The definition of part-time work is given in Art. 282 Labor Code: this is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. There are two types of part-time work:
- internal (one employer at the main place of work and part-time);
- external (in addition to the main job, the employee performs other work for another employer).
Elements of part-time work are indicated in Part 1, Part 2 and Part 3 of Art. 282 TK:
- performing other, in addition to the main, regular paid work;
- work is performed in free time from main work;
- the work is performed under a part-time employment contract;
- the number of employers with whom an employment contract for part-time work is concluded is not limited;
- work can be performed both for a single employer at the main place of work on an internal part-time basis, and with other employers on an external part-time basis;
- the employment contract contains an indication that the job is a part-time job.
Who should not work part-time?
For some employees, there are prohibitions or restrictions on part-time work. These categories of workers include those who have not yet turned 18 years old - they are prohibited from working part-time. Also, part-time work is prohibited for an employee who performs activities for the main employer that involve harmful or dangerous working conditions, if the part-time work is also associated with similar working conditions. Art. warns about this. 282 TK.
In Art. 329 of the Labor Code states that part-time work related to driving vehicles or controlling the movement of vehicles is not allowed for those employees who perform similar work for the main employer.
For the head of an organization, part-time work is possible only if there is permission from the authorized body of the legal entity or the owner of the organization’s property, or a person authorized by the owner (Article 276 of the Labor Code).
In addition, part-time, according to Art. 2 of Law No. 63-F3 of May 31, 2002, a lawyer cannot work.
Employees of a private security organization are not allowed to combine security activities with civil service or with an elected paid position in public associations. In Art. 12 of the Law of March 11, 1992 No. 2487-1 will clarify that an employee of a private security organization cannot be the founder, director or other official of the organization with which this private security organization has entered into an agreement for the provision of security services.
An athlete or coach has the right to work part-time with another employer in a similar role only with the permission of the employer at the main place of work (Article 348.7 of the Labor Code).
What it is
The concept of part-time work is defined by Article 60.1 of the Labor Code of the Russian Federation as performing other paid work on a regular basis with the same or another employer in time free from the main job.
For example, an accountant for Alpha LLC is going to take on the responsibilities of an accountant for Beta LLC (external part-time job), or a contract specialist for Alpha LLC (internal part-time job). In these cases, an employment contract is concluded to perform part-time work.
Combination options are more varied - combining professions or positions, expanding service areas or scope of work, temporarily fulfilling the duties of an absent employee. However, with any type of combination, it is performed by the same employer during regular working hours (Article 60.2 of the Labor Code of the Russian Federation).
For example, an administrator agrees to replace the manager's secretary during her vacation. In this case, it is necessary to formalize the combination of positions by concluding an additional agreement to the employment contract.
Specifics of part-time employment
To apply for a part-time job, you will need the same documents as for hiring the main job, except for the work book. In Art. 283 of the Labor Code states that “when applying for a part-time job with another employer, the employee must present a passport or other identification document.”
An education document or a certified copy of it will become necessary if the work requires special knowledge and it needs to be confirmed.
In some cases, additional documents must be requested from the part-time worker:
- a certificate about the nature and conditions of work at the main place of work - for work with harmful or dangerous working conditions (Article 283 of the Labor Code);
- a certificate about the nature and conditions of work at the main place of work - for work related to driving vehicles or controlling the movement of vehicles (Article 329 of the Labor Code);
- permission from the authorized body of a legal entity or the owner of the organization’s property from the main place of work - to the position of manager (Article 276 of the Labor Code).
How to properly draw up an employment contract with a part-time worker
Letter of the Ministry of Labor dated 04.26.17 No. 14-2/B-357 reminds that in case of internal part-time work, in addition to the main employment contract with the employee, a second employment contract for part-time work must be concluded and, therefore, an additional order for employment must be issued for part-time.
The contract with a part-time worker is concluded within the same terms as with an employee for whom the work is the main one. Moreover, labor legislation allows a part-time worker to enter into a contract with an unlimited number of employers (of course, unless otherwise provided by federal law).
Mandatory elements of an employment contract with a part-time worker:
- an indication that the job is part-time;
- duration of working hours: it should not exceed 20 hours per week and 4 hours per day.
During one month (another accounting period), the duration of part-time work should not exceed half of the monthly (other) standard working time (standard working time for another accounting period) established for a part-time worker. But there are a number of exceptions to the general rule, fixed in Art. 284 TK:
- days on which the part-time worker is not employed at his main place of work;
- days when a part-time worker suspended work at his main place of work due to delayed wages;
- days when a part-time worker is suspended from work due to the fact that he is subject to transfer to another job according to a medical report, but this work is not available from his employer at his main place of work.
During all the periods listed above, a person can work part-time full time.
Entry in the work book of information about part-time work is made only by the main employer (Article 66 of the Labor Code), but under certain conditions:
- at the request of the employee;
- in the presence of a document confirming part-time work (a certified copy of the order for admission to part-time work or a certificate of admission to part-time work containing the details of the order for employment).
That is, a part-time employer does not have the right to make an entry in the work book about part-time work.
