Restrictions associated with part-time work. Combination and part-time: what is the difference, how they are processed and paid. Despite their external differences, they have a lot in common

For many people, getting two jobs at the same time is the only way to get a decent salary. In order to implement this employment option, it is necessary to carefully study the legal requirements for employment in two organizations. In many cases, this can only be done through external part-time work.

External part-time work - what is it?

External part-time work is simultaneous employment in 2 organizations, one of which is a permanent place of employment, and work in another organization is carried out only in free time from the main work activity. This type of work process organization is very common in areas such as education, culture, and medicine. In almost every field of activity, a citizen can count on additional employment in another organization.

The only exceptions are industries that are hazardous to health, as well as organizations that use heavy physical labor.

External part-time job according to Labor Code

The procedure for hiring a part-time employee is described in detail in the following articles of the Labor Code of the Russian Federation: 282; 283; 284; 285; 286.

Before you get a job using this option, you need to study these articles in order to know exactly how much working time you can count on in a part-time job, as well as the rights and responsibilities of an employee who works in this mode.

Restrictions on accepting a part-time worker

Taking care of the health of citizens who are forced to combine their main job and work responsibilities in another organization, the legislator has developed restrictions for this category. At an additional place of work it is prohibited:

• Work for more than 0.5 times the rate.
• Work according to this schedule if the employee is under 18 years of age.
• Find a part-time job if holding this position on such a schedule is prohibited by federal law.

In all other cases, the Labor Code provides the opportunity for any citizen of the Russian Federation to obtain additional part-time employment. Moreover, the number of such combinations is not limited.

How to hire such an employee?

For an employer, hiring an employee for a part-time position will not be difficult. On the contrary, if this employee is already working in another organization in this specialty, this means that this specialist has professional experience in “real time”.

To receive such a specialist, you will need to obtain the following documents from him:

The process of hiring an external part-time employee is carried out in the following sequence:

1. A citizen who is employed according to such a schedule must write an application addressed to the head of the organization. The application must indicate a request for admission to a specific position in a given organization, indicate the date, and certify this document with your signature.
2. An employment contract is concluded with such an employee, which specifies the amount of monetary remuneration, as well as his rights and obligations. This document is certified by the signature of the employee, and on the part of the employer, the head of the organization puts a seal and personal signature.
3. The head of the organization draws up an order to hire an employee for a specific position. The order indicates the last name, first name, patronymic of the new employee, and the name of the position for which the specialist was hired. IN this document It is imperative to indicate that the citizen is hired by. The order is certified by the seal and signature of the director, and the hired employee must be familiarized with this document upon signature. An order to hire an employee under an external part-time contract must be assigned a number and a date indicated.
4. A personal card is created for the employee, which indicates his marital status and information about education.

When requested by an employee who wishes to enter information about work on, the employer is required to provide a copy. The employee must present this copy to the place of permanent employment so that the employer makes an entry in the work book.

Nuances of working conditions

If this employee is employed in an organization according to such a schedule with a workload of more than 0.5 times the rate, then this will be a gross violation of the Labor Code of the Russian Federation. A company employee who has a part-time job is subject to a work time limit that should not exceed 4 hours a day.

Allowed only on those days when the employee is not involved in the main service. Vacation for an employee who is involved in this organization on such a schedule must be granted simultaneously with vacation from his main job.

The remaining conditions do not differ from regular employment.

How to register for employment?

If you wish, you can make an entry in your work book about external part-time work at your main place of work.

To confirm this type of employment, a citizen may present one of the following documents:

• A copy of the employment order.
• Certificate from your place of work.

A copy of the order must be certified. To do this, the inscription “Copy is correct” is made on the document and certified by signature personnel worker. The certificate of employment must be drawn up in such a way that
so that the position, date of employment and details of the order for the employment of this employee are indicated.

In order for the corresponding entry to be made in the work book, it is necessary to write an application addressed to the manager of the organization where the employee works on a permanent basis. A copy of the employment order or a certificate from the place of employment according to such a schedule should be attached to the application.

When all the documents have been collected, the head of the organization issues an order in any form, which states that changes will be made to the work book of an employee who has an external part-time job.

Entries in the work book are made in the following sequence:

• The serial number of the record is indicated.
• An exact record of the date of the employee's appointment is made.
• A record of hiring an employee for a specific position is made, the employee’s specialty and the name of the organization where this specialist works is also indicated.
• A record is made about the document on the basis on which this record was made.

When dismissing an employee from the place where he carries out part-time work, a similar entry must be made in the work book, as when hiring an external part-time job.

In the case when an employee leaves his main place, his external part-time job does not automatically become a permanent place of employment. If you want to do something minor
employment as the main one, it is necessary to terminate the part-time contract and draw up a standard contract.

Working hours and working hours

To ensure high labor efficiency, the legislation establishes temporary restrictions on the performance of labor duties at the place of external employment. An employee is allowed to work in such a place for no more than 4 hours a day, and no more than 20 hours a week. It is worth noting that the number of such places of work is not limited by law and a citizen has the right to cooperate with an unlimited number of organizations.

