Part-time employment contract - sample 2021

What is part-time work?

If an employee performs other job functions during non-working hours at his main job, this is a part-time job (Article 282 of the Labor Code of the Russian Federation). Additional load can be:

in the same organization (internal);
in another organization (external).

The possibility of part-time work is not limited in any way, with the exception of certain cases:

by age (Article 282 of the Labor Code of the Russian Federation);
on working conditions (Article 282 of the Labor Code of the Russian Federation);
in special professional areas (for example, driving vehicles, Article 329 of the Labor Code of the Russian Federation).

Art. 284 of the Labor Code of the Russian Federation limits the duration of part-time work:

on days when the employee is busy at his main place of work, additional work should not take more than 4 hours;
on the employee’s free days, part-time work for a full day (shift) is possible;
in total, the time spent on part-time work should not exceed 1/2 of the norm for the pay period established for the main employees of this category.

ConsultantPlus experts explained in detail how to reflect the working hours of an external part-time worker in an employment contract. If you do not have access to the K+ system, get a trial online access for free.

Read about organizing working time tracking in the article “How to draw up a working time schedule?” .

The salary of a part-time worker is calculated based on the actual time worked or actual output (Article 285 of the Labor Code of the Russian Federation).

Part-time leave must coincide in time with leave at the main job (Article 286 of the Labor Code of the Russian Federation).

Part-time workers are entitled to all the guarantees and compensations that main employees have, except in the following cases:

combining work and study;
receiving compensatory additional payments in the regions of the Far North (Article 287 of the Labor Code of the Russian Federation).

For more information about social benefits for part-time workers, see the material “Maternity benefits for part-time workers .

All aspects must be reflected in the contract.

Who cannot be hired part-time?

The placement of a part-time specialist is formalized by concluding a TD and issuing an order from the company’s management.
At the same time, the Labor Code of the Russian Federation outlines restrictions on the admission of part-time workers (Articles 282, 329, 276 of the Labor Code of the Russian Federation). It is not allowed to register specialists as part-time workers:

Persons under 18 years of age.
Civil servants.
With harmful working conditions, if the specialist is already working in a similar job at the main enterprise.
For transport management, if the specialist already holds the same vacancy at the main enterprise.
Military personnel (except for pedagogical, scientific and creative work that does not interfere with the fulfillment of military obligations).
Security guards of civil services and workers in public structures.
Judges, lawyers, prosecutors (except for teaching, scientific and creative activities).
For management work (without permission for part-time work, issued by the meeting of founders of the main place of work).

Termination of an employment contract with a part-time worker

The expulsion of part-time workers is carried out in the same manner as the dismissal of an employee at the main institution. However, there are a number of features that make it possible to identify the stages of deduction for a part-time employee:

When the position of a part-time worker is reduced or a specialist for whom the vacancy is considered the main one is hired for this position, the part-time worker is sent a notice of the TD break.
When a vacancy is vacated at will, no notice is sent. The basis for deduction is the submitted application.
The management of the enterprise issues an order on expulsion, in which the expelled specialist must sign.
A record of dismissal is recorded in the personal file of the part-time specialist.
At the request of a part-time worker, the event of dismissal is recorded in his work record book. The record is completed by authorized employees of the main enterprise.

Where to download a free sample contract for external part-time work

You can download the 2022 external part-time employment contract for free by clicking on the picture below:

In addition to the above aspects, the proposed sample part-time employment contract provides for:

determination of a part-time job;
salary payment procedure;
internship;
list of documents for employment;
list of internal regulations that must be read.

Part-time worker: restrictions and conditions in the contract

The peculiarities of such an entity as part-time work are necessarily reflected in the employment contract. It must be concluded in writing and in two copies - one is given to the person, the second is stored in the personnel department of the organization.

These features are:

Firstly, part-time work is regular and paid work, and a separate employment contract is concluded with the employee. The contract must clearly indicate that it is being concluded with a part-time partner.

Secondly, there are restrictions on working hours. It cannot occupy more than half the working day of an employee for whom similar work is the main one. That is, no more than 4 hours a day with a standard working day, no more than half the standard hours per month if it is shift work. The exception is shifts (days) when a person is free from his main job - on such days he can work as a full-time part-time worker.

Thirdly, the remuneration system for such workers is based on the same principles as for others, but adjusted for the number of working hours. They are guaranteed by law all the allowances and concessions established for different categories of beneficiaries. So, in terms of social protection, the company is obliged to pay part-time workers the same attention as all other employees. This applies to sick leave, labor protection, bonus systems and other issues that are established both in the laws of Russia and in the local documents of a particular company.

Fourthly, such employees have the right to leave. Moreover, they must be granted this leave simultaneously with leave from their other, main job. It does not depend either on the company’s vacation schedule or on the specific seasonal need for such an employee. And even if the part-time worker has not worked for another 6 months, he must be granted leave in parallel with his main job in advance.

And finally, a child under 18 years old cannot become a part-time worker.

Employment contract for internal part-time work

As a sample, you can download the part-time employment contract from the previous section for free and exclude from it:

a list of documents for employment, with the exception of the case when an employee takes on a job that requires separate qualifications and is different from the main one - then documents on qualifications and admission will be required;
a list of internal regulations for review (since the employee is already familiar with them); the exception is the same as in the previous subparagraph - instruction and testing of knowledge in MBT will be required;
if there are no differences, you can exclude items with addresses and details.

How to draw up a part-time employment contract correctly?

