Features of hiring part-time employees

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Published: 07/22/2016

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The definition of part-time work is given in Article 282 of the Labor Code of the Russian Federation. It means that an employee regularly performs one or more other jobs in his free time from his main job, for which he also receives a monetary reward. The number of combined jobs is not limited in any way by law.

In order for such work to be formalized, it is necessary to conclude an employment contract with the employee and indicate in it that the work is part-time.

Part-time work is called internal if the employee performs another job in the same organization as the main one, and external if he works in different organizations.

• Registration procedure
• Important points for the employer
• For employee

How to correctly register the appointment of a part-time employee

Part-time work is the simultaneous performance of labor functions in two (and possibly more) jobs, one of which is the main one. Activities at other jobs are performed exclusively during those periods of time that are not filled with the performance of primary job duties.

Part-time work must be officially formalized in accordance with the following articles of legislation: Art. 282, art. 283, art. 65 Labor Code of the Russian Federation. The hiring process is unified, but the application procedure is slightly different.

However, the labor document is concluded at all workplaces: both the main one and the combined one. The existence of such employment contracts is not limited by law. It all depends on the capabilities of the employee. According to the Labor Code of the Russian Federation, the number of part-time positions is not limited. However, there are certain categories of citizens who cannot be accepted for such work.

For example, the following cannot work part-time:

• minors;
• if the nature of the main workplace and the part-time job are the same, then, as a rule, combination cannot be allowed;
• employees of private security companies when combined with government positions;
• For employees of the educational sector and medical institutions, there is a maximum limit on the time of part-time work.

Prohibition on registration of part-time jobs

In Art. 282 of the Labor Code of the Russian Federation states that a worker cannot be a part-time worker and a ban is imposed on the employee if the following conditions are met:

• the worker is not yet 18 years old;
• works in a company with dangerous or poor working conditions;
• the worker drives some kind of transport for work (for example, a taxi driver);
• in other situations that are specified in detail in the Labor Code of the Russian Federation.

A part-time worker works in one place both for the same and for different employers. The following workers cannot be:

• judges;
• law enforcement officials;
• ministers of the government of the Russian Federation;
• lawyers;
• intelligence officers who work in the SVR;
• civil servants;
• military;
• other civil servants.

Before concluding a part-time contract, the director of the company must find out about the citizen’s place of work in order to prevent violation of laws.

List of documents

The initial stage is the preparation of documentation. All documents can be classified into two types:

• basic;
• additional.

The first type is provided for by the Labor Code of the Russian Federation. They are mandatory and employment is impossible without them. Without them, applying for a job is impossible.

Additional documents are not a legal requirement. However, they are desirable as they increase the chances of employment.

The table below provides a list of basic documents for part-time employment.

Additional documents are:

• 2 photos;
• a copy of the work book;
• TIN certificate;
• SNILS;
• child's birth certificate;
• medical certificate;
• a document confirming the status of a large family;
• certificate of health of a relative (whether there is a disability);
• questionnaire;
• other documents, specifications, etc.

Important! A list of documents must be submitted when an employee works part-time in another company. No documents are required for the internal combination option.

What documents are needed for registration?

Official registration of a part-time job involves the employee providing the following documents:

• passports;
• military ID for citizens liable for military service;
• documents on education and qualifications, if they need to be confirmed before the new employer;
• SNILS or registration document in the individual accounting system;
• a certificate of no criminal record, if required by the position held by the citizen;
• a certificate from the main place stating that the main employment does not involve harmful or dangerous conditions, if the additional place involves working in harmful or dangerous conditions, or a certificate stating that the main place does not involve driving vehicles, if such employment involves a new place;
• permission from the main employer for athletes or coaches, and for a manager - permission from the owner of the company.

The additional employer does not have the right to demand the original work book; it is kept by the main employer throughout the employee’s work.

Preparation of documents for internal part-time work

The internal option involves working in different positions, but within the same organization.

List of basic operations when submitting documents:

• filling out a questionnaire from the employee;
• no additional documents are required. All of them are stored in the company's HR department;
• after submitting the application, an employment contract is signed;
• after signing the employment contract, an order is issued indicating the start date of work;
• You can make an entry in your work book if you wish.

Important! If an employee works part-time, he must provide an education document confirming his ability to work with this qualification.

