Hiring part-time: registration rules. Part-time work, internal and external, draw up an employment contract, book

The organization is considering candidates for the position of part-time driver. A personnel specialist knows that there are certain categories of workers who are prohibited from working part-time. I don’t want to break the law, so I need to decide whether it’s possible to work part-time as a driver? Our experts have prepared an answer to this question especially for readers of the portal.

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 extra work is carried out 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, the employee may have labor Relations with an unlimited number of organizations (Part 2 of Article 282 of the Labor Code of the Russian Federation).

Not everyone can be part-timers

• minors (Part 5 of Article 282 of the Labor Code of the Russian Federation);
• state and municipal employees (Article 17 Federal Law dated July 27, 2004 No. 79-FZ, art. 14 Federal Law dated March 2, 2007 No. 25-FZ);
• military personnel, except for teaching, scientific and other activities creative activity, which does not interfere with the execution military service(clause 7 of article 10 of the Federal Law of May 27, 1998 No. 76-FZ);
• guards regarding civil service and paid work in public associations (Article 12 of the Federal Law of March 11, 1992 No. 2487-1);
• judges, lawyers, prosecutors, except for teaching, scientific and other creative activities (clause 3 of article 3 of the Federal Law of June 26, 1992 No. 3132-1, clause 1 of Article 2 of the Federal Law of May 31, 2002 No. 63- Federal Law, clause 5, article 4 of the Federal Law of January 17, 1992 No. 2202-1).

In addition, current legislation imposes restrictions on part-time work for persons hired:

• with harmful or dangerous working conditions, if their main work is harmful or dangerous (Part 5 of Article 282 of the Labor Code of the Russian Federation);
• related to management vehicles or controlling the movement of vehicles, if at their main place of work they do the same (Part 1 of Article 329 of the Labor Code of the Russian Federation, List, approved by Decree of the Government of the Russian Federation of January 19, 2008 No. 16);
• heads of organizations.

Hello! In this article we will talk about full-time part-time work.

Today you will learn:

1. What is part-time work and how does it differ from combination?
2. What types of part-time jobs exist?
3. Is it possible to employ a part-time worker full-time?
4. What are the features of personnel registration?

Dedicated to part-time work separate chapter in the Labor Code (44th), which contains as many as seven articles on this issue(Articles 282 – 288). This suggests that part-time work is far from a rare event in our country.

It very often concerns health workers, pharmacists, teachers, accountants, cultural workers and many other categories of working citizens. At the same time, an ordinary employer with a small staff does not deal with part-time workers every day - let’s refresh our memory on this information.

What is part-time work?

Part-time job – the employee performs other paid regular work with the signing of an employment contract, during time free from work at the main place of employment.

This definition is very comprehensive and gives a clear idea of ​​the conditions when work will not be considered part-time work.

Let's give examples.

It is noteworthy that a part-time worker can have as many additional official jobs as he wishes. The law does not specify any limiting figure.

The only limiting factor is that there are only 24 hours in a day. The part-time worker is not obliged to notify the main employer about his subsequent employment. As for the operating time, here, on the contrary, there is a limitation: duration working day in non-core work must be completed within 4 hours daily.

Types of part-time jobs

For part-time work, you can accept both external and internal part-time workers.

Let's present their differences in the table.

When part-time work is prohibited

The law describes situations in which a person cannot have a second official job at the same time as the first:

• Minor age. This limitation is natural, because the law prescribes restrictions on the workload of persons under 18 years of age;
• Harmful or dangerous working conditions - at both jobs. For example, a man cannot work half a day as a fireman and half a day as a miner;
• Drivers of vehicles. The logic is that drivers are responsible for people’s lives, and lack of rest will reduce general level security;
• Deputies of the State Duma of the Russian Federation cannot officially engage in work other than lawmaking. Exceptions: teaching or scientific activities;
• Heads of companies cannot simultaneously be members of internal organs control. For example, the general director is also prohibited from serving on the audit committee;
• Managers cannot be part-time workers in other companies, unless they have received written agreement from the owner of the enterprise;
• Employees security forces, employees of the Bank of Russia.

Can a part-time worker work full time?

By general rule the law does not allow this. From the logic of the concept itself it follows that additional labor should only “adjacent” to the main activity and occupy a limited number of hours.

This amount is specified in the labor code and is, as already mentioned, no more than 4 hours daily. For most categories of workers, full time is 40 hours work week, five days, with 8 hours of work daily. Thus, with an eight-hour working day, 4 hours will be half, that is, half the time.

There are a number of exceptions to this rule, where full-time part-time work is still permitted.

Exception for certain days

It is permissible to work all 8 hours, provided that the person’s main job has a day off, a day off or a vacation (the latter of the above - if the employee did not want to go on vacation for a non-main job) (Article 284 of the Labor Code). We are talking about specific days. Of course, if an employee spends 8 hours a day at a non-core job for a month or more, there is a violation of current legislation.