When a part-time worker is hired, a TD is drawn up.
The form and content of such a document does not differ from the TD concluded with key personnel. All requirements in the TD must be displayed in accordance with the Labor Code of the Russian Federation. When registering a part-time TD, this must be indicated in the agreement. You can start filling out the contract by displaying:

The title of the document is “Part-time employment contract.”
Places and dates for completing the agreement.
Details of the institution and part-time worker.

The part-time worker needs to carefully read the text of the TD and more carefully re-read the most significant sections for him, including:

Subject of the agreement", where it is noted:
The vacancy for which he is applying.
Place of work, indicating the address of the company.
It is emphasized that the TD is concluded part-time.
Duration of validity of the TD.
Presence/absence of a trial period.

Salary. This section specifies the salary or tariff rate of a part-time worker (in numbers and in words), as well as the timing of advance and salary payments.

Work mode, displaying the work and rest schedule, including the procedure for granting leave.

The remaining sections are usually standard, filled out in accordance with the requirements of the Labor Code of the Russian Federation. They, of course, also need to be read to ensure that the employer has not exceeded his authority.

These sections include:

Rights and responsibilities of the parties.
Conditions for termination of TD.
Other conditions.

The preparation of the TD is completed by filling out the section “LEGAL ADDRESSES AND PAYMENT DETAILS OF THE PARTIES” and signing the document by the parties.

When drawing up a part-time TD, some features can be noted:

The Labor Code of the Russian Federation does not prohibit taking a part-time job for the same vacancy as at the main institution, with the exception of some cases noted by the Labor Code of the Russian Federation.
The hired person is assigned a shortened working day (up to 4 hours).
The TD certainly notes that the specialist is registered as a part-time worker. (Part 4 of Article 282 of the Labor Code of the Russian Federation).
The TD can be issued urgently, with the consent of both parties (the period for which the TD is concluded must be specified).
In TD, at the discretion of management, a trial period may be assigned.
A separate item displays the salary of a specialist.
Management does not have the right to establish a ban on employment in other companies in TD.
When registering a TD, the employer is obliged to familiarize the specialist with the work regime. If a specialist can work full time on certain days, then it is required to notify management about this and provide for this in the TD. If the specialist learned about this opportunity after concluding the TD, then in order to change the work regime, it is necessary to draw up an additional agreement with approval of the new work regime.

For greater clarity about what a part-time job is and how to get a part-time job, it is recommended to watch the video.

( Video : “How to get hired for a part-time job?”)

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Part-time jobs under the Labor Code

Part-time work – employment at a second job after completing the shift at the main one. Those. the employee has the right to perform other work at the end of his shift with the same employer or at a different location.

Important: you can work for an unlimited number of employers.

The only condition is the worker’s monthly workload, which cannot exceed half of normal.

Types of part-time jobs

The Labor Code of the Russian Federation distinguishes two types of part-time work – external and internal.

With external part-time work, the employee is bound by labor relations with two different employers, one of whom he works on a full-time basis (main contract), and the second on a part-time basis with reduced working hours. Combining work for one employer will be considered internal part-time work.

Regardless of the type of part-time job, the total working time of a part-time worker at a combined job cannot exceed half the standard working time of an employee working under the main contract.

Taking into account the fact that the standard working day is 8 hours, the daily norm for a part-time worker will be 4 hours a day for a part-time job and the standard eight hours for the main job.

In addition, it is allowed to work in a part-time position on days when the part-time worker is free from his main job. So, on a day off from his main job, a part-time worker can work an 8-hour working day at a part-time job.

A part-time employment contract cannot be concluded with an employee under 18 years of age.

Notice of termination of the contract with a part-time partner

The form of notification of termination of an employment contract with a part-time worker is arbitrary (there is no normative one). It is sent to the employee at least 2 weeks before dismissal.

The notification must indicate:

FULL NAME. and part-time position;
notice of dismissal;
date.

Further on the link you can see notifications of termination of the contract (dismissal) with a part-time worker:

NOTICE OF TERMINATION OF AN EMPLOYMENT AGREEMENT WITH A PART-TIME WORKER

Special terms of the agreement

An employment contract with a part-time worker includes all the standard terms of the contract, taking into account the features inherent in part-time work. So, in the employment contract you will need to indicate:

date and place of his imprisonment;
name of the employer and full name and personal details of the part-time worker;
the position for which a part-time worker is hired;
actual indication of part-time labor relations;
the amount of wages, the size of coefficients, the scope of benefits and compensation on the same terms as for employees under the main contract with adjustments due to fewer hours worked;
the employer’s obligation to make all statutory contributions for a part-time employee;
part-time work hours;
duration of vacation. At the same time, the contract specifies the employer’s obligation to provide the part-time worker with leave simultaneously with his leave at his main place of work;
other conditions that the parties wish to reflect in the contract.

A work book for a part-time worker is not issued and information about part-time work is not entered into it.

You can read about the specifics of paying sick leave for part-time workers in a separate material on the website here.

How to apply for an internal part-time job

This procedure is practically no different from employing a part-time worker “from the outside.” In the same way, a separate (second) employment contract for part-time work should be drawn up. And on its basis, issue an order for employment (Part 1 of Article of the Labor Code of the Russian Federation, letter of the Ministry of Labor dated April 26, 2017 No. 14-2/в-357). If it is drawn up according to the unified form No. T-1, then, as in the case of an external part-time worker, in the line “Conditions of employment, nature of work” you need to make o.

At the request of the employee, an entry about internal part-time work is made in the paper work book. But you don’t need to create a second personal card.

IMPORTANT

When applying for an internal part-time job, you must submit information about employment using the SZV-TD form.
Fill out and submit the SZV-TD via the Internet Submit for free