Features of hiring a part-time worker

Signs of a part-time job

Chapter 44 of the Labor Code of the Russian Federation is devoted to part-time work . This is the performance by an employee of other paid work in his free time from his main job. An employment contract for part-time work is concluded with such an employee.

You can work part-time within one organization ( internal part-time job ), that is, the main employer and part-time employer will be one company or individual entrepreneur. External part-time work is also permissible , when, in addition to the main place of work, an agreement is concluded with one or more employers.

So, part-time work has the following characteristics:

Performed in free time from main work.
It is regular and paid.
It is carried out on the basis of an employment contract, which must indicate that this is a part-time job.

External and internal part-time work: what is the difference

If an employee decides to take a second job in order to obtain an additional source of income, he may have several alternatives:

First, you should ask your main employer if the company has any vacant positions available on a part-time basis. If there is one, the employee can take this position in addition to his main job. This option is called internal part-time work (Article 60.1 of the Labor Code of the Russian Federation).

Note! Internal part-time work must be distinguished from the concept of “internal combination of positions” (in one organization).

For more information about the difference between these concepts, as well as combining positions, see the article “Registration of combining positions in one organization.”

If it is not possible to find a second source of income at the main place of work, the employee has the right to additionally get a job in another company, retaining his previous place of work as his main one. This option is defined in the Labor Code of the Russian Federation as external part-time work (Article 60.1 of the Labor Code of the Russian Federation).

The nuances of registering an external part-time job were explained by ConsultantPlus experts. Get free demo access to K+ and go to the HR Guide to find out all the details of this procedure.

However, regardless of which company (your own or a third party) the employee will be listed as a part-time worker, one general rule must be observed: part-time work should be performed by the employee only during those hours that, by virtue of the Labor Code of the Russian Federation (and the employment contract), should not be be assigned to perform functions at the main place of work (Article 60.1 of the Labor Code of the Russian Federation).

Important! The Labor Code of the Russian Federation does not contain any restrictions regarding the maximum number of positions an employee can simultaneously hold. On the contrary, the code establishes that a specialist can have as many additional jobs as he likes (Article 282 of the Labor Code of the Russian Federation).

For whom are the bans established?

Not everyone is allowed to work part-time. cannot be part-time workers:

whose age is less than 18 years;
who, for the main employer, performs work associated with harmful or dangerous working conditions, if part-time work is also associated with harm or danger;
who drives a vehicle for the main employer or is involved in controlling their movement, if the same work is expected on a part-time basis (Article 329 of the Labor Code of the Russian Federation);
lawyers (Article 2 of Law No. 63-F3 of May 31, 2002).

In addition, the legislation establishes restrictions for certain categories of workers :

An employee of a private security organization cannot combine work with the civil service or an elected paid position in public associations. In addition, such employees cannot be the founder or an official of the company protected by this organization (Article 12 of Law No. 2487-1 of March 11, 1992).
The head of a company can work part-time only with permission from the authorized body of the legal entity headed by him or the owner of the property (Article 276 of the Labor Code of the Russian Federation).
An athlete or coach can be an external part-time worker if the employer at the main place of work has given permission for this (Article 348.7 of the Labor Code of the Russian Federation).

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.

What documents are required from a part-time worker?

When hired for a part-time job, the employee does not provide a work book - it is kept by the main employer. Part-time workers, in addition to a passport or other identification card , may be required to:

A document of education or qualifications or a certified copy thereof - if the work requires special knowledge.
Certificate about the nature and working conditions at the main place of work - if the part-time job is related to harmful or dangerous working conditions or driving vehicles (driving vehicle traffic).
Permission from the main employer, its authorized body or property owner in cases where it is required (for directors, athletes, coaches).

List of documents

The initial stage is the preparation of documentation. All documents can be classified into two types:

basic;
additional.

The first type is provided for by the Labor Code of the Russian Federation. They are mandatory and employment is impossible without them. Without them, applying for a job is impossible.

Additional documents are not a legal requirement. However, they are desirable as they increase the chances of employment.

The table below provides a list of basic documents for part-time employment.

Basic documentation according to Art. 283 Labor Code of the Russian Federation	Characteristic
Passport	Its presentation is mandatory. If not possible, then any other identification document.
Education document	Options: · diploma; · certificate. Purpose: confirmation of skills and knowledge in the specialty.. If skills cannot be officially confirmed, then employment may be considered illegal. The work must correspond to the education document.
Certificate from main place of work	It contains data on working conditions at the main place. Particularly relevant when working in a workplace with harmful environmental factors or in the presence of increased danger

Additional documents are:

2 photos;
a copy of the work book;
TIN certificate;
SNILS;
child's birth certificate;
medical certificate;
a document confirming the status of a large family;
certificate of health of a relative (whether there is a disability);
questionnaire;
other documents, specifications, etc.