An employee can count on working more than 4 hours a day only if he has a day off at his main place of employment. In times of economic crisis, many people are thinking about earning extra money. When employed in an additional position, you must adhere to all legal standards in order to have all the rights of an officially registered employee.

The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of labor organization differ? What features need to be taken into account when hiring a part-time worker? Is it necessary to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in this article.

Part-time work and combination work are completely different forms of labor organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the labor of part-time workers and those who master other positions and professions, let’s briefly understand the terminology.

If an employee, in his free time from his main job, performs other regular paid work under the terms of an employment contract, this is part-time work (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only for your employer, but also for another organization (for another entrepreneur or an individual who is not an entrepreneur).

When combining professions (positions), the work is carried out “during the established duration of the working day (shift)” and always with the same employer (Article 60.2 of the Labor Code of the Russian Federation).

Now that the main differences between part-time and combination jobs have been defined, we can move on to the details.

Part-time job

So, there are several factors that determine part-time work: the employee has a main place of work, performs labor functions ( job responsibilities) in his free time from his main job, does this regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.

As follows from Article 60.1 of the Labor Code of the Russian Federation, part-time work can be external and internal.

External part-time job- this is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an entrepreneur without forming a legal entity, and an employer - individual who is not an entrepreneur.

Internal part-time job- performing other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work, indicating the position, profession, specialty as a part-time worker.

Who cannot be a part-time worker

The Labor Code prohibits certain categories of citizens from working part-time. Firstly, these are persons under 18 years of age. And secondly, employees whose main work involves hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.

In addition, some restrictions on part-time work have also been established for heads of organizations. Thus, according to Article 276 of the Labor Code of the Russian Federation, “the head of an organization can work part-time for another employer only with the permission of the authorized body of a legal entity or the owner of the organization’s property, or a person (body) authorized by the owner.”

In certain cases, the Labor Code refers the employer to other federal laws and regulations that limit the combination of certain employees. These are, in particular, federal laws on state and municipal unitary enterprises, bodies of the judicial community, advocacy and the legal profession, magistrates. The list of such acts also includes resolutions of the Government of the Russian Federation (for example, a resolution regulating the procedure and conditions of part-time service (work) in the system of the Ministry of Internal Affairs of Russia).

The ban on part-time work is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition to this, can only engage in teaching, scientific or other creative activities. Working conditions for part-time teaching, medical, pharmaceutical and cultural workers are also special and regulated Labor Code, other laws and acts. For example, by the eponymous resolutions of the Government of the Russian Federation dated April 4, 2003 No. 197 and the Ministry of Labor of Russia dated June 30, 2003 No. 41 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers.”

We conclude an employment contract with a part-time worker and register him for work

The procedure for hiring an employee on a part-time basis is the same as when hiring him for his main job. Employment contract with a part-time employee is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other with the employee’s mark “Received the second copy of the employment contract” is kept by the employer.

It is necessary to stipulate in the employment contract that the work will be performed on a part-time basis (paragraph 4 of Article 282 of the Labor Code of the Russian Federation). For example, the corresponding provision may look like this: “The employee is hired by the Employer on a part-time basis.”

A typical mistake made by employers: with an employee who is hired as internal part-time worker, a new employment contract is not concluded. In this case, the salary is calculated simultaneously for both the main job and the work performed part-time.

However, it is necessary not only to conclude an employment contract with such an employee, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, this employee will appear twice in the timesheet: as the main employee and as a part-time employee.

The list of required documents when hiring on a part-time basis is given in Article 283 of the Labor Code. This:

Passport or other identification document;

A diploma or other document on education, professional training if the upcoming work requires special knowledge (or duly certified copies of such documents);

Certificate about the nature and working conditions at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.

However, the listed documents may not be required from an internal part-time employee, since such an employee has already submitted copies of all the necessary documents.

Working hours

The legislation, as before, limits the maximum working hours of part-time workers, but does not indicate the minimum duration.

“The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly working time standard (working time standard for another accounting period) established for the corresponding category of workers” (Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the standard working time is 40 hours, then the duration of a part-time worker’s working time cannot exceed 20 hours.

Please note: restrictions on working hours when working part-time do not apply in two cases.

First case. The employee suspended work at his main place of work due to the employer’s violation of the deadlines for paying wages (Part 2 of Article 142 of the Labor Code of the Russian Federation).

Second case. The employee is suspended from his main job in accordance with a medical report, and it is impossible to transfer him to another job (Parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation).

Considering that the working time and rest time regime (it is usually individual for part-time workers) is prerequisite To be included in an employment contract, it must be stated in the employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:

“The employee is assigned a five-day working week of 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.

Days off for the Employee are Saturday and Sunday.”

“The employee is assigned a 12-hour work week. The employee works on a rotating schedule: Monday, Wednesday and Friday from 18.00 to 20.00, Tuesday and Thursday from 17.00 to 20.00. Days off for the Employee are Saturday and Sunday.”

Remuneration

The work of part-time workers is paid “in proportion to the time worked, depending on output or on other conditions determined by the employment contract. This is indicated in Article 285 of the Labor Code of the Russian Federation.

