerous) working conditions (Article 282 of the Labor Code of the Russian Federation);
a certificate stating that he does not work at his main place of work as a driver if he is hired for the same position (Article 329 of the Labor Code of the Russian Federation);
permission for part-time work received from the general meeting of participants of the organization (board of directors) where he works at his main place of work - if the head of another organization is hired (Article 276 of the Labor Code of the Russian Federation).

Part-time work may not be included . does not prohibit this : if the employee wishes, the employer must make an entry in the work book.

An external part-time worker is registered by the employer at the main place of work on the basis of an order for employment as a part-time worker (Article 66 of the Labor Code of the Russian Federation).

But it is mandatory . Moreover, even if the employee wrote an application to retain a paper work record book.

Labor Code of the Russian Federation on part-time work

If an employee has free time, within which he can perform additional duties, it is possible to conclude another contract with him - one that provides for part-time work. In accordance with Art. 60.1 of the Labor Code of the Russian Federation, such part-time work is recognized as internal if both job functions are performed by one employer.

The latter is worth paying special attention to, since it is necessary to distinguish internal part-time work from combining positions, the procedure for which is provided for in Art. 60.2 Labor Code of the Russian Federation. Combining positions involves either increasing the employee’s responsibilities for his main job (for example, when expanding the scope of the organization’s activities), or temporary work in another profession in order to replace an absent employee. In case of part-time work, the employee is registered for permanent employment in another position.

It is also necessary to emphasize that when combined, according to Art. 60.2 of the Labor Code of the Russian Federation, all that is required is the employee’s consent to increase his duties for an additional fee. In case of part-time work, it is necessary to conclude a separate agreement with the employee, drawn up taking into account the requirements of Chapter. 44 Labor Code of the Russian Federation.

Features of hiring a part-time worker

The advantage of hiring an internal part-time worker is the simplified procedure for registering labor relations with him. We are talking about the requirements of Art. 65, 66, 70 Labor Code of the Russian Federation. So, for example, in pursuance of Art. 65 of the Labor Code of the Russian Federation, the employee does not need to submit again the package of documents required for employment, since all the employee’s data is already available in the organization.

A similar procedure applies to the work book, which also already exists in the company. By virtue of clause 3.1 of the instructions for filling out work books, approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69, an entry in the work book about part-time work is made only at the request of the employee. Probation period, according to Art. 70 of the Labor Code of the Russian Federation, for an internal part-time worker it is also often an unnecessary measure, since the management of the enterprise must be aware of the business and labor qualities of an employee already working in the organization.

Restrictions on part-time work

The Labor Code of the Russian Federation identifies a number of categories of citizens who cannot be hired on a part-time basis. These include:

persons under the age of 18 (Article 282 of the Labor Code of the Russian Federation);
persons hired to work in hazardous industries, if the main work also takes place in hazardous conditions (Article 282 of the Labor Code of the Russian Federation);
drivers or employees whose activities directly affect the movement of transport (Article 329 of the Labor Code of the Russian Federation).

We should also not forget that some employees, due to the specifics of their job duties, are prohibited from performing other work. For example, such a prohibition is established in relation to:

judges (by virtue of paragraph 3 of Article 3 of the Law “On the Status ..." of June 26, 1992 No. 3123-I);
lawyers (by virtue of paragraph 1 of Article 2 of the Law “On Advocacy ..." dated May 31, 2002 No. 63-FZ);
military personnel (according to clause 7, article 10 of the law “On the status of...” dated 05.27.1998 No. 76-FZ) and law enforcement officers (according to clause 4 of article 34 of the law “On service...” dated November 30, 2011 No. 342-FZ ).

Features of an employment contract with a part-time worker

An employment contract for part-time work must necessarily include all the conditions provided for by labor legislation.

Among the main features of a part-time employment contract are the following:

The law does not prohibit part-time employment in the same position as the main place of work.
The employer must set part-time .
The contract must state that the employee is a part- time worker (it is not necessary to indicate what kind of part-time worker he is - internal or external) (Part 4 of Article 282 of the Labor Code of the Russian Federation).
A part-time employment contract can be fixed-term if both parties agree to this (the period for which the contract is concluded must be specified).
The contract may provide for a probationary period (if the employer wishes).
A separate paragraph must include information about the remuneration of a part-time worker.
The employer does not have the right to stipulate in the contract that the employee cannot work in other organizations. Indeed, in accordance with the law, the number of employers cannot be limited. And the contract should not indicate conditions that worsen the employee’s situation.

How to register an employee?

