Work in combination and part-time. Internal combination and internal combination of positions: the difference in the design of relations. We conclude an employment contract with a part-time partner and draw it up for work

Each employee may, in his spare time from his main job, perform another regular work in the same organization where he currently works, or in any other enterprise. Such work is called part-time work (Article 282 of the Labor Code of the Russian Federation).

General information

The labor legislation of the Russian Federation defines what internal part-time work means. Part-time workers are those employees who, in their free time from their main work, perform other regular work for the same employer (Article 60.1 of the Labor Code of the Russian Federation). This type of employment should be distinguished from combining professions (positions) and increasing the volume of work at the main place of work. In contrast to internal part-time employment, when combining professions (positions), an employee performs additional other work (in a different position (profession)) during the working day along with the main job. When combining professions (positions), both the employee and the employer have the right to early refuse to perform additional work. When answering the question of how to arrange an internal part-time job with one employer, it must be taken into account that the internal part-time job is already working for this employer at the main job.

Restrictions on the performance of internal part-time work

When deciding whether to register an employee as an internal part-time job, it should be borne in mind that not every employee can be hired in this capacity. The law does not allow the employment of the following categories of employees on an internal part-time basis:

• persons under 18 years of age (Article 282 of the Labor Code of the Russian Federation);
• persons employed in work with harmful and (or) hazardous conditions labor, if the main work is associated with the same conditions (Article 282 of the Labor Code of the Russian Federation);
• employees involved in driving vehicles or traffic control Vehicle, if during internal part-time work this worker will perform similar work (Article 329 of the Labor Code of the Russian Federation);
• other categories of employees in respect of which the ban on part-time employment has been introduced by separate federal laws (employees of internal affairs bodies, state and municipal employees, prosecutors, judges, etc.).

Internal part-time work: documents provided by the employee

Since the internal part-time worker is already working for this employer, in most cases the employee does not need to provide any additional documents. The provision of additional documents by the employee will be required only if special knowledge is required to perform additional work in another position. In this case, the registration of internal part-time jobs for different positions should be carried out when the employee provides a document on education (qualification).

Features of the design of an internal part-time job

The peculiarity of the design of an internal part-time job is that the employee is already working in the organization and between him and the employer has already been concluded labor contract. And yet, when registering such labor relations with an employee as an internal part-time job, the Labor Code of the Russian Federation requires mandatory drawing up a separate employment contract with this employee (Article 282 of the Labor Code of the Russian Federation). Such an employment contract must necessarily contain an indication that the work performed by the employee is a part-time job. It should be noted that a fixed-term employment contract can be concluded with an internal part-time worker (part 2 of article 59 of the Labor Code of the Russian Federation). As well as when hiring for the main job, the employer, when hiring for an internal part-time job, issues an order to hire an employee. The order (as well as the employment contract) must contain an indication that the employee is hired part-time (

Active and energetic people are always trying to find something to do even in the workplace. But which is better? Combination of positions or part-time work? The Labor Code of the Russian Federation separates these two concepts and dictates its own rules for the implementation of these two types of activities.

Combination or combination

It would be a big mistake to assume that these two concepts denote the same type of activity. These are completely different types of labor organization.

In the event that an employee is free time does other work, and at the same time it is paid according to the employment contract, this is part-time work. The Labor Code of the Russian Federation regulates this fact in Article 282. An employee has the right to perform part-time work not only with his employer, but also in other organizations.

If an employee works during the established shift and only for one employer, this is called a combination.

In this article, we will consider all the nuances of part-time work. But first, it should be clarified for which types of activities part-time work is not determined by the Labor Code of the Russian Federation and, accordingly, the conclusion of an agreement is not required:

• For literary work (editing, translation, reviewing, etc.).
• To conduct various examinations with a one-time payment.
• For pedagogical work with hourly pay, providing for no more than three hundred hours per year.
• For consultations by qualified specialists.
• For pedagogical work in schools, preschool institutions, institutions additional education with additional payment.
• To work in the same organization without position, in particular, the management of classrooms, departments or laboratories by teachers, the management of commissions, the management of students, and so on.
• To work in the same institution of school or preschool purposes in excess of the norm for the rate of a teacher.
• To work on the organization of excursions with hourly pay without a full-time position.

Compatibility types. Specificity

All features of combination are regulated by Ch. 44 of the Labor Code of the Russian Federation. Part-time work can be internal and external.