When standard assignments are established for persons working part-time with time-based wages, wages are paid based on the final results for the actual volume of work performed.” At the same time, part-time workers must be paid all necessary regional coefficients and allowances, where such are established.

As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a remuneration system for a part-time worker is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: “the salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited to the maximum.” When setting wages, any kind of discrimination is prohibited.

A few words about the minimum wage for part-time workers. In accordance with Article 133 of the Labor Code of the Russian Federation, “the monthly salary of an employee who has worked standard working hours during this period and fulfilled labor standards (labor duties) cannot be lower minimum size wages." But the remuneration of part-time workers can be calculated in proportion to the time worked or in proportion to production and, thus, be less than the minimum wage.

Vacation

The procedure for granting leave to part-time workers is clearly stated in Article 286 of the Labor Code and differs significantly from the procedure for granting leave for their main job. In particular, this article states that “persons working part-time are granted annual paid leave simultaneously with leave for their main job. If an employee has not worked for six months at a part-time job, then leave is provided in advance.”

Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which “the right to use leave for the first year of work arises for an employee after six months of continuous work with a given employer” does not apply to part-time workers. An external part-time worker who wishes to receive another vacation simultaneously with leave from his main place of work can be advised to take the appropriate certificate from his main place of work and present it to the employer for whom the part-time work is performed.

The duration of vacation for part-time workers, as well as for main employees, cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the duration of leave for a part-time worker at his main job is longer than for a part-time job, the employer is obliged, at the request of the part-time worker, to provide him with leave without pay for the corresponding duration. Calculation of the average salary for vacation pay and compensation for unused vacations is carried out according to general rules. This is stated in Article 139 of the Labor Code.

What to do if a part-time worker, having used his vacation in advance, quits? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee’s salary for unworked vacation days.

Guarantees and compensation

For employees working part-time, guarantees and compensations provided for by law, local regulations, agreements are provided in full. An exception is the list of guarantees and compensations for “persons combining work with study, working in the Far North and equivalent areas.” In these cases, guarantees and compensation are provided to employees only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

Another exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of the organization or termination of activities individual entrepreneur(Clause 1, Article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (Clause 2, Article 81). Such an employee is paid only severance pay in the amount of average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at his main place of work, he does not retain the average monthly salary for the period of employment.

Dismissal

An employment contract with a part-time worker in accordance with Article 288 of the Labor Code may be terminated by common grounds. Let us remind you that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for termination of an employment contract: “an employment contract concluded on indefinite period with a person working part-time, may be terminated if an employee is hired for whom this work will be the main one.”

Please note: We are talking about a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.

As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to warn a part-time worker about this in writing. Moreover, this must be done at least two weeks before the specified event.

In all cases, the day of dismissal of the employee is the last day of his work. On this day, the employer is obliged to make a full settlement with him.

And one more thing. According to Article 66 of the Labor Code of the Russian Federation, “at the employee’s request, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.”

Combination of professions (positions)

When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional pay (Article 60.2 of the Labor Code of the Russian Federation). Let's look into the nuances.

Under combination of professions refers to the performance by an employee, along with the work specified in the employment contract, of additional work in another profession. Combination of positions- this is the performance by an employee of additional work in another position. The concept of “combining professions” applies to workers, and the concept of “combining positions” applies to employees and specialists.

The combination also includes expanding service areas, increasing the volume of work. In this case, the employee, along with the work specified in the employment contract, performs an additional amount of work in the same profession or position.

And finally, another type of combination is the performance of the duties of a temporarily absent employee without release from work specified in the employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or other reasons) and who, in accordance with current legislation, is retained workplace(job title).

The period during which the employee will perform additional work is established by the employer with the written consent of the employee. This is stated in Article 60.2 of the Labor Code of the Russian Federation. The amount of payment for combined work is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.

All types of combining professions (positions) can be assigned only with the written consent of the employee. The combination is formalized as follows. Due to the fact that the conditions on the “labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; specific type work entrusted to the employee)” are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.

Based on the concluded additional agreement, it is necessary to issue an order on combining positions, for example, with the following text:

“Maria Grigorievna Limonova, secretary-assistant, shall be entrusted, in order to combine positions, with performing the duties of an office manager from October 10, 2006, with an additional payment for combining positions in the amount of 5,000 rubles per month.”

Please note: when registering a combination, you do not need to enter into a new employment contract, nor do you need to make entries in the work book.

The employee has the right to refuse to perform additional work ahead of schedule, and the employer has the right to cancel the order to perform it ahead of schedule, warning the other party in writing no later than three working days in advance (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement to the employment contract is also concluded, and on its basis an order is issued to cancel the combination.

• Labor law

Features of labor regulation for persons working part-time are determined by Chapter. 44 Labor Code of the Russian Federation. Part-time work is the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job (Article 282 of the Labor Code of the Russian Federation). Mandatory signs of part-time work are:

Having a main workplace of this employee(that is, is already in an employment relationship with the same or another employer);

Performing work in free time from main work;

Performing work under the terms of a separate employment contract.

Article 60.1 of the Labor Code of the Russian Federation establishes two types of part-time work:

Internal (work in the same organization during free time from the main job);

External (work under an employment contract concluded with another employer).