The employment contract with a part-time worker may contain an indication of its urgent nature. The conclusion of fixed-term employment contracts with a part-time worker by agreement of the parties is provided for in Part 2 of Art. 59 TK.
External and internal part-time work: differences
This type of part-time work is possible even for the same position. For example, a teacher lectures on one subject most of the time, and lectures on another in his free time. In such a situation, the teacher is recognized as an internal part-time worker, while working in the same position twice.
Another important difference is the procedure for making entries in the work book. If the part-time job is internal, the personnel officer makes the entry, and this is done without fail. In case of external part-time work, the employee has the right to independently decide whether there is a need to make an entry. After all, to do this you will have to notify the main employer, and only he will be able to make the necessary entry.
The nuances of part-time work for employees from the field of medicine, pedagogy, pharmacy and culture are regulated by Resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003 with regard to the type of activity, length of the working day, nuances related to remuneration, etc.
- judges;
- law enforcement officers;
- members of the government;
- lawyers;
- employees of the Central Bank of Russia;
- foreign intelligence workers;
- municipal employees;
- military personnel;
- employees and managers of security services;
- employees of the prosecutor's office;
- other government officials.
How are part-time workers paid?
Remuneration can be of different types:
- time-based - proportional to time worked;
- piecework - taking into account production;
- under the conditions established by the employment contract.
If a part-time worker is given time-based wages or wages for standardized tasks, then payments are made taking into account the final results for the amount of work actually completed.
Part-time workers are not covered by guarantees and compensation related to combining work with education. They are provided to employees only at their main place of work. The same rule applies to those who work in the Far North and equivalent areas.
But a part-time worker can count on the full scope of other guarantees and compensations provided for by labor legislation, collective agreements, agreements and local regulations.
Vacation for part-time workers
The main rule that applies in this case is the following: annual paid leave is provided to a part-time worker simultaneously with annual paid leave at the main place of work. Moreover, this is the responsibility of the employer.
What to do if the employee has not worked part-time for six months at the time of leave from his main job? In this situation, the employer will have to provide him with leave in advance.
What is the right thing for an employer to do if a part-time worker approaches him with a request for leave without pay on the basis that leave for part-time work is less than leave at the place of his main job? The answer to this question is given in Art. 286 Labor Code: the employer is obliged to fulfill this request and provide leave without pay for the number of days short of the duration of leave at the main job.
Combination
It’s worth starting with a description of combination and part-time work, since without definitions it will be difficult to grasp the difference. So, combination is the fulfillment by an employee of additional tasks assigned to him by the employer. When combined, the employee’s field of activity does not change, and he himself does not leave his workplace - the scope of his responsibilities simply expands. Combination is used when performing urgent work as an alternative to overtime, as well as when necessary to replace an absent employee.
Dismissal of part-time workers
An additional basis for termination of an employment contract is the hiring of an employee for whom the part-time job will become the main one, this is stated in Art. 288 TK. In this case, the employer is obliged to warn the part-time worker in writing about his plans two weeks before the termination of the employment contract.
It is worth paying attention to the fact that the law does not allow early termination of an employment contract with part-time workers working under a fixed-term employment contract in connection with the hiring of another employee, that is, on the basis provided for in Art. 288 TK. In this case, dismissal of the employee is possible only on general grounds.
When dismissing a part-time employee, follow the following steps:
- Determine the basis for terminating the employment contract with a part-time worker, make sure you are not breaking the law.
- Provide the part-time employee with notice of dismissal at least two weeks before termination of the employment contract.
The notification text might look like this:
“In accordance with Art. 288 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you on a part-time basis dated _________ (date and number) for an indefinite period will be terminated 2 (two) weeks from the moment you receive this notice in connection with the hiring of an employee for whom this work will be the main one.”
You will need to make two copies of the notice: for the employee and for yourself (on the employer’s copy, the part-time worker puts a mark of familiarization - date, full name and signature.
- Issue a dismissal order.
In the document, put the date and formulate the grounds for dismissal, indicating the details of the notice of termination of the employment contract.
On the last day of work of the part-time worker, familiarize his employee with the order for signature.
Enter information about dismissal into the employee’s personal card.
- Pay wages and required compensations, issue documents.
All payments must be made on the day of dismissal. If the person did not work on that day, then payments are made no later than the next day after the dismissed employee submits a request for payment.
- Send information about the dismissal of an employee subject to military registration to the military registration and enlistment office.
The information is sent within two weeks - in the form specified in Appendix No. 9 to the Methodological Recommendations for maintaining military records in organizations approved by the General Staff of the Armed Forces of the Russian Federation.
It is important to have written confirmation of sending information to the military registration and enlistment office.
- Notify the bailiff and the collector, as well as the person receiving alimony, of the dismissal of the debtor employee.
The employer is obliged to immediately notify the bailiff about the dismissal of the employee from whose wages deductions were made under the writ of execution, and return this document to them.
Information about the dismissal of the alimony debtor is sent within three days to the bailiff and the alimony recipient.
In both the first and second cases, it is important to have written confirmation of sending messages to the bailiff.
