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Published: 07/23/2016
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According to the current labor legislation, every employer is obliged to properly organize the accounting, maintenance, storage and issuance of work books at an enterprise or organization. All of the above issues are dealt with by an employee appointed by order of management in accordance with the Rules established by government decree number 225 of April 2003.
When checking documents, a representative of the labor inspectorate (inspector) has the right to demand a corresponding order from the manager in order to ensure the appointment of a person responsible for maintaining and recording labor books.
Sometimes inspection authorities also require a personal meeting with an authorized employee and ask him questions regarding entrusted responsibilities.
The absence of an order or a person responsible for maintaining work books is qualified as a violation of the law, which is documented. And officials, organizations, institutions and enterprises are subject to fines in accordance with article of the Code of Administrative Offenses numbered 5.27.
- Part-time work - legislative nuances
- Features of filling Internal part-time job When hiring
- Upon dismissal
- When hiring
Part-time job features
The main place of work is where the work book is kept. If a worker works in one organization in two positions, this is internal part-time work. If he works for different employers, this is external.
A citizen has the right to work for an unlimited number of employers. The exception is athletes, coaches and heads of organizations (part 1 of article 276, part 1 of article 348.7 of the Labor Code of the Russian Federation). In this case, they must provide permission from the main location. Minors are prohibited from working for multiple employers. Drivers and employees employed in hazardous work may have a part-time job, but work in a different profession.
How to correctly make an entry in a part-time work book is indicated by the Government of the Russian Federation Decree No. 225.Z dated April 16, 2004 and the Ministry of Labor Decree No. 69 dated October 10, 2003.
External part-timers
A situation where an employee works for another employer in his free time from his main job is an external part-time job. A contract must be concluded with the worker. The employee is not required to inform the main employer about this.
When filling out the document, use the sample on how to make an entry in a part-time (external) work book.
For registration to the HR department the following is provided:
- passport;
- SNILS;
- education document.
When applying for a job with hazardous working conditions, a certificate from the main employer about the conditions and nature of work is added.
Internal part-timers
It is issued by the employer at the main place of employment during free time. An employment contract is concluded with the employee, which necessarily states that the location is not the main one. They work in the second position at 0.5 times the rate or less.
Regulatory documents
What is so-called part-time work in Russian legislation? First of all, this is a certain type of citizen’s employment, in which he competently combines the remaining free time from one job with the remaining time from another.
Employers are chosen by the employee himself. They can be either the same person or completely different people.
The regulatory and legal basis for this type of employment is some regulations that are part of the labor complex. These include, first of all, the well-known labor code. The Labor Code establishes the provision that accepting a citizen for part-time work does not necessarily have to be reflected in the employee’s work book.
Also, the Labor Code enshrines in Article 60.1 the types of part-time work on the territory of our country and reveals their essence.
The employee is allowed to choose for himself whether he should ask for the inclusion of the fact of combination or not.
Part-time work: Labor Code of the Russian Federation, registration in the work book, Article 60.1:
The set of rules for maintaining books and their immediate storage tells how exactly to make an entry in a citizen’s work book that he has resorted to part-time work. And of course, what remains unchanged in the work of personnel officers is the act that establishes the rules for maintaining books for such employees - special internal instructions.
All these documents directly or indirectly regulate all entries made about direct part-time work in the work book.
Internal and external part-time work
Many employers, and even the employees themselves, do not even assume that all part-time work is divided into two large categories: internal and external part-time work. What is the difference between these two concepts? But first, it is still advisable to understand what similar features they have.
Let's start with the fact that both combination work is carried out outside the main working hours . This is the first and last sign that combines these two concepts.
Internal part-time work involves performing a labor function on the territory of the employer for whom the employee already works in his main job. As a rule, employers give a position of a completely different nature to their part-time employee and are not eager to include it in the work record.
This is done because one employer will pay much larger taxes on fixed assets for one citizen, which is not very profitable.
But if the matter has nevertheless taken such a turn that the employee insists on entering data on part-time work into the work record, then under the line where the citizen’s main job is written a signature is made indicating the new position, without re-mentioning the organization.
For example, when filling out a work book when applying for a job, the following was written: “LLC Rodnichok. Enlisted to the position of chief accountant." Next, the necessary numbering and date are entered, and the new position is indicated without indicating the name of the organization, for example: “enlisted as a part-time security officer.”
As for external part-time work, this is the opportunity to work not on the territory of the main employer, but in another place. A record of this work is made in accordance with the general rules, indicating the name of the organization, position and the fact of combination.
