Features of registration of an external part-time employee according to the Labor Code of the Russian Federation

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Published: 07/20/2016

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Part-time work is a fairly common type of labor relationship, which involves the employee performing certain job functions during periods free from his main work activity.

A working citizen can become a part-time worker an unlimited number of times if his physical capabilities allow such activity - in this area, workers are not limited by legislative norms.

The main feature of such activity is the presence of a special agreement concluded with one or more employers. At the same time, the employee has a primary occupation that is officially registered. A part-time worker works at an additional place of work exclusively in his free time.

Legislation
Registration procedure
Operating mode
Similarities and differences

Concept

Permission for parallel employment in other organizations is not required . The main rule for registering a part-time job is that the person has a primary place of employment and free time to perform other duties.

Russian legislation does not limit citizens in terms of the number of additional jobs. This circumstance depends only on the desires and capabilities of the workers themselves. It is important not to confuse this concept with combination and internal part-time work.

In this case, the difference between external and internal part-time work lies only in the place of work, in the first case - in another organization, in the second - with the same employer before or after the time of the main job .

But combining is a completely different concept, which implies expanding the responsibilities of the current position or performing work in two positions during working hours .

Registration of a part-time employee according to the Labor Code of the Russian Federation

According to the laws of the Russian Federation, all employees must be officially employed. At the same time, they give the HR department the same documents as when applying for employment at the main place. As for the work book, it is problematic for many applicants to provide the original, since it is located in another organization. But personnel officers are required to issue a certified extract upon a person’s request.

In addition to the employment extract, the applicant needs the following documents:

application for admission;
passport;
schedule from permanent place of work;
a certificate from a permanent place of employment confirming that the employee’s activities are not associated with harmful production conditions and excessive physical exertion.

When all documents are provided, an agreement is drawn up with the organization where the citizen will work part-time.

The procedure for hiring a second job involves the following procedure:

The candidate writes an application for admission and submits a package of documents.
The HR department of the organization draws up an employment contract.
The manager issues an employment order. Even in the absence of an order, the contract is recognized as valid and entered into force immediately after the employee begins to perform his direct official duties;
The HR and accounting departments generate a personal card and open a current account (if necessary). The employee is assigned a personnel number.

If an employee wants a record of a second place of employment to be entered on his employment record, the enterprise gives him a copy of the employment order, which he takes to his permanent place of work.

Restrictions

Restrictions on part-time work are discussed in part five of Article 282 of the Labor Code of the Russian Federation. In particular, we are talking about the fact that this type of activity is not permitted:

minor citizens;
civil servants and employees of municipal institutions;
judges;
persons who manage state unitary enterprises;
people holding certain positions in the Bank of Russia.

In addition, Russian legislation warns that people who directly drive vehicles during main working hours are not allowed to simultaneously perform similar work in another place (Article 329 of the Labor Code of the Russian Federation). Also, workers employed in hazardous and hazardous industries are prohibited from performing duties in their free time under the same conditions at the place of second employment.

Regulatory regulation

Part-time job

Part-time work is the performance of one more (besides the main) labor function for a fee (Article 282 of the Labor Code of the Russian Federation):

on the basis of a separate employment contract;
in free time from main work.

Part-time work can be:

internal - with the same employer with whom the main employment contract was concluded;
external - from another employer.

The employment contract must indicate that the work is performed part-time (Article 282 of the Labor Code of the Russian Federation).

For some categories of workers, part-time work is prohibited by the Labor Code or Federal Law, for example, persons under 18 years of age (Article 282 of the Labor Code of the Russian Federation).