Important! A list of documents must be submitted when an employee works part-time in another company. No documents are required for the internal combination option.

Nuances of drawing up an employment contract

An employment contract must be concluded with the part-time worker. If the part-time job is internal, then such an agreement is concluded in addition to the main one.

The employment contract states:

that the individual is hired part-time;
standard working hours;
if, by agreement of the parties, the contract is concluded for a certain period, an indication of its urgent nature (the right to conclude a fixed-term employment contract is given by Article 59 of the Labor Code of the Russian Federation).

In addition, it is necessary to issue an order to hire an employee for part-time work, even if it is internal.

Article 284 of the Labor Code of the Russian Federation requires that the working hours of a part-time worker be no more than 4 hours a day . And the total duration should be no more than half the full standard working time for the accounting period.

In other words, if a 40-hour work week , then a part-time employee can work no more than 20 hours . But there are exceptions when a part-time worker can work full time. These are the days on which:

he is not employed at his main place of work;
he suspended work at his main location due to non-payment of wages;
he is suspended from work at his main place due to the need to transfer to another job for medical reasons, but there is no suitable position for him.

Preparation of documents for internal part-time work

The internal option involves working in different positions, but within the same organization.

List of basic operations when submitting documents:

filling out a questionnaire from the employee;
no additional documents are required. All of them are stored in the company's HR department;
after submitting the application, an employment contract is signed;
after signing the employment contract, an order is issued indicating the start date of work;
You can make an entry in your work book if you wish.

Important! If an employee works part-time, he must provide an education document confirming his ability to work with this qualification.

Design rules:

mandatory acceptance of an application from an employee;
conclusion of an employment contract with the reference “combined”;
issue an order;
registration of an entry in the work book.

Entry in the work book of a part-time worker

The employer does not have the right to make any entries in the work book of a part-time employee. Everything related to part-time work is noted in the Labor Code by the main employer.

To make a record of work, the main employer will need a certified copy of the order for part-time employment or a certificate containing the details of such an order.

An entry about part-time work is made in the Work Book only at the request of the employee.

How to correctly register the appointment of a part-time employee

Part-time work is the simultaneous performance of labor functions in two (and possibly more) jobs, one of which is the main one. Activities at other jobs are performed exclusively during those periods of time that are not filled with the performance of primary job duties.

Part-time work must be officially formalized in accordance with the following articles of legislation: Art. 282, art. 283, art. 65 Labor Code of the Russian Federation. The hiring process is unified, but the application procedure is slightly different.

However, the labor document is concluded at all workplaces: both the main one and the combined one. The existence of such employment contracts is not limited by law. It all depends on the capabilities of the employee. According to the Labor Code of the Russian Federation, the number of part-time positions is not limited. However, there are certain categories of citizens who cannot be accepted for such work.

For example, the following cannot work part-time:

minors;
if the nature of the main workplace and the part-time job are the same, then, as a rule, combination cannot be allowed;
employees of private security companies when combined with government positions;
For employees of the educational sector and medical institutions, there is a maximum limit on the time of part-time work.

Salary and vacation

Part-time workers are paid according to the same rules as other employees. If a time-based payment system is used, the salary is calculated based on the actual time worked. If a piece-rate system is used, the salary is calculated taking into account the employee’s output.

A part-time worker is subject to all guarantees and compensation provided for by labor legislation and internal documents of the employer. There are only two exceptions :

guarantees related to combining work and education;
guarantees for persons working in the Far North.

The specified guarantees are provided to the employee only at the main place of work.

The employer is obliged to provide a part-time worker with leave simultaneously with annual paid leave at the main place of work . Even if the part-time worker worked for less than six months. In this case, leave is granted in advance.

The following situation may arise: for part-time work, a person is entitled to paid leave of less duration than at his main place of work. What should I do? The employee may ask the part-time employer to provide unpaid leave for the remaining days. And the employer is obliged to fulfill this request.

How is an external part-time worker paid?

Art. 285 of the Labor Code of the Russian Federation defines the following payment options for external part-time work:

for hours actually spent on work, based on the hourly rate;
for the amount of work actually performed;
on any other terms based on the provisions of the employment contract.

