How to draw up a correct order for combining positions

Any citizen has the right to work part-time, that is, to combine his main job with additional work. He can do this with the same employer, that is, at the place of his main employment, or, alternatively, in different organizations.

Relations between an employee and an employer, including external or internal part-time work, are always formalized by drawing up two basic documents - an employment contract (it is signed by the parties in accordance with Article 56 of the Labor Code of the Russian Federation) and an order to hire a specific citizen (it is issued by the director in accordance with Article 68 Labor Code of the Russian Federation on the basis of a signed labor agreement).

Types of part-time activities

Current labor legislation identifies the following forms of legal relations related to additional employment:

1. Combining or expanding service areas or increasing the volume of work, including by performing the duties of a temporarily absent employee;
2. Part-time job.

Combination involves the performance of additional duties that are carried out during the working hours established by the employment contract. For example, if an employee’s work schedule is from 8 a.m. to 5 p.m., then during this time he performs both his own duties and additional ones. It is especially worth noting that in this case he is performing work related to another profession.

The concept of “part-time work” means that a second employment contract must be concluded with an employee who will perform additional work. The fulfillment of duties under this agreement must take place during free time from the main job. That is, if an employee works from 8 to 17, then from 17 to 19 he must perform work under the second employment contract. We emphasize that in this case, at the request of the part-time worker, an entry can be made in the work book stating that he worked under the second contract.

In cases where the combination occurs in the same profession or position specified in the employment contract, we can talk about expanding service areas or increasing the volume of work.

When performing the duties of a temporarily absent employee, the employee may be entrusted with performing duties both in his specialty or position, and in another.

The existing procedure for registering the provision of additional work is determined by the practice of enterprises. It consists of several actions, which we will discuss below.

Employment contract for internal part-time work

An employment contract with an internal part-time worker is concluded in writing in 2 copies (one for each party). The employee and employer must sign both copies. On the employer’s copy, the employee additionally puts his signature to confirm that he received his copy of the contract (Part 1, Article 67 of the Labor Code of the Russian Federation).

The agreement is drawn up in any form. For micro-enterprises that have completely or partially refused to adopt local regulations, a special standard form of an employment contract has been developed (approved by Decree of the Government of the Russian Federation dated March 27, 2016 No. 858).

The employment agreement typically reflects the following points:

• general provisions;
• rights and obligations of the parties;
• features of employee remuneration, provision of social guarantees;
• operating mode;
• liability of the parties;
• amendment and termination of the employment contract;
• duration of the agreement.

Among the features of the contract with an internal part-time employee are the following:

1. The contract must contain a clause stipulating that the employee will be employed as a part-time worker (Part 4 of Article 282 of the Labor Code of the Russian Federation). It is not necessary to clarify that we are talking specifically about internal part-time work .
2. Separately, the contract must specify working hours if it differs from the regime established by the organization’s labor regulations. It is important that the part-time worker’s working time is no more than half the working hours in his main position in a calendar month.
3. An agreement can be concluded for a certain period (fixed-term), if both parties agree to this (Parts 1 and 2 of Article 58, Part 2 of Article 59 of the Labor Code of the Russian Federation).
4. A specialist can work in his main job and part-time in the same position.
5. The contract must specify the terms of remuneration (including the size of the employee’s tariff rate or salary, additional payments, allowances, incentive payments, etc.).
6. The employer can stipulate a probationary period in the contract.
7. The contract should not contain conditions regarding the impossibility of employing an employee in other organizations, since the legislation of the Russian Federation does not limit an employee in the number of employers.
8. The contract should not contain conditions that worsen the employee’s position.

A sample employment contract with an internal part-time worker can be downloaded for free from the link in the article “Employment contract with a part-time worker: sample”.

Order to combine positions in one organization

At the last stage, an order is issued. Each organization develops its own sample order for combining positions - the unified form of this document is not approved by law. A sample of it is presented below.

The final paragraphs of the order are intended to indicate the basis for the appointment, as well as to certify the document with the signatures of managers and an accountant.

The employee must be familiarized with the contents of the order upon signature. If the position or profession that an employee receives is related to the sale of goods or the use of funds, it is worth concluding a separate agreement on the imposition of financial liability.

Documents required for an employment order

The main documents, without which an employee does not have the right to begin performing official duties, are the hiring order and the employment contract. These regulations apply to both the main type of activity and part-time work. The nuances of hiring for a position and the procedure for registering employment are regulated by Articles 60.1 and 68 of Chapter 44 of the Labor Code of the Russian Federation. An order to appoint a specific candidate to a position is issued only after the contract is signed by all parties to the labor process. At the legislative level, it is approved in form T-1, in accordance with the regulations of Goskomstat Resolution No. 1 of 01/05/2004. An important role is played by the presence of a reference to the concluded agreement.