Design rules:

• mandatory acceptance of an application from an employee;
• conclusion of an employment contract with the reference “combined”;
• issue an order;
• registration of an entry in the work book.

Step-by-step instructions for applying for a second job

When applying for a job, a future part-time worker performs the following actions:

• draws up a written application and provides the future employer with all documents (identity card, Taxpayer Identification Number, training diploma, etc.);
• carefully studies local legal acts;
• signs a contract with the following entry “on part-time basis”. The contract specifies a different number of labor hours per day and other nuances;
• after signing the contract, the worker receives 1 copy of it;
• The company administration issues an order, after which the new worker enters the workplace within the period specified in the contract.

After adding a new part-time worker to the company’s staff, the personnel officer makes an entry in the work book at the request of the worker, and also draws up a personal card or draws up a personal file.

Preparation of documents for external part-time work

Thanks to the external option, the employee gets a job in another company.

The list of documents in this case is much longer, and the procedure is more complex.

List of documents for external part-time worker:

• passport;
• educational certificate;
• document confirming qualifications;
• SNILS;
• TIN;
• certificate of working conditions of the main workplace.

Important! The employer does not have the right to demand a work book, since it is kept in the main company. You can request a certified copy of it.

The registration process for such an employee:

• collection of documents;
• writing an application;
• conclusion of an employment contract in a standard form;
• familiarization with the internal rules and their signature;
• assigning a personnel number to an employee.

Important! In an employment contract, the reference to “combination” is mandatory.

If an employee wishes to obtain an entry in the work book, he must contact the personnel department at the main place of work to request such an entry.

Necessary documentation for external and internal part-time employment

In order to become an external part-time worker, the worker must provide the following documents to the personnel:

• your consent to perform your duties;
• ID card and its photocopy;
• photocopies of your training diploma (if needed);
• a certificate from 1 place of work (in particular, from a company where there are dangerous working conditions for humans);
• extract from the work book;
• other documents (in particular, TIN).

In order to become an internal part-time worker, you only need to provide the HR department with your consent.

Application from an external part-time worker during employment

This document is an important element required when registering an employee.

There are no exact requirements for its content. However, you must provide personal information:

• Name of the organization;
• Full name, position;
• initials and place of residence;
• application form indicating the place and start date of work;
• date of;
• signature.

Basic rules for filling out the application:

• written in free form;
• the application must contain a header and a body with an application for admission to the workplace;
• the header contains the employer’s data, the name of the person in charge, the person’s data (name, passport details, place of residence);
• the application must contain an indication of the date of employment and position held;
• indicate a list of documents attached to the application.

Important! The list of required documents is presented in Art. 282 Labor Code of the Russian Federation.

The organization may have a ready-made application form, so it makes sense to contact the company’s HR officer for help and clarification.

In general, the application cannot be considered a mandatory document. But for municipal and state positions they are required to fill it. If it is written, then an appropriate order should be issued to hire such an employee.

How to apply for an external part-time job

External employment is formalized, like regular employment, through an employment contract.

The citizen provides the organization with the necessary documents, after which the parties sign an agreement. The employer, as usual, is obliged to issue an employment order, after which the new employee begins his duties.

If you are not sure whether you need to register an external part-time worker with the military, no, you don’t need to. The company's obligation to provide military registration of employees is fixed by government decree No. 719 dated November 27, 2006 and the regulations on military registration approved by it. This document does not indicate that employers of part-time workers are exempt from this obligation, from which it follows that it is necessary to register a part-time employee liable for military service for military registration.

Certificate from main place of work

This document is a very important and mandatory point.

Important! According to the law, you cannot take a part-time job if the working conditions at both the main place of work and the part-time job are similar and are considered harmful and dangerous.

Example No. 1. Agofonov P.P. wants to get a part-time job at a metal products manufacturing plant. The working conditions at this workplace are considered hazardous. During employment, the employer demanded from Agofonov P.P. a certificate of working conditions and nature of work from the main place of work.

The certificate from the main place of work indicated that the conditions in which the employee worked were normal.

After providing a certificate and passing the medical examination of employee Agafonov P.P. They took on a part-time job because there were violations of Art. 282 of the Labor Code of the Russian Federation was not identified.