Based on what documents are entries made?
If an employee has expressed a desire to include a note about external employment in his Labor Code, he must:
- request from the employer a certified copy of the employment order or a certificate indicating the name of the company, the number and date of the employment order, and the date on which the employee began his duties;
- write an application to the HR department at the main place with a request to make a mark in the Labor Code;
- Attach documents received from the second company to the application.
A certificate or orders for admission or dismissal are certified by the seal and signature of an authorized person. If an employee wants to enter information about internal employment, he only needs to submit an application to the HR department with a request to enter information into the Labor Code.
How to properly make an entry for an internal part-time worker?
With internal part-time work, the situation with filling out the work book is the same as in the case of external work. The decision on the need to include information in the document is made by the employee himself.
Having a record of the previously specified sample allows you to:
- document your experience in a specific position;
- document your experience.
Example
To enter data for an internal part-time employee, the HR employee responsible for this process does not need to indent a line from the previous completed line. The absence of a space will indicate that the employee is employed in several positions in one rather than several companies.
Next is the standard data - the serial number of the entry, the date it was made. The main part of the mark may contain the following phrase: “Hired as a part-time employee for the position of HR department employee.” Next, the company seal and the employer’s signature are affixed.
Sample:
Is this done if part-time work becomes the main job?
Situations may arise in which a part-time worker is transferred to the main job. To complete this process, you must be guided by Rostrud letter No. 4299-6-1.
The regulation states that in order for a part-time job to become the main job, the employment contract with the employer who was previously considered the main one must be terminated. It is also necessary to make a corresponding note in the book.
Sample
Before you make a note that part-time work has become your main job, you must make a note about your dismissal from your previous main job.
Next, fill in the standard columns - serial number and date of entry. The text may have the following content: “Part-time work has been stopped. Designed for the main place." Details of the order and signatures of responsible persons are provided.
Example:
We recommend reading:
How to make an entry about employment in a work book?
How to record a transfer?
Algorithm for making entries
Step 1. Sequence number
All entries are numbered in order, regardless of whether it is the main job or a part-time job. Numbering is continuous. A sample entry about part-time work in the work book shows that the employee is both an external and an internal part-time worker.
Step 2. Date of entry
In the next column after the serial number, the date of employment is entered (in no case is the date the information was entered).
Step 3. Job title
In the “Job Information” column, the full and abbreviated name of the company and the name of the position are entered - as shown in the sample entry in the work book for external part-time work (at Tyulpan LLC).
Step 4. Base document
The last column indicates the number and date of the document on the basis of which the employment was made: a sample entry in the work book about part-time work for one employer contains 2 orders - on admission to the main position and as a part-time job.
If information about another company is entered, in the field of the document on the basis of which it was made, not only the details of the order are indicated, but also the name of the organization: see a sample entry about part-time work in the work book of another employer.
Who has the right to earn extra money?
The law does not oblige an employee to inform his main employer about the fact of his employment with another employer on a part-time basis, however, certain restrictions and prohibitions are established for some categories of employees, in particular for:
- heads of organizations;
- vehicle drivers;
- minors;
- athletes and coaches;
- workers in hazardous and hazardous industries.
Managers and athletes have the opportunity to earn extra money, but only with the permission of the main employer. Minors cannot work two jobs.
Drivers and workers in hazardous industries are allowed to earn extra money, but not in the specialty or type of work they perform at their main place.
It is especially important to note:
- teachers;
- doctors;
- pharmacists;
- cultural workers.
For these categories of employees, Ministry of Labor Resolution No. 41 dated June 30, 2003 defines separate provisions (which, by the way, improve their working conditions compared to other employees) for part-time work. For example, these employees have the right to engage in teaching activities during their main working hours (with the consent of the employer) on an hourly basis. At the same time, they still have an unlimited number of opportunities to conclude part-time employment contracts.
Sample entry in a work book for external part-time work
Entries in the work book about part-time work are made in the usual manner, which is established by Decree of the Ministry of Labor dated October 10, 2003 No. 69 and Decree of the Government of the Russian Federation dated April 16, 2003 No. 225.
How is dismissal formalized?
Information about dismissal from another organization is entered on the basis of a certified order or certificate from the employer. Information is entered in the HR department only for the main location. Since an employee is not required to inform his second job about his dismissal from his main job, a situation arises when an employee quit his main employer, but remained to work for an external one. In this situation, when the employee terminates the part-time contract, he will bring a confirming document to the new main workplace, and the HR department will write a line about dismissal. This is not an easy situation. To avoid mistakes, use the sample part-time dismissal: look for the entry in the work book on the second page.