An external part-time worker is predominantly registered for a shortened working day on a permanent basis , that is, indefinitely. But when it comes to replacement, for example, for the period of absence and maternity leave of an employee, external part-time workers can be accepted. They are accepted on a temporary basis - until the woman returns from maternity leave. In this case, a fixed-term contract is concluded for a limited period, commensurate with the period of maternity leave and child care, in accordance with Art. 58 Labor Code of the Russian Federation. The specifics of drawing up a fixed-term contract with a replacement employee are written here, and here you will learn about drawing up a fixed-term contract with a pensioner.

Drawing up a fixed-term contract without objective circumstances at the initiative of the employer is an administrative violation. But it is preferable to conclude legally fixed-term contracts for employers with an external part-time worker in order to terminate the contract at any time if the part-time worker does not comply with the regulations on functional duties.

This can be done with the consent of the employee if he indicates the conditions of temporary employment in the application submitted to the employer. The conclusion of an agreement for a period of one year is regulated by the norms of paragraph. 11, part 2, art. 59 Labor Code of the Russian Federation.

To conclude a contract, a package of documentation is required from an external part-time worker.:

passport;
certificate from the place of main work;
a copy of the work book;
document on education, qualifications;
TIN and SNILS;
medical record (if necessary).

Copies of work records, diplomas, etc. must be notarized or presented to the employer along with the originals for identification at the place of work.

We wrote about what documents are needed to apply for a job in a separate article.

Part-time work schedule in the employment contract

When hiring an employee, the employer is obliged to inform him about the work schedule, since the employee must know what days are his days off. Therefore, if an employee has the opportunity to work full-time for some days, it is advisable to immediately inform the employer about this and stipulate this in the employment contract. However, if the employee learned about this possibility after signing the employment contract, it can be supplemented by drawing up an annex to it indicating a new work schedule - more convenient for the employee.

There are restrictions on working hours during which a part-time employee must perform his or her job duties. In general, this is no more than 4 hours a day . However, there are no minimum restrictions . That is, a part-time worker may well work only 1 hour or two a day.

Due to restrictions on working hours, special attention paid to drawing up a work schedule for a part-time employee.

EXAMPLE
When hiring employee Alexander Pavlovich Grigoriev, he will have a 5-day working week. That is, he will work for 5 days and rest for 2 days. If the accounting period is 1 week, then Alexander Pavlovich’s working hours should be no more than 20 hours per week. However, it is not at all necessary for Alexander Pavlovich to work exclusively 4 hours a day. He can work one day for 8 hours (for example, on Monday, because on that day he has a day off from his main place of work), and another - 2 hours. That is, it is not necessary for a part-time worker to work the same number of hours every day. But it is important that during the established accounting period the part-time worker does not exceed half the standard working time (Part 2 of Article 57, Part 1 of Article 284 of the Labor Code of the Russian Federation).

If a person works part-time in several different companies, his employers are not obliged to adjust his work schedule to each other. individually at each workplace .

in detail in the contract if it does not coincide with that established for the majority of the organization’s employees.

If the work schedule for part-time employees is specified in the labor regulations, then it does not need to be specified - it is enough to make a reference to them (part 2 of article 57, part 1 of article 100, part 4 of article 189 of the Labor Code of the Russian Federation ).

A break for rest and food is considered optional for part-time workers if their working day is less than 4 hours . But if a part-time worker sometimes works full time, when he is free from his main job, a break is necessary: it should be from 30 minutes to 2 hours a day (Part 1 of Article 108, Article 284 of the Labor Code of the Russian Federation).

also important to include in the employment contract with a part-time employee a provision for annual paid leave . In this case, the employer must take into account the requirements of Art. 286 of the Labor Code: in particular, that the vacation of a part-time worker must coincide with the vacation at his main place of work.

Do I need to enter into a new TD?

Combining positions does not require the conclusion of a new contract. It provides that instead of drawing up a TD, an agreement of the parties is concluded here, which does not have independent legal force.

The existing contract is the main document, and the newly drawn up agreement acts as an annex to the main employment contract, which was previously drawn up by the parties.

How to draw up a part-time employment contract is written here.

Drawing up an additional agreement

The document begins with the name and details of the agreement to which it is attached. Must be indicated:

date and place of imprisonment;
parties to the agreement.

It is stated here that from a certain point the employee performs additional duties provided:

with additional payment;
without exceeding working time standards.

The document can use the wording: “expansion of the service area (sphere)” if the agreement provides for additional service of the number:

company clients;
patients in areas or wards;
students or pupils;
readers, passengers, buyers, etc.

The agreement can be concluded on a permanent or temporary basis, indicating the timing of the combination , if the part-time job appeared for a limited period, or indicating the reason for the combination, which will be the reason for the termination of the additional activity.

For example, if a colleague:

went on maternity leave;
went on a business trip or internship;
issued sick leave for a long time, etc.