An external part-time employee performs systematic paid work at another place of work. It can be an organization, an entrepreneur without the formation of a legal entity, an individual without the formation of an individual entrepreneur.

An internal part-time employee performs paid work for the same employer where he works on a permanent basis.

But there are some restrictions on part-time work. The Labor Code of the Russian Federation regulates the following cases:

• Age restrictions. Persons under the age of eighteen cannot be hired as part-time employees.
• Restrictions in working conditions. It is forbidden to work part-time in positions with harmful working conditions; if the main activity is related to transport management.
• Professional and job restrictions. Part-time work is not possible for:
  • lawyers and judges;
  • police officers;
  • heads of organizations;
  • employees of foreign intelligence and prosecutors;
  • employees of municipal services;
  • government members;
  • employees of the federal courier communications.

Internal combination

So, if an employee has a desire to fulfill one more obligation to his employer and receive wages for this, he can issue an internal part-time job.

The employee must conclude another employment contract, which indicates the position, profession or specialty, as well as what the internal part-time job is. The Labor Code of the Russian Federation regulates these and other rules in Article 282.

External part-time

This type of part-time job is typical for those employees who, working at one enterprise, decide to get a part-time job for another employer. At the same time, the position that takes more time and requires more attention is considered the main one. The legislation does not provide for limits on the number of sources of income. But any employer is set up for long-term and productive cooperation, so a person who wants to get an additional job needs to calculate his strengths and capabilities.

A high workload can affect the quality of the work performed, which will further affect the pay and reputation of the person as a whole.

How to become a part-time worker

Part-time employment of the Labor Code of the Russian Federation is regulated by Article 283. Since the part-time worker is a socially protected citizen, the registration must follow all the rules:

• The employee submits everything to the personnel department Required documents.
• The employer and employee sign a contract. It can be urgent (for a certain period of time, for seasonal work, for a time while there is no permanent employee) or indefinite (until the employee himself wants to terminate the contract).
• On the basis of the signed contract, an order is issued for part-time work.

It should be remembered that part-time employees have the same rights and guarantees as the main employees.

According to labor legislation, part-time workers must work in conditions that meet all labor protection requirements. For example, if an accident occurred with a part-time employee, then an investigation of this fact and further compensation are made at the place of part-time employment.

Decor

There is no need to think that part-time work is somehow different in documenting from main job. Part-time work is regulated by the Labor Code of the Russian Federation. Registration takes place in accordance with all the rules established by the enterprise. The employee must submit the following documents:

• Passport of a citizen of the Russian Federation.
• SNILS.
• Documents about education.

After the documents are collected and submitted to the personnel department, regardless of the type of combination, an employment contract is drawn up prescribed form. Next, the T-1 order is signed for employment, where working conditions, rate and payment are prescribed.

The part-time worker needs to know that the employer cannot demand a work book. This document remains at the main place of work and if the employee wants to make an entry in it, he can bring a certificate from part-time work, transfer it to the personnel department and they will already make an appropriate entry there.

Payment

It is advisable to ask how part-time work is paid. The Labor Code of the Russian Federation regulates this issue, Art. 285, ch. 44. Such work is paid in proportion to the time worked or on other conditions, which are determined by the agreement between the parties.

If an employee is paid on a piece-rate basis, he is paid according to the amount of work actually performed.

The minimum wage for a part-time employee is based on the fact that he does not perform his duties all day. Also, if the work is performed in conditions that deviate from normal, the employee receives an increased payment for part-time work. The Labor Code of the Russian Federation speaks about this in articles 146-154.

If an employee had to perform his duties in an area where a coefficient or salary supplement is established, then the payment for part-time work of the Labor Code of the Russian Federation is regulated according to the indicators.

A separate point is the increase for long work experience. This includes part-time work in the following categories:

• The medicine. If the employee holds a full-time part-time position in organizations that are funded from the federal or subject budget.
• Ministry of Defense of the country. The allowance is accrued to civilian employees working part-time in these bodies.
• Federal Agency for Government Communications and Information.

In addition to incentives, part-time employees may be entitled to guarantees and compensations, which are provided for by legislative and other regulations, contracts, agreements, intra-company acts. Guarantees and compensations do not apply to employees who are educated and work part-time, as well as to those who part-time left to work in the Far North.