It is important to consider that the total number of hours worked per month at the second job should be half the monthly norm at the first job.

Example. Petrov works as a programmer; at his main place of work, his hourly rate for August 2017 was 184 hours. At his second job, where he holds a part-time position as an economist, according to the law, the hourly rate in August should not exceed 92 hours (184/2). At the beginning of August, at his first job, Petrov had five non-working days

consecutively for 8 hours each (weekends plus days off) - that is, he worked there for a total of 40 hours. Consequently, this month, as a part-time worker, he has the right to work only 52 more hours, if we subtract the actually worked time from the allowed time (92-40).

Exceptions in which hour restrictions are completely removed

• The following situations are distinguished:
• The employee temporarily stopped working due to the fact that the main employer delayed payment of wages for more than half a month. In this case, the decision on suspension must be in writing;
• The part-time worker was temporarily suspended from his main job due to health reasons. The employee is required to provide a medical report as confirmation;

Part-time worker's remuneration

A part-time employee should not receive less for any reason other than due to fewer hours worked. Any infringement of rights from the series “he is from the outside” is a gross violation of the Labor Code.

An employer can pay a part-time worker’s salary in two ways And:

• By number of hours. The amount that an employee in this position should receive per hour according to tariff schedule, multiplied by the number of hours worked.
• Based on the amount of work completed.

If an employee is very valuable and the employer seeks to reward him, it is possible to give him a bonus. The amount is at the discretion of the employer. The basis for bonuses may be extensive work experience or high level qualifications.

Part-time workers - personnel issues

In general, the law protects part-time workers in all aspects of their life at the enterprise.

• Vacation. A part-time worker has the right to go on leave from both jobs at the same time. This gives you the opportunity to take a break from both jobs at once. Employers cannot prevent this.

A part-time worker has the right to leave from a non-main job, even if he has not yet worked the required six months.

• Sick leave. In case of internal part-time work, the employee is required to submit only one sick leave, with external – two. The second document notes that it is intended for part-time work and indicates the details of the main sick leave. Thus, each employer calculates and pays “its share” in proportion to the time worked;
• Business trips. As a general rule, an employer can send an employee on a work assignment at almost any time. In the case of part-time workers, there is a limitation - travel is possible only during time free from the main place of work.
• Dismissal. To dismiss a part-time employee, you can use the same grounds as for dismissing a main employee. As a general rule, a part-time employee cannot be fired if he is on maternity leave, on vacation or on sick leave.

Internal part-time and combination - what's the difference

Many problems with paperwork could be avoided if personnel officers had a clear understanding of the differences between these concepts. They demand different approach. Let's present their features in the table.

Is it possible for your subordinate to work two jobs at the same time? You decide. But when hiring a part-time employee, you need to know that both places of work are official and protected by the law of the Russian Federation. Let's consider the specifics of employing a part-time employee.

Types of part-time jobs

Part-time work is the official work activity of a person with one or more employers (Article 282 of the Labor Code of the Russian Federation).

Part-time work is regulated. 44 Labor Code of the Russian Federation. Art. 282 regulates that this type of activity must meet a number of requirements:

1. Carried out under an employment contract with a part-time note.
2. You can work only when the main entrepreneur has free hours: in the evening or on free days according to the schedule.
3. Paid as the main job, according to days or hours worked.

According to the Labor Code, part-time work is divided according to the specifics of the place of employment:

1. Internal part-time work – a person combines 2 types of activities for one entrepreneur. Provides for the signing of 2 contracts with the employer. This type is suitable for both sides at once. The entrepreneur receives a qualified specialist for the required position, who will be able to achieve his goals and make a profit. The employee does not need to look for additional income elsewhere, and his labor potential will be fully utilized.
2. External part-time job – the employee enters into a second employment contract in another company and works during free hours. At the same time, an employee can enter into additional contracts with any number of companies. The main thing is that it does not harm the main place of work.

Who can work part-time?

If an employee decides to work part-time, then he does not need permission from his main boss. Everyone has the right to decide for themselves whether they can combine 2 types of activities or not. But labor legislation provides for restrictions (Articles and the Labor Code of the Russian Federation) for a certain part of the population to carry out combined activities.

Cannot work part-time:

• persons under 18 years of age (for any type of activity);
• workers whose work is considered difficult, harmful or associated with risk or danger;
• drivers who drive not only public, but also any type of transport, as well as persons involved in regulating traffic.

Restrictions on part-time work:

1. MP State Duma can simultaneously carry out only teaching activities or conduct scientific work.
2. Workers occupying leadership positions at legal entity, can carry out part-time work only with the permission of the owner or founder of the company. The document is drawn up in writing. This is due to increased responsibility in the main position and busyness. Some types of activities are protected by the owners from competitors, and a part-time worker can harm the development of the company. This nuance is introduced a separate item into the contract between the main employer and the hired person.