In this case, information about the timing will be expressed by the date of origin and termination of the employment relationship. Or an approximate wording: “during A.A. Ivanova’s maternity leave.”

If a permanent vacancy has become available for which a person is applying for a combination of positions, then the agreement is drawn up without specifying a deadline. In this case, it will be valid until the terms of the agreement are terminated bilaterally or unilaterally (what conditions should be contained in the employment contract is written here).

The validity period of the document or its indefinite (permanent) nature is indicated in the introductory part of the document . If this information is not included, then the agreement is legally binding:

until the TD is terminated;
before the main rate is reduced;
until the part-time worker is dismissed from his main position.

The body of the document contains the following essential provisions in free form:

list of functional responsibilities for an additional position;
nature of work;
amount of additional payment for combining positions.

The details and personal data of the parties must be entered:

Company name.
Type of ownership.
Her details.
Who does the company represent?
Full name of the employee and employer.
Positions of manager and employee.
Division and position to be combined.

The wording of the main part may be something like this: “Submit to the senior cashier of the customer service department A.A. Vasiliev. combining the position of a sales consultant in the customer service department, with an additional payment to the basic salary of 30% of the base salary of a senior cashier, which is 8,965 (eight thousand nine hundred sixty-five) rubles.”

When drawing up an order, it is advisable to use similar wording.

Important! When combining positions, the employee must have the necessary competencies and, if necessary, the appropriate education.

Rights and responsibilities of an employee

The surcharge is calculated monthly and added to the basic salary , which is paid twice a month. It is calculated from the salary specified in the employment contract in a proportional percentage. Can be set at a fixed amount.

Labor leave is not provided. Vacation days are provided on the same basis as without combination, in an amount commensurate with the main position. However, an increase in monthly payments affects the amount of vacation benefits, which is calculated from average earnings.

The duration of working hours corresponds to the employment contract for the main position. However, the employer has the right to demand proper fulfillment of both basic and additional obligations, which allows for an increase in working hours.

Who cannot be hired for part-time work?

The Labor Code provides for restrictions on part-time work (Articles 282, 329 and 276 of the Labor Code of the Russian Federation).

Thus, the following cannot be hired as part-time workers:

minors (under 18 years of age);
state and municipal employees;
persons at work with harmful (dangerous) working conditions - if they already work under the same conditions at their main place of work;
persons in work directly related to driving vehicles or controlling the movement of vehicles - if they are already working under similar conditions at their main place of work;
military personnel (exceptions: teaching, scientific and creative activities, if they do not interfere with the performance of military duties);
security guards - in relation to public service and paid work in public associations;
judges, lawyers, prosecutors (exceptions: teaching, scientific and creative activities);
heads of organizations (without permission for part-time work received from the general meeting of participants of the organization/board of directors where they work at their main place of work).

What should a part-time employment contract be like: an example

Many people are interested in whether it is possible to download a ready-made part-time agreement (sample), change the details of the part-time partner and employer in it, and print it out? Theoretically, yes, this is quite possible. However, no sample part-time employment contract can provide for all the nuances of employment that are important for each specific employer and employee. Therefore, before using a ready-made sample contract, you need to carefully re-read it and pay attention to all the features of employment.

The greatest attention should be paid to information about the work schedule , if the part-time worker has it different from the one established for the majority of the organization's employees. You also need to double-check that the contract indicates that the employee is a part-time worker.

According to the standard, an employment contract with a part-time worker is concluded in 2 copies, each of which must be signed by the employer and employee. On the employer's copy, the employee must sign that he has received his copy of the employment contract.

The standard form of such an agreement is suitable for micro-enterprises and if the employer has completely or partially refused to accept local regulations.

Next, from our website you can download a free employment contract (sample 2021) for an external part-time worker:

SAMPLE EMPLOYMENT AGREEMENT ON EXTERNAL PARTNERSHIP

Below you can download an agreement for an internal part-time worker (sample 2020):

SAMPLE EMPLOYMENT AGREEMENT ON INTERNAL PARTNERSHIP

And here is the employment contract with the part-time director (sample 2020):

SAMPLE EMPLOYMENT AGREEMENT WITH A PART-TIME DIRECTOR

Rights and obligations of the employer

3.1. The employer has the right:

— conclude, amend and terminate an employment contract with the Employee in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws;

— conduct collective negotiations and conclude collective agreements;

— encourage the Employee for conscientious, effective work;

— require the Employee to fulfill his job duties and take care of the property of the Employer (including the property of third parties owned by the Employer, if the Employer is responsible for the safety of this property) and other employees, and compliance with internal labor regulations;

— bring the Employee to disciplinary and financial liability in the manner established by the Labor Code of the Russian Federation and other federal laws;

— adopt local regulations;

- create associations of employers for the purpose of representing and protecting their interests and join them;

— create a works council;

— [other rights provided for by the current Labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations].

