Is it possible to get a part-time job if there is no main job?

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 (

Prohibitions on outside work

Not all categories of able-bodied citizens can be external part-time workers. The ban concerns (Labor Code of the Russian Federation, Art. 329, 282):

• minors;
• workers under hazardous conditions, if the same conditions are assumed to be part-time;
• workers whose work is directly related to driving transport at their main job (they cannot perform similar work part-time).

Civil servants (municipal employees) can work part-time only with the consent of the main employer, provided that there is no conflict of interest in his main job and other work and the time limit is observed - 4 hours a day, 20 hours a week part-time. They do not have the right to combine positions with work in another organization: heads of local administrations, prosecutors, judges, police officers, customs officers, employees of the Central Bank of the Russian Federation. They are allowed only teaching, creative, scientific work (Federal Law No. 79.25, No. 2202-1, 86, etc.).

All the most important things in a nutshell

1. When applying for an external part-time job, he does not provide a work book at the place of part-time work.
2. It is prohibited to employ such an employee at a rate of more than 0.5. Restrictions are lifted only if he has completely stopped working at his main place (medical indications, delayed wages). The employment contract must indicate external part-time work and the terms of its payment.
3. A part-time worker has the right to take leave simultaneously from his main and additional place of work, but the legislation does not contain such obligations.
4. Payment for sick leave depends on whether the employee changed employers two years before illness. Payment can be made from one or several employers.
5. External part-time work is prohibited for minors and citizens with special working conditions at their main job.

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.

What it is

In his free time from his main job, a citizen can relax, or he can spend time usefully and receive a salary for it. Part-time work is nothing more than regular paid work in your free time from your main type of employment.

According to the law, when combining, it is necessary to draw up an employment contract in full compliance with established standards.

Several contracts can be concluded with an employee, their number is not limited in any way. If a citizen is a part-time worker, he has at least two employment contracts.

The main features of part-time work are:

• additional work is paid, but is not the main one;
• the employee has two or more contracts;
• the work is performed continuously for a long time (two or three days of part-time work are not considered part-time work);
• a citizen works in his free time from his main job, without combining two different processes;
• remuneration is made according to standard rules; the employer does not have the right to lower the salary rate in comparison with other employees (only payment of wages in proportion to the time worked is allowed);
• Ignoring sick leave and annual leave is not allowed.

When concluding a relationship on paper between an employer and an employee, it is important to comply with the following condition: the contract must indicate that the employment is formalized as a part-time job.

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 of an external part-time worker

An employee who works part-time must be officially registered at the workplace, that is, with the signing of an employment contract for external part-time work. To do this it is necessary that:

• the employee wrote a job application addressed to the head of the enterprise;
• the enterprise has drawn up an employment contract, which usually does not differ from the standard employment contract adopted by the enterprise;
• the head of the enterprise issued an order to hire an employee on a part-time basis (only after signing an agreement and on its basis).

An entry about external part-time work in the employment record is made only at the request of the employee and is entered at the main place of work. At a part-time job, a personal card is created for an employee and a personnel number is assigned to him.

Contract for external part-time work

As mentioned above, the contract for an external part-time worker is drawn up on the basis of a standard enterprise contract. The document must take into account all the nuances of the labor process: from the conditions of remuneration and rest to the duration of the contract.

The employment contract of an external part-time worker can be indefinite or fixed-term. In the first case, it is valid until the employee decides to terminate it, in the second - strictly until a certain period, after which it can be extended or terminated permanently.

This point is very important, since it is what will be taken into account if the employer for some reason wants to terminate the contract with the part-time worker.

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.

Basic Concepts

Each employee can work the required hours in one place and after finishing them go to another job. She is also official, and an employment contract is concluded for her.

If a person works in two positions at one enterprise, then he is an internal part-time worker; if he works in different positions, he is an external part-time worker. Upon admission, an application is written addressed to the manager, and, if necessary, the necessary documents are submitted. After which the employer issues an order. Entry into the work book is made at the request of the employee.

The contract can be fixed-term or indefinite. In the first case, the end date is indicated. In the second, dismissal is possible only at the personal request of the employee or for reasons specified in the Labor Code of the Russian Federation.

A part-time worker cannot work more than four hours a day. Exceeding this standard is permissible if the activity is carried out during a vacation or day off. In general, the second position should not take more time than the first.

If an employee works 160 hours at their main place of work, then part-time work is limited to 80 hours. The amount of payment is determined by the manager. A part-time worker has the right to annual paid leave and sick leave.

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.

Required documents

Hiring a citizen for additional work will not be difficult for the management of the new organization. To complete the transaction, the Russian undertakes to provide the following documents:

• an application addressed to the director with a request for employment;
• a photocopy of the work record;
• information about the schedule at the permanent place of employment;
• a certificate from the main place of work stating that working conditions allow the Russian to have an additional source of income.

Hiring a citizen is as follows:

1. A Russian writes an application addressed to his boss with a request to hire him. The document contains the name of the organization, information about the director, date and signature.
2. The application is submitted to management for consideration, after which an employment contract is concluded with the employee. It specifies working conditions, data on wages, days off, and vacation.
3. The boss draws up an order stating that the citizen has been hired. This document contains the full personal information of the new employee, as well as information about the fact that he is employed on an external part-time basis.

After all these steps, a special personal card is created for the employee, which indicates information about his specialization and marital status.

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 (

About external part-time work

According to the law, an employee can work simultaneously at his main workplace, as well as for other employers (individuals or legal entities). The simultaneous performance of work duties at 2 enterprises, where one of them is the main workplace, and at the other he works in his free time, is an external part-time job.

Such an organization of work functions is allowed in every business, but part-time work is most suitable for the educational sphere, culture, and the field of medicine. This allows citizens to earn additional income.

Part-time work is permitted during free time from the main work activity. The employee works and receives payment on a permanent basis. The working relationship between the employee and the employer is governed by an employment agreement.