Registration according to the Labor Code

To apply, the applicant must have the following documents:

1. Passport.
2. If the additional place is associated with risk or hard work, then a certificate from the main company about the nature of the employment.
3. Diploma or certificates confirming the employee’s professional suitability (if the type of activity requires it).
4. Individual personal account insurance number (SNILS).

remember, that work book the part-time worker will not be able to provide it to you, since it is at his main place of work. The employer is not required to maintain a work record book for a person hired part-time.

The main thing that an employment contract should reflect is the time of employment and how the work will be paid.

Work time

Part-time workers' working hours and schedule are negotiated by the entrepreneur and reflected in the employment contract and schedule. When drawing up a part-time work schedule, an entrepreneur must take into account that an employee’s workload should not exceed 4 hours per day, and 20 hours per week. The norm is considered to be employment of no more than 40 hours, external part-time worker can work the maximum amount - ½ of this time.

Employment should not exceed 40 hours per week; an external part-time worker can work a maximum amount of ½ of this time.

1. If activities at the main job are suspended due to non-payment of wages or delays (Part 2 of Article 142 of the Labor Code of the Russian Federation).
2. The employee was removed from his main position due to health reasons, while his job was retained (parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation).

The hours that a person worked part-time are entered into the time sheet. If the part-time job is internal, then working hours are entered in a separate timesheet. In this case, the employee is assigned 2 personnel numbers.

How to pay salaries

According to the Labor Code of the Russian Federation, payment to a part-time worker does not have its own characteristics. If labor is calculated in time, then payment, accordingly, is calculated according to the hours worked. At piecework the calculation is made based on output or on other conditions that are reflected in the employment contract.

Beginning entrepreneurs should understand that a part-time worker must receive all social and insurance benefits. In the case of pregnancy and childbirth - also if the employee has been in the position for more than 2 years.

With internal compatibility, the employee is required to provide one sick leave, with external compatibility - two. The second document states that it is for part-time work and contains the details of the main certificate of incapacity for work.

Vacation specifics

If a layoff is coming, you need to warn the employee 2 months in advance, against his signature, about the upcoming dismissal (Article 180 of the Labor Code of the Russian Federation). If an employee works part-time on a permanent basis, then additional rules for dismissal are provided: he can be fired if a person comes to work for whom this position will be the main one (Article 288 of the Labor Code of the Russian Federation). In such a situation, the employer is obliged to warn the employee 2 weeks in advance about the upcoming dismissal. If the employee does not agree, then a corresponding act is drawn up, which will serve as the basis for termination of the employment contract.

You cannot fire an employee holding a part-time position while he is incapacitated, maternity leave or planned annual vacation.

The employee must be paid in full no later than the date of termination of the employment contract. If the employee was not at the workplace at that time, then the payment must be issued no later than 1 day after signing the dismissal clause. 140 Labor Code of the Russian Federation.

Upon dismissal, the employee must receive a copy of the dismissal order and a certificate of income.

If the main payment is delayed after dismissal, the entrepreneur will have to pay former employee a percentage equal per day to 1/300 of the Central Bank refinancing rate (Article 236 of the Labor Code of the Russian Federation). The delay is calculated from next day after dismissal and up to and including the day of receipt of the payment. Compensation is paid after legal proceedings, and the entrepreneur may lose a considerable amount. Plus you will have to pay legal fees.

When hiring a part-time employee, an entrepreneur should not forget about the legal side of the issue. Of course, it is important to give the employee a chance to realize themselves and earn additional income. But it is even more important to pay close attention to the work schedule and the drafting of the employment contract.

Part-time work means that an employee performs regular paid work in his free time from his main job. In this case, a separate employment contract is concluded, which must indicate that the employee is accepted as a part-time worker. An employee can have as many such contracts as desired; the Labor Code of the Russian Federation does not limit the number of jobs for part-time workers (Article 282 of the Labor Code of the Russian Federation).

Restrictions associated with part-time work

Some categories of employees cannot be hired on a part-time basis. For example, minors cannot work part-time. In addition, if the nature of the main job and part-time work are the same, then in some cases part-time work is also prohibited. Thus, an employee cannot work part-time:

• at work with harmful or dangerous working conditions, if he performs his main work in the same conditions (Article 282 of the Labor Code of the Russian Federation);
• a driver if his main job is also related to driving vehicles (Article 329 of the Labor Code of the Russian Federation).

At the same time, the legislation may provide for other restrictions regarding part-time work. For example, employees of private security organizations cannot work in the civil service (Article 12 of the Law of the Russian Federation of March 11, 1992 N 2487-1). And for pedagogical and medical workers the maximum duration of part-time work per month has been established (clause 1 of the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41).