Part-time work differs from another concept enshrined in Art. 60.2 of the Labor Code of the Russian Federation - combination, which means performing additional work in a different or the same profession (position), along with the work specified in the employment contract. Such work is performed with the written consent of the employee and during the established duration of the working day (shift).

For clarity, we present the main differences between part-time and combination jobs in the form of a table.

Both in case of part-time work and in case of combination, an agreement is concluded on full financial liability. In this case, one must be guided by the List of positions and work replaced or performed by employees with whom the employer can enter into written agreements on full individual financial responsibility for the shortage of entrusted property, approved by Resolution of the Ministry of Labor of Russia N 85.

Categories of employees who are prohibited from working part-time

The Labor Code of the Russian Federation contains a ban on part-time work for certain categories of employees. In particular, according to Art. 282 of the Labor Code of the Russian Federation, it is impossible to carry out other paid activities along with the main one:

Persons under 18 years of age;

Persons engaged in heavy work, work with harmful and (or) dangerous working conditions, if the main work is associated with the same conditions;

In other cases provided for by the Labor Code of the Russian Federation and other federal laws. For example, Art. 329 of the Labor Code of the Russian Federation prohibits employees whose work is directly related to management vehicles or managing their movement, work part-time in similar institutions.

It is also prohibited to carry out paid work on a part-time basis, except for scientific, teaching and creative activities, and to engage in entrepreneurial activities:

Deputies of the State Duma;

Employees of the Bank of Russia (Article 90 of Law No. 86-FZ);

Prosecutor workers (clause 5 of article 4 of Law No. 2202-1);

Judges (clause 3 of article 3 of the Law of the Russian Federation N 3132-1);

Police officers (Article 20 of the Law of the Russian Federation N 1026-1);

Employees of foreign intelligence agencies (Article 18 of Law No. 5-FZ);

Persons of command and employees of the federal courier communications (Article 9 of Law No. 67-FZ);

Civil servants (clause 2, part 1, article 17 of Law No. 79-FZ).

Part-time hiring

When applying for employment, the employee must present the following documents:

Passport or other identification document;

Insurance certificate of state pension insurance;

Military registration documents.

If part-time work requires special knowledge and skills, then the management of the institution has the right to demand a document confirming that the employee has such knowledge (diploma, certificate of completion of the relevant educational institution). Also, the employer has the right to require a certificate about the nature of the work activity at the main place of work if part-time work is associated with harmful or dangerous working conditions (Article 283 of the Labor Code of the Russian Federation).

In any case, an employment contract must be drawn up with the employee, indicating that the work is part-time; on its basis, an order for admission to part-time work must be issued, and a personal card must be created. Before signing an employment contract, the employee must be familiarized with the internal labor regulations (Article 68 of the Labor Code of the Russian Federation).

The work book is not presented, since it is stored at the main place of work. In that case, according to Art. 66 of the Labor Code of the Russian Federation, if an employee wishes to enter information about part-time work in the work book, he must make such a request to the employer at the main place of work and submit documents confirming such work - a certified copy of the employment order.

Duration of part-time work

The duration of part-time work should not exceed 4 hours per day. Moreover, during one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of workers (Article 284 of the Labor Code of the Russian Federation). That is, with a normal working time of 40 hours a week, part-time work should not exceed 20 hours during this period.

On days when the employee is free from performing work duties at his main place of work, part-time work full time or shift is allowed (Article 284 of the Labor Code of the Russian Federation).

Certain categories of workers (medical, teaching and cultural workers) have reduced working hours. Thus, for medical workers, the duration of working hours is determined by the Government of the Russian Federation, taking into account the position and (or) specialty of the employee and cannot exceed 39 hours per week (Article 350 of the Labor Code of the Russian Federation). For teaching staff Art. 333 of the Labor Code of the Russian Federation, the working time is no more than 36 hours per week. Duration of daily work (shift) of creative workers mass media, cinematography organizations, television and video crews, theaters, theatrical and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation , can be established by a collective agreement, a local regulatory act, or an employment contract (Article 94 of the Labor Code of the Russian Federation).

At the same time, Art. 282 of the Labor Code of the Russian Federation allows for the regulation of part-time work for the specified categories of workers in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social labor relations. In certain cases, the duration of part-time work is the monthly work standard for the corresponding category of workers. Let us consider these provisions in more detail.

Features of part-time work for certain categories of workers

Decree of the Government of the Russian Federation N 197 established that the features of part-time work for teaching, medical, pharmaceutical and cultural workers are determined by the Ministry of Health and Social Development of the Russian Federation in agreement with the Ministry of Culture and Mass Communications of the Russian Federation and the Ministry of Education and Science of the Russian Federation and taking into account the opinion of the Russian Tripartite Commission on regulation of social and labor relations.

In accordance with this, the Ministry of Labor issued Resolution No. 41 of June 30, 2003 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” (hereinafter referred to as Resolution No. 41), which is the most comprehensive normative document regulating relations in the area under consideration.