Categories of employees for whom part-time work is prohibited or limited

BAN
Persons under 18 years of age	Art. 282 Labor Code of the Russian Federation
Persons engaged in harmful or dangerous work, if part-time work involves the same conditions	Art. 282 Labor Code of the Russian Federation
Employees whose work is directly related to driving vehicles or controlling the movement of vehicles, if the nature of the part-time work is similar to the main job	Art. 329 Labor Code of the Russian Federation
Members of the Government of the Russian Federation	Art. 11 of the Federal Constitutional Law of December 17, 1997 N 2-FKZ
Judges of the constitutional court, lawyers, prosecutors and employees of internal affairs bodies	Part 1 Art. 11 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ, paragraph 1 of Art. 2 of the Federal Law of May 31, 2002 N 63-FZ, paragraph 5 of Art. 4 of the Federal Law of January 17, 1992 N 2202-1, part 4 of Art. 34 Federal Law of November 30, 2011 N 342-FZ
Military personnel, commanding officers and employees of the federal courier communications, personnel of the foreign intelligence agencies of the Russian Federation, employees of the Federal Security Service	clause 7 art. 10 Federal Law of May 27, 1998 N 76-FZ, Part 5, Art. 9 Federal Law of December 17, 1994 N 67-FZ, Part 6, Art. 16.1 of the Federal Law of 03.04.1995 N 40-FZ
Bank of Russia employees holding positions, the list of which is approved by the board of directors	Art. 90 of the Federal Law of July 10, 2002 N 86-FZ
Heads of state and municipal educational organizations and their branches	Part 5 Art. 51 Law No. 273-FZ
RESTRICTIONS
Heads of the organization	Part 1 Art. 276 Labor Code of the Russian Federation
Heads of security companies, as well as security guards	Art. 12 of the Law of March 11, 1992 N 2487-1
State and municipal employees	Art. 17 Federal Law of July 27, 2004 N 79-FZ, art. 14 Federal Law dated March 2, 2007 N 25-FZ
Pedagogical, medical, pharmaceutical and cultural workers	clause 1 of the Resolution of the Ministry of Labor of Russia dated June 30, 2003 N 41

Combination

Combination is the performance of additional functions by an employee within the limits (Article 60.2 of the Labor Code of the Russian Federation):

the same employment contract;
working day at the main place of work.

Additional job responsibilities and performance of functions of an absent employee are formalized by an additional agreement to the employment contract.

At 0.5 bets

For part-time workers, the “ceiling” is four hours a day and the total working time per month established for those who work full-time in similar positions (Article 284 of the Labor Code of the Russian Federation). When applying for a second (third and so on) job, you can:

take not the maximum 0.5 rate, but a smaller share, for example, 0.3 or 0.25;
not work every day or full week.

The main thing is that this is spelled out in the text of the contract on the beginning of the employment relationship.

Part-time job features

Part-time and combination

The concepts of combination and part-time are similar, but have several key differences. For example, for combination purposes, no documents will be required for registration and separate leave will not be provided. Read more in this article

The duration of a part-time worker’s working day, according to Article 284 of the Labor Code of the Russian Federation, cannot exceed 4 hours. Thus, an employee is usually registered for no more than 0.5 times the salary. Part-time work cannot exceed twenty working hours per week. If a person has two or more additional jobs, then the total working time cannot be more than twenty hours. At the same time, a part-time worker has the right to work the entire working day when, according to the work schedule at his main place, he has a day off.

External full-time part-time work is allowed in the following situations:

temporary suspension of activities at the main place of work due to late payment of wages;
An employee at his main place of work was temporarily suspended from performing his duties due to medical reasons.

Leave for a part-time worker must be granted at the same time as at the main place of work. If the duration of part-time leave is shorter, the employee is given leave without pay.

A part-time worker has the same guarantees and compensations as employees at their main place of work. These include:

the right to preferential conditions for combining work and study;
additional benefits for employees in the Far North;
other guarantees provided for by labor legislation.

In the event of temporary incapacity for work, the part-time worker is obliged to provide sick leave similar to that for the main place of work. Moreover, this sheet indicates that this work is not the main one for an individual.

