What is part-time work
As follows from the provisions of Article 282 of the Labor Code of the Russian Federation, part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.
Accordingly, the main features of part-time work are: a separate employment contract and the performance of job duties only at a time when the person is not busy at his main place of work. As a general rule, a part-time worker can work for each employer for a maximum of 4 hours a day. Longer part-time work is possible if a person is free from his main job that day and in other cases listed in Article 284 of the Labor Code of the Russian Federation.
Payment for part-time work is made in proportion to the time worked (Article 285 of the Labor Code of the Russian Federation).
Calculate advance and salary taking into account all current indicators
Part-time sick leave
Payment for part-time sick leave in 2022-2022 depends on the place where the part-time worker was registered for work during the two years preceding the year of disability. It may turn out that it worked:
- With the same employers as in the year when you received sick leave.
- From other employers.
- With the same employers, but had other jobs.
It is more profitable for an external part-time employee working on a part-time basis to apply for benefits to the organization where he works full-time.
Sick leave benefit for part-time worker
Sick leave for pregnancy and childbirth of an external part-time worker: what do you need to know?
Part-time worker goes on maternity leave: how many sick leaves do you need?
What is combination
Article 60.2 of the Labor Code of the Russian Federation allows, with the written consent of the employee, to entrust him with additional duties that were not initially provided for in the employment contract. If such work is carried out along with the main work during the working day without increasing its duration, then this is called combination.
There are different forms of combination. So, it is possible to combine professions or positions. For example, a driver performs the duties of a freight forwarder. Or a deputy - the responsibilities of a manager.
Attention
Professions (positions) filled in a combination manner must be provided for in the staffing table.
Without this, problems may arise with the tax accounting of additional payments for performing additional work, as well as with the payment of state benefits due to the employee (see, for example, decisions of the Fifteenth Arbitration Court of Appeal dated February 15, 2012 No. 15AP-15046/2011 and FAS Volga District dated April 12. 11 in case No. A12-11725/2010). Create a staffing table using a ready-made template Try for free
Another combination option is expanding the service area or increasing the scope of work. For example, a sales manager takes over the work with clients of a colleague during his vacation, or an accountant “closes” an additional area during the illness of his colleague.
In any case, an additional payment is due for the combination (Article of the Labor Code of the Russian Federation). The employer indicates its amount in the proposal to perform additional work. The employee has the right to accept or reject this offer.
To refuse a combination, you need to notify the other party to the contract three working days in advance. Both the employer and the employee have this right (Article 60.2 of the Labor Code of the Russian Federation).
Working hours for a part-time employee
The part-time worker works part-time. This means that its operating time is half of the generally accepted standard. Article 44 of the Labor Code of the Russian Federation regulates the work of part-time workers.
Typically, employees are required to work 40 hours per week, which is 8 hours per day in a five-day work week. Thus, a part-time worker should have a 20-hour week or 4 hours a day.
If the company has established a different working time, then the part-time worker’s working time is half of that accepted in the organization.
In rare cases, a part-time worker may work all day, for example, when released for good reason from the functions of the main job. It must be borne in mind that the standard established within the week (20 hours) must be met in any case.
A part-time worker at 0.5 pay, like everyone else, is entitled to official leave and paid sick leave. Before holidays, their work time is reduced by 1 hour, like that of key workers.
It should also be noted that wages are paid in accordance with the hours worked, or for the amount of work performed.
When is it possible to combine and part-time at the same time?
As can be seen from the above definitions, combination and part-time work are not mutually exclusive concepts. This means that the following situation is possible. The employee is a part-time worker (that is, he performs additional work in his free time from his main job, both for the same and for another employer), and at the same time receives additional payment for part-time work (that is, for performing during the working day along with his main responsibilities and additional work for the same employer).
Accordingly, a person will receive a salary for part-time work. Its size is determined in proportion to the time worked and is agreed upon by the parties in the employment contract for part-time work. And for combined work - an additional payment, the amount of which the employer determines independently when he invites the employee to take on additional workload.
Calculate “complex” wages under different remuneration systems
Internal part-time worker
Recruitment
The organization enters into an agreement with its employee E.V. Avdeeva to work part-time as Deputy Director for Production at 0.5 rates.
On June 01, an admission order was issued. The staffing schedule for this position includes:
- salary - 60,000 rubles;
- monthly bonus - 10,000 rubles.
When hiring an internal part-time worker, complete the Hiring document (Salaries and Personnel - Personnel Documents - Create button).
Note:
- Type of employment - Internal part-time will be automatically filled in when selecting an employee of this Organization.
