Internal part-time vacancy: features of concluding a contract

According to the law (Labor Code of the Russian Federation), an employee is not required to work only one job. If desired, he can find a part-time job in his free time from his main job. Such a part-time job will be a part-time job. In this case, a separate employment contract is concluded with the employee. Moreover, a part-time contract is drawn up, even if the employee additionally works in the same place where he is employed at his main place of work. In this article, we will look at the features of a part-time employment contract, the main restrictions and conditions that must be reflected in it, and also provide a sample of filling out a 2021 employment contract with a part-time worker, which can be downloaded for free.

Also see:

• Is it necessary to take SZV-TD for part-time workers (internal and external)
• Employment contract with an external part-time worker: example 2020

What is part-time work

The Labor Code of the Russian Federation considers part-time work as an employee performing other regular paid work under the terms of an employment contract in his free time from his main job (Article 282). In this case, combination happens:

• internal - when an employee is employed by one employer both at his main place of work and part-time;
• external - the employee works at his main place of work and for another employer.

Why do you need a contract?

Part-time work, both external and internal, is based on an employment contract concluded by the parties to the labor relationship: the employee and the employer. Let us remind you that part-time work is considered to be work performed under a separate employment contract in time free from the main job (Part 1 of Article 282 of the Labor Code of the Russian Federation).

An external part-time worker is an employee who works for several employers. While an internal part-time worker works under several contracts in one organization (for one individual entrepreneur).

The Labor Code imposes temporary restrictions on part-time work. So, as a general rule, a part-time worker should not work more than 4 hours a day (Article 284 of the Labor Code of the Russian Federation).

Work in excess of this norm is allowed if the part-time worker is free from his main job, for example, he is on vacation at his own expense. However, this should not be considered as an opportunity to work 8 hours continuously. After all, according to the results of the accounting period adopted by the organization (month, quarter, etc.), the time worked by him cannot exceed half of the norm established for ordinary employees.

How to get a part-time job

Both external and internal part-time jobs are formalized with a separate employment contract and employment order. These documents must clearly state the work schedule of such an employee.

When hiring a part-time job, the employee must be asked for the same documents as for hiring the main job, except for the work book (Article 283 of the Labor Code of the Russian Federation).

It is not necessary to write an application for admission to a part-time student . But at the request of the employer, it can be attached to the main documents.

Sometimes other documents may also be required from the part-time worker. In particular:

• a certificate stating that his main work is not hard (harmful or dangerous) if he is hired for hard work or work with harmful (dangerous) working conditions (Article 282 of the Labor Code of the Russian Federation);
• a certificate stating that he does not work at his main place of work as a driver if he is hired for the same position (Article 329 of the Labor Code of the Russian Federation);
• permission for part-time work received from the general meeting of participants of the organization (board of directors) where he works at his main place of work - if the head of another organization is hired (Article 276 of the Labor Code of the Russian Federation).

Part-time work may not be included . does not prohibit this : if the employee wishes, the employer must make an entry in the work book.

An external part-time worker is registered by the employer at the main place of work on the basis of an order for employment as a part-time worker (Article 66 of the Labor Code of the Russian Federation).

But it is mandatory . Moreover, even if the employee wrote an application to retain a paper work record book.

What does this mean, definition

An employment contract for part-time work is a document confirming the conclusion of the relationship between the employer and the employee, which clearly states the conditions for this type of activity.

According to the definition of the Labor Code of the Russian Federation, part-time work is the performance by a person of work duties in his free time from activities at his main place of work. This is additional employment, officially registered.

Features of part-time work:

• it is considered regular and paid
• working time is strictly regulated by law: it should not take up more than half the duration of the main hourly working day (be no more than 4 hours a day for a standard working day and not exceed 1/2 of the standard hours for shift work)
• social guarantees and benefits (allowances, sick leave, bonus system) are provided in the same manner as other employees, but taking into account the number of hours worked
• Leave to employees is provided simultaneously with leave from their main job and does not depend on the general leave schedule in the organization.
• it is impossible to combine the main work activity with harmful working conditions with the same part-time job

There are two types of part-time work:

• external – when a person has a main job in another organization
• internal - combining several positions in one company, confirmed by the written consent of the employee and paid additionally

An employment contract with a part-time worker must be concluded in writing and drawn up in two copies, one of which is given to him in his hands, and the other remains for storage in the personnel department of the enterprise.

For some categories of persons there are restrictions or prohibitions on performing part-time work established by law (Article 282, Article 329, Article 276, Article 348.7 of the Labor Code of the Russian Federation, Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41).

