19.09.2019
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5 minutes.
The legislation provides for several types of employment with mandatory documentation. An example is a part-time employment contract that regulates the relationship between the parties in this format. We are talking about additional employment when activities are carried out in addition to the main job. It can be external or internal. In the first case, the citizen gets a job with a third-party employer. In the second, he receives an additional position in his organization, but works on it in his free time. This format differs from a combination, in which work is carried out in parallel with the performance of main responsibilities.
Legal regulation of part-time work
The main normative act regulating relations between employers and citizens is the Labor Code of the Russian Federation. The part-time contract is drawn up taking into account the provisions of Chapter 44 of the said act. Citizens working in several positions are provided with a number of guarantees:
- limited employment time;
- leave regardless of the amount of time worked, when a citizen is given leave at the place of primary employment (Article 286 of the Labor Code of the Russian Federation);
- compensation provided for in collective agreements and other regulatory acts is retained (Article 287 of the Labor Code of the Russian Federation).
Working hours cannot exceed 4 hours a day (Article 284 of the Labor Code of the Russian Federation). If the duties relate to shift work, then the person has the right to serve no more than 50% of the shifts per month. The employment contract specifies information about part-time work.
If the agreement is drawn up using a sample part-time employment contract, then a clause should be added to the text. If a citizen is released from duties at his main job, he has the right to work 8 hours in a part-time position.
A part-time contract cannot be drawn up with the following categories of employees:
- employees of the Ministry of Internal Affairs (Article 34 of Law No. 342-FZ of November 30, 2011);
- lawyers (Article 2 of Law No. 63-FZ of May 31, 2002);
- minors (Article 282 of the Labor Code of the Russian Federation);
- people employed in industries with harmful or dangerous conditions (Article 282 of the Labor Code of the Russian Federation);
- prosecutors (Article 17 of Law No. 79-FZ of July 27, 2004);
- other citizens, if provided for in legislative acts.
The form of work under consideration should be distinguished from combination work. If a part-time employment contract is concluded, then the citizen must perform certain duties when he is not employed in his main position.
Combination does not require drawing up a separate agreement; the work is performed at the same place. At the same time, the duration of labor does not increase.
Sample part-time employment contract
As follows from the above, a contract with a part-time worker differs little in form from a standard contract with an employee. The specifics of such work must be indicated in it, but they relate mainly to technical details - working time and rest, as well as wages. Therefore, a sample part-time employment contract for 2021 can be made from any standard contract with employees of your company.
But for convenience, the editors of the St. Petersburg Legal Portal provide here an already prepared standard sample of a part-time employment contract.
Types of part-time jobs
This work is divided depending on what organization the citizen plans to work for.
Internal part-time job
A citizen works in a certain position for a specified amount of time. After this, he engages in other paid activities in the same organization. For example, an employment contract is concluded with a technician who, in her free time, will keep records of work clothes and detergents as a storekeeper.
Performing duties for several positions during the day is considered a combination and does not require a separate contract.
External part-time job
In most cases, a citizen gets a job with a third-party company. An employment contract with an external part-time worker does not entail an entry in the work book, since the document is located in the personnel department of another organization.
Accounting Features
An external part-time worker works at the enterprise in a single position during working hours, free from performing duties at the main job. This category of employees is assigned its own details - the number under which it appears in the time sheet. There, the part-time worker’s working hours are written down on one line. It will be noticeably less than that of employees for whom this organization is the main place of work.
An internal part-time worker can be considered as an employee employed in a given organization in two positions at the same time. Therefore, two lines should be allocated for him in the working time sheet. At the same time, as a part-time worker, he can have as a requisite the same number that was assigned to him at his main workplace, as well as a different one from it. In the first case, its time is taken into account in one place, an additional line is placed under the main one. In the second case, his indicators are reflected in two different places, in each of which he appears under a different number.
Part-time worker's time sheet
A part-time worker’s time sheet is a document that records the time actually worked under this form of employment.
The working time sheet is presented in two standard forms:
- Form T-12 is a time sheet that takes into account working hours and also calculates the amount of wages; in the future, this article will be about it.
- Form T-13 is a report card, which takes into account only the hours worked by the part-time worker.
Both of these forms were approved by the State Statistics Committee of the Russian Federation.
Along with them, each enterprise has the right to create its own forms for these purposes.
Below is Form T-13, which records the working hours of an internal part-time worker.