Working time

The time that an employee spends on work is established by article 284 of the Labor Code of the Russian Federation. Part-time work should not exceed four hours per day. An exception is the moment when the employee is free from performing his duties at the main place of work. Then he can work part-time full time. But the hours spent at part-time work during the reporting period should not exceed the monthly norm that is established for this category of employees.

These restrictions may not apply if the employee has stopped his activities at the main job or has been removed from it.

So, there is a general rule that applies to all part-time employees. The time of part-time work of the Labor Code of the Russian Federation is determined as follows:

• 4 hours per day.
• 16 hours a week.
• 4 day work week, 4 hours.
• Five days - 3 hours 12 minutes.

An exception is made for workers in medicine, pharmacology, pedagogy and culture. For them working time determined in accordance with the agreement specified in the employment contract. However, the working time cannot be more than:

• ½ of the monthly norm, calculated from the total duration of the entire week (for doctors and pharmacists, as well as teachers).
• 16 hours a week.
• The monthly norm, calculated from the total duration of the entire working week(for doctors and nurses, as well as cultural workers).

For doctors working part-time in countryside, an eight-hour working day and a 39-hour week.

Is there a vacation?

Does part-time work provide for vacation? Labor Code of the Russian Federation, according to Art. 286, speaks of the possibility of granting annual leave to a part-time employee simultaneously with leave at the main job. In the event that an employee has worked at an additional job for less than six months, the leave is given to him in advance.

If there is a discrepancy in the duration of the leave, at the request of the employee, the employer at an additional job may increase the leave without pay up to the right amount days.

Consider an example. Given the Labor Code of the Russian Federation, part-time work (Article 286) also involves annual paid leave. For example, pedagogical activity provides for a vacation of 56 days. But a teacher can work part-time as a programmer, and in this position the vacation is only 28 days. In accordance with the law, the employer must provide the citizen with 28 days of paid leave and another 28 days without pay.

The employer must pay vacations and compensate for unused rest days according to generally established rules. To get a well-deserved rest at a part-time job, the employee must provide a copy of the order from the main job.

In addition to the main vacation, there are other vacations that provide for legislative regulations and, in particular, chapter 44 of the Labor Code of the Russian Federation. Part-time work allows you to take additional leave and go on maternity leave.

To take additional leave at a second job, you need:

• Prove the irregularity of the working day.
• Perform job duties flawlessly.
• Perform duties in dangerous or harmful conditions.
• Have a great work experience.

When making maternity leave at part-time work, a woman must provide completed documents from her main job. At the same time, in order to receive benefits not only at the first job, but also at the second, future mom must have worked as a part-time employee for at least 2 years. The duration of such leave is the same for all types of work.

Termination of the employment contract

In addition to the well-known grounds on which an employment contract may be terminated, there are additional reasons for the dismissal of a part-time employee, which is what Article 44 of the Labor Code of the Russian Federation says 288. Part-time work may be terminated, and the employee may be dismissed if an employee has come to his place, for whom this position will be the main one, and the work will be permanent.

If this happens, the employer is obliged to notify the employee of this fact 14 days in advance in writing. But in this case a person can not be fired, but offered him, for example, another job (if any). But then a new employment contract must be signed with this employee.

But there are some nuances in this matter. For example, to dismiss an employee using Art. 288 of the Labor Code of the Russian Federation is impossible if a fixed-term contract has been concluded between him and the employer.

Also, an employee cannot be fired, even if a new employee has taken his place, if the first one is on sick leave or on annual leave. At the same time, the labor code extends this rule to all employees. An exception may be the liquidation of the enterprise or the termination of the activities of the individual entrepreneur.

Also, according to legislative acts if the contract with the part-time worker is terminated due to reduction, the employer is obliged to inform him a few months before this event. The employee is required to write a receipt that he agrees with this fact. Like the main employees, part-timers can get additional work severance pay due to layoff due to downsizing.

Those who want to start working part-time will need to pay attention to the Labor Code and those of its articles that are devoted to part-time work. In particular, Chapter 44 of the Labor Code of the Russian Federation will tell everything about part-time work. Part-time work and all the nuances related to it are described in detail here with all the necessary comments. Every year there are various legislative changes that may affect the decision, and this moment Labor Code contains a lot of changes and articles that have already become invalid.