All other details are filled in similarly to the External part-time worker block.
Read more Payroll for an internal part-time worker
Who cannot be a part-time worker
Due to the direct instructions of Article 282 of the Labor Code of the Russian Federation, under no circumstances can you conclude an employment contract for part-time work with a person who is under 18 years of age.
It is also prohibited to engage on a part-time basis persons who will be employed in work with harmful and (or) dangerous working conditions, or in work related to transport or traffic control, if their main work takes place in the same conditions (Articles 282 and 329 of the Labor Code of the Russian Federation ).
Important
This prohibition applies to both internal and external part-time workers.
Accordingly, in such cases, persons applying for external part-time work must be required to provide documents on the nature of their main job. The head of an organization can be an external part-time worker only with the permission of the authorized body of the legal entity or the owner of the organization’s property, or a person (body) authorized by the owner. These are the requirements of Article 276 of the Labor Code of the Russian Federation.
Only with the permission of the employer can athletes and coaches take part-time jobs at their main place of work (Article 348.7 of the Labor Code of the Russian Federation).
Also, with the permission of the main employer and in the absence of a conflict of interest, civil and municipal employees can work part-time (clause 2, article 14 of the Federal Law of July 27, 2004 No. 79-FZ, clause 2 of Article 11 of the Federal Law of March 2, 2007 No. 25 -FZ).
For lawyers, prosecutors and police officers, part-time work can only be related to scientific, teaching or other creative activities (clause 1, article 2 of the Federal Law dated May 31, 2002 No. 63-FZ, clause 5 of Article 4 of the Federal Law dated 17.01 .92 No. 2202-1, paragraph 4 of Article 34 of the Federal Law of November 30, 2011 No. 342-FZ).
In addition, on the basis of Article 51 of the Federal Law of December 29, 2012 No. 273-FZ, the official duties of heads of state and municipal educational organizations, as well as their branches, cannot be performed part-time. An exception is made for managers of branches in which students receive exclusively practical training. If certain conditions are met, such a position can be filled part-time.
Check the counterparty for signs of a shell company and the presence of disqualified persons
No such prohibitions have been established regarding combinations. This is likely due to the fact that when combined, the relevant work is performed along with the main job responsibilities for the same employer during working hours. This means that the combination does not lead to a violation of the restrictions established in the Labor Code of the Russian Federation on the duration of work of certain categories of persons (minors, drivers, as well as those who work in harmful and dangerous jobs). Also, when combining, there is no conflict of interest, due to which bans on combinations have been introduced for a number of employees and civil servants.
Dismissal of a part-time worker
Part-time workers are hired under specific conditions. Accordingly, the norms for their dismissal also have some nuances.
How to fire a part-time worker
Dismissal without a note in the work book
How to fire a part-time worker if you really need to
We pay severance pay to a redundant part-time worker
When an organization is liquidated or its workforce is reduced, the dismissed employee is paid severance pay in the amount of average monthly earnings. Is the payment of severance pay for internal part-time jobs additional or only for the main position?
Double benefit to a part-time worker upon dismissal due to liquidation
Should severance pay be paid to a part-time worker upon liquidation of the company?
How is a part-time job formalized?
An employment contract must be concluded with the part-time employee. It is necessary for both external and internal part-time work (letter of the Ministry of Labor dated 04/26/17 No. 14-2/B-357).
In both cases, when drawing up a part-time contract, the same rules apply as when hiring an employee for the main job. At the same time, the text of the contract must directly indicate that the work is part-time (Part 4 of Article 282 of the Labor Code of the Russian Federation).
In addition, it must be taken into account that in most cases, under such an agreement, the employee will not be able to work more than 4 hours a day. This means that the regime of his working hours and rest will differ from the one that applies to other employees of the organization. The working time and rest schedule of a part-time worker must be fixed in the text of the employment contract (Part 2 of Article of the Labor Code of the Russian Federation).
Important
For part-time workers, it is permissible not to set a lunch break, since they work no more than 4 hours a day (Part 1 of Article 108 of the Labor Code of the Russian Federation).
Also, in the employment contract with a part-time worker, it is necessary to resolve issues that may arise if this employee is sent on a business trip by the “main” employer (letter of the Ministry of Labor dated 03/05/18 No. 14-2/B-149). For more details, see “A part-time worker is sent on a business trip: when is such a trip possible, and how to register his absence from his second job.”
