Internal part-time and combination

The Labor Code of the Russian Federation allows for the possibility of employment for additional work. An employee can perform additional duties simultaneously with his main job or in his free time. Depending on this, the employer arranges a part-time job (internal or external) or a combination with the employee. This article deals with internal part-time work, its differences from combination work, and the correct registration of an employee for additional work in accordance with current legislation.

Part-time work: concept and types

Quite often, an enterprise has employees registered as part-time workers.

Part-time work means that an employee works in one organization in the main position and at the same/another enterprise performs some regular type of activity in free time (Article 282 of the Labor Code of the Russian Federation). The key words in this case are “free time” and “regularity”.

Part-time work can be:

external – when the main and additional work is in different organizations;
internal - additional work in the same organization as the main one.

Registration of a full-time employee as a part-time worker is often more profitable than searching for and hiring an applicant from outside (despite the fact that even after completing his studies he can refuse this job). Workers also benefit from the institution of part-time work, as it allows them to receive additional income.

The specificity of part-time employment is that the conditions of such work are made dependent on the applicant’s main job for the position. That is, if the applicant does not have a main job, then he cannot be hired for a part-time job.

do not provide for any restrictions related to the number of registrations by a part-time worker . That is, you can apply for a part-time job as many times as necessary (depending only on desire and strength).

Types of part-time jobs

Part-time work is the official work activity of a person with one or more employers (Article 282 of the Labor Code of the Russian Federation).
Part-time work is regulated. 44 Labor Code of the Russian Federation. Art. 282 regulates that this type of activity must meet a number of requirements:

Carried out under an employment contract with a part-time note.
You can work only when the main entrepreneur has free hours: in the evening or on free days according to the schedule.
Paid as the main job, according to days or hours worked.

According to the Labor Code, part-time work is divided according to the specifics of the place of employment:

Internal part-time work – a person combines 2 types of activities for one entrepreneur. Provides for the signing of 2 contracts with the employer. This type is suitable for both sides at once. The entrepreneur receives a qualified specialist for the required position, who will be able to achieve his goals and make a profit. The employee does not need to look for additional income elsewhere, and his labor potential will be fully utilized.
External part-time work – the employee enters into a second employment contract in another company and works during free hours. At the same time, an employee can enter into additional contracts with any number of companies. The main thing is that it does not harm the main place of work.

Internal part-time and combination: what is the difference

Very often the concepts of “internal part-time work” and “combination” are confused, considering them synonymous. In fact, these are 2 different options for designing additional work.

Article 60 of the Labor Code of the Russian Federation
prohibits requiring an employee to perform duties not stipulated by his employment contract. Therefore, if an employer needs an employee to expand the range of his duties, perform work in a different profession, or replace a temporarily absent employee, the legislation provides 2 options for registering additional work for an already registered employee:

Part-time job.
Combination.

Part-time work represents the full performance of duties by an employee with the mandatory conclusion of an employment contract (Article 60.1 of the Labor Code of the Russian Federation). In this case, additional work is performed regardless of the main duties in the time free from the main job.

Part-time work is regulated by Chapter 44 of the Labor Code of the Russian Federation. The part-time procedure for teachers and doctors has certain features . It is determined by decrees of the Government of the Russian Federation for each category of these persons.

Part-time jobs are issued for vacant positions. After registration, the part-time worker is assigned an independent personnel number.

Keeping records of the working hours of a part-time employee and the main position is done separately.

If the employer finds another employee for a part-time position, for whom this work will be the main one, he can fire the part-time employee. This right of the employer is provided for in Art. 288 Labor Code of the Russian Federation. In this case, the part-time partner must be notified 2 weeks before the date of termination of the contract.

But internal combination is the performance by an employee of an organization of additional duties without interruption from his main job. In this case, the new work is performed within the framework of one employment contract:

for the same position (increased volume of work);
related position (expansion of responsibilities).

The combination does not require the presence of vacant positions. It can also be issued for occupied position (for example, during the absence of the main employee).

The possibility of combination must be provided for in the collective agreement or local act of the organization.

There is no need to show the combination on the time sheet.

For greater clarity, let us combine the distinctive features of internal part-time and combination in the table.

Table: distinctive characteristics of internal part-time and combination

Business trip opportunity

Each employer can send an employee on a business trip, but an employee working part-time can be sent only during free hours from his main activity.

The legislation does not discuss what to do with the main place of work if the duration of a part-time business trip is longer than the employee’s free time. Therefore, you will have to ask for leave at your own expense at your main place, which the boss has the right not to grant.

The question is simpler when business trips coincide. Travel allowances will be paid in the total amount and in two places at once. In this case, employers can agree, and such a trip will be beneficial to all parties.

