How to properly register internal and external part-time workers

Internal part-time and internal combination of positions: the difference in the formalization of relationships

An employee of the company, who is already on staff and performs a certain amount of work, decides to take on an additional load that goes beyond the scope of his current job functionality.
How can he do this? Essentially, in this case, independent labor relations between the company and the specialist come into force, which can be formalized in 2 forms:

• internal part-time job;
• combination of positions (professions).

There is a fundamental difference between the two forms that the company must understand. Namely: internal part-time work means performing work unrelated to the main one, at a time that is not occupied by the specialist’s main activity (Article 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time) is performed completely outside the scope of the employee’s main position.

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Example:

G.V. Ivanov works as a mechanic at a manufacturing enterprise. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same company. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e. from 18:00 to 21:00. In this case, he does not combine positions, but performs the functions of a cleaner as his additional work on an internal part-time basis in that the same company.

Internal combination of positions assumes that a specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day manages to perform other functions corresponding to another position. That is, a specialist is engaged in work to combine another position in parallel with his main work, at the same time (Article 60.2, 151 of the Labor Code of the Russian Federation).

Example:

G.V. Ivanov from the previous example works as a mechanic, but in addition, during the working day (from 9:00 to 18:00) he also has time to clean the workshop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within one production enterprise.

The above features also determine differences in the design of labor relations. Namely: for an internal part-time worker it is necessary to draw up a separate employment contract. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.

Work on combining positions: registration

If an employee wants and can work in 2 positions in the company at the same time, then the preferable option for him is to formalize additional relations with the employer in the form of combining positions. But for this it is important that the specifics of the work allow it to be performed without release from the main activity and at the main workplace. Therefore, if the second position requires, for example, moving from the main place of work (to another workshop), then such an additional load on the employee should be formalized as an internal part-time job, and not as work combining positions.

The company can formalize the combination of positions by an additional agreement to the employee’s current employment contract, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).

In addition, for work combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.

The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):

• the company’s proposal to combine positions signed by the employee;
• application from an employee requesting permission to combine positions.

At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in a time sheet? In accordance with the norms of labor legislation, combination work is not separately highlighted in the timesheet. After all, an employee performs combined work in parallel, at the same time in which he is busy with his main job. Therefore, only the hours spent on the main work need to be recorded in the time sheet.

How to apply for them with the same employer

There are differences in the document flow when registering such employees.

Registration of internal part-time workers

An employee is hired to work part-time with the conclusion of an employment contract. This agreement contains:

• The provisions, rights, obligations and guarantees of the employee are similar to the standard contract concluded for the main job.
• Indication of the performance of part-time duties.
• For time-based work, the salary or rate is indicated, for piece-work, output.

The agreement may be of a fixed-term or indefinite nature, the duration of which is determined by agreement of the parties. At the request of the employee, an entry about part-time work is made in the work book.

Here you can download a free sample employment contract

When applying for a job, the following actions are performed:

1. The employee submits an application to the manager. The document indicates the desired part of the bet - half, third, quarter or other.
2. The terms of the part-time job are agreed upon with the employer.
3. The personnel service of the enterprise issues an appointment order and draws up an agreement with the joint signature of the parties. The order and contract make a note about the nature of the work.

If the terms of the agreement provide for work with valuables, an additional liability agreement is concluded.

Here you can download a sample part-time order for free

No documents required for employment are required. The HR employee makes copies of the previously submitted forms. The dismissal of such an employee is carried out in the standard manner defined in the Labor Code of the Russian Federation.

Registration of combining positions

The combination of the main position and additional responsibilities is carried out on a voluntary basis and on the basis of an order. When registering, the following procedure is followed:

1. Providing a written statement from the employee. He must confirm that he has sufficient qualifications to perform his duties.
2. After agreeing on the issue, the employer issues an order for the employee to combine positions. There is no agreement.

The performance of new additional duties changes the terms of the employment contract. Based on the order, an additional written agreement is drawn up, providing for a change in the conditions (Article 72 of the Labor Code of the Russian Federation). Combining positions is not reflected in the work book.

Order on internal combination - sample

After signing the additional agreement, the company should issue a corresponding order.

Russian labor legislation does not contain a specific unified form for such an order.

At the same time, it should indicate which positions the employee will combine, for what period and for what additional payment. In this case, as a basis for combination, the order must specify the details of the additional agreement drawn up with the employee.

A sample order can be viewed on our website:

Completion of combining positions

As mentioned above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?

The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.

Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).

In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.

ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that later it does not turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.

Internal part-time work according to the Labor Code of the Russian Federation

An internal part-time worker, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company in a second, additional job, but at a time that is not occupied by the main activity (Article 282, 60.1 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation establishes a number of restrictions regarding how much working time an employee can spend on part-time work. So, if a specialist within the same organization works in two different positions at different times, then the Labor Code of the Russian Federation allows the maximum additional workload to be performed no more than 4 hours a day.