Full time

Sometimes such work is allowed. Alternatively, during a period when he is completely or partially free from official functions at his main job. In this case, an additional agreement is being developed to the employment contract , which will show for how long and why a person is allowed to work part-time full time. The basis for the agreement will be the document from the main work.

For example, we can take the situation with a school teacher. Everyone knows that teachers have long vacations. Someone M. decided to work during his summer vacation. Based on a certificate from the school confirming that this specialist is free and on annual leave during the specified period of time), M. got a job under a fixed-term part-time contract as a tour guide at the museum.

Advantages and disadvantages of part-time work

Part-time work is considered from the perspective of the employer and the employee.

Individual entrepreneurs strive to find options that are most profitable for them, including hiring for various positions without official registration. For the employer, the benefits and disadvantages are as follows:

Benefits for the employer	Disadvantages for the employer
You can find a highly qualified specialist for a small salary.	A situation may arise in which information is transferred to direct competitors through a part-time worker.
Finding willing people to work part-time is easier and cheaper.

For a part-time employee:

Benefits for the employee	Disadvantages for the employee
Gain additional knowledge and experience	Combination of vacation schedules at the main job and part-time, sometimes you have to lose part of the vacation at one of the jobs
In case of dismissal from the main job, insurance remains available at the place of part-time work
Test yourself and your abilities in another matter	Time discrepancy between work
Get the necessary communication skills	Lack of free time due to workload
Paid sick leave	Lack of free time due to workload

Important! When planning to take on additional work, you need to carefully study the legal framework in order to avoid troubles in the future

Salary

Remuneration for non-core employees should be calculated:

in proportion to the time actually worked, if the salary is established;
based on the actual results of labor, if there is a daily volume of work that needs to be completed (this also happens with a salary).

If a piece-rate form of accounting and payment for labor results is in effect, then wages are also calculated taking into account the actual work performed. These issues are covered in detail in Art. 285 Labor Code of the Russian Federation.

Types of part-time work and the work received

According to the Labor Code of the Russian Federation, part-time work has the following varieties:

internal. This means that an employee works within the same enterprise, but in different departments;
external. In this case, the employee works in different companies.

At the same time, Russian legislation does not prohibit combining both types of part-time work, provided that a person is not subject to a strong physical and moral burden. Internal part-time work involves working for one boss within one organization, while the citizen performs additional duties in his free time from his main job.

This type of combination is considered profitable and convenient, since an employee can be within the same organization and not waste extra time on traveling and familiarizing himself with the regulations of the new company.

With external part-time work, a citizen also works in his free time from his main job, but outside the main company. In this case, the Russian has additional privileges. For example, he may receive additional vacation days from a second employer. To do this, you only need to provide documentary evidence that the employee has a second job.

The unifying factor for both types of part-time work is wages, which are usually proportional to the period worked. In both cases, a Russian can qualify for work allowances, bonuses, and interest. The main provisions for calculating wages can be seen in Art. 285 of the Labor Code of Russia.

Guarantees and compensation

They are provided to part-time workers to almost the same extent as to main employees. For example, they are entitled to regional coefficients if they are available in a given area. The exceptions are guarantees and compensation:

for part-time workers who work in the Far North and equivalent territories;
for persons combining work and study in secondary and higher educational institutions.

In these cases, a person can only take advantage of privileges at his main place of work.

External sharer operating mode

Above we dealt with the working hours of a part-time worker; in this section we will talk about the working conditions of a part-time worker.

If part-time work involves harmful or difficult conditions, the part-time worker must bring a certificate from his main place of work that he does not perform such work there - otherwise the employer does not have the right to hire him for such work. External part-time work cannot be carried out in harmful conditions if such conditions already exist at the main place of work.

The same applies to vehicle drivers and workers managing traffic flows.