3.2. The employer is obliged:

— comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the employment contract, agreements, collective agreement [if any];

— provide the Employee with work stipulated by the employment contract;

— ensure safety and working conditions that comply with state regulatory requirements for labor protection;

— provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

— provide the Employee with equal pay for work of equal value;

— pay the full amount of wages due to the Employee within the terms established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], internal labor regulations, and the employment contract;

— conduct collective negotiations, as well as conclude a collective agreement in the manner established by the Labor Code of the Russian Federation;

— provide employee representatives with complete and reliable information necessary for concluding a collective agreement, agreement and monitoring their implementation;

— familiarize the Employee, against signature, with the adopted local regulations directly related to his work activity;

— timely comply with the instructions of the federal executive body authorized to exercise federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, other federal executive bodies exercising state control (supervision) in the established field of activity, pay fines, imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

— consider the submissions of the relevant trade union bodies, other representatives elected by employees about identified violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report on the measures taken to the specified bodies and representatives;

— create conditions that ensure the Employee’s participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any];

— provide for the Employee’s everyday needs related to the performance of his job duties;

— carry out compulsory social insurance of the Employee in the manner established by federal laws;

— to compensate for damage caused to the Employee in connection with the performance of his labor duties, as well as to compensate for moral damage in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation;

— [other duties provided for by the current Labor legislation and other regulatory legal acts containing labor law norms, collective agreement, local regulations].

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Termination of an employment contract with a part-time worker

The procedure for dismissing part-time workers is generally similar to the procedure for dismissing employees who are employed under the main employment contract. But there are also some peculiarities.

The following stages of dismissal of a part-time employee can be distinguished:

Upon dismissal as a result of staff reduction or the hiring of an employee for this position, for whom this work will be the main one, the part-time employee is sent a notice of termination of the employment contract. When dismissing an employee at his own request, there is no need (the basis will be a resignation letter from the employee).
The employer issues a dismissal order.
The notice of dismissal is entered into the personal card of the part-time employee.
At the request of the part-time worker, a record of dismissal is made in his work book.

The legislation does not establish the employer’s obligation to make a record of employment as an external or internal part-time worker in the work book (clause 20 of the Rules for maintaining and storing work books, producing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225) . Therefore, information about part-time work (hiring and dismissal) is entered into the work book solely at the request of the employee. At the same time, they make a clarification that we are talking specifically about part-time work.

The dismissal stages are identical for internal and external part-time workers. The only difference is in the procedure for making an entry about employment and dismissal in the employee’s work book. Difficulties in this case may arise for an external part-time worker, because his work book is kept by the employer at his main place of work. Therefore, a record of employment and dismissal can be made by the employer at the main place of work. To do this, the employee must contact him with a request (preferably in writing ) and provide an order for dismissal from his second job.

Terms of payment

One of the mandatory clauses of the contract is the salary and the specifics of its calculation. Usually this is either a calculation for hours worked or a piecework form, when earnings are paid in proportion to the result. All this is directly contained in the document, regardless of whether there is an external or internal part-time format.

The main condition is that the calculation procedure does not differ from the form of accrual for other employees of the organization. No discrimination is allowed. This takes into account that the part-time worker will actually work fewer hours or volume than other employees, which is why his final earnings will be lower. Compensation for vacation and sick leave does not differ from benefits for key personnel.

Notice of termination of the contract with a part-time partner

The form of notification of termination of an employment contract with a part-time worker is arbitrary (there is no normative one). It is sent to the employee at least 2 weeks before dismissal.

The notification must indicate:

FULL NAME. and part-time position;
notice of dismissal;
date.

Further on the link you can see notifications of termination of the contract (dismissal) with a part-time worker:

NOTICE OF TERMINATION OF AN EMPLOYMENT AGREEMENT WITH A PART-TIME WORKER

Results

Each employee has the right to work part-time. Such work is formalized in the same way as the main one - with an employment contract.

The contract must clearly state that it is concluded with a part-time partner.

Russian labor legislation provides for a number of features regarding the registration of employment of a part-time worker, which must be formalized in the employment contract. For the most part, these features relate to technical details - working time and rest, work schedule, and wages.

Let's sum it up

An employment contract for internal part-time work is a document that:

is concluded between the employee and his current employer;
must be drawn up;
supplemented by an application for part-time work;
contains an indication that the work is performed part-time;
contains an indication that the work lasts no more than 4 days (no more than half a month’s time for other employees of the corresponding category);
contains an indication that the part-time worker’s leave is given together with the main one (at his own expense - for the difference in days of leave for the main and second job);
contains an indication of the possibility of termination upon the return of a temporarily absent employee to the position held by a part-time employee.

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