Features of an employment contract with a part-time worker

An employment contract for part-time work must necessarily include all the conditions provided for by labor legislation.

Among the main features of a part-time employment contract are the following:

1. The law does not prohibit part-time employment in the same position as the main place of work.
2. The employer must set part-time .
3. The contract must state that the employee is a part- time worker (it is not necessary to indicate what kind of part-time worker he is - internal or external) (Part 4 of Article 282 of the Labor Code of the Russian Federation).
4. A part-time employment contract can be fixed-term if both parties agree to this (the period for which the contract is concluded must be specified).
5. The contract may provide for a probationary period (if the employer wishes).
6. A separate paragraph must include information about the remuneration of a part-time worker.
7. The employer does not have the right to stipulate in the contract that the employee cannot work in other organizations. Indeed, in accordance with the law, the number of employers cannot be limited. And the contract should not indicate conditions that worsen the employee’s situation.

Structure and pattern

Such an agreement is practically no different from the document signed during the standard hiring of a new employee for a vacant position.

The only important point is an indication of the fact that this job is provided to an employee applying for a part-time job. That is, the employee is hired for an additional job with all the peculiarities of work activity arising from this fact.

The document structure looks like this:

• At the top, in the header, information is entered on the name of the document, the location of the legal entity and the date of signing the document (the date, month and year are indicated).
• The parties involved in the signing are listed below. One party is the employer (his representative who has full authority to sign), and the other is the employee applying for the vacancy. The full name of the organization or enterprise must be entered.
• The following paragraph details the subject of this agreement. The position for which the employee was hired is indicated. If we are talking about performing only certain functions, it is indicated here what kind of work the employee undertakes to perform. The address of the workplace location is entered. This can be either the central office or a branch of an enterprise or organization. It is indicated to whom exactly the employee should report.
• A separate paragraph clarifies the validity period of the document. It can be either urgent, with a limited period of validity, or unlimited, that is, without a limitation in validity. It also indicates from what date the agreement came into force.
• Another important point is devoted to the description of the terms of payment for labor activities. It is important to indicate here that a person receives an amount accrued in proportion to the time worked. If, according to the Regulations on bonuses, the employee is entitled to additional payments, this fact is also recorded in a document indicating the date of publication of this Regulation and its number.
• The next paragraph is devoted to the working hours and the procedure for granting vacation periods. The beginning and end of the working day are indicated here, taking into account the requirements for part-time workers (no more than 4 hours on weekdays!). Annual leave cannot be less than 28 days. In addition, it is provided simultaneously with leave from the main place of work.
• The following lists the rights and all responsibilities of the employee. In addition to the main functions specific to a particular workplace, all standard conditions are indicated. For example, careful handling of property or material assets belonging to the employer is required.
• The next paragraph lists the main responsibilities and rights for the manager (employer). He has the right to terminate the contract and award money as a reward for excellent performance or other merits of the employee. The main responsibilities include timely payment of wages, provision of vacation periods, and so on.
• All conditions of social insurance are covered separately. All insurance premiums required by law will be paid for the employee.
• The following indicates in what cases liability for damage occurs.
• The last paragraphs list all the grounds for termination of the contract, and also indicate the procedure for resolving possible disputes.
• At the bottom are signatures, a wet seal of the organization or enterprise, and the details of the parties are indicated.

A sample form of an agreement with an internal part-time worker can be downloaded here.

You will be interested to know the answer to the question: can a husband receive maternity benefits? Got sick on vacation? Do you want to apply for sick leave? Read here how to do it correctly. You can find out the competent advice and information you need on calculating maternity benefits in our article.

Part-time work schedule in the employment contract

When hiring an employee, the employer is obliged to inform him about the work schedule, since the employee must know what days are his days off. Therefore, if an employee has the opportunity to work full-time for some days, it is advisable to immediately inform the employer about this and stipulate this in the employment contract. However, if the employee learned about this possibility after signing the employment contract, it can be supplemented by drawing up an annex to it indicating a new work schedule - more convenient for the employee.

There are restrictions on working hours during which a part-time employee must perform his or her job duties. In general, this is no more than 4 hours a day . However, there are no minimum restrictions . That is, a part-time worker may well work only 1 hour or two a day.

Due to restrictions on working hours, special attention paid to drawing up a work schedule for a part-time employee.