Vacation

At the will of the employee, leave at the place of second employment is granted at the same time as at the main enterprise . If the part-time work experience in the organization has not reached six months, leave can be granted regardless of this fact, or the difference in the amount of days with annual rest at the main place of work can be compensated by providing unpaid days, which are issued upon application.

The issue of granting annual leave at the same time for all jobs occurs after the presentation of a supporting document from the main enterprise where the employee is employed. It could be:

a certificate stating that the employee is granted leave, indicating the timing;
a certified photocopy of the leave order.

An employee is not required to go on vacation at the same time at his first and second jobs. He has the right to use his free time at his own discretion, for example, to work extra at a second job.

Part-time workers signed under a fixed-term contract for up to 2 months are entitled to paid leave at the rate of two working days per month of work (Article 291 of the Labor Code of the Russian Federation).

Payment for external part-time work

An employee’s earnings depend on what form of remuneration was chosen when drawing up the contract - piecework or time-based. The level of earnings is also calculated based on the working rate of a Russian (0.5; 0.25).

The part-time worker receives the money he earns according to general rules, at the same time. At the same time, the additional employee also has the right to receive bonuses, allowances, and overtime. The amount of bonuses depends on the conditions specified in the employment contract.

The salary of a part-time worker is usually also specified in the employment contract:

indicate the full amount of the salary and with a note that payment is made based on data on the time worked;
the employer in the order indicates half the salary, based on the rate at which the person was hired;
the contract indicates half the salary, but with the amendment that 50% of the full salary comes from work at the main job.

In some regions of the country where various regional wage supplements apply, similar privileges are granted to part-time workers.

Wage

Remuneration for external part-time workers is carried out on the terms provided for in the staffing table for a specific position. Infringement of rights by reducing pay on the basis that the employee is a “stranger” is not allowed. Payment can be hourly, for the volume performed, or based on salary. The salary is fully included in the contract; in addition, the conditions must be included that payment is made in accordance with the time worked.

Additional payment up to the minimum wage for external part-time workers

It should also be taken into account that the salary of a part-time worker cannot be lower than the minimum established level, therefore the law provides for additional payments if, according to calculations, the salary does not reach the minimum level.

p>At the same time, if, for example, a part-time worker works by the hour for exactly half of the working week (and, accordingly, the billing period for which wages are calculated), his salary should not be lower than half of the minimum established wage.

Full-time external part-time worker

Can an external part-time worker work full time? When it comes to working hours, the answer is definitely no. In this case, we are dealing with full-time work and such work is already considered the main one, which must be documented.

If we are talking about payment, then this option is possible. At the request of the manager, a part-time worker can receive a full salary (the same as that of the main employees), if, for example, he has higher qualifications. Of course, this should be reflected in the employment contract.

Sick leave

Sick leave for an employee with additional income is paid in accordance with the standards specified in Federal Law 255. Receiving financial compensation for illness is possible if the Russian has worked at the main place of employment for more than 2 years. What nuances need to be taken into account:

If a citizen is officially employed in one workplace for 2 years, then he has the right to take two sick leaves in case of illness. Some of them are given to the boss of the main employee, the other - to the additional employee;
If a Russian changes jobs during the year, he is issued only one sick leave.

The legislation does not establish provisions about to whom a part-time worker should primarily take sick leave. A Russian can make his own choice.

Vacation and dismissal of part-time workers

Workers employed part-time in accordance with the Labor Code of the Russian Federation, Article 287, Part 2, have the same rights to the next annual paid rest of 28 days, while the length of the working day does not affect legal rest.

Important! A part-time worker has the right not to go to work on those days when he is not allowed to go on vacation simultaneously with vacation at his main place of employment; these days are not considered absenteeism (Resolution of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004, paragraph 39 No. 2).

The grounds for dismissal of an external part-time worker are generally accepted reasons:

freedom to choose an employer in connection with changes in the organization’s staffing table;
the worker's intentions;
a mutually agreed upon decision of both parties to the employment agreement.

