How to properly register for part-time work?

Recently, an employment option such as internal part-time work has become very popular in the labor market. It allows you to use the employee’s labor potential as efficiently as possible, as well as improve his financial situation. There are a number of features in documenting additional work for employees who already work in the organization at their main job. In this article, we will look at all the nuances of personnel records management when hiring an internal part-time employee: how to register for an internal part-time job.

The concept of internal part-time work

The concept of “part-time work” itself is the performance by an employee of additional permanent paid work in his free time from his main duties under the terms of an employment contract with the same or another employer.

With external part-time work, the employee works at the main and additional jobs for different employers. In case of internal part-time work, the employment contract is concluded with the same employer for whom the specialist performs the main work.

One should also distinguish between the concepts of “internal part-time work” and “combination of positions”. In both cases, the specialist performs additional work at the same enterprise where he works as a main employee. However, internal part-time work is precisely the performance of work not related to the main activity in free time (Article 60.1, 282 of the Labor Code of the Russian Federation). In this case, employment is assumed at 2 completely different rates with appropriate registration and payment for each.

Internal combination involves adding additional job functions to the main job. That is, when combined, a specialist is engaged in additional responsibilities along with the main ones .

Part-time work implies a separate employment contract

Part-time work is a situation when an employee, in his free time from his main job, works under a separate employment contract (Part 1 of Article 282 of the Labor Code of the Russian Federation). If additional work is performed at the place of primary employment, then such part-time work is called internal. If an employee combines work for several employers, then this is an external part-time job (Part 3 of Article 282 of the Labor Code of the Russian Federation).

Current legislation does not impose restrictions on the number of part-time jobs. That is, in fact, an employee can have labor relations with an unlimited number of organizations (Part 2 of Article 282 of the Labor Code of the Russian Federation).

Hiring for internal part-time work: legal aspects

The possibility of part-time employment is allowed by Art. 60.1 Labor Code of the Russian Federation. Such employment is regulated by Chapter 44 of the Labor Code of the Russian Federation.

In case of internal part-time work, as in the main place, it is necessary to conclude an employment contract . It must indicate that the job is a part-time job .

The legislation (Articles 282, 329, 276 of the Labor Code of the Russian Federation) provides for a ban on part-time work for the following persons:

minors (under 18 years of age);
state and municipal employees;
specialists for harmful (dangerous) working conditions - if they already work under the same conditions at their main job;
workers in the transport sector - if they are already employed at their main workplace in work related to driving vehicles or organizing their movement;
military personnel, lawyers, judges, prosecutors (except for teaching, science and creativity - if this does not interfere with the performance of their main duties);
security guards - in relation to public service and paid work in public associations.

For whom is part-time work prohibited?

Despite the widespread use of this type of employment, the law establishes some restrictions. They are used to indicate who is and is not authorized to perform such work. A list of persons for whom part-time work is not permitted has been established. These include:

persons who have not reached the age of eighteen;
persons who are employed in difficult work, as well as work associated with dangerous or harmful working conditions (if the main activity is carried out in such conditions);
members of the Board of Directors of the Central Bank of the Russian Federation (Article 19 of Law No. 86-FZ dated July 10, 2002) - they are prohibited from being deputies of the State Duma, members of the Federation Council or the Government, civil servants, deputies of local government or representative (legislative) bodies of constituent entities;
members of the Government (Article 11 of the Law of December 17, 1997 No. 2FKZ);
employees of the prosecutor's office (Article 4 of the Law of January 17, 1992 No. 2202-1;
civil servants (Article 17 of the Law of July 27, 2004 No. 79-FZ;
judges (Article 3 of the Law of June 26, 1992 No. 3132-1).

The procedure for registering an employee for internal part-time work

Internal part-time admission is generally standard. But there are some nuances.

The procedure for applying for employment for internal part-time work is as follows:

An employee writing an application for internal part-time work.
Fulfillment by the employer of the obligation to the employee to familiarize himself with the internal labor regulations . This condition is provided for in Part 3 of Art. 68 Labor Code of the Russian Federation. They do this without fail (despite the fact that the employee was already aware of these rules when he joined this organization at his main workplace).
The employee provides the employer with the documents necessary to formalize his part-time employment. Documents, copies of which are already in the hands of the employer, do not need . But sometimes, to work in a new position, an employee needs special knowledge or other qualifications. Then he must confirm his competence with a document on education (qualification) or a duly certified copy thereof.
Conclusion of a separate employment contract with a mandatory indication of the conditions for part-time work (Part 4 of Article 282 of the Labor Code of the Russian Federation). Focusing on the fact that part-time work is internal is not necessary .
Drawing up an order for hiring a part-time employee (it must contain a link to the employment contract).
Reflection of information about the hiring of a new employee in information about labor activity.
Making an entry about part-time work in a paper work book (if the employee wishes).