Subparagraph "a" of paragraph 1 of Resolution No. 41 establishes that these categories of workers have the right to carry out part-time work - performing other regular paid work under the terms of an employment contract in their free time from their main job at the place of their main job or in other organizations, including for a similar position, specialty, profession, and in cases where a reduced working time is established (except for work in respect of which regulatory legal acts The Russian Federation has established sanitary and hygienic restrictions). By definition of the Armed Forces of the Russian Federation dated 05.08.2004 N CAS 04-295, this provision allows for internal part-time work and, accordingly, remuneration of the employee in a single amount (and not as for overtime work- for the first two hours not less than one and a half times, for subsequent hours - not less than double size(Article 152 of the Labor Code of the Russian Federation)), was found not to contradict the norms labor legislation. Thus, workers in the fields of activity under consideration can work in the same or a different position, specialty, profession, both for another employer and for the main one.

In accordance with paragraph 2 of Resolution No. 41, the following types of work are not considered part-time work for the categories of workers in question and do not require the conclusion (registration) of an employment contract (and, accordingly, the issuance of an order for employment and the establishment of a personal card):

Conducting medical, technical, accounting and other examinations with a one-time payment;

Pedagogical work on an hourly basis in an amount of no more than 300 hours per year;

Consulting by highly qualified specialists in institutions and other organizations in an amount of no more than 300 hours per year;

Supervising graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as heading the department, directing the faculty of an educational institution with additional payment by agreement between the employee and the employer;

Pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution general education, institution additional education children and other child care institutions with additional payment;

Work without holding a full-time position in the same institution or another organization, including the performance by teaching staff of educational institutions of duties in managing offices, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work in the management of industrial training and practice of students and other students, duty of medical workers in excess of the monthly working hours according to the schedule;

Work in the same educational institution or another children's institution in excess of established norm hours of teaching work at the wage rate of teaching staff, as well as accompanists and accompanists for the training of arts workers.

The specified types of work can be performed on a regular basis working hours with the consent of the employer. The exceptions are:

Literary work, including work on editing, translation and reviewing individual works, scientific and other creative activities without holding a full-time position;

Work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.

At the same time, it should be remembered that performing other paid work in your free time from your main job does not require the consent of the main employer.

Part-time work for healthcare workers

Subparagraph "b" of paragraph 1 of Resolution No. 41 for healthcare workers establishes the following maximum possible standards for part-time work:

For medical and pharmaceutical workers - half the monthly standard working time, calculated based on the established length of the working week;

For medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week, - 16 hours of work per week;

For doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage, a monthly standard of working time, calculated based on the established length of the working week. In this case, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined federal authorities executive branch, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or bodies local government, - in the manner determined by the authorities state power subjects of the Russian Federation or local governments;

For junior medical and pharmaceutical personnel - the monthly standard of working time, calculated based on the established length of the working week.

In Art. 350 of the Labor Code of the Russian Federation states that, taking into account the opinion of the relevant all-Russian trade union and the All-Russian Association of Employers, by decision of the Government of the Russian Federation, the duration of part-time work may be increased medical workers healthcare organizations living and working in rural areas and urban settlements. In accordance with this, Russian Government Decree No. 813 states that the duration of part-time work for such workers should be no more than 8 hours a day and 39 hours a week.

Part-time teaching and cultural workers

Subparagraph "b" of paragraph 1 of Resolution No. 41 establishes restrictions on part-time work for teaching staff (including trainers, teachers, trainers) - half the monthly standard working time, calculated based on the established length of the working week. If these workers have half of the monthly working hours for their main job less than 16 hours per week - 16 hours of work per week.

Pedagogical work of highly qualified specialists on a part-time basis can be carried out in educational institutions advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work (clause “c”, paragraph 1 of Resolution No. 41).

For cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors, part-time work can be performed within the limits of the monthly working time standard, calculated on the basis of the established length of the working week (clause "b" clause. 1 of Decree No. 41).

Providing guarantees and compensation

Almost all guarantees and compensations provided for by the Labor Code of the Russian Federation, local regulations, collective agreements, agreements apply to part-time workers. However, according to Art. 287 of the Labor Code of the Russian Federation, guarantees and compensation related to the combination of work and training, as well as work in the Far North and equivalent areas, are provided only at the main place of work.

Annual paid leave is provided to a part-time worker simultaneously with leave for his main job. If the duration of an employee’s annual paid leave at a part-time job is less than the duration of leave at the main place of work, then the employer, at the request of the employee, provides him with leave without pay for the corresponding duration. If an employee has not worked for six months at a part-time job, leave is provided in advance (Article 286 of the Labor Code of the Russian Federation). As a rule, to apply for leave to a part-time worker, the latter must submit a copy of the order granting leave at the main place of work. Vacation pay and compensation for unused vacation are carried out according to the general rules of labor legislation.

It should be noted that part-time workers, on an equal basis with others, have the right to temporary disability and maternity benefits. In accordance with paragraph 2 of Art. 13 Federal Law N 255-FZ, insured persons working for several employers have the right to receive such benefits from everyone. In this case, the employee submits certificates of incapacity for work for each place of work.