A part-time worker, guided by Article 352 of the Labor Code of the Russian Federation, has grounds for self-defense, for seeking help from regulatory authorities, a trade union organization, and can appeal to the courts.

Dismissal is not allowed during any leave (regular or maternity leave, sick leave). The date of termination of the contract will be the day the vacation pay ends.

If an employee is hired urgently, it is impossible to dismiss him before the expiration of this period. The exception is disciplinary punishment and abuse of internal regulations, closure of the organization.

Regardless of the reasons for dismissal, all payments are made on the last working day.

Payments include:

last month's salary,
Compensatory additional payments in accordance with the contract for unused regular vacation.

When paying, the employee is given a work book filled with records of movement at work. It is recommended to check the entries made in order to make the necessary corrections in case of errors.

Part-time work is common in government agencies and private enterprises. It is important not to break the law when hiring people under such conditions.

How to hire a part-time worker, what guarantees are provided, wages, features of calculating disability benefits for part-time workers are described in this video:

Design features

The features are that a person:

must confirm that he has a place of work where he is registered on a permanent basis;
is not required to submit the original work record book.

All other conditions for registering internal and external part-time jobs are similar:

the text of the employment contract must necessarily indicate the condition of part-time work, with a share of the rate;
It should also contain information about the working conditions: part-time or week, indicating exactly which days and at what time he must perform the duties assigned to him. If a special work schedule is planned, this should be indicated.
Entry into the work book is made at the request of the employee and is not mandatory.

Statement

Many will ask: “What about the statement?” But no way. When applying for a job, an application has long been no longer required, since the basis for a person to begin performing his job duties is an employment contract, as well as an employment order issued on its basis.

Read more. What is the deciding factor for employment? The will of the employee, his consent to work under the agreed conditions, as well as the consent of the employer. Both parties express their “yes” by signing as parties to the employment contract.

How to register an external part-time worker

An external part-time worker, when applying for an additional place of work, provides the personnel service only with a passport, a document confirming his educational and qualification level, or a certified copy thereof. If he gets a job with dangerous or harmful working conditions, he provides a certificate that he does not have such conditions at his main job (Labor Code of the Russian Federation, according to the text of Article 283). He does not have to present his work record book: the document is stored at his main place of work.

What length of working hours can be provided for by the working hours of an external part-time worker?

At the request of a citizen, the personnel service draws up an employment agreement, an employment order, and a personal card. The length of service may not be reflected in it, since the personnel service does not have the citizen’s work book on hand. If at some point we are talking about paying for sick leave for a part-time employee, such information will be necessary. It is advisable to enter them on the basis of a copy provided by the main employer

An entry in the work book is made at the request of a part-time worker, usually in the main company where he works. The nature of the work, position, number of the part-time order are entered. For this purpose, a copy of it is issued at the place of part-time work.

Without main place of work

Part-time work without a main job is not permitted by law, because the main Russian document containing labor law norms and having the status of a federal law defines part-time work as “other regular paid work under the terms of an employment contract in time free from the main job . For this reason, before applying for “another” job, a citizen must confirm the availability of the main one. However, in practice there are situations when a person’s only “second job” turns out to be.

Example: Andrey M. worked as an engineer in the Atlant HOA, which was building a house, and part-time he was an estimator for another employer. Over time, the facility was built and handed over, and the Atlant HOA was closed. So Andrey M. found himself working part-time without having a primary place of employment. It all ended with the additional work becoming the main one, and the man was hired as an estimator on a full-time basis.

What does external part-time work mean?

According to current legislation, external part-time work is simultaneous employment in two organizations.

At the same time, one is the main place of work for a person, and in the second he works during a period of time free from his main type of employment. An external part-time worker is an employee working at two different enterprises. This type of activity is most widespread in medicine, science and culture.

External part-time worker according to the Labor Code of the Russian Federation

External part-time work according to the Labor Code of the Russian Federation is the simultaneous employment of a citizen at two enterprises. At the same time, one of the jobs for a Russian is permanent.

