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Published: 08/05/2016
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Additional work activities performed during free time from main duties are defined in labor legislation as part-time work.
In order for such work to become official for the employee, it is necessary to draw up and sign a separate agreement.
An officially employed person receives the rights to all social guarantees and payments provided for by law and local documents in force at the enterprise or organization. At the same time, he does not lose social guarantees at his main workplace.
- Legislation
- In what cases is this allowed?
- Design nuances
- Registration procedure
- Calculation of working hours and payment
Part-time work without a main place of work
Part-time work is additional work, which is documented in a separate employment contract. The employee works either in the main organization or with another employer. The main feature of a part-time worker is that he performs his work duties in his free time from his main job (282 Labor Code of the Russian Federation). For part-time work, a working time limit is set - half of the norm. If for a five-day working week the standard time is 40 hours per week, then for an additional one - no more than 20 (
Part-time work is not combination
Due to the similarity of sound, these concepts are often confused. To distinguish them, it is necessary to highlight the features of combination that combinations do not have, both internal and external:
- Employment with the same employer during working hours.
- Perform additional duties assigned on a temporary or permanent basis.
- The presence in the employment contract of a clause on combining the main position with additional responsibilities or an additional agreement on the assignment of responsibilities for another position.
A part-time worker works outside the main work schedule, a part-time worker works during working hours. It is important to note that part-time work is paid additionally. An entry about the combination is not made in the work book; additional work is assigned to the employee on the basis of an order and an additional agreement to the employment contract. Another common question: where can I get a certificate of combining a position with the main job if there is no entry in the work book of the part-time employee? To do this, he turns to the employer, who, based on the order, provides a certificate.
An employee quits his main job
Dismissal from your main job does not mean that the part-time job will now become the main one, and the contract with the part-time job will become the main contract. In this case, it is possible to change the terms of the contract only if this is the desire of both parties - both the employer and the employee. If both parties agree, it is necessary to register the employee as a main employee. You can do this in one of two ways:
- Terminate the contract with a part-time worker, and then hire him by concluding a new employment agreement;
- Conclude an additional agreement to the current contract.
In our case, it is impossible to register an employee by transfer, since the transfer implies a change in job responsibilities or place of work (72.1 of the Labor Code of the Russian Federation). But in our case, the contracts will differ only in terms of work, and the employee’s place of work and responsibilities remain the same.
Applicable terms
The Labor Code of the Russian Federation does not have specific terms for dismissal for absenteeism.
Disciplinary action can only be taken within a month from the date of absence. You have two days to wait for a response from the employee. You cannot fire a part-time employee while he is on legal leave or sick leave. The order is given only after returning to the workplace. This must be done within three days. A receipt must be taken from the employee.
If the employee does not appear, the document is sent by registered mail with acknowledgment of receipt. An inventory of investments must be made.
Termination of a contract with a part-time partner
Having chosen the first option of registering the main employee, first you need to fire him. In this case, it is necessary to decide by what procedure the dismissal will be carried out: on the initiative of the part-time worker himself or his employer.
When leaving on the initiative of a part-time employee, he will be required to write a statement. It is not necessary to submit it two weeks in advance, since in case of an agreement with the employer, the employee will not have to work and the employer will not have to look for a replacement.
If the initiator is the employer, then the basis in this case will be the hiring of an employee for whom this place of work will be the main one. In this case, a two-week work period will also not be required. In practice, the entire process of transitioning an employee from a part-time job to a full-time job takes only two days. One day is required for dismissing an employee, and the second for hiring.
Based on the applications, personnel officers issue orders, one to terminate the contract with a part-time worker, and the second to hire the main employee.
Important! If a part-time worker had a record of part-time work in his employment record, it is necessary to make a record of dismissal.
Registration procedure
If registration is made through the standard dismissal procedure, the initiative may come from:
- From the employer. He refers to the presence of a person who wants to get a job on a permanent basis, and dismisses the employee engaged in part-time work. In fact, this is the same person, but there is no violation of the law - the procedure is legal.
- From an employee. The employee submits an application for resignation of his own free will.
In both cases, the procedure takes a minimum of time. All dismissal documents are completed on one day. And in the second, a person is hired for a vacant workplace. If there was a record of the employment of a part-time worker in the work book, it is necessary to make a note about his dismissal.
To document orders, unified forms are used: T-8 (dismissal) and T-1 (admission to a vacant position).
If registration is carried out through the preparation of an additional agreement, the employer offers in writing to make these changes, or the employee writes a statement with a request to adjust the existing agreement.
After which an agreement form is prepared (in two copies at once). The document is registered in a special accounting journal designed to record contracts. After signing it, the second copy is handed over to the employee.
Then the manager issues an order in which he orders changes to be made to the staffing table and the procedure for calculating salary for this employee (if the work schedule has changed!).
You can find out the deadline for maternity payments in our material. What to do with sick leave pay if you are on vacation? The link has the information you need. Our interesting material is dedicated to the topic of salary deductions!