EXAMPLE

When hiring employee Alexander Pavlovich Grigoriev, he will have a 5-day working week. That is, he will work for 5 days and rest for 2 days. If the accounting period is 1 week, then Alexander Pavlovich’s working hours should be no more than 20 hours per week. However, it is not at all necessary for Alexander Pavlovich to work exclusively 4 hours a day. He can work one day for 8 hours (for example, on Monday, because on that day he has a day off from his main place of work), and another - 2 hours. That is, it is not necessary for a part-time worker to work the same number of hours every day. But it is important that during the established accounting period the part-time worker does not exceed half the standard working time (Part 2 of Article 57, Part 1 of Article 284 of the Labor Code of the Russian Federation).

If a person works part-time in several different companies, his employers are not obliged to adjust his work schedule to each other. individually at each workplace .

in detail in the contract if it does not coincide with that established for the majority of the organization’s employees.

If the work schedule for part-time employees is specified in the labor regulations, then it does not need to be specified - it is enough to make a reference to them (part 2 of article 57, part 1 of article 100, part 4 of article 189 of the Labor Code of the Russian Federation ).

A break for rest and food is considered optional for part-time workers if their working day is less than 4 hours . But if a part-time worker sometimes works full time, when he is free from his main job, a break is necessary: ​​it should be from 30 minutes to 2 hours a day (Part 1 of Article 108, Article 284 of the Labor Code of the Russian Federation).

also important to include in the employment contract with a part-time employee a provision for annual paid leave . In this case, the employer must take into account the requirements of Art. 286 of the Labor Code: in particular, that the vacation of a part-time worker must coincide with the vacation at his main place of work.

Employment contract for external part-time work: download sample

The employment contract for external part-time work stipulates:

• In the “General Provisions” section there is wording that: work under the concluded contract is carried out on the basis of external part-time work;
• working conditions at the part-time worker’s workplace are not harmful or dangerous (for example, “optimal”), indicating the date of the special assessment, if one was carried out.
• If the conditions are harmful and dangerous, you must ask the hired employee for a certificate from the main place of work stating that the conditions there are not the same (Article 283 of the Labor Code of the Russian Federation). If so, you will have to give up part-time work.

Who cannot be hired for part-time work?

The Labor Code provides for restrictions on part-time work (Articles 282, 329 and 276 of the Labor Code of the Russian Federation).

Thus, the following cannot be hired as part-time workers:

• minors (under 18 years of age);
• state and municipal employees;
• persons at work with harmful (dangerous) working conditions - if they already work under the same conditions at their main place of work;
• persons in work directly related to driving vehicles or controlling the movement of vehicles - if they are already working under similar conditions at their main place of work;
• military personnel (exceptions: teaching, scientific and creative activities, if they do not interfere with the performance of military duties);
• security guards - in relation to public service and paid work in public associations;
• judges, lawyers, prosecutors (exceptions: teaching, scientific and creative activities);
• heads of organizations (without permission for part-time work received from the general meeting of participants of the organization/board of directors where they work at their main place of work).

Working hours

It has already been said above that part-time work is employment outside working hours at the main place of work. It is most common in the following areas: education, culture, medicine, etc.

According to Art. 91 of the Labor Code of the Russian Federation, a full work week (full rate) for ordinary categories of workers should not exceed 40 hours (8 hours a day with a standard five-day work week). But for part-time workers Art. 284 limits the number of working hours to 20 hours per week (that is, 4 hours per day).

True, on days that are non-working at the main place of work, a part-time worker can work full-time (shift) for a second employer.

Please note that for certain categories of workers the following time frames for this type of employment are established:

• disabled people of groups 1 and 2 can work no more than 17.5 hours a week;
• persons working in hazardous conditions of the 3rd and 4th degrees, as well as in dangerous conditions, can work part-time for no more than 18 hours;
• teachers, health workers and pharmacists can work half their normal working hours.

During the accounting period, a part-time worker must work no more than half of the standard working hours established for the same period for the corresponding category of employees. This instruction is contained in Article 284 of the Labor Code of the Russian Federation. It follows from this that external part-time work is issued at 0.5 rates or less. At the same time, the contract indicates that the employee has been hired part-time and his working and rest hours are fixed.

What should a part-time employment contract be like: an example

Many people are interested in whether it is possible to download a ready-made part-time agreement (sample), change the details of the part-time partner and employer in it, and print it out? Theoretically, yes, this is quite possible. However, no sample part-time employment contract can provide for all the nuances of employment that are important for each specific employer and employee. Therefore, before using a ready-made sample contract, you need to carefully re-read it and pay attention to all the features of employment.