Termination of an employment contract with a part-time worker

An employment contract with a part-time worker is terminated on the general grounds defined in Art. Art. 77, 81 Labor Code of the Russian Federation. In addition, Art. 288 of the Labor Code of the Russian Federation establishes an additional basis for termination of an employment contract: hiring an employee for whom this work will be the main one. In this case, the employee must be notified in writing no later than two weeks before the termination of the employment contract or service contract.

Articles 81 and 261 of the Labor Code of the Russian Federation establish a ban on dismissal:

Employees during illness or vacation;

Pregnant women and women with children under three years of age;

Single mothers raising a child under 14 years of age (disabled child under 18 years of age);

Other persons raising these children without a mother.

The most common question is about documentation in the case when part-time work becomes the main one for the employee. The Labor Code of the Russian Federation does not establish a procedure for formalizing labor relations in this case. In order to avoid violation of the employee’s rights to annual paid leave, we recommend drawing up an additional agreement to the employment contract on changing working conditions (Article 74 of the Labor Code of the Russian Federation), issuing an order for the main activity on changing the working conditions of this employee and making a corresponding entry in the work book, for example: " Consider working as a nurse as your primary place of employment." The basis for making such an entry in the work book will be an order for the main activity.

Low wages force many people to look for new sources of income. Current law The Russian Federation allows part-time work or combining several positions to obtain additional financial resources. In this article, we propose to learn about the difference between part-time work and part-time work, and also analyze the advantages and disadvantages of each of these methods of earning additional income.

The meaning of the term "part-time"

Labor Code – regulatory document, regulating the relationship between the employer and the employee. This document contains a detailed list of the rights and obligations of each party to this relationship. The forty-fourth article of this document contains regulations governing the implementation of work activity part-time. According to the established rules, these job duties must be performed during hours free from the main work activity.

In addition, each worker is given the right to perform part-time duties on weekends or holidays. It is important to note that there are a number of interesting nuances in this issue. Current legislation states that these duties cannot be performed during a lunch break or at the end of the working day.

Among the distinctive features of this type of employment, the following features should be highlighted:

1. This type of work can only be performed by a person with official employment(main workplace).
2. Part-time work can only be performed during the time period when the employee has already completed his main job responsibilities.
3. Part-time work implies the existence of an additional agreement between the parties, which will fix the amount of work that is counted as this type of work.

Upon detailed study of the sixtieth article of the Labor Code, we can conclude that part-time work is divided into two categories: internal and external part-time work. With internal part-time work, the employee fulfills additional labor obligations while being on the territory of the main employer. This type of work is allowed only if there are vacancies in the company.

It is important to understand that all additional work responsibilities are performed only after primary obligations have been completed.

External part-time work involves additional employment with another employer. It should be mentioned that this type work is allowed only on legal days off. Most often, this method is used by those people who work on shift schedule. It also needs to be said that today an employee is allowed to combine the same position at different enterprises.

The meaning of the term "combination"

When considering the question of what part-time work and combination work are, you should delve into the study of the Labor Code. According to the sixtieth article of this document, the term “combination” is used in relation to the performance of those types of additional work that are carried out at the main place of work activity. Speaking in simple words, the employer gives the subordinate an additional workload that is combined with the main activity.

Based on the above, we can conclude that these types of work activities have significant differences from each other. When combining, the employee must give written consent to the additional amount of work. It is important to note that in this case there is no need to conclude an additional employment agreement. As required document Only the order of the head of the company is considered.

The main difference between a part-time job and a combination job is that in the latter case, the employee can refuse the boss’s request to fulfill additional work obligations.

Part-time work is a personal initiative of a person in the case when he is not satisfied with the financial conditions at his main place of work.

It should be noted that the head of the company does not have the right to assign his employees an additional amount of combined work without the written consent of the employee himself. This means that every worker is given the legal opportunity to refuse such an offer. As practice shows, many employers exceed their official authority, loading employees with additional work, paying for work according to the established salary. In order to prevent such a scenario, every person engaged in labor activity must carefully study their job descriptions, which contain all the information about the obligations of the company’s employees.

If you want to get a source of additional income, you must first study the current Labor Code in order to learn to understand the difference between part-time and part-time work. Knowing these nuances will reduce the risk of conflicts with the company administration.

Advantages of each type of work activity

If you need to obtain an additional source of income, you should analyze in detail all the pros and cons of each of the types of work activity under consideration. There is a significant difference between working part-time and combining several positions. However, not every representative of the HR department can answer the question of what type of work is more profitable for a company employee.

Among the advantages of part-time work, one should highlight the opportunity to choose a new direction of work activity. This type of additional work allows a person to improve their professionalism and increase their level of qualifications. In addition, part-time work allows you to get significantly greater profits in comparison with a combination. But it should be noted that combination has a number of its advantages. Among them are:

1. Opportunity to increase your salary by performing a larger volume of work.
2. The opportunity to improve the level of qualifications by replacing a temporarily disabled company employee.
3. A chance for promotion by raising your own authority in the eyes of the company's management.

Based on the above, we can conclude that each employee must independently decide which type of additional income is more profitable. When choosing between a combination and a part-time job, you need to focus on your own needs.