Work activities at an additional place are carried out during free time from the main place of employment. External part-time work in Russia is common in such areas as medicine and education.

According to Russian legislation, citizens engaged in almost any type of activity have the right to work part-time.

An exception may be those cases when Russians are officially employed in life-threatening enterprises or work in organizations that require heavy physical labor. The main provisions for part-time work are indicated in the Labor Code of Russia - Art. 282, 284, 285, 266. Before applying for additional work, you must familiarize yourself with all the nuances of such a procedure in order to avoid encountering troubles.

Termination of the contract

Part-time workers have an additional basis for terminating the contract when a new employee who is ready to work full-time is hired to replace a person doing work on a part-time basis. In such a situation, the part-time employee must be notified by letter of the upcoming dismissal 2 weeks in advance .

There are more features. A part-time worker working under a fixed-term contract concluded for up to two months, who decides to leave this place of work forever, must notify the employer in writing no later than 3 days before the date of dismissal .

In turn, an employer who is forced to part with his part-time workers who have entered into a fixed-term contract of up to 2 months, due to the liquidation of the organization or a reduction in staff or personnel, is also obliged to warn them about this.

Restrictions on accepting a part-time worker

The state cares about the physical health of citizens, therefore it sets certain restrictions on the ability to work part-time.
According to the terms of the Labor Code of the Russian Federation, the following citizens cannot get a part-time job:

minors;
Russians who work in enterprises with unhealthy working conditions and are planning to take a part-time job for a similar vacancy;
citizens whose main activities are related to transport management.

Russians who work in municipal structures can work for a second vacancy only after the consent of their superiors at their main job. The employer needs to understand that the employee will be able to fully perform his duties. Therefore, employees of municipal organizations can work in additional jobs for no more than 20 hours a week.

Judges, heads of districts, law enforcement officers, and customs officers cannot serve as part-time workers. Citizens working in the field of jurisprudence can combine their main job only with teaching or scientific activities.

Agreement with a part-time partner

So, when registering a part-time worker, you need to conclude an employment contract with him. In such an agreement it is necessary to indicate that the job for which he is applying is part-time (Article 282 of the Labor Code of the Russian Federation).

Also, in the employment contract for a part-time worker, it is necessary to establish the working hours and rest time for the part-time worker. It is clear that these conditions will depend on the conditions under which the employee gets a job. The most popular part-time options are working at 0.5 and 0.25 rates. In addition, you need to specify a condition for annual leave. After all, the vacation time of a part-time worker depends on the vacation time at his main job.

how to register an employment record

If a citizen wants to register additional employment in his work book, he must contact his main employer.

In this case, the employee undertakes to somehow confirm part-time work using the appropriate documentation:

a copy of the employment certificate signed by the employer;
a certificate from the accounting department from an additional place of employment.

Certificates from a third-party organization must contain the signatures of management and a personnel employee. Otherwise, it will not be possible to make an entry in the work book. After the Russian receives the certificate, he needs to contact his boss at his main job and write an application with a request to make an entry in the work book. It is entered in the following sequence:

designation of the serial number of the record;
date of hire of the employee;
part-time employee's specialty.

If a citizen is dismissed from a part-time job, he will also need to indicate this in the work book. If a Russian leaves his main job, the second job does not automatically become full-time. If you want to work here full-time, the employee must initially terminate the part-time contract with the organization and draw up a standard employment document.

Nuances of working conditions

Part-time work has some nuances that may result in administrative violations. An employee working part-time cannot work in a second position with a load of more than half the standard working rate.

A part-time worker has the opportunity to work in a second position for no more than 4 hours per day. Per week - no more than 20 hours. If the indicators are exceeded, the employer may be held liable. Moreover, on those days when the employee is free from his main job, he can work full-time in an additional vacancy.