Entry in the work book
The entire process of registering a part-time employee as the main employee is not too complicated; difficulties can only arise when filling out the employee's work permit. An entry such as hiring a part-time worker is not always included in the employment record. It all depends on the wishes of the employee himself. If he wants, he can ask his employer to make such an entry. The main right of entry in the book belongs to the employer at the main place of work.
If there is no employment record, then difficulties should not arise. The employer will simply make a new entry regarding the employment of the main employee. If there was an appointment record, then you will need to additionally make a note that the employee was fired, and only then about his hiring. In this case, the basis for dismissal will be the first order, and for employment - the second.
However, there are also situations when a part-time employee is first registered in the labor register, then hired to the main place of work and dismissed from the main place of work. In this case, the employer should remember that the entry of a part-time worker is made only at the request of the employee, and if the chronological order in the entries is not observed, there is nothing wrong with that.
Kinds
There are two types of these relationships:
- internal;
- external.
It is very simple to distinguish between them: if a citizen has a part-time job with his main employer, it is called internal, but if he receives additional income from another company, then it is called external. Both concepts are included in the category of additional paid ones.
If the part-time job is internal, this is not a reason to refuse to issue a second employment contract.
In practice, it is customary to additionally draw up a document to account for additional labor. It will not be difficult to register an employee for work under these conditions.
The employee hid the absence of his main place of work
Unfortunately, in practice there are also situations when, when hiring a part-time employee, the fact that there is no main place of work is hidden. What should the employer do in this case, since the employer does not have the right to demand that you show your employment record when applying for a job. It is also impossible to establish this fact on your own. This is most often done with the goal that the employee is given a part-time working day, for example, I don’t kiss, I’m only half the rate. Of course, without the main place of work, the very fact of part-time work loses its meaning, that is, it should not exist, but despite this it occurs quite often. The employee begins to worry only when he is required to submit a labor document to certain authorities, which must be certified by the main employer. They are required when applying for foreign passports, visas or loans. Since the labor rules stipulate that only the main employer should fill them out. Difficulties also arise when applying for leave, since a part-time worker goes on leave at the same time as the leave granted to him by the main employer.
Illegal moments
The dismissal of a part-time employee for absenteeism is carried out in accordance with certain rules. Otherwise, the employee has the right to appeal the decision and reinstatement. Donors have the right to rest on the day of blood donation and do not need permission from their employer to do so.
If a manager tries to present an absence as absenteeism, then this is illegal. Absence of less than four hours is also not considered absenteeism. The absence may be interrupted (he came, worked for two hours and left again for 3 hours, returned), and in this case there can be no talk of absenteeism. In some cases, a misunderstanding arises when a person is not assigned any place for activity, but he is still on the territory of the enterprise.
Vacation fixed in the schedule does not require special warning from the manager. The dismissal procedure is considered illegal in the absence of evidence of a disciplinary violation.
Employee actions
In this case, there is only one way to solve the problem - inform the employer about everything. The employee will be transferred to the main one, all entries will be entered into the labor record, and, if necessary, he will be given part-time work. In essence, the employee’s work activity will not change, only the fact that the work will become his main job will change. There is also no need to be afraid of dismissal, since if the employer was satisfied with part-time work, in which the employee worked only half of the normal working hours, then most likely he will be satisfied with part-time work (
In what cases is this allowed?
It should be borne in mind that an agreement concluded for part-time work cannot automatically be re-qualified as the main document.
Although this is allowed according to the current labor legislation in the above cases (dismissal or hiring of an employee who has already resigned).
The employer is not obligated to make changes to an existing contract.
only be , who is interested in switching to full-time work at a full rate for his position.
But at the same time, the immediate supervisor must also express his consent to making changes. That is, any adjustment to an existing contract is made by agreement of the two interested parties.
Sick leave for external part-time worker
State social guarantees also provide for payment of temporary disability of a part-time worker. True, the Ministry of Health and Social Development recently revised some of its requirements, and now payment of sick leave to an external part-time worker is made both at the main place and at the part-time place only if he has worked for at least two years at both enterprises. To do this, the employee must provide both places of work with an original sick leave certificate, which the hospital must issue in the required quantity.
Vacation
Paying vacation pay to part-time workers also has its advantages. According to the provisions of the Labor Code of the Russian Federation, leave is given to a Russian in two places at once - main and additional. However, for many workers this situation is controversial.
Many citizens do not want to take leave from two jobs at the same time. Today there is no exact and unambiguous answer to this question. Theoretically, an employee may not notify the second boss that he is on vacation from his main job. He has every right to do this, so his superiors will not have the necessary information.
It is also worth noting that a part-time worker may be denied leave at an additional place of employment. Most often this happens due to the fact that the employee does not want to present a document stating that he is going on vacation and at his main job. Those persons who have been working within an organization for more than 6 months can go on vacation.
