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Published: 07/20/2016
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Part-time work is a fairly common type of labor relationship, which involves the employee performing certain job functions during periods free from his main work activity.
A working citizen can become a part-time worker an unlimited number of times if his physical capabilities allow such activity - in this area, workers are not limited by legislative norms.
The main feature of such activity is the presence of a special agreement concluded with one or more employers. At the same time, the employee has a primary occupation that is officially registered. A part-time worker works at an additional place of work exclusively in his free time.
- Legislation
- Registration procedure
- Operating mode
- Similarities and differences
Concept
Permission for parallel employment in other organizations is not required . The main rule for registering a part-time job is that the person has a primary place of employment and free time to perform other duties.
Russian legislation does not limit citizens in terms of the number of additional jobs. This circumstance depends only on the desires and capabilities of the workers themselves. It is important not to confuse this concept with combination and internal part-time work.
In this case, the difference between external and internal part-time work lies only in the place of work, in the first case - in another organization, in the second - with the same employer before or after the time of the main job .
But combining is a completely different concept, which implies expanding the responsibilities of the current position or performing work in two positions during working hours .
External and internal part-time work: what is the difference
If an employee decides to take a second job in order to obtain an additional source of income, he may have several alternatives:
- First, you should ask your main employer if the company has any vacant positions available on a part-time basis. If there is one, the employee can take this position in addition to his main job. This option is called internal part-time work (Article 60.1 of the Labor Code of the Russian Federation).
Note! Internal part-time work must be distinguished from the concept of “internal combination of positions” (in one organization).
For more information about the difference between these concepts, as well as combining positions, see the article “Registration of combining positions in one organization.”
- If it is not possible to find a second source of income at the main place of work, the employee has the right to additionally get a job in another company, retaining his previous place of work as his main one. This option is defined in the Labor Code of the Russian Federation as external part-time work (Article 60.1 of the Labor Code of the Russian Federation).
The nuances of registering an external part-time job were explained by ConsultantPlus experts. Get free demo access to K+ and go to the HR Guide to find out all the details of this procedure.
However, regardless of which company (your own or a third party) the employee will be listed as a part-time worker, one general rule must be observed: part-time work should be performed by the employee only during those hours that, by virtue of the Labor Code of the Russian Federation (and the employment contract), should not be be assigned to perform functions at the main place of work (Article 60.1 of the Labor Code of the Russian Federation).
Important! The Labor Code of the Russian Federation does not contain any restrictions regarding the maximum number of positions an employee can simultaneously hold. On the contrary, the code establishes that a specialist can have as many additional jobs as he likes (Article 282 of the Labor Code of the Russian Federation).
Restrictions
Restrictions on part-time work are discussed in part five of Article 282 of the Labor Code of the Russian Federation. In particular, we are talking about the fact that this type of activity is not permitted:
- minor citizens;
- civil servants and employees of municipal institutions;
- judges;
- persons who manage state unitary enterprises;
- people holding certain positions in the Bank of Russia.
In addition, Russian legislation warns that people who directly drive vehicles during main working hours are not allowed to simultaneously perform similar work in another place (Article 329 of the Labor Code of the Russian Federation). Also, workers employed in hazardous and hazardous industries are prohibited from performing duties in their free time under the same conditions at the place of second employment.
Results
Legal acts provide that an individual has the right to work simultaneously for several business entities. From this perspective, a person has the status of a part-time worker, which implies the presence of several sources of income, which can be from one business entity or from different ones. His position must be included in the staffing table, since otherwise, the applicant cannot be legally employed.
Sources
- https://www.audit-it.ru/terms/trud/sovmestitelstvo.html
- https://www.klerk.ru/buh/articles/475748/
- https://JuristPomog.com/labor-law/vneshnij-sovmestitel-eto.html
- https://Zapusti.biz/baza/vneshnee-sovmestitelstvo
- https://nalog-nalog.ru/priem_na_rabotu_i_perevody/kak_pravilno_oformit_vneshnee_sovmestitelstvo/
- https://zakonguru.com/trudovoe/trudoustrojstvo/sovmestitelstvo/vneshnee.html
- https://hr-portal.ru/article/chto-takoe-vneshnee-sovmestitelstvo-i-kakie-ego-osobennosti
- https://vesbiz.ru/personal/vneshnee-sovmestitelstvo.html
- https://101biznesplan.ru/spravochnik-predprinimatelya/terminy-i-ponyatiya/vneshnij-sovmestitel-eto-shtatnyj-rabotnik-ili-net.html
- https://assistentus.ru/sotrudniki/chto-takoe-vneshnee-sovmestitelstvo/
- https://naimtruda.com/otnoshen/sovmesh/kak-pravilno-oformit-rabotu-po-vneshnemu-sovmestitelstvu.html
- https://rabotniky.com/priem-vneshnix-sovmestitelej/
At 0.5 bets
For part-time workers, the “ceiling” is four hours a day and the total working time per month established for those who work full-time in similar positions (Article 284 of the Labor Code of the Russian Federation). When applying for a second (third and so on) job, you can:
- take not the maximum 0.5 rate, but a smaller share, for example, 0.3 or 0.25;
- not work every day or full week.