If a fixed-term employment contract has been drawn up, then you need to indicate its validity period and make a reference to Part 2 of Article of the Labor Code of the Russian Federation. It should be stated that the employment contract was concluded for a certain period by agreement of the parties due to the fact that it is a “part-time” contract.
Draw up and print an employment contract
On the basis of the employment contract, an order (instruction) on hiring is issued (Part 1 of Article of the Labor Code of the Russian Federation). It indicates that the employee works part-time. When using the unified form of order No. T-1, this mark is made in the line “Conditions of employment, nature of work”, where it is written: “part-time work” (see Instructions, approved by Resolution of the State Statistics Committee dated 01/05/04 No. 1). An order for hiring must be issued for both external and internal part-time work (letter of the Ministry of Labor dated 04/26/2017 No. 14-2/B-357).
A personal card for a part-time worker (unified form No. T-2) must be issued for both external and internal part-time work. In this case, the part-time worker is assigned a separate personnel number, which is used to record working hours and calculate wages.
An entry in the work book of a part-time worker can be made by his “main” employer upon a written application from the employee himself (Part 5 of Article of the Labor Code of the Russian Federation). If we are talking about external part-time work, then supporting documents must be attached to the application. This could be an employment contract, a certificate from a part-time job, a certified employment order, etc.
Reference
From September 1, 2022, a new procedure for maintaining labor books will be in effect (approved by order of the Ministry of Labor dated May 19, 2021 No. 320n).
In particular, it clarifies that information about part-time work is also included in cases where a person worked part-time before being hired by the employer whose main job is. And if a person is not currently working, then he has the right to apply to the employer for whom he previously worked part-time to make a part-time entry in the work book. After hiring a part-time worker (both external and internal), you must submit the SZV-TD form (Article 66.1 of the Labor Code of the Russian Federation, subparagraph 2, paragraph 2.1, article 6, paragraph 2.4, article 11 of the Federal Law of 01.04.96 No. 27 -FZ). For more details, see “The Pension Fund explained how to fill out the SZV-TD for a part-time worker.”
Attention
When maintaining personnel records in the web service, you will receive timely reminders about the need to submit the SZV-TD.
If you hire or fire an employee, the program will notify you that a report must be submitted by a certain date. After this, you will be able to fill out the SZV-TD in the program interface and send the report via the Internet. Maintain personnel records in the web service, fill out and submit SZV-TD via the Internet
External part-time worker
When applying for an external part-time job, you should request the same documents as for regular hiring, but additionally presented (Article 65, 283 of the Labor Code of the Russian Federation):
- a document on education or qualifications obtained, if part-time work requires special knowledge and qualifications;
- information about work activity in accordance with Art. 66.1 of the Labor Code of the Russian Federation, if the work is harmful or dangerous.
Information about work activity with the main employer is needed in order to make sure that there are no prohibitions or restrictions on the employee for part-time work.
Recruitment
The organization is hiring I. V. Bobkov as a part-time driver for the position of driver at 0.5 rates.
On June 01, an admission order was issued. The staffing table for this position establishes a salary of 40,000 rubles.
From the documents presented on the work activity of Bobkov I.V. it follows that his main work is not related to driving vehicles, i.e. the requirements of Art. 329 Labor Code of the Russian Federation.
When hiring an external part-time worker, complete the Hiring document (Salaries and Personnel - Personnel Documents - Create button).
Filling features:
- Type of employment - External part-time ;
- Bid — 0,5;
- Salary - the salary amount according to the staffing table for a full-time salary (in our example, 40,000 rubles). If necessary, you can add or change an accrual from the Accruals using the Additional payments .
- Admission conditions - Part-time work, shortened work week - entry into the Order (T-1) will be installed automatically after selecting the Type of employment .
- Electronic work book entry flag - will be installed automatically, since it is necessary to submit information in the SZV-TD form the next day after issuing an order for part-time employment. Click Register .
the Print button, you can print the completed Order (T-1) PDF and the Employment Contract.
Read more Payroll for an external part-time worker
How is the combination arranged?
The employer must first make a formal written offer to the employee to perform additional work. It indicates exactly what work will need to be done, for how long and for what additional payment.
If the employee does not mind, then he puts a mark of consent on this document and certifies it with his signature indicating the date. Based on this document, an order or instruction is issued (for example, on combining professions or positions; on expanding service areas; on increasing the volume of work). This document reproduces all the same conditions that were stated in the employer’s written offer. The order also provides a link to the specified proposal, in which the employee marked his consent to the combination. The employee must be familiarized with this order and signed.
Information about the combination is not entered into the employee’s work book and personal card. An additional employment contract is not concluded.
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”.
