Part-time employment contract

19.09.2019

229

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.

Part-time worker, working hours

1.When working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

The employer ensures that the employee works the total number of working hours during the relevant accounting periods (working day, week, month and others).

Art. 102, “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on February 5, 2018) {ConsultantPlus}

2.When concluding an employment contract, it is necessary to indicate that the work is carried out on a flexible schedule depending on received applications.

{Question: ...How can I indicate the working hours in an employment contract with a doctor who is an external part-time worker if he will come if he has an appointment? (Expert consultation, Ministry of Labor of Russia, 2016) {ConsultantPlus}}

3.In accordance with Art. 102 of the Labor Code of the Russian Federation, when working in flexible working hours, the beginning, end or total duration of the working day (shift) is determined by agreement of the parties.

4."2.1. For the period from January 18, 2018 to December 29, 2018, the employee is provided with a flexible working time regime of 20 hours per week.

2.1.1. The flexible working time regime provides for a part-time working week. Working days: Monday, Wednesday, Thursday. Weekends: Tuesday, Friday, Saturday, Sunday.

2.1.2. From 11:30 a.m. until 13:00 The employee is given a fixed time of mandatory presence at the workplace.

2.1.3. From 13:00 until 13:30 The employee is given a break for rest and food.”

1.2. Add section No. 2 “Working time and rest time” with paragraph 2.2 as follows:

"2.2. Enter summarized accounting of working hours in the period from 01/18/2018 to 12/29/2018.

2.2.1. Set the accounting period to one month.”

{Form: Additional agreement to the employment contract on changing the working hours to flexible working hours (filling sample) (Prepared by ConsultantPlus specialists, 2018) {ConsultantPlus}}

5.The following conditions are mandatory for inclusion in an employment contract:

working hours and rest hours (if for a given employee it differs from the general rules in force for a given employer);

Art. 57, “Labor Code of the Russian Federation” dated December 30, 2001 N 197-FZ (as amended on February 5, 2018) {ConsultantPlus}

6.Since the duration of daily work (shift) and the start and end times of work are not specified in the employment contract of an external part-time worker, it is not possible to determine exactly what time during the working day the employee should be at the workplace. Accordingly, it is impossible to unambiguously establish what specific hours of absence from work will be considered absenteeism for a given external part-time worker, given that he performs part-time work in his free time from his main job and the duration of his working hours differs from the general rules (Article 282). , 284 Labor Code of the Russian Federation).

{Question: ...Does the employer have the right to fire an external part-time worker for absenteeism if the start and end time of the working day and the daily duration of working hours are not established for him? (Expert Consultation, 2017) {ConsultantPlus}}

7.In violation of paragraph. 6 hours 2 tbsp. 57 of the Labor Code of the Russian Federation in the employment contract of L.G. working hours and rest hours are not established.

{Decision of the St. Petersburg City Court dated January 24, 2012 N 7-6/12 {ConsultantPlus}}

8. When concluding an employment contract with a part-time worker, the same rules apply as when hiring an employee for the main job. For more information about this, see paragraph 1 of this material. A prerequisite for this is an indication that the job is a part-time job (Part 4 of Article 282 of the Labor Code of the Russian Federation).

In addition, by virtue of Part 2 of Art. 57 of the Labor Code of the Russian Federation, the employment contract with such an employee must reflect the regime of his working time and rest time. This is due to the fact that the working hours of a part-time worker are established taking into account the provisions of Part 1 of Art. 284 Labor Code of the Russian Federation. Therefore, it will differ from the general rules applicable to employees for whom this work is their main job.

For example, internal labor regulations or an employment contract may stipulate that a break for rest and food may not be provided to an employee if the duration of his daily part-time work (shift) does not exceed four hours (Part 1 of Article 108 of the Labor Code of the Russian Federation) .

Guide to HR issues. How to hire {ConsultantPlus}

If a dispute arises, it is necessary to prove that the flexible working hours regime was actually established.

Plaintiff K. was in an employment relationship with LLC “E” from March 12, 2010 and, according to the employment contract concluded between the parties, worked as a site manager. This work was a part-time job for the plaintiff. Clause 4.1 of the employment contract determines that the employee performs labor functions in flexible working hours; working hours do not exceed four hours per week. The validity period of the contract is determined until July 31, 2010. Along with this, the case materials do not contain documents confirming the introduction of changes to the content of clause 4.1 of the employment contract, in particular to the condition that the employee perform labor functions in flexible working hours.

At the same time, the court indicated that during the consideration of the case, the defendant did not provide evidence indicating that an agreement was reached between the employee and the employer on the start and end times of the working day, and there was also no evidence that the employer determined an accounting period for calculating the total number of working hours worked by the plaintiff, and therefore there are no obstacles to calculating the total time worked by the plaintiff both per week and per month, and not per working day.

See: Cassation ruling of the Rostov Regional Court dated October 3, 2011 No. 33-13467.

Art. 102, “Labor Code of the Russian Federation. Section IV. Work time. Section V. Rest time: Article-by-article scientific and practical commentary" (Sitnikova E.G., Senatorova N.V.) (Library of the Rossiyskaya Gazeta, 2013) {ConsultantPlus}

10.4. Working time and rest time

4.1. The employee's working hours are set at 20 hours per week.

4.2. The employee has the following working hours:

— five-day work week with two days off (Saturday and Sunday);

— duration of daily work — 4 hours;

- start of work - 10.00, end of work - 15.00;

— break for rest and food — 1 hour from 12.00 to 13.00.

Form: Employment contract with an external part-time worker (filling sample) (Prepared by ConsultantPlus specialists, 2018) {ConsultantPlus}

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.

Decor

Before hiring a person for a position, the employer must conclude an employment contract with him with an appropriate note stating that the hiring is carried out specifically as a part-time worker .

The employment contract must reflect information about the number of hours worked by the part-time worker and his individual work schedule, in accordance with which the person’s further work in this position will be carried out.

The need to prescribe these points is dictated by Art. 100 of the Labor Code of the Russian Federation, because the working hours of a part-time worker differ from the general rules for other employees working according to a standard schedule from 9:00 to 18:00.

The contract necessarily mentions part-time work in accordance with Article 282 of the Labor Code of the Russian Federation, establishes the working hours and rest time of the part-time worker (annual leave). The most popular are the combination options for 0.5 and 0.25 bets.

The document indicates the date and place of imprisonment, personal data of the employee (full name, passport data), information about the employer (name, tax identification number, full name of the legal entity from the employer and the attributes of the document that gives the legal right to act ).

General terms of the agreement:

information about the part-time worker’s place of work and his job responsibilities;
date of start of work as a part-time worker;
specific working conditions for a part-time worker (mobile, traveling, etc.);
designation of the working conditions of a part-time employee, compiled based on the results of a special assessment (Federal Law No. 426 of December 28, 2013);
setting working hours (up to 4 hours a day) and wage conditions, determining rest time;
when starting work associated with harmful (dangerous) conditions, the part-time worker must be informed about guarantees and compensation with a note in the contract regarding the characteristics of working conditions;
the employer's obligations for social insurance of the part-time worker are indicated;
the duration of the contract is specified.

Important! An employment contract is not concluded with an employee applying for a job involving harmful (dangerous) conditions if the employee’s main work is carried out in similar working conditions in accordance with Article 282 of the Labor Code of the Russian Federation.