What does the Labor Code refer to part-time work?
The Labor Code of the Russian Federation defines part-time work as the performance of job duties during free time from activities at the main place of work.
In this case, the conclusion of an employment contract is mandatory. An employee has the right to engage in other types of activities besides his main job. The number of additional employers is not limited by law.
Registration of part-time work in accordance with the Labor Code of the Russian Federation presupposes an employment relationship with an employee who is already employed in other areas of activity. At the same time, additional employment is also regular and paid on the basis of contractual terms. A part-time employee has the right to count on the same social guarantees as other full-time employees - paid rest and periods of temporary disability.
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Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work
1. Labor relations of persons working part-time are regulated for the first time at the legislative level in the Labor Code. Previously, the work of part-time workers was regulated by Resolution of the Council of Ministers of the USSR of September 22, 1988 N 1111 and the Regulations on the conditions of part-time work adopted in accordance with it, approved. Resolution of the State Committee for Labor of the USSR, the Ministry of Justice of the USSR and the All-Union Central Council of Trade Unions of March 9, 1989 N 81/604-K-3/6-84. It should be noted that the very concept of “part-time work” in the Labor Code has not changed. In accordance with Part 1 of the commented article, work under an employment contract is part-time if:
- the employment contract was concluded with an employee who is already in an employment relationship with the same or another employer;
- under this contract, other work is performed in addition to the main one;
- The work performed under another employment contract is regular and paid, and this work is performed by the employee in his free time from his main job.
2. An employee has the right to enter into employment contracts for part-time work with an unlimited number of employers (Part 2 of Article 282 of the Labor Code of the Russian Federation). In this case, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. The exception is cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner (see commentary to Article 276).
3. According to Part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under another employment contract for the same employer is called internal part-time work; for another employer, it is called external part-time work (see commentary to Article 60.1).
The commented article allows for internal part-time work both in the same specialty (profession or position) in which the main work is performed for a given employer, and in another. In other words, an employee can work both externally and internally in any specialty, profession or position stipulated by the employment contract, incl. and the same as at the main job.
4. When concluding an employment contract for part-time work, it must, along with other conditions, indicate that the work is part-time (Part 4 of the commented article; see also commentary to Article 57). Both internal and external part-time work are formalized by an employment contract concluded in writing. In this case, the rules established by Art. 67 (see commentary to it).
By concluding an employment contract for part-time work, the employee acquires the corresponding legal status under this contract, which does not change automatically due to changes occurring at the main place of work. For example, if an employee has terminated his employment relationship with the employer at his main place of work, then part-time work does not become his main job. This conclusion follows from the content of Part 4 of Article 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a mandatory condition of the employment contract, and Art. 72 of the Labor Code, which provides that changes to the terms of an employment contract determined by the parties are allowed only by agreement of the parties and in writing (see commentary to Article 72).
5. Part 5 of the commented article stipulates which categories of workers and under what conditions are prohibited from working part-time.
In accordance with it, in all cases, part-time work for persons under the age of 18 is not allowed.
Persons engaged in heavy work as part of their main work, work with harmful and (or) dangerous working conditions, can work part-time, provided that the work performed as part-time work is not associated with the same conditions, i.e. heavy, harmful and (or) dangerous.
Employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time work directly related to driving vehicles or controlling the movement of vehicles. The list of jobs, professions, positions directly related to driving vehicles or controlling the movement of vehicles is approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (see commentary to Article 329).
Part-time work is not permitted in other cases if this is expressly provided for by federal law. So, in accordance with Art. 14 of the Law on Municipal Service, municipal employees do not have the right to engage in other paid activities on a part-time basis, except for teaching, scientific and other creative activities. According to Art. 21 of the Law on State and Municipal Unitary Enterprises, the head of a unitary enterprise does not have the right to be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activity, be the sole executive body or a member of the collegial executive body of a commercial organization, except for cases where participation in the bodies of a commercial organization is part of the job responsibilities of this manager.
6. Features of the regulation of part-time work for certain categories of workers (teaching, medical and pharmaceutical workers, cultural workers) in accordance with Part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.
Decree of the Government of the Russian Federation of April 4, 2003 N 197 “On the features of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (SZ RF. 2003. N 15. Art. 1368) established that the features of part-time work for these workers are determined The Ministry of Labor and Social Development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.
In accordance with the above-mentioned Resolution of the Government of the Russian Federation, the Ministry of Labor of Russia adopted Resolution No. 41 of June 30, 2003 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” (BNA RF. 2003. No. 51).
This Resolution establishes the following features of part-time work for teaching, medical, pharmaceutical and cultural workers:
a) these categories of employees have the right to carry out part-time work at the place of their main job or in other organizations, incl. for a similar position, specialty, profession, and in cases where reduced working hours are established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation);
b) the duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:
- for medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;
- for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
- for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage of them - the monthly standard of working time, calculated from the established length of the working week;
- for junior medical and pharmaceutical personnel - the monthly standard of working time, calculated from the established duration of the working week;
- for teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week;
- for teaching staff (including trainers-teachers, trainers) whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
- for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly standard of working time, calculated from the established length of the working week;
- c) the teaching work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work.