IMPORTANT! If there is a day when an employee is released from his main job for some reason, he can do part-time work throughout the working day.

For a month in the aggregate, a part-time employee has the right to work no more than half of the monthly standard of time established for the category of workers to which he belongs (Article 284 of the Labor Code of the Russian Federation). However, sometimes an employee has the right not to be guided by the specified limit.

For more information about how much time an employee has the right to spend on part-time work, see the article “Part-time work - how many hours per week?” .

An equally important question for both internal part-time workers and their employers is: how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be established in one of 3 ways:

• in proportion to the time spent working;
• according to a piecework scheme;
• on other conditions provided for in the employment contract.

For information on the specifics of additional payment up to the minimum wage for internal part-time workers, see the article . ”

In addition to the above, companies should keep in mind that if they have someone on their staff who works part-time in addition to their main job, then they are also entitled to leave of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with vacation in the main position in time, however, vacation pay is accrued separately for the main position and separately for the combined work, since the employee has 2 independent employment contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).

An important issue that concerns, in particular, part-time women, concerns the provision of maternity benefits to them.

Read more about this in the article “Maternity benefits for part-time workers .

Regulation of working hours and pay

Four hours a day is the maximum time during which an internal part-time worker can perform duties in the second location. This is half the employment rate of the main job. Full-time work is permissible only if the citizen does nothing in another direction for one reason or another.

But duration restrictions are lifted if one of the following circumstances occurs:

• Having debt due to remuneration payments.
• Physical limitations that make second place ineligible.

Payroll calculation is based on the actual time worked. But some may also use so-called piecework systems. The main thing is that this is provided for by regulatory documentation, internal or general.

Enumerations are also associated with other features:

1. The right to standard payment of remuneration at least twice a month is retained.
2. Material remuneration cannot be less than the minimum established by current laws. But when working part-time, they are supposed to enter part-time rates. In such situations, charging smaller amounts will not violate the requirements. Calculating wages for an incomplete month requires close attention.
3. If internal regulations require allowances and additional payments, they are retained in full for part-time workers.

How to apply for an internal part-time job

As stated above, when working on a part-time basis, a separate employment contract is drawn up. At the same time, he is subject to all the requirements that apply to similar contracts with regular full-time employees (not part-time employees).

ATTENTION! An internal part-time worker must have exactly two : for the main job and for a part-time job.

In particular, the employment contract must contain information about:

• companies;
• a position that a specialist undertakes to perform in addition to his main job;
• wage system;
• work and rest regime, etc. (Article 57 of the Labor Code of the Russian Federation).

As a general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).

ATTENTION! The employment contract must include information that the employee holds the position on an internal part-time basis.

Internal part-time work: limitations and features

There are categories of workers for whom part-time work is prohibited by labor legislation. So, in accordance with Art. 282, 329, 276 of the Labor Code of the Russian Federation it is unacceptable to hire as part-time workers:

• minors;
• persons who work in their main job with harmful (dangerous) working conditions - if the part-time job is in similar conditions;
• employees of state and municipal institutions;
• persons whose main work is related to driving vehicles or their movement - if the planned part-time work is similar;
• military personnel (except for such fields as pedagogy, science and creativity) - provided that such part-time work will not interfere with the performance of military duties;
• security guards - in relation to public service and paid work in public associations;
• judges, lawyers, prosecutors (except for such industries as pedagogy, science and creativity);
• heads of organizations - without consent to part-time work from the general meeting of the organization's participants (board of directors) from the main place of work.

Internal part-time work has a number of features:

1. Internal part-time work is, in fact, additional work performed in free time from the main job in the same organization.
2. a separate must be concluded between the employee and the employer (Article 282 of the Labor Code of the Russian Federation).
3. Since the internal part-time worker has already been registered with this employer, he does not need to provide any documents to conclude an employment contract. An exception is a document confirming the competence of a part-time worker if the new job requires special qualifications.
4. in the employment contract and in the hiring order an internal part- who is being hired .
5. Full -time internal part-time work is not possible.
6. a separate time sheet is kept for the employee
7. An entry about part-time work in the work book is made at the request of the employee (Article 66 of the Labor Code of the Russian Federation).

Order and application for internal part-time work

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time worker to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on an internal part-time basis, in which, in particular, it should be indicated what additional work he intends to take on the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the company's human resources department.

As a general rule, after an employment contract is concluded, the company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that there will be two : for the main position and part-time.

At the same time, there is a unified form of such an order (No. T-1), which you can download for free on our website.

In such an order, it is important to reflect the very fact of internal part-time work, and in addition, indicate the basic conditions of the specialist’s work, its nature and the mechanism of remuneration.