Transfer to part-time
Part-time work is time that is less than the normal duration accepted for the working week. If part-time, transfer to this position means that the employee will work not 4 hours a day, but only 2 or 1 hour.
Such a change in the labor relations of the parties is permitted, but must be introduced by agreement. The transfer is required to be approved by both the employer and employee. Following this, the manager is allowed to issue an order of appropriate content, which establishes part-time employment. In this case, the part-time worker must be familiarized with this order against signature after its release. In the future, in the working time sheet, his accounting for the part-time worker is carried out according to the time he spent on performing his duties.
Working hours of part-time workers on the pre-holiday day
Working hours for all categories of employees on the day preceding a holiday are reduced by one hour. The corresponding norm is contained in Article 95 Part 1 of the Labor Code. At the same time, this legislative act does not contain specific provisions relating to working hours on the pre-holiday day of part-time workers.
A more general rule states that all guarantees provided to employees apply to all employers and to all employees. This implies that part-time workers have the right to a reduction in working hours on a pre-holiday day in the same way as other employees in the amount of one hour.
Difference from combining positions
Many organizations have positions for which they do not need to hire full-time people. In such cases, a person is hired on a part-time basis, or a current employee of the organization is assigned to combine responsibilities.
At first glance, you might think that part-time and combination are the same thing, but these two concepts are significantly different from each other.
Part-time work is a type of labor relationship in which an employee fulfills his work obligations in his free time from his main job. With such an employee, the employer signs a separate TD, which notes the condition of part-time work.
Part-time work can be both internal and external. With internal, the main work and labor functions are performed by one employer, and with external, labor relations are built with different ones.
When combined, the employee simultaneously performs both the main job and the additional duties assigned to him.
Important! The combination can only be internal, since when performing additional work the employee should not be distracted from the main one.
Maximum working time
The legislation reflects that working time for the group of employees in question cannot be more than four hours. In addition, it is stipulated that for some types of work that are associated with the difficulty of issuing a standard form regarding work of no more than 4 hours per week, it is permissible to use the option with summarized accounting of working time. The main condition is the consent of the trade union.
It is also stated that during a monthly period a part-time worker cannot work more than half of the established standard for 30 days. The introduced restrictions are subject to cancellation if the citizen is released from his duties at his main place of work. In addition, restrictions are lifted in a situation where a person, on his own initiative, terminates his relationship with the company.
This indicates that each week for a part-time worker the working period cannot be more than twenty hours. It is understood that the norm is set at four hours per day. It must not be exceeded. It is also worth remembering about companies whose work schedule does not allow for standardized work. Then it is permissible to set the working day to more than 4 hours.
In this situation, the condition that must be complied with is that one must work no more than twenty hours per week. This applies to those who work part-time. Here the provisions on cumulative time recording do not apply.
Subject of the agreement
1.1. Under this employment contract, the Employee undertakes to fulfill the duties of his profession/position [indicate work by position in accordance with the staffing table, profession, specialty indicating qualifications; specific type of work entrusted to the employee] at [place of work, and in the case where the employee is hired to work in a branch, representative office or other separate structural unit of the organization located in another locality, the place of work indicating the separate structural unit and its location], and The Employer undertakes to provide the Employee with the necessary working conditions provided for by labor legislation, as well as timely and full payment of wages.
1.2. The employee is hired on a part-time basis.
1.3. The employment contract is concluded for an indefinite period.
1.4. The employee must begin work on [day, month, year].
1.5. Working conditions in the workplace in terms of the degree of harmfulness and (or) danger are [optimal (class 1)/permissible (class 2)/harmful (specify the class and subclass of harmfulness)/hazardous (class 4)].
1.6. The probationary period for hiring is [specify the period]./The employee is hired without a probationary period.
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Salary
Now let's look at this important issue. Typically, a part-time employee is paid in proportion to his time worked.
For the performance of his work duties, a person working part-time is given a salary in a certain amount for each month.
Salaries are paid to the employee on a semi-monthly basis on certain dates of the month or once a month.
According to the Labor Code of the Russian Federation, persons who work part-time are provided with all existing compensations and guarantees that are provided for in the country’s labor legislation, a collective agreement or agreement, and various local regulations.
Here, the only exceptions are compensation and guarantees that are provided to workers who combine this work with obtaining a certain education, as well as people working in the Far North and similar areas. Such compensation and guarantees are provided to persons only at their main (priority) place of work.