Internal part-time work: limitations and features

There are categories of workers for whom part-time work is prohibited by labor legislation. So, in accordance with Art. 282, 329, 276 of the Labor Code of the Russian Federation it is unacceptable to hire as part-time workers:

minors;
persons who work in their main job with harmful (dangerous) working conditions - if the part-time job is in similar conditions;
employees of state and municipal institutions;
persons whose main work is related to driving vehicles or their movement - if the planned part-time work is similar;
military personnel (except for such fields as pedagogy, science and creativity) - provided that such part-time work will not interfere with the performance of military duties;
security guards - in relation to public service and paid work in public associations;
judges, lawyers, prosecutors (except for such industries as pedagogy, science and creativity);
heads of organizations - without consent to part-time work from the general meeting of the organization's participants (board of directors) from the main place of work.

Internal part-time work has a number of features:

Internal part-time work is, in fact, additional work performed in free time from the main job in the same organization.
a separate must be concluded between the employee and the employer (Article 282 of the Labor Code of the Russian Federation).
Since the internal part-time worker has already been registered with this employer, he does not need to provide any documents to conclude an employment contract. An exception is a document confirming the competence of a part-time worker if the new job requires special qualifications.
in the employment contract and in the hiring order an internal part- who is being hired .
Full -time internal part-time work is not possible.
a separate time sheet is kept for the employee
An entry about part-time work in the work book is made at the request of the employee (Article 66 of the Labor Code of the Russian Federation).

What does the law say?

The possibility of part-time work, that is, working in an additional place in the time free from main duties, is provided for by Article 282 of the Labor Code.

A person receives additional work on a permanent basis with a salary established and reflected in the contract.

In this case, additional activities are carried out exclusively in free time (after main work or on weekends, holidays).

The main conditions for part-time work are listed in Article 44 of the Labor Code:

The employee has a main workplace where he works. In some cases, employees hide the fact of dismissal, since the employer does not have the right to demand a work book at an additional place of work. This situation does not have any legal consequences for both the employee and the employer.
Labor activities are carried out strictly in free time. In this case, daily employment in an additional place cannot exceed four hours.
Employment must be accompanied by the signing of a separate contract. This is the main difference between part-time work and part-time employment.
Additional work activity, formalized, is full-fledged. The employee receives all guarantees and payments established by labor legislation and local documents in force at the enterprise or organization.
The salary of such an employee depends entirely on the time he actually worked. Half the rate is established for workers who work at least four hours daily. Also, an employee can work two or three hours, but at the same time he will receive a lower salary.
A person who is a part-time worker has the right to take annual leave, receive paid sick leave, as well as accrued bonuses or other incentive payments on the same basis as other employees of the enterprise, organization or institution.

Remuneration for internal part-time workers

Remuneration for internal part-time workers occurs in accordance with Art. 25 Labor Code of the Russian Federation.

Here are the types of remuneration for internal part-time workers:

time-based – proportional to working hours;
piecework - depending on output;
by agreement of the parties - the conditions are specified in the employment contract.

The guaranteed wages of a part-time worker are fixed in the employment contract, taking into account the wage system at the enterprise (Article 135 of the Labor Code of the Russian Federation).

A part-time employee has the right to receive allowances, bonuses and other compensation and incentive payments on a general basis - if such additional payments are provided for by regulations, collective agreements and contracts, and internal regulations of the employer.

How many bets are possible under the Labor Code of the Russian Federation for internal part-time work?

The tariff rate is included in the tariff system for differentiating wages of workers of certain categories (Article 143 of the Labor Code of the Russian Federation).

In practice, normal working hours are 8 hours per day (40 hours per week). This is the length of the working day that corresponds to the full tariff rate. At the same time, Part 1 of Art. 284 of the Labor Code of the Russian Federation establishes a limit on working hours for part-time work - no more than 4 hours a day. Consequently, in proportion, a part-time worker can be hired for no more than 0.5 of the tariff rate.

However, Part 1 of Art. 284 of the Labor Code of the Russian Federation allows that a part-time worker can work full time (shift) if he is free from performing job duties at his main place of work.

So, under standard working conditions, an internal part-time worker can only work at 1.5 times the wage rate (full rate at the main place of work + 0.5 times the internal part-time rate).

Work time

An external part-time worker is permitted by law to work part-time only if it does not exceed half the rate or four hours a day (Article 284 of the Labor Code of the Russian Federation). The legislator calculates based on the time spent at the main job – 8 hours. It is risky to give a part-time worker the opportunity to work full-time, even if he has a vacation at his own expense at his main place of work. Overtime hours (in this case, this is time exceeding 1/2, 1/4 rates established by the contract) are paid as overtime. For external part-time workers, irregular working hours are completely prohibited.

How to reflect in accounting the payment of sick leave to an employee working on an external part-time basis?

On the days preceding official holidays, an external part-time worker may work 1 hour less. If this hour is his daily working time, he can be absent from work and expect to be paid.

An external part-time worker can work full time on some days if he is free from his main responsibilities (day off, vacation, time off). Let us emphasize that the speech in Art. 284 of the Labor Code of the Russian Federation deals with individual days, and not with continuous work. Even under these conditions, the working time fund of a part-time worker should not exceed 1⁄2 of the main one per month.

How to formalize the dismissal of an external part-time worker at his own request ?