The salary of a part-time worker, like any other employee, must be paid twice a month (Article 136 of the Labor Code of the Russian Federation).

In addition, the company should remember that part-time workers are entitled to leave of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). Moreover, the employee must receive such leave at the same time as he rests at his main place of work (Article 286 of the Labor Code of the Russian Federation).

Part-time employees should also know that they have the right to count on receiving all the guarantees and compensation due to them not only at their main place of work, but also at part-time work, with the exception of guarantees for those combining work with study and workers in the Far North (Article 287 of the Labor Code RF).

In particular, for guarantees for pregnant women who are part-time workers, see the article “Maternity benefits for part-time workers.”

Dismissal

A part-time worker can be dismissed on the same grounds as other employees. But there is an additional reason - if an employee is hired for whom the part-time job will become the main one. However, if a fixed-term employment contract has been concluded with a part-time worker, then he cannot be fired due to the hiring of a “main” employee.

If a part-time employee is dismissed for the above reason, you must notify him of this in writing 2 weeks before the date of dismissal. Such a notice must contain a reference to Article 288 of the Labor Code of the Russian Federation and an indication of when the employment contract will be terminated. Example text is in the following image:

Sample text of a part-time worker’s notice of upcoming dismissal

The notice is drawn up in two copies - for the employee and the employer.

Then you need to issue a dismissal order , indicating the details of the notification sent as the basis. On the last day of validity of the employment contract, the part-time worker must be familiarized with it by signature. After this, you need to make a note about the dismissal in his personal card.

pay the former employee - pay wages, make all required payments, and also issue documents.

Difference between part-time and combination

In labor legislation there is a concept similar in name - combination of professions (positions) . Its essence is described in Article 60.2 of the Labor Code of the Russian Federation. There is no need to confuse combination and part-time work - there are many differences between them. Which ones exactly - look in the table.

Table. Comparison of part-time and combination

Criteria	Part-time job	Combination
Working hours	The work is performed in free time from the main work (Part 1 of Article 60.1), no more than 4 hours a day. When registering a part-time employee, the standard working time for this employee is indicated - 40 hours.	According to Art. 60.2 work is performed during the established duration of the working day (shift). That is, the employee must be able to complete primary and additional work within 8 hours. The employer cannot determine how much time the employee will devote to the main job and how much to additional work, so the standard working time for combination is not specified in the contract.
Employer	The work can be performed either for the main employer (internal part-time job) or for another (external part-time job).	The work is performed for only one employer.
Registration of labor relations	An employment contract is concluded, which must indicate that the work is performed part-time.	An employment contract is not concluded. The conditions for performing additional work are specified in the combination agreement.
Probation	May be by agreement of the parties.	Not installed.
Salary	Carried out in accordance with the rules established by a specific employer for a specific position (salary, allowances, bonuses, etc.).	The amount of additional payment is established by agreement of the parties, taking into account the volume and conditions of work.
Vacation	Annual paid leave is provided simultaneously with leave for the main job. If at a part-time job the duration of leave is less than at the main job, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration.	The duration of vacation for a part-time position does not in any way affect the duration of vacation for a part-time employee.
Employee personal card	A new personal card is issued.	The personal card form does not provide for entering information about additional work.
Employment history	Information about part-time work is entered into the work book at the place of main work at the request of the employee on the basis of a document confirming part-time work (Part 5 of Article 66).	Information about the combination is not entered into the work book. If the employee later needs this information, the employer issues a certificate stating that during such and such a period the employee performed certain types of work during the period of temporary disability and business trip.
Periods of temporary incapacity for work	The employee retains his place of work. The employee provides the employer with a separate certificate of incapacity for work marked “part-time.”	During this period, the employee is removed from additional work. The employer can assign it to another employee. There is no need to provide a separate certificate of incapacity for work - a certificate of incapacity for work for the main job is sufficient.
Dismissal	Occurs on a general basis in accordance with Art. 77 TK. An employment contract concluded for an indefinite period may be terminated if an employee is hired for whom the part-time job will be the main one. The employer must warn the part-time worker about this in writing two weeks before terminating the employment contract. The employment relationship ends either at the end of the agreed period or ahead of schedule, about which either party must notify the other in writing no later than 3 working days. If a position is reduced, the employer is obliged to notify the employee 2 months in advance, offer him other suitable positions, and pay severance pay.	If a vacant position for which the duties were performed in combination is eliminated, no guarantees or compensation are provided to the employee who performed these duties.