Procedure for processing documents

Analyzing the prevalence of these types of work activities is practically impossible. Each company independently decides on the introduction of those vacancies that may be available to employees working part-time or part-time. As practice shows, for many companies with developed internal structure, combining several positions is a standard process. Most often, this technique is used when the main employee is temporarily incapacitated. This fact is explained by the fact that it is not profitable for the company administration to attract a new employee for a short period of time. It is this factor that becomes the reason that one of the workers of the enterprise is asked to combine several positions.

In most cases, a candidate who performs similar duties to the temporarily absent specialist is considered for such a position. It is important to understand that when combining, it is unacceptable to increase the duration work shift or separation from the fulfillment of basic obligations. For official appointment to a position are used administrative documents.

Part-time and combination - what is the difference between these concepts? A part-time worker is a separate unit with its own privileges. Appointment to a position is carried out by concluding an employment agreement.

It is important to pay attention to the fact that there are a number of citizens who do not have the opportunity to work part-time. The list of persons belonging to this category is recorded in the two hundred and eighty-second article of the Labor Code. To date, this type of work is not available to deputies, employees of the prosecutor's office and the Ministry of Internal Affairs, as well as staff of credit institutions. In addition to civil servants, this type of work activity is prohibited for persons under the age of majority and people whose job responsibilities are related to transport management. It should be noted that part-time work is not acceptable for workers engaged in hazardous production processes (in the case where part-time work implies similar working conditions).

It should be noted that these rules do not apply to part-time work, since all work obligations are carried out during the working day.

An example of the difference between the two types of work activity

From all of the above, we can conclude that, in addition to the differences, the types of work activity under consideration have a number of similar features.

Part-time and combination, main differences table:

Thanks to this article, you can find out the main differences between the two types of earnings. It is important to note that for each of these types of work activities, the employee is assigned a certain level of financial responsibility, which is directly proportional to the position held.

"Accounting and Personnel", 2008, N 1

Part-time and combination. feel the difference!

The problem of lack of money is universal. It is hardly possible to find at least one person who is completely satisfied with his income. Where can I get additional finance? That's right: if you brush aside all criminal possibilities, then all that remains is to work more. And the accountant of the company where such hardworking employees work has additional questions. What options are there for getting a part-time job? What is the difference between them? You will find the answer in this article.

The Labor Code distinguishes between two main types of part-time work:

Additional work performed during the working day;

A part-time job that an employee does after graduation, that is, in his free time.

Eight hours for work and part-time work

Let’s assume that during the working day, in addition to his main duties, an employee also does work in another position or profession. This phenomenon is called combination (Article 60.2 of the Labor Code of the Russian Federation). He has the following symptoms:

An agreement has been concluded with the employee to perform the main work;

A separate employment contract is not drawn up for additional work;

The employee works part-time in the same organization;

The employee does not stop performing his main duties;

The employee does part-time work during his working day;

Additional and main work refer to different professions or positions provided for in the staffing table.

If the position is the same...

A logical question: is it not possible to additionally work in the same position (profession) as the main one? Of course you can! Only in this case we are no longer talking about combination, but about expanding service areas or increasing the volume of work. These concepts, by the way, are regulated by the same article - 60.2 of the Labor Code of the Russian Federation. All the same conditions are present here as in the combination case, only the employee performs work in his own profession (position), but to a greater extent.

Let's give an example. If a storekeeper also performs the duties of a loader in a warehouse, this is a combination. But the maintenance by a specialist of the HR department, to which a certain division of the organization is assigned, also of the work books of employees of another department, will already be an expansion of the service area.

Note. Combination of positions (professions) - performance by an employee of additional work in another position (profession) in the same organization during the working day.

Most often, employers use both combining and expanding service areas (increasing the volume of work) to fulfill the duties of a temporarily absent employee. Moreover, increasing the volume of work is practiced more often.

There is no fundamental difference between these concepts. The Labor Code regulates both combination and expansion of service areas in the same way. However, if, on behalf of the manager, an employee performs work in another position or profession (that is, there is a combination of jobs), it is necessary to first check the employee’s suitability for this position or whether the employee has special knowledge in the required profession.

How to arrange a combination

The employer does not have the right to “load” an employee with additional duties (not related to his main job) during the working day. This is possible only with the written consent of the employee himself. This requirement is contained in Art. 60.2 Labor Code of the Russian Federation.

The parties must agree on the content of additional work, its volume and timing, as well as the procedure for payment for such work. All these conditions must be specified in an additional agreement to the employment contract. Based on this agreement, an order is issued from the manager to involve the employee in additional work. But there is no need to make any additional entries in the work book.

Note. The amount of payment for additional work performed during the working day is determined by agreement of the parties, taking into account its content and (or) volume. The minimum and maximum amounts of additional payments are not limited by law.

One of the terms of the agreement for additional work is its duration. However, as stated in the Labor Code, both the employee and the employer can stop part-time work without waiting for the end of the term. And without explanation. It is sufficient to notify the other party in writing no later than three working days in advance. In this case, you need to draw up another additional agreement to the employment contract and issue an order to stop additional work.