The greatest attention should be paid to information about the work schedule , if the part-time worker has it different from the one established for the majority of the organization's employees. You also need to double-check that the contract indicates that the employee is a part-time worker.

According to the standard, an employment contract with a part-time worker is concluded in 2 copies, each of which must be signed by the employer and employee. On the employer's copy, the employee must sign that he has received his copy of the employment contract.

The standard form of such an agreement is suitable for micro-enterprises and if the employer has completely or partially refused to accept local regulations.

Next, from our website you can download a free employment contract (sample 2021) for an external part-time worker:

SAMPLE EMPLOYMENT AGREEMENT ON EXTERNAL PARTNERSHIP

Below you can download an agreement for an internal part-time worker (sample 2020):

SAMPLE EMPLOYMENT AGREEMENT ON INTERNAL PARTNERSHIP

And here is the employment contract with the part-time director (sample 2020):

SAMPLE EMPLOYMENT AGREEMENT WITH A PART-TIME DIRECTOR

Where to download a free sample contract for external part-time work

You can download a part-time employment contract for 2021 using this link.

In addition to the above aspects, the proposed sample part-time employment contract provides for:

• determination of a part-time job;
• salary payment procedure;
• internship;
• list of documents for employment;
• list of internal regulations that must be read.

Termination of an employment contract with a part-time worker

The procedure for dismissing part-time workers is generally similar to the procedure for dismissing employees who are employed under the main employment contract. But there are also some peculiarities.

The following stages of dismissal of a part-time employee can be distinguished:

1. Upon dismissal as a result of staff reduction or the hiring of an employee for this position, for whom this work will be the main one, the part-time employee is sent a notice of termination of the employment contract. When dismissing an employee at his own request, there is no need (the basis will be a resignation letter from the employee).
2. The employer issues a dismissal order.
3. The notice of dismissal is entered into the personal card of the part-time employee.
4. At the request of the part-time worker, a record of dismissal is made in his work book.

The legislation does not establish the employer’s obligation to make a record of employment as an external or internal part-time worker in the work book (clause 20 of the Rules for maintaining and storing work books, producing work book forms and providing employers with them, approved by Decree of the Government of the Russian Federation of April 16, 2003 No. 225) . Therefore, information about part-time work (hiring and dismissal) is entered into the work book solely at the request of the employee. At the same time, they make a clarification that we are talking specifically about part-time work.

The dismissal stages are identical for internal and external part-time workers. The only difference is in the procedure for making an entry about employment and dismissal in the employee’s work book. Difficulties in this case may arise for an external part-time worker, because his work book is kept by the employer at his main place of work. Therefore, a record of employment and dismissal can be made by the employer at the main place of work. To do this, the employee must contact him with a request (preferably in writing ) and provide an order for dismissal from his second job.

Concept

External part-time work is a type of additional work outside the company (enterprise) where the citizen works at his main place. That is, a second job that he performs without prejudice to the first and where he is involved in his free time from performing his main duties.

Such activity obliges the employee:

• combine the performance of duties to the full extent established by the provisions of the TD;
• work part-time only in your free time from your main job.

External combination is considered to be only employment with another employer while maintaining a job with the first one.

An external part-time worker can only be an adult who has registered official employment at the main and additional place of work, except in cases where:

• the main place is a public service;
• main and additional work is associated with harmful or dangerous conditions;
• in other cases provided for by law.

All provisions related to this type of labor organization and registration in a position are regulated by Article 282 of the Labor Code of the Russian Federation.

We wrote about what internal part-time work is and how to formalize it in a separate publication.

Notice of termination of the contract with a part-time partner

The form of notification of termination of an employment contract with a part-time worker is arbitrary (there is no normative one). It is sent to the employee at least 2 weeks before dismissal.

The notification must indicate:

• FULL NAME. and part-time position;
• notice of dismissal;
• date.

Further on the link you can see notifications of termination of the contract (dismissal) with a part-time worker:

NOTICE OF TERMINATION OF AN EMPLOYMENT AGREEMENT WITH A PART-TIME WORKER

Results

Each employee has the right to work part-time. Such work is formalized in the same way as the main one - with an employment contract.

The contract must clearly state that it is concluded with a part-time partner.

Russian labor legislation provides for a number of features regarding the registration of employment of a part-time worker, which must be formalized in the employment contract. For the most part, these features relate to technical details - working time and rest, work schedule, and wages.

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23.04.2020