The main thing is that this is spelled out in the text of the contract on the beginning of the employment relationship.
Internal part-time worker
Recruitment
The organization enters into an agreement with its employee E.V. Avdeeva to work part-time as Deputy Director for Production at 0.5 rates.
On June 1, an order for admission was issued. The staffing schedule for this position includes:
- salary - 60,000 rubles;
- monthly bonus - 10,000 rubles.
When hiring an internal part-time worker, complete the Hiring document (Salaries and Personnel - Personnel Documents - Create button).
Note:
- Type of employment - Internal part-time will be automatically filled in when selecting an employee of this Organization.
All other details are filled in similarly to the External part-time worker .
Read more Payroll for an internal part-time worker
Full time
Sometimes such work is allowed. Alternatively, during a period when he is completely or partially free from official functions at his main job. In this case, an additional agreement is being developed to the employment contract , which will show for how long and why a person is allowed to work part-time full time. The basis for the agreement will be the document from the main work.
For example, we can take the situation with a school teacher. Everyone knows that teachers have long vacations. Someone M. decided to work during his summer vacation. Based on a certificate from the school confirming that this specialist is free and on annual leave during the specified period of time), M. got a job under a fixed-term part-time contract as a tour guide at the museum.
How to hire such an employee?
For an employer, hiring an employee for a part-time position will not be difficult. On the contrary, if this employee is already working in another organization in this specialty, this means that this specialist has professional experience in “real time”.
To receive such a specialist, you will need to obtain the following documents from him:
Application for a job.- A copy of the work book.
- Schedule from permanent place of employment.
- A certificate from a permanent place of employment, which will indicate the absence of hazardous production and heavy physical labor.
Salary
Remuneration for non-core employees should be calculated:
- in proportion to the time actually worked, if the salary is established;
- based on the actual results of labor, if there is a daily volume of work that needs to be completed (this also happens with a salary).
If a piece-rate form of accounting and payment for labor results is in effect, then wages are also calculated taking into account the actual work performed. These issues are covered in detail in Art. 285 Labor Code of the Russian Federation.
Guarantees and compensation
They are provided to part-time workers to almost the same extent as to main employees. For example, they are entitled to regional coefficients if they are available in a given area. The exceptions are guarantees and compensation:
- for part-time workers who work in the Far North and equivalent territories;
- for persons combining work and study in secondary and higher educational institutions.
In these cases, a person can only take advantage of privileges at his main place of work.
What it is?
In the legislation, there are such concepts as part-time and combination, many people confuse them because of their similar name, but in essence they are fundamentally different from each other in terms of responsibilities, registration procedure, and provided guarantees:
- In accordance with Art. 60.2 of the Labor Code of the Russian Federation , combination is the imposition of additional duties without exemption from the main activity . In accordance with accepted standards, an employee can perform, simultaneously with his main duties, the work of a temporarily absent specialist in an identical position for a certain fee, the amount of which is established in the local regulations of the enterprise.
- Part -time work is understood as the performance of labor duties in free time from the main employment in the same or another organization with the occupation of a full-time position, which implies the issuance of an order for admission and the conclusion of an employment contract. Also, a part-time worker is entitled to wages in proportion to the time worked in accordance with the salary, which is fixed in the staffing table for the position for which he was hired. In addition, he retains the right to receive all guarantees and compensation provided for by law, namely: the right to annual leave, all allowances and additional payments that are provided for the position held, and other benefits that he is required to provide both for his main position and at the place of additional employment.
You can get more information about this concept from the following video:
Vacation
At the will of the employee, leave at the place of second employment is granted at the same time as at the main enterprise . If the part-time work experience in the organization has not reached six months, leave can be granted regardless of this fact, or the difference in the amount of days with annual rest at the main place of work can be compensated by providing unpaid days, which are issued upon application.