Cancellation of combined positions

The algorithm for canceling a combination of positions depends on how it was formalized. If the order specified a specific period for which the employee will occupy an additional position, then cancellation occurs automatically after this period. If the legal relationship was formalized indefinitely, then it is necessary to draw up an order to cancel it, indicating the reason.

Termination of legal relations can be formalized at the initiative of the employee or employer. In the first case, the employee submits a corresponding application. In the second case, the employer submits a notice no later than three days before the completion of additional functions. During these three days, an appropriate order must be issued.

Existing legislation has not approved a sample order for the abolition of combining positions, so it is drawn up in an arbitrary order. However, it must include the following information:

1. Job title;
2. Period of work completion;
3. Its volume;
4. Set wages.

A sample order to remove combined positions is presented below.

We emphasize that an employee’s refusal to perform additional functions is his right. And the use of this right does not entail any legal consequences or penalties on the part of the manager.

Order form for combining positions (professions)

Results

In the economic situation that has developed on the territory of the Russian Federation, internal part-time work is a fairly common practice. When looking for additional income, most people prefer to increase their paid workload at their main, trusted place of work.

If the employer decides to hire an internal part-time worker, he must properly formalize his employment: conclude a separate employment contract with such an employee, do not forget to receive the relevant application and missing documents from the employee, and also issue an order to hire an internal part-time worker.

Who can't be a part-time worker?

Labor legislation protects the interests of the employee. Due to the fact that part-time work requires additional time, effort, and, accordingly, health, the possibility of employment in this form of employment is limited for certain categories.

Cannot become both an external and internal part-time worker:

• a person under 18 years of age;
• a person who is employed part-time in harmful or heavy work, if its nature at the main place is similar;
• a person whose part-time duties include driving a vehicle, if this coincides with professional duties at his main job;
• judges and lawyers;
• prosecutors;
• civil servants;
• deputies.

Restrictions on the possibility of internal part-time work are established by Article 282 of the Labor Code of the Russian Federation, as well as by separate Federal laws (“On the Central Bank of the Russian Federation”, “On the Prosecutor’s Office of the Russian Federation”, etc.).

Step-by-step instructions for the registration procedure

The employment of part-time workers is carried out in the same way as the hiring of main employees; in the same way, it is necessary to conclude an employment contract. The set of documents required for employment will vary slightly (depending on the type). Such employees have the right to annual paid leave and enjoy all other rights and benefits, including wages they also receive twice a month (Article 136 of the Labor Code of the Russian Federation). The consent of the main employer for part-time work is not required.

If an external part-time worker is accepted

What documents must be presented when applying for an external part-time job?

These are: a general passport (or any document that can be used to prove your identity), a document on education (a certified copy is possible), a certificate of assignment of a Taxpayer Identification Number (TIN), SNILS, a military ID, a certificate from the main employer indicating working conditions (whether they are harmful or not) ).

The admission procedure consists of the following points:

• Submission of documents and applications.
• Familiarization with the regulations of the enterprise.
• Conclusion of an employment contract.
• Preparation of the order.

Next, we will consider in more detail all the main stages.

1. Application for part-time employment - it is written in any form, but it must contain personal data (full name, address, education).
   The name of the organization where the future employee is being registered, as well as the full name of the manager, is written in the header. The text is a request to be hired part-time, then you need to write down the position and indicate the release date. After this, as usual, a signature and date are placed. For an external part-time worker, it will be necessary to attach the necessary documents to the application (Article 65 of the Labor Code of the Russian Federation).
2. Form of employment contract for part-time work – it can be urgent or indefinite. Such an agreement is essentially similar to the one concluded with the main employee, but has some nuances:
   The contract states that it is concluded with a part-time worker.
3. Working hours are limited (it should not exceed 4 hours a day).
4. The remuneration system is exactly the same as for other employees (adjustment only for the amount of working time).

An example of a part-time job entry:

Internal alignment

To register an internal combination, there is no need to submit all the documents, since the employer already has them; the only thing that may be required is confirmation of qualifications (if the position requires it).

1. The application must be written in free form - please accept the position. The date is written down - from what moment the person will start working and it is necessary to indicate that it is part-time.
2. Employment contract - a separate contract is concluded (Article 282 of the Labor Code of the Russian Federation), which clearly states the regime and working conditions of this part-time worker (no more than 4 hours a day). It can also be indefinite or fixed-term.
3. an entry in the work book (Article 66 of the Labor Code of the Russian Federation). But if an employee wants an entry to be included in his work book, he needs to write a corresponding application to the HR department (about making an entry). It is produced exactly according to the same principle as the rest of the information (on the main job), but it is necessary to write in section 3 that the employment takes place part-time.