The certificate does not have a standard unified form, but there are requirements for the content. Basic data to be specified:

• name of company;
• date of certificate;
• SNILS number;
• Full name of the employee;
• nature of work activity;
• the position you plan to occupy;
• working conditions according to SOUT;
• when the SOUT was carried out;
• manager position;
• management signature;
• seal.

You can download a certificate clarifying the special nature of the work here.

Labor Code of the Russian Federation

In Art. 60.1 of the Labor Code of the Russian Federation states that a citizen of the Russian Federation who works in 1 workplace can also work part-time in 2 types of activities.

Part-time work is the activity of an employee during additional working hours.

Chapter 44 of the Labor Code of the Russian Federation describes in detail the working conditions of such workers.

Labor Code of the Russian Federation and Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41

The basic principles of part-time work for doctors, teachers, etc. are spelled out in detail in Resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. It contains data on types of activities, salaries, etc.

A part-time contract is concluded with 1 or more employers, except for the exceptions specified in Art. 282 Labor Code of the Russian Federation.

In terms of timing, such a document can be of 2 types:

• urgent (Article 58 of the Labor Code of the Russian Federation);
• unlimited (Article 59 of the Labor Code of the Russian Federation).

At the moment, workers can be internal and external part-time workers. Such an employee works only during non-working hours. He receives a salary and works only under an official contract.

FAQ

Question No. 1. If a person applying for a part-time job is a citizen of the Republic of Belarus, does he need to present a permitting patent when applying for employment?

Answer: no, you do not need to submit a patent.

Question number 2 . If an employee wants to work part-time internally, is it necessary to draw up a second employment contract or make changes to the main one?

Answer: Letter of Rostrud dated 04/26/2017 No. 14-2/B-357 states that with an internal employment option, a second contract is concluded, which means that another employment order must be issued. There must be a reference to part-time work everywhere.

Question No. 3. What are the main specific elements of a part-time employment contract?

Answer: Main important points:

• link to part-time work;
• The duration of work cannot exceed 20 hours per week and 4 hours per day. Mandatory requirement.

How to apply for an internal part-time job

The Labor Code in Article 60.1 distinguishes two types of part-time work:

• external, when the main place of work and part-time work are different organizations;
• internal, when an employee holds another position with the same employer.

Registration of an internal part-time job begins with negotiations between the employee and the employer on concluding another employment contract for the vacant position. Negotiations are initiated by an application addressed to the employer. Based on the results of negotiations or on the basis of an application, an employment contract is concluded with the employee and an order is issued to admit the citizen to the staff.

Most common mistakes

Error No. 1. When hiring an employee, the employer demanded from him documents confirming the ownership of housing. He referred to the fact that confirmation of registration at the place of residence is required.

Comments: the required document on the availability of property is not mandatory and is not included in the list of the Labor Code of the Russian Federation. Such a document does not play any role in employment. Presenting it is not mandatory. It's not even on the extra list. In general, lack of registration cannot serve as a basis for refusal to hire. A passport is sufficient to confirm registration.

Let's summarize. Hiring a part-time job is a special process that requires the right approach to collecting documents. The Labor Code of the Russian Federation specifies a list of documentation required for employment, both external and internal part-time.

External and internal part-time employment - what is the difference?

Everyone employed in the Russian Federation has the right to be both an external and an internal part-time worker. His hiring occurs in the same way as an external one.

An internal part-time worker is an employee who performs 2 or more jobs in 1 company, and an external part-time worker is an employee who works in different companies.

Internal

Being an internal part-time worker, the worker works for the same director of the organization who has his main job.

So, Ivanov V.V. is a labor teacher at school No. 7, and after school he works as a janitor. This is an internal part-time job, because Ivanov works in 2 specialties in the same school institution.

External

External part-time worker - a worker works for a manager for whom he does not work at his main job. In such a situation, the employee does not receive a work permit from the employer or legal entity.

Only the following workers should receive permission to perform labor duties as an external part-time worker:

• directors of companies (Article 276 of the Labor Code of the Russian Federation);
• members of the company administration (Article 281 of the Labor Code of the Russian Federation);
• a citizen involved in professional sports and a coach (Article 348.7 of the Labor Code of the Russian Federation).