Documents for employment

The list of documents for hiring a part-time worker (both internal and external) is determined by Article 283 of the Labor Code of the Russian Federation and includes:

• Employee's passport or other identification document;
• Document on education or qualifications, if its availability is required to perform job duties. The document can be provided either in the original or in the form of a notarized copy;
• A certificate about the nature and conditions of work at the main place of employment if the part-time job will be carried out in harmful and (or) dangerous working conditions. In accordance with the law, it is prohibited to work in such conditions in both places at the same time.
• Military registration documents if the employee is liable for military service.
• Document on registration in the individual (personalized) accounting system for social security purposes (SNILS), which is presented in accordance with Art. 65 Labor Code of the Russian Federation.
• If this is required to occupy a certain position in the field of education - a certificate of no criminal record issued by the Ministry of Internal Affairs of the Russian Federation (Article 351.1 of the Labor Code of the Russian Federation).

When applying for some positions (on ships, aircraft, in the field of transport security, employment as a private security guard, etc.) - a certificate from the Ministry of Internal Affairs stating that the employee will not be subject to administrative punishment for the use of narcotic drugs or psychotropic substances.

The employee does not present a work book. It continues to be kept by the main employer.

Before registering a part-time worker, you need to check whether there are any restrictions that would prevent him from being accepted.

Statement

The registration of a part-time worker and the conclusion of an employment contract with him is carried out on the basis of his personal application. The law does not establish any form for it, so the employee can write it in free form. The application must indicate:

• Full name of the employee;
• start date of work and end date (if a fixed-term employment contract is concluded);
• a request for employment on an internal or external part-time basis.

The proposed application form and an example of how to fill it out can be found below.

Sample application for employment of internal and external part-time workers

General Director of Omega LLC

Vasechkina I.I.

From: Ivanov Maxim Petrovich

Statement

about hiring

I hereby ask you to hire me in the sales department as a salesperson on an external (internal) part-time basis in my free time from my main job on a part-time basis.

Signature, date

Employment contract

For both internal and external part-time work, an employment contract must be concluded with the employee. Such an agreement must include:

• An indication that the work being performed is part-time work;
• Full name of the employee and name of the employer;
• Place of work;
• Position and list of responsibilities;
• Work and rest schedule (as a general rule, no more than half of the main employee’s working time);
• Amount of remuneration;
• Guarantees and compensations.

Read more about drawing up an employment contract with a part-time worker here.

Employment history

An entry about part-time work is made in the work book:

• Only at the request of the employee;
• Employer at the main place of work.

In the case of internal part-time work, there is only one employer, and it is to him that the employee can apply with a request to make an entry in the work book.

In the case of external part-time work, no entries are made in the work book at the place of part-time work. However, the part-time employer is obliged, at the employee’s request, to issue him a certified copy of the order for part-time employment.

A copy is issued within 3 days from the receipt of the employee’s request for this (Article 62 of the Labor Code of the Russian Federation). With this copy, the employee contacts the main employer, who makes an entry in the work book.

Employee personal card

A part-time employee must be issued a personal card according to the general rules, as for the main employee. There are no special features provided.

A personal card can be drawn up according to the unified form T-2, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2001 No. 1, or according to the employer’s own form.

The personal card is kept in the part-time worker’s personnel file for the entire duration of his employment.

Personnel order

The hiring of a part-time worker is formalized by an appropriate order. An organization can use the established T-1 form, approved by Decree of the State Statistics Committee of Russia dated January 1, 2004 No. 1, or develop its own form.

In addition to the employee’s data (full name, personnel number, position and place of work, including structural unit), an order for a part-time worker must contain:

• Indication of part-time work;
• The working hours established for the employee;
• The amount of remuneration based on the established employment regime.

You can find the order form for hiring a part-time worker and an example of how to fill it out correctly in the next section.

Sample of filling out an order for hiring a part-time worker (internal or external)

Limited Liability Company "Omega"

Order No. 10-k/2020 of January 15, 2021

about hiring an employee

I hereby order:

1. Hire Maxim Petrovich Ivanov (employee), personnel number 0101, from January 15, 2021, to the sales department for the position of salesperson for external part-time work on a part-time basis (five-day work week with two days off (Saturday and Sunday), duration daily work – 3.5 hours, no break for rest and food.
2. Set the employee's wages in proportion to the time worked with a salary of 30,000 (thirty thousand) rubles 00 kopecks.
3. Set a probationary period for the employee - 1 month.

Reason: employment contract dated February 5, 2021 No. 10-td/2020.

General Director Vasechkin Ivan Ivanovich

I have read the order /full name, date, signature/

For an internal part-time worker, the order is drawn up in the same form, but indicating the internal part-time job (and not external).

If necessary, the working time conditions indicate whether the employee will work at 0.5, 0.25, 0.75 rates, or on other conditions.

Results

Registration of imposing additional workload on a company employee can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such labor relations must be formalized in the form of a separate employment contract on internal part-time work. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as issue an order to hire an internal part-time worker. If the additional position does not involve distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. The company should also receive a corresponding signed application from the employee and formulate an order to organize the combination of positions.

Sources: Labor Code of the Russian Federation

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