Peculiarities

The main features or features of work activity formalized as part-time work are as follows:

There is a separate agreement, which states that this workplace is provided to a part-time worker.
The employee is engaged in additional work activities for a limited time.
According to labor legislation, an employee cannot be employed at an additional place of work for more than four hours. This rule applies to work on weekdays.
As for weekends at the main workplace, the employee can use them as working days at the additional workplace.
The work is performed in a different specialty, profession or position, different from the main place of work.
The employee's salary is calculated based on the actual time worked. For example, if an employee works four hours daily, he will receive half the rate established for a particular position (workplace).
The vacation period is provided in full at both workplaces. If there are fewer vacation days at the additional place of work than at the main place of work, the employer is obliged to add days for rest and arrange them without pay (at the expense of the employee).
The employee is subject to all social guarantees and benefits. For it, insurance amounts are deducted to all funds specified in labor legislation.
He receives paid sick leave and vacation days. He is awarded bonus amounts if such incentives are provided for by local regulations (Regulations on Bonuses).

Application for employment as an internal part-time worker

In accordance with 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 an employee, among other documents, must write an application for employment on an internal part-time basis.

In the application, in particular, he must indicate what work and at what time he wants to do additional work so that his main work does not suffer.

The application is submitted in writing to the HR department of the employing company.

A sample application for an internal part-time job can be downloaded for free in our other article “What you need to know about internal part-time and combination jobs.”

Employment contract for internal part-time work

An employment contract with an internal part-time worker is concluded in writing in 2 copies (one for each party). The employee and employer must sign both copies. On the employer’s copy, the employee additionally puts his signature to confirm that he received his copy of the contract (Part 1, Article 67 of the Labor Code of the Russian Federation).

The agreement is drawn up in any form. For micro-enterprises that have completely or partially refused to adopt local regulations, a special standard form of an employment contract has been developed (approved by Decree of the Government of the Russian Federation dated March 27, 2016 No. 858).

The employment agreement typically reflects the following points:

general provisions;
rights and obligations of the parties;
features of employee remuneration, provision of social guarantees;
operating mode;
liability of the parties;
amendment and termination of the employment contract;
duration of the agreement.

Among the features of the contract with an internal part-time employee are the following:

The contract must contain a clause stipulating that the employee will be employed as a part-time worker (Part 4 of Article 282 of the Labor Code of the Russian Federation). It is not necessary to clarify that we are talking specifically about internal part-time work .
Separately, the contract must specify working hours if it differs from the regime established by the organization’s labor regulations. It is important that the part-time worker’s working time is no more than half the working hours in his main position in a calendar month.
An agreement can be concluded for a certain period (fixed-term), if both parties agree to this (Parts 1 and 2 of Article 58, Part 2 of Article 59 of the Labor Code of the Russian Federation).
A specialist can work in his main job and part-time in the same position.
The contract must specify the terms of remuneration (including the size of the employee’s tariff rate or salary, additional payments, allowances, incentive payments, etc.).
The employer can stipulate a probationary period in the contract.
The contract should not contain conditions regarding the impossibility of employing an employee in other organizations, since the legislation of the Russian Federation does not limit an employee in the number of employers.
The contract should not contain conditions that worsen the employee’s position.

A sample employment contract with an internal part-time worker can be downloaded for free from the link in the article “Employment contract with a part-time worker: sample”.

Working hours and remuneration for internal part-time workers

The work and rest schedule of a part-time worker is prescribed separately if it differs from that established in the internal labor regulations. If a separate work schedule is not provided , then the contract can be limited to a reference to the internal labor regulations (part 2 of article 57, part 1 of article 100, article 284 of the Labor Code of the Russian Federation).

An important indicator is the length of working hours. After all, in fact, part-time work is part- time work. And it should be up to 4 hours per day (shift) or no more than half of the normal working time per month (another accounting period).

It is not necessary for a part-time worker to have a lunch break if he works up to 4 hours a day (shift). The contract may provide for a condition that on days when a specialist does not have to perform his duties at his main place of work, he can work part-time full time. In this case, a lunch break should be provided for him.

The work of an internal part-time worker is paid in accordance with:

the company’s remuneration system – time-based, piece-rate, time-based and bonus;
working hours.

In a time-based system, wages are calculated in proportion to the time worked. In the piecework system - based on output or on the terms specified in the employment contract.