Combination fee

You must pay for additional work! They do this according to the rules of Art. 151 Labor Code of the Russian Federation. Thus, the amount of payment for part-time work is determined by agreement of the parties, taking into account the content and (or) volume of additional work. That is, neither the minimum nor the maximum amount of additional payment is limited.

If additional work requires piecework wages, the amount of additional payment is determined based on the quantity of products manufactured and established prices. And if it’s time-based, the surcharge can be set in several ways, for example:

As a percentage of the employee’s salary for the main job;

As a percentage of the salary corresponding to the combined position;

In a fixed amount.

Part-time work

Additional work performed after the end of the working day is called part-time work (Article 60.1 of the Labor Code of the Russian Federation).

You can work part-time not only with your main employer, but also in other organizations. It's just that in the first case we will talk about internal part-time work, and in the second - about external one.

The following signs of part-time work can be distinguished:

The employee has a main job;

The employee works additionally in his free time from his main job;

Part-time work is regular and paid;

A separate employment contract has been concluded with the employee.

How to register a part-time worker

The Labor Code of the Russian Federation regulates part-time work much more strictly and in more detail than combination and expansion of service areas. Chapter is devoted to these issues. 44 of the Labor Code. The increased attention is perhaps due to the fact that with a part-time job, the employee exceeds the working time limit established by the Labor Code and works in his free time intended for rest.

Note. Part-time work is the performance by an employee of additional work (either for the same employer or in another organization) in his free time from his main job on the basis of a separate employment contract.

Therefore, there are a number of restrictions. So, for example, you cannot hire part-time:

Persons under 18 years of age;

Employees for heavy work or work with harmful (dangerous) working conditions, if their main activity is related to the same conditions;

Workers for driving vehicles or directing their movement, if their main work is of the same nature;

State or municipal employee for any work, except teaching, scientific or other creative work.

In addition, it is necessary to take into account the separate rules for part-time work established by Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41 for teaching, medical and pharmaceutical workers and cultural workers. As we have already noted, a separate employment contract must be concluded with a part-time worker (including an internal one). Moreover, it must indicate that the person will work on a part-time basis. Information about such additional work, at the request of the employee, can be entered into the work book. This entry is made at the main place of work. When concluding an agreement with a part-time worker, you need to take into account that the Labor Code limits the duration of his working hours. According to the rules of Art. 284 of the Labor Code of the Russian Federation, it should not exceed four hours a day. An employee can be assigned a different work schedule, but in any case, during the accounting period (month, quarter, year - depending on the organization’s working hours), the time worked by a part-time employee should not exceed half of the standard working time for this category of employees.

Note. A part-time worker cannot work more than four hours a day. You can set a different work schedule, but in any case, the time worked by a part-time worker cannot exceed half the standard working time for the accounting period.

That is, with a normal eight-hour working day (and a five-day schedule), a part-time worker cannot be required to work more than 20 hours a week, and with a shortened one, even less. For example, in hazardous working conditions - no more than 15 hours a week. If for some reason a part-time worker works more than expected, such work is considered overtime and must be paid accordingly. The exception is cases when an employee at his main place has suspended work (Part 2 of Article 142 of the Labor Code of the Russian Federation) or is suspended from it (Article 73 of the Labor Code of the Russian Federation).

As for the termination of a part-time agreement, the following applies: general rules. However, in this case the employer has additional grounds for dismissal. An employment contract with a part-time worker can be terminated if a person is hired for whom it will become the main job (Article 288 of the Labor Code of the Russian Federation). In this case, the employer must send a written warning to the part-time worker two weeks before the proposed dismissal. However, if the part-time contract is fixed-term, such grounds for dismissal do not apply.

Part-time fee

Part-time workers are usually paid in proportion to the time worked. But, as stated in the Labor Code, the contract may also provide for other payment options (Article 285 of the Labor Code of the Russian Federation). In this regard, it should be noted that the Ministry of Finance of Russia allows taking into account in the tax cost the cost of remuneration of part-time workers only within an amount not exceeding the official salary provided for in the staffing table (Letter of the Ministry of Finance of Russia dated February 1, 2007 N 03-03-06/ 1/50).

Note. An employment contract with a part-time worker can be terminated if a person is hired for whom it will be the main job (Article 288 of the Labor Code of the Russian Federation).

All guarantees and compensations established by the Labor Code are provided to part-time workers in full. For example, sick leave and maternity leave are paid to an employee not only by the main employer, but also by the company where he works part-time (Article 13 of the Law of December 29, 2006 N 255-FZ "On provision of benefits for temporary disability, pregnancy and childbirth ").

The exception is “northern” guarantees and compensation, as well as those related to combining work and study. Such guarantees and compensation can only be obtained at the place of main work.

Part-time workers are also entitled to annual paid leave.

Moreover, simultaneously with vacation from the main job. If there it turns out to be longer, then at the “second” job the employee has the right to take leave without pay for the missing days. And if, by the time he goes on leave at his “first” job, the part-time worker has not yet worked at the “second” job for six months, the “second” employer provides him with paid leave in advance.

E. Pashkova

Signed for seal