The restrictions are lifted if he stopped working at his main job for a number of reasons (Labor Code of the Russian Federation, Articles 142, 73):

the employee is not paid for more than half a month;
he is suspended from work due to illness (a medical report is provided at the place of work).

Algorithm for hiring an internal part-time worker

Registration of internal part-time work occurs in the following order:

The part-time worker writes an application for internal part-time work.
A separate employment contract is drawn up .
Issue an order to hire an employee; it must make reference to the employment contract.
At the request of the employee, you can make a note in the work book about working on a part-time basis.

Documents for internal part-time work and part-time work from the employee

When applying for an internal part-time job, the employee must first write an application .

In principle, an application for a part-time job is not very different from the application that an employee writes when applying for a main job.

Sample employee applications for internal part-time and part-time employment can be downloaded for free using the links:

In case of internal part-time and part-time work, the employee does not need to present the employer with a passport and education documents again, since they have already been provided to the HR department when hired for the main job.

The only exception in this case is the employment of the main employee for additional work, which requires the presence of other qualifications.

Part-time employment contract

An employment contract with an internal part-time worker is not very different from a standard employment contract.

It is traditionally concluded in 2 copies - one for each side. The main difference is that it must contain the mark “ on a part-time basis .”

Also, the contract must separately specify the number of working hours , since, in accordance with labor legislation, the number of working hours of a part-time worker must be half less than the working hours of the main job for a calendar month.

In addition, according to the standard, an employment contract must include the following employment conditions:

rights and obligations of the employee and employer;
wages and social guarantees;
working time and rest time;
liability of the parties to the contract;
amendment and termination of the employment contract;
contract time.

An employment contract with an internal part-time employee can be fixed-term or indefinite , depending on the agreements between the parties and the specifics of the work performed.

Vacation when working part-time

Vacation from two jobs at the same time.

Vacation must be paid at the same time; if a subordinate decides to rest, he has the right to go on a well-deserved rest immediately from the main place of work and from an optional place of work.

A subordinate who works two different jobs at once is considered an external or internal part-time worker. In external cases, a person has the right to go on vacation according to the vacation schedule, and part-time, the manager releases him in accordance with the application that he writes for the same period.

An employer who releases a part-time employee does not have the right to prohibit it, since the Labor Code of the Russian Federation prohibits such actions.

And if an employee is listed as an internal part-time worker, his manager, without asking anything or demanding any documents, simply grants leave for both positions held.

If a working person has vacation time at his main job that exceeds vacation time at his secondary job, then in the second case he must be given the missing days upon application without payment from his part-time job. True, the boss may require a certificate from the main place of work confirming that the vacation there actually exceeds the number of calendar days of vacation from work during optional employment.

When an employee plans to go on vacation, he must note in the vacation schedule the number of calendar days at the main place of work and at the additional one. In this case, problems with the personnel structure should not arise, because employees of the personnel department arrange part-time leaves in the general manner.

In case of secondary employment, vacation pay is determined by the worker’s average earnings.

What to do if a person decides to leave his main job and go to a part-time job? Everything is very simple, you only need to, upon the application and consent of your manager, draw up an agreement to amend the terms of the employment contract.

Can internal part-time work become the main job?

Labor legislation does not provide for a ban on the transition of internal part-time work to the category of the main job.

There are two ways to make such a transition:

is dismissed from the main place of work an additional agreement on the transition is drawn up to the part-time employment contract .
The employee is completely dismissed from both positions and then rehired with a new employment contract .

Prohibitions on outside work

Not all categories of able-bodied citizens can be external part-time workers. The ban concerns (Labor Code of the Russian Federation, Art. 329, 282):

minors;
workers under hazardous conditions, if the same conditions are assumed to be part-time;
workers whose work is directly related to driving transport at their main job (they cannot perform similar work part-time).

Civil servants (municipal employees) can work part-time only with the consent of the main employer, provided that there is no conflict of interest in his main job and other work and the time limit is observed - 4 hours a day, 20 hours a week part-time. They do not have the right to combine positions with work in another organization: heads of local administrations, prosecutors, judges, police officers, customs officers, employees of the Central Bank of the Russian Federation. They are allowed only teaching, creative, scientific work (Federal Law No. 79.25, No. 2202-1, 86, etc.).

All the most important things in a nutshell

When applying for an external part-time job, he does not provide a work book at the place of part-time work.
It is prohibited to employ such an employee at a rate of more than 0.5. Restrictions are lifted only if he has completely stopped working at his main place (medical indications, delayed wages). The employment contract must indicate external part-time work and the terms of its payment.
A part-time worker has the right to take leave simultaneously from his main and additional place of work, but the legislation does not contain such obligations.
Payment for sick leave depends on whether the employee changed employers two years before illness. Payment can be made from one or several employers.
External part-time work is prohibited for minors and citizens with special working conditions at their main job.

Results

Thus, part-time and combination are two different concepts. Part-time work is actually a second job, while part-time work is only an additional responsibility to the main job.

Violations in this area entail liability in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation. In order to avoid mistakes in registering these labor relations, it is necessary to take into account their features and register employees only strictly in compliance with all established rules.