The issue of granting annual leave at the same time for all jobs occurs after the presentation of a supporting document from the main enterprise where the employee is employed. It could be:
- a certificate stating that the employee is granted leave, indicating the timing;
- a certified photocopy of the leave order.
An employee is not required to go on vacation at the same time at his first and second jobs. He has the right to use his free time at his own discretion, for example, to work extra at a second job.
Part-time workers signed under a fixed-term contract for up to 2 months are entitled to paid leave at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation).
Registration of external part-time work - what documents are needed when applying for a job
So, how to arrange a part-time job for a specialist needed by the company? To do this, the company must conclude a separate employment contract with him (Article 282 of the Labor Code of the Russian Federation). The specific requirements for the content of such an agreement are basically similar to the requirements for a regular, standard employment contract. It requires:
- register the position of a part-time specialist, the responsibilities that will be included in his functionality;
- establish the procedure and amount of remuneration for his work;
- indicate the time during which the employee will perform the functions of a part-time worker.
Important! In addition, it is important for the company not to forget to indicate in the employment contract that the work will be performed by a specialist on a part-time basis (a direct requirement of Article 282 of the Labor Code of the Russian Federation).
In addition, the organization has the right to conclude an employment contract for external part-time work either for a certain period of time or without a time frame (Article 59 of the Labor Code of the Russian Federation). So if a company hires a part-time worker only before the expiration of a certain period, this period must be specified in the employment contract.
The list of documents with which the candidate must come for registration generally corresponds to the list required when applying for the main place of work:
- passport;
- education document;
- insurance certificate;
- registration certificate/military ID.
Is it necessary to fill out a paper work book for a part-time worker, and what to do with an electronic work book, ConsultantPlus experts told. Study the material by getting trial access to the K+ system for free.
However, there are some additions. So, if a candidate gets a job with hazardous working conditions, he must provide information about his main job so that the 2nd employer can make sure that the candidate does not fall under the above restrictions under Art. 282 Labor Code of the Russian Federation.
An important issue concerns the termination of the work of a part-time worker at an enterprise. As under a standard employment contract, relations with a part-time worker can be terminated at the initiative of one of the parties, by agreement and other grounds provided for in Art. 77 Labor Code of the Russian Federation.
But there is a nuance here: the company has the right to terminate the powers of a part-time worker if it has found another candidate in his place who intends to occupy this position as his main job (Article 288 of the Labor Code of the Russian Federation). In this case, the company should notify the part-time employee in writing of the termination of cooperation with him no later than 2 weeks before dismissal.
Design features
The features are that a person:
- must confirm that he has a place of work where he is registered on a permanent basis;
- is not required to submit the original work record book.
All other conditions for registering internal and external part-time jobs are similar:
- the text of the employment contract must necessarily indicate the condition of part-time work, with a share of the rate;
- It should also contain information about the working conditions: part-time or week, indicating exactly which days and at what time he must perform the duties assigned to him. If a special work schedule is planned, this should be indicated.
- Entry into the work book is made at the request of the employee and is not mandatory.
Statement
Many will ask: “What about the statement?” But no way. When applying for a job, an application has long been no longer required, since the basis for a person to begin performing his job duties is an employment contract, as well as an employment order issued on its basis.
Read more. What is the deciding factor for employment? The will of the employee, his consent to work under the agreed conditions, as well as the consent of the employer. Both parties express their “yes” by signing as parties to the employment contract.
Average number of external part-time workers
The average number of employees of an enterprise is calculated to confirm the right to the taxation system used, statistical reporting and submission of information on the number, wages and movement of employees.
External part-time workers in this parameter are taken into account according to the time worked as whole units. That is, the employer needs to add up the total number of people and hours and divide it by the hours of a standard workday or standard workweek. If the result is a fractional number, it is rounded.
ipinform.ru
Without main place of work
Part-time work without a main job is not permitted by law, because the main Russian document containing labor law norms and having the status of a federal law defines part-time work as “other regular paid work under the terms of an employment contract in time free from the main job . For this reason, before applying for “another” job, a citizen must confirm the availability of the main one. However, in practice there are situations when a person’s only “second job” turns out to be.
Example: Andrey M. worked as an engineer in the Atlant HOA, which was building a house, and part-time he was an estimator for another employer. Over time, the facility was built and handed over, and the Atlant HOA was closed. So Andrey M. found himself working part-time without having a primary place of employment. It all ended with the additional work becoming the main one, and the man was hired as an estimator on a full-time basis.