When working part-time, the employee (as well as the main staff) has the right to receive additional payments, allowances, compensation, incentive payments established by the labor legislation of the Russian Federation. He also has the right to receive temporary disability benefits and other social guarantees.

The remuneration of an internal part-time worker may be lower than the minimum wage, since the part-time worker actually works on a part- time basis.

A part-time worker has the right to annual paid leave . The employer must provide it simultaneously with leave for the main job. Even if the employee has not worked part-time for six months , leave for this position must be provided to him in advance .

Part-time workers have the right to both annual leave and additional leave provided for by current legislation and collective agreements.

External and internal part-time work: similar characteristics

The two types of part-time jobs have similar features:

in any option, a separate employment contract is concluded, which necessarily states that the work will be performed on a part-time basis (Article 282 of the Labor Code);
the work of part-time workers is paid in accordance with Article 285 of the Labor Code - in proportion to the working time they worked, or for the amount of work actually completed with time-based payment and the establishment of standardized tasks;
it is necessary to comply with the duration of working hours, which is established by Article 284 of the Labor Code - in particular, it should not last more than 4 hours a day (exceptions are days when a part-time worker does not perform work duties for the main employer), and cannot exceed ½ of the established monthly working hours;
the number of employment contracts concluded by external and internal part-time workers is not limited by law (Article 282 of the Labor Code);
restrictions regarding part-time employment of certain categories of citizens apply regardless of whether it is external or internal.

Let us remind you that, according to Article 282 of the Labor Code, it is not allowed to accept part-time minor workers, as well as applicants for vacancies with harmful/dangerous working conditions, if the conditions at the main job are the same. In addition, restrictions have been established in relation to company managers and representatives of certain professions: lawyers, judges, security officials, deputies, athletes, coaches, drivers, etc.

Order on hiring an internal part-time worker

As a general rule, after concluding an employment contract with an internal part-time worker, the employing company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation).

The order must state that the employee will work on an internal part-time basis.

Thus, there will be 2 : one for the main position, the second for a part-time position.

Although today there is no obligatory order form, there is a recommended unified form of order for hiring an employee. This is form No. T-1.

You can get a free employment order using the T-1 form using the link in the article “Unified Form T-1: form and sample in 2021.”

Documents when registering the appointment of a part-time worker

The list of documents for registration of part-time employment is regulated by a special norm enshrined in Article 283 of the Labor Code of the Russian Federation. It states that external part-time workers require:

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passport;
document confirming education or qualifications;
a certificate of absence of harmful working conditions at the main place of employment.

However, when applying for an external part-time job, it is mandatory to have only a passport with you - 2 other documents may be needed only at the request of the organization’s administration.

As for internal part-time workers, they are only required to submit a document on education (qualification), if the nature of the additional work requires appropriate skills. There is no need to submit any other documents, since all of them are already at the disposal of the organization’s administration.

Registration for work

According to the requirements of Article 68 of the Labor Code of the Russian Federation, registration for work is carried out by issuing an appropriate order, which is prepared in accordance with the conditions specified in the employment contract (and it must fully comply with them).

An order for employment is drawn up using the unified form T-1, approved by the Decree of the State Statistics Committee of the Russian Federation “On approval of unified forms...” dated 01/05/2004 No. 1. An order on this form is issued for all employees (not only part-time workers), therefore, to reflect part-time work is provided a special column “Nature of work”, where this must be indicated.

The requirements of Article 68 of the Labor Code of the Russian Federation oblige the administration of the organization to familiarize the part-time worker with the contents of the issued order within 3 days after the actual start of work. If necessary, the administration is also obliged to make a certified copy of this document. It is also necessary to take into account the requirement of the same article about the need for a part-time worker to familiarize himself with the documents that will regulate his new job responsibilities, as well as the general procedure for working at the enterprise.

It is worth emphasizing that on the basis of the order, entries will be made in the work book, as well as in the employee’s personal card (form T-2, approved by the already mentioned resolution of the State Statistics Committee).

Results

In the economic situation that has developed on the territory of the Russian Federation, internal part-time work is a fairly common practice. When looking for additional income, most people prefer to increase their paid workload at their main, trusted place of work.

If the employer decides to hire an internal part-time worker, he must properly formalize his employment: conclude a separate employment contract with such an employee, do not forget to receive the relevant application and missing documents from the employee, and also issue an order to hire an internal part-time worker.

Let's sum it up

Registration of internal and external part-time work has its own characteristics, but a personnel employee should not encounter any difficulties. The entire application procedure is not much different from a regular job application.