Applying for a part-time job

To be employed, the future part-time worker must provide the employer with a passport (or other identification document), as well as a pension insurance certificate. There is no need to require a work book from him. It must be kept by his “main” employer, and the latter, at the request of the employee, can enter information about part-time work into it.

If a part-time worker applies for a position that requires special knowledge, then he will also have to provide a document on education or qualifications (Article 283 of the Labor Code of the Russian Federation). In addition, depending on the specifics of the work, you may need:

• a certificate from the employee’s main place of work stating that he does not work there in hazardous conditions hazardous conditions labor / does not work as a driver;
• a document confirming the completion of a medical examination;
• certificate of no criminal record, etc.

Employment contract with part-time worker

An employment contract with a part-time worker must be concluded within the generally established period. In other words, no later than 3 working days starting from the day he began to perform his job duties (

Additional work activities performed in time free from main duties are defined in labor legislation as.

In order for such work to become official for the employee, it is necessary to draw up and sign a separate document.

An officially employed person receives the rights to all social benefits and payments provided for by law and local documents in force at the enterprise or organization. At the same time, it does not lose social guarantees and at the main workplace.

According to Article 282 Labor Code work as a part-time worker should be carried out exclusively during free time from main duties.

And so that additional responsibilities are not fulfilled to the detriment of the main ones, the legislation establishes a limit - part-time workers. That is, in one working month they produce only half established norm and receive half the rate assigned by the employer for this position.

In some cases the order labor activity at an additional workplace the following can be changed:

• If an employee stops working at his main place of work, additional work activity for him automatically turns into his main job.
• If the employee has not notified the employer about his dismissal from his main workplace, he can also take the place of a part-time worker, but he still has the opportunity to change the terms of the concluded contract (it is enough to submit the appropriate application and confirm the stated request with documents).

In what cases is this allowed?

It should be borne in mind that an agreement concluded for part-time work cannot automatically be re-qualified as the main document.

Although this is allowed according to the current labor legislation in the above cases (dismissal or).

The employer is not obligated to make changes to an existing contract. The only initiator of such changes in this situation can be only the employee himself interested in moving to full-time work full time according to the position held. But at the same time, the immediate supervisor must also express his consent to making changes.

That is, any adjustment to an existing contract is made by agreement of the two interested parties.

Design nuances

If both parties agree to registration on a permanent basis, the employer has two options for the employee:

1. He has the right to terminate an existing contract and issue new document, taking into account the hiring of a person to a vacant position on a permanent basis.
2. He can draw up an additional agreement and sign it together with the employee.

Such a document will amend an existing agreement. For example, it will indicate that the employee is accepted to the main place of work and is paid in full.

It should be noted that the employee is not required to present his work book. Therefore, the employer is not responsible for concealing data (for not having a main place of work).

But it is prohibited to issue a transfer according to article of the Labor Code under number 72.1 (the nature of the employee’s work activity does not change or workplace).

Registration procedure

If registration is made through the standard dismissal procedure, the initiative may come from:

• From the employer. He refers to the presence of a person who wants to get a job on a permanent basis, and dismisses the employee, busy with work at the same time. In fact, this is the same person, but there is no violation of the law - the procedure is legal.
• From an employee. The employee submits an application for resignation of his own free will.

In both cases, the procedure takes a minimum of time. All dismissal documents are completed on one day. And in the second, a person is hired for a vacant workplace. If there was a record of the employment of a part-time worker, it is necessary to make a note about his dismissal.

To document orders, unified forms are used: T-8 (dismissal) and T-1 (admission to a vacant position).

If registration is made through drafting, the employer offers in writing to make these changes, or the employee writes a statement asking to adjust the existing contract.

After which an agreement form is prepared (in two copies at once). The document is registered in a special accounting journal designed to record contracts. After signing it, the second copy is handed over to the employee.

Then the manager issues an order in which he orders changes to be made to staffing table and the procedure for calculating salary for this employee (if the work schedule has changed!).

Calculation of working hours and payment

There are two options for a person previously employed as a part-time worker:

• he switches to full-time work, and this fact is reflected in the contract or additional agreement;
• The working day remains the same, that is, incomplete, at the request of the employee (there is no legislative prohibition on this type of work activity in these conditions!).

In this case, it is necessary to distinguish between the concepts of part-time and shortened days. Reduced work hours are established only for certain categories in accordance with Article 93 of the Labor Code.

If an employee has expressed a desire to work part-time, he must reflect this in the application. When compiling additional agreement or contract, the employer will refer to the submitted application and satisfy the employee’s request.

Payment will be calculated according to actual time worked. And in case of full employment, the established amount is paid in full.