Advantages and disadvantages of part-time work
Part-time work is considered from the perspective of the employer and the employee.
Individual entrepreneurs strive to find options that are most profitable for them, including hiring for various positions without official registration. For the employer, the benefits and disadvantages are as follows:
| Benefits for the employer | Disadvantages for the employer |
| You can find a highly qualified specialist for a small salary. | A situation may arise in which information is transferred to direct competitors through a part-time worker. |
| Finding willing people to work part-time is easier and cheaper. |
For a part-time employee:
| Benefits for the employee | Disadvantages for the employee |
| Gain additional knowledge and experience | Combination of vacation schedules at the main job and part-time, sometimes you have to lose part of the vacation at one of the jobs |
| In case of dismissal from the main job, insurance remains available at the place of part-time work | |
| Test yourself and your abilities in another matter | Time discrepancy between work |
| Get the necessary communication skills | Lack of free time due to workload |
| Paid sick leave |
Important! When planning to take on additional work, you need to carefully study the legal framework in order to avoid trouble in the future.
Termination of the contract
Part-time workers have an additional basis for terminating the contract when a new employee who is ready to work full-time is hired to replace a person doing work on a part-time basis. In such a situation, the part-time employee must be notified by letter of the upcoming dismissal 2 weeks in advance .
There are more features. A part-time worker working under a fixed-term contract concluded for up to two months, who decides to leave this place of work forever, must notify the employer in writing no later than 3 days before the date of dismissal .
In turn, an employer who is forced to part with his part-time workers who have entered into a fixed-term contract of up to 2 months, due to the liquidation of the organization or a reduction in staff or personnel, is also obliged to warn them about this.
Combination of positions
Personnel transfer
When combining positions, not a separate employment contract is drawn up, but an additional agreement to the existing one. Therefore, it is not the Hiring , but the Personnel Transfer document (Salaries and Personnel - Personnel Documents - Create button).
Filling out the document depends on the nature of the combination:
- Permanent - in fact, it is a personnel transfer to another position; it requires changes in the work book and, accordingly, the submission of information to the Pension Fund through SZV-TD.
The organization enters into an additional agreement to the contract with its employee Mashuk K.V. on combining the position of a seamstress with the position of a cutter in connection with the improvement of cutting techniques.
For expanding duties, an additional payment is established - 20,000 rubles.
On June 1, Mashuk wrote a statement and an order for transfer to a new position was issued.
Please indicate:
- Reflect in work book checkbox will ensure that the form Information on the work activities of employees, SZV-TD (Salaries and personnel - Electronic work books - Create button);
- the Transfer to another department or to another position checkbox —the personnel section will become active;
- Position - new position;
- Type of employment - will remain Main place of work ;
- Change accruals checkbox will make the tabular part active.
In the table section, click the Add and enter:
- Accrual - a new accrual (additional payment for increasing responsibilities).
Select:
- Reason for transfer - suitable from the drop-down list or manually enter your reason; PDF
- The basis for the translation is the appropriate one from those proposed in the list. PDF
the Transfer Order (T-5) button, you can print the completed Order. PDF
- Temporary , for example, performing the functions of a temporarily absent employee - does not require changes in the work book, the personnel section is not filled out.
The organization enters into an additional agreement to the contract with its employee Mashuk K.V. on combining the position of a seamstress with the position of a cutter during the holidays of the cutter E.N. Kiseleva.
During the absence of the cutter, an additional payment of 20,000 rubles is established for expanding duties.
On June 1, Kiseleva went on vacation and an order was issued to assign additional pay for the duration of her vacation.
Check the content:
- the Reflect in work book checkbox;
- the Transfer to another department or to another position checkbox ;
- Change accruals checkbox will make the tabular part active.
In the table section, click the Add and enter:
- Accrual - a new accrual (additional payment for increasing responsibilities).
Select:
- Reason for transfer - suitable from the drop-down list or manually enter your reason;
- The basis for the translation is a suitable one from those proposed in the list, or enter your own.
the Transfer Order (T-5) button, you can print the completed Order. PDF
At the end of the main employee’s vacation, a personnel transfer with the cancellation of additional payments to the replacement employee.
Read more Salary calculation for combining positions
See also:
- Payroll for a part-time worker
- Staffing table
- Document Hiring
- Numbering in personnel orders
- Filling out the SZV-TD form in 1C
- [06/23/2020 recording] Supporting seminar 1C BP for June 2020
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