According to clause 2 of the Resolution, the following types of work are not considered part-time work for the specified categories of workers and do not require the conclusion (registration) of an employment contract:
- a) literary work, incl. work on editing, translation and reviewing of individual works, scientific and other creative activities without holding a full-time position;
- b) carrying out medical, technical, accounting and other examinations with a one-time payment;
- c) teaching work on an hourly basis in an amount of no more than 300 hours per year;
- d) consulting by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;
- e) supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
- f) teaching work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and other children's institution with additional pay;
- g) work without holding a full-time position in the same institution or another organization, incl. performance by teaching staff of educational institutions of responsibilities for managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cyclic commissions, work on the management of industrial training and practice of students and other students, duty of medical workers in excess of the monthly working hours according to graphics, etc.;
- h) work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate of teaching staff, as well as accompanists, accompanists for the training of arts workers;
- i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.
Carrying out the work specified in subparagraph. “b” - “h”, is allowed during regular working hours with the consent of the employer.
When applying Article 282 of the Labor Code of the Russian Federation, it should be borne in mind that the said Resolution must be applied taking into account the amendments made by Federal Law of June 30, 2006 N 90-FZ in Art. 284. In accordance with the new edition of this article, the duration of working time when working part-time is limited, as a general rule, to half the monthly norm (standard working time for another accounting period) established for the corresponding category of workers (see commentary to Article 284) .
How is the concept of combining professions and the procedure for its registration regulated?
According to the Labor Code of the Russian Federation, part-time work is allowed both external and internal (Article 60.1, Article 282). The first is typical for workers employed in their main activity by other employers. For certain categories of persons employed in the pedagogical, medical and cultural spheres, the possibility of combination is regulated by Decree of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41.
Some participants in labor relations are prohibited from performing part-time work. These include:
- prosecutors, judges, lawyers;
- foreign intelligence personnel;
- members of the Government of the Russian Federation;
- some employees of the Bank of Russia;
- representatives of the Federal Courier Communications.
Municipal workers and civil servants may also be denied a combination of jobs if this would negatively affect their main activities.
Restrictions on the possibility of part-time work are also provided for:
- persons under 18 years of age (Article 282 of the Labor Code);
- drivers (Article 329 of the Labor Code);
- managers (Article 276 of the Labor Code);
- athletes and coaches (Article 348.7 of the Labor Code).
It is also established by law that an employee has the right, if necessary, to simultaneously perform several job functions in different positions and professions for one employer. This employment procedure is called internal combination.
Article 283. Documents presented when applying for part-time work
When applying for a part-time job with another employer, the employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or professional training or duly certified copies thereof, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate about the nature and working conditions at the main place of work.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
How to properly arrange external alignment?
Registration of part-time employment in this case occurs in almost the same order as when concluding other employment contracts. However, there is no need to present a work record book - an applicant for a vacant position just needs to have a passport.
Hiring a part-time worker involves drawing up an order and entering information into the employee’s personal card.
If necessary, additional documents are also drawn up, more details about which can be found in the material “Regulations on the financial liability of employees - sample”.
Registration of internal combination of positions
The performance of internal part-time job duties must be confirmed by the written consent of the employee and is paid additionally. The amount of the additional payment is provided for by the terms of the agreement to the current employment contract; it can be either a fixed amount or an increase as a percentage of the basic salary (Article 151 of the Labor Code of the Russian Federation).
In cases where the possibility of combined work was already provided for earlier in the employment contract and such work is assigned to the employee due to his insufficient workload, no additional payment is made.
How to arrange a part-time job for an employee - nuances
If there is a need to register a combination of positions by an employee within the same enterprise (employer), then Art. 60.2 Labor Code of the Russian Federation. Before registering a combination of positions, you should remember that such employees cannot be busy performing additional duties for more than 4 hours (Article 284 of the Labor Code of the Russian Federation). The standard working time per month should not exceed half the period used to perform the same work functions based on a full working day.
But under some circumstances, restrictions on the length of a part-time working day do not apply:
- if the employee suspended his activities due to delay in salary payments (Article 142 of the Labor Code of the Russian Federation) at his main place of work;
- upon removal from work duties on the basis of Art. 73 Labor Code of the Russian Federation.
Remuneration for the work done to a part-time worker under a time-based payment system occurs in proportion to the time worked based on the tariff salary. If the terms of the contract provide for a time-based system, then the calculation is made based on actual results.
Providing vacation to a part-time worker must coincide with the vacation period at the main place of work (Article 286 of the Labor Code of the Russian Federation). If the duration of vacation is less than at the main place, at the employee’s request, the employer is obliged to provide him with additional days without pay.
Find out how to provide annual leave at an internal part-time job in ConsultantPlus. If you do not have access to the K+ system, get a trial demo access for free.
Termination of employment relations with part-time workers occurs on a general basis. In addition, management may refuse to provide further services to such categories of employees if a full-time employee is found. A notice of dismissal must be sent to him no later than 2 weeks before the termination of the employment contract (Article 288 of the Labor Code of the Russian Federation).
Article 286. Leave when working part-time
Persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is provided in advance.
If in a part-time job the duration of the employee’s annual paid leave is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.