Sample entry in a work book about part-time work
The work book is filled out in accordance with the rules required by law. These rules can be studied in Resolution of the Ministry of Labor No. 69 of October 10, 2003.
Making a note in the work book about part-time work is not a mandatory procedure, so the employee chooses the most acceptable option for himself. Data can be entered into the work book only on the basis of documents that confirm the validity of the employment of the relevant individual. These documents include either a certified copy of the company’s order or an employment agreement between the employee and the employer.
Entries in the work book are made by the employer from the main place of work on the basis of certified copies of the necessary documents. The employee contacts the employer verbally or in writing (application). The second option is more preferable. A sample application is provided below.
Application for entry
An entry in the work book confirms that a person has certain experience in a particular field of activity. This is why it is so important for many people to have an appropriate record.
Rules for making entries in the work book about part-time work
The first thing to be filled out in the work book is the serial number of the entry. It is not allowed to deviate from the previous entry or violate the numbering order. Errors made must be corrected.
Record number
The next step is to enter the date in the appropriate column. It is worth noting that the number is set when the employee actually began his duties at the new workplace.
Date of entry into office
After the work book contains the entry number and date, the name of the position that the employee will occupy is filled in. It is worth considering that the name of the legal entity is not entered separately, but is written on the same line where the position that the part-time worker will hold is indicated. This is explained by the fact that the legislation does not provide for the need to separately record the name of the employer when applying for part-time employment.
Record of position and place of work
The last column indicates the details of the relevant document, according to which the employee began his official duties. The number and date of the order or instruction are indicated.
Information about the order
Is there a difference in the records of external and internal part-time workers?
The only difference is that for internal employment, you do not need to indicate the name of the company in the “Work Information” and “Base Document” columns: compare the example of a part-time dismissal entry in the work book of one employer with the example shown below.
The sample entry for a part-time job in another organization differs from that presented above.
Legal documents
- Art. 276
- Art. 348.7 Labor Code of the Russian Federation
- Resolution of the Ministry of Labor dated October 10, 2003 No. 69
Types and features of part-time work
The Labor Code of the Russian Federation does not prohibit employees of various fields of labor activity from combining work within one or more organizations. Currently, there are two types of part-time work: external and internal.
Each of these types of part-time work has its own characteristics, however, there is a main requirement for such work - work to perform additional job duties taken on can only be performed in free time from the main job and only if this does not cause any damage main job, regardless of whether it is an external or internal part-time job.
Internal part-time job
Internal part-time work is now much more widespread, since this type of combining several positions allows an employee to be on the staff of one organization . Based on an application addressed to the manager, an employee can be hired for a vacant position in his organization if his level of education and qualifications meets the requirements for the position he will occupy on the basis of a combination.
External part-time job
External part-time work is a type of labor relationship when an employee of one organization, in his free time from his main job, works in another organization in a similar position or in another position for which he has enough education and qualifications.
The only prohibition that is currently established by the current labor legislation regarding part-time work is the ban on combination work carried out by the heads of organizations, if we are talking about external part-time work.
Dismissal of a part-time worker
If a part-time job was registered in the work book, the fact of dismissal is also recorded by the main employer. To do this, you need to submit an application to the personnel service with a request to make an entry and supporting documentation:
- a copy of the order (extract);
- a certificate from the employer confirming the termination of the employment relationship.
The personnel service enters information based on the relevant order. The documents must contain the reason for the employee’s departure from the position; it is entered in the fourth column of the work book.
Making entries is similar to the dismissal of main subordinates. The data is certified by a seal where it is filled out. As can be seen in the example, all entries were made by one employer using a standard form.
A part-time worker becomes the main employee: entry into the labor record
In personnel practice, a situation may arise when a part-time worker ceases to be such and becomes the main employee of the organization. How should this fact be reflected in the work book, and is it necessary to do this in principle?
In this situation, representatives of the labor inspectorate suggest that the employer do one of the following:
- Terminate the part-time contract and draw up a new one, where the employee will appear as the main one. After completing all the necessary documents, the HR department employee makes an entry. In this case, the book must contain a record of dismissal (if an appointment was made) and a record of new employment.
- By signing an additional agreement to the current employment contract. In this case, after preparing the appropriate document, the personnel officer can make an entry in the labor record.
Thus, regardless of which of the proposed methods the company uses, if a part-time worker becomes the main employee, an entry in the work book is required.