Applying for a full-time job

When applying for a job, the future employee writes an application for part-time work, which is then signed by his employer.

The contract has the same form as when joining the staff for the main position. However, the personnel officer indicates the following information in it - the worker works part-time.

If you are working internally, you do not need to provide HR officers with your passport and training diploma again.

With internal combinations, HR officers often manage without drawing up a new contract. In such a situation, the personnel officer draws up an additional agreement.

The director of the company concludes an additional agreement with the employee if the employee combines his main job in the same specialty.

But an advertising manager will not be able to work as a taxi driver if this is not on the list of job responsibilities. In this case, a new contract must be concluded.

When recruiting internal part-time workers, HR employees draw up both fixed-term and indefinite contracts.

How to arrange them correctly

The document flow and procedure for hiring an external and internal part-time worker are no different. Upon employment:

• A person approaches the head of the enterprise with a statement. The document must indicate the form of employment – ​​“part-time”.
• After the employer approves the application, the HR employee issues an order and draws up an employment contract in 2 copies.
• The employment order specifies the condition of part-time employment. On the form, the employee signs that he has read it.
• The agreement is signed by both parties (manager and hired person). One copy is kept in the organization, the second is handed over to the employee.
• A job description is developed for the employee as an annex document to the contract. If the agreement contains a detailed description of responsibilities, instructions may be missing.
• The person is assigned a personnel number, and a personal accounting card is created for him in the T-2 form.
• The newly hired employee is introduced to the working conditions and given instructions on labor protection, which he signs in the log.
• Familiarization with the norms of local internal regulations is carried out - regulations on bonuses, collective agreement, etc. The documents include sheets for signature, through which the employee agrees with the provisions of the acts.

When an employee services material assets - cash, warehouse stocks, finished products - the employer additionally enters into an agreement with him on individual or collective responsibility (Article 244 of the Labor Code of the Russian Federation). with persons under 18 years of age .

Employment of part-time workers is accompanied by the submission of documents in accordance with the list established by Art. 65 Labor Code of the Russian Federation. The person being hired represents:

• Identity document – ​​passport.
• A copy of the work record book and pension insurance certificate (SNILS). The condition is mandatory for external part-time workers. Documents of internal part-time workers are copied from the appendices of the main contract.
• For those liable for military service - a military registration document.
• Certificate of health for positions that require such confirmation - sellers, canteen workers and others.
• For positions requiring special training - a document on education.
• When applying for a position that requires a clean criminal record, a relevant certificate is required.
• For persons of foreign nationality - permission from the migration service.

Standard or property deductions are not available to external part-time workers. The exception is cases in which the person has not declared a desire to receive a deduction at the main place of employment.

To receive a deduction, he must provide a certificate from his main place of work confirming the absence of benefits in the current year. The document is updated annually.

If a part-time partner claims a deduction, he will need to provide a certificate from the Federal Tax Service for property benefits or a birth certificate for children to receive a standard deduction.

After employment, the employer must provide information:

• To the commissariat if the employee is liable for military service.
• To the place of previous employment, if the person held a public position and the dismissal took place before the expiration of 2 years (Article 64.1 of the Labor Code of the Russian Federation).

An employee has the right to receive wages on any card if the company uses a non-cash form of payments. A person can provide information about his own current account to the accounting department. The employer does not have the right to refuse an external part-time worker’s request to use his card, even if transfers to the organization are made to another financial institution.

The pros and cons, as well as all aspects of such employment, are discussed in the following video:

Dismissal of a part-time worker

According to Art. 77 of the Labor Code of the Russian Federation, an employer dismisses a part-time worker on the following grounds:

• if the contract term has come to an end (when signing a fixed-term contract);
• if the employer has found a new candidate for the worker’s job;
• if the employee submitted an application to leave the company on his own initiative;
• if both the director and the employee have reached an agreement to terminate the employment relationship;
• on the initiative of the manager in case of non-compliance with the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.

At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, while caring for a child, during pregnancy and after childbirth, etc.).

Sample application for employment of a part-time worker

The application for registration for part-time work must indicate:

• Full name of the employee;
• employee's place of residence;
• Full name of the head of the company;
• the day on which the employee will start working;
• Job title;
• a list of specific attachments to the application;
• working conditions;
• additional information.