In search of an additional source of income, a decision may be made to apply for a second job. The official conclusion of a part-time contract will allow you to receive guarantees provided for by labor law. This type of registration of employees is beneficial for employers in cases where part-time employment is expected. Like ordinary labor relations, part-time employment has its own characteristics. Knowledge important points such work will help to correctly draw up the contract and use the rights granted by law to the full extent. The article provides up-to-date information regarding this type of employment and lists cases in which part-time employment is not allowed.

Basic information about part-time

Part-time employment means that an employee performs other paid work in his spare time. The conclusion of an employment contract is mandatory. It is assumed that the employee will work in another specialty on a regular basis and receive payment for this. The main provisions on this type of employment are contained in Chapter 44 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code). Part-time (employment in another organization) and internal (additional employment at the place of main work).

When choosing this type of work, employees can claim all the basic guarantees and compensations that are provided by labor law. For some categories (for example, doctors, cultural workers, pharmacists), additional working conditions have been established. Health workers quite often combine their functions. But far away. In the Decree of the Ministry of Labor No. 41, paragraph two provides a list of what does not apply to this type:

• medical examination, involving a one-time payment;
• performance of work without holding a regular position in the same or another organization (this also includes duty on schedule exceeding the norms of working hours);
• provision of consultations by highly qualified specialists, the volume of which does not exceed 300 hours per year.

In addition, medical and pharmaceutical workers have their own part-time working hours. It is also indicated in the Decree of the Ministry of Labor No. 41 in subparagraph "b" of paragraph one.

Pregnant women who are employed by more than one employer are entitled to receive maternity benefits at each job. External part-time work is considered in this case a full-fledged activity. future mother may qualify for "maternity" payments in full size for each employment contract. Thus, according to Law No. 255-FZ (Article 11, paragraph 2), pregnant women can count on maximum size payments for both basic and extra bed work.

Persons who hold leadership positions in organizations can perform part-time paid work only with the consent of the authorized person. legal entity(body) or owner of the company. Previously, before the decision of the Supreme Court of December 14, 2000 No. GKPI2000-1293, multiple jobs were prohibited. According to Article 276 of the Labor Code, a manager who holds senior positions in several organizations should not be part of the bodies that exercise control and supervision in this company.

For whom part-time work is prohibited?

Despite the widespread use of this type of employment, some restrictions are established by law. They are used to indicate who has and does not have the right to perform such work. A list of persons for whom part-time employment is not allowed has been established. These include:

Documents required for registration

Article 283 of the Labor Code contains a list of papers necessary for employment. This documentation contains all personal information that may be requested by the employer. To apply, you need to submit:

• identity document (passport or any other);
• a document confirming the availability of education (diplomas, certificates or their certified copies);
• documents confirming qualifications, level of professional training (or their certified copies);
• documents that depend on the specific position for which the applicant is applying (if the work will take place in difficult or dangerous conditions, a certificate from the main place of work on the nature and working conditions will be required)

In addition to the above, you may need:

• for persons liable for military service and subject to conscription - military registration documents;
• insurance certificate of state pension insurance.

Do not forget about Article 65 of the Labor Code, which says that it is forbidden to demand documents that are not contained in laws and regulations. by-laws(codes, regulations, decrees). The employer does not have the right to request papers that are not established by law.

Conclusion of an employment contract

When applying for a part-time job, the submission of a work book is not required. At the request of the employee, information on the place of main activity can be entered into it. The partnership agreement is general order. It must be drawn up in duplicate and signed by the parties. The employment contract must contain a note that the work is part-time. Each party takes one copy.

If a combination of jobs is expected at the place of the main job, then it is possible to conclude a fixed-term contract. The initiator of such an agreement can be both an employee and an employer. Article 57 of the Labor Code contains a list of information that must be indicated in the contract without fail. These include:

• information about the employee and the employer (full name, name);
• information about identification documents of the employer and employee;
• the date and place of conclusion of the contract;
• labor function (position);
• compensation;
• mode of operation;
• conditions of rest, vacation, etc.

A contract concluded for an indefinite time with a part-time person may be terminated if a full-time employee is hired for the position. The head is obliged to notify the part-time worker in writing two weeks in advance.

Article 284 establishes the length of working time. As stated in the law, it cannot exceed four hours a day. This restriction does not apply if the employee is not employed at the main place of work (temporarily suspended - article 73 of part one or four of the Labor Code; suspended work - article 142 of part two of the Labor Code). On days when the employee is free from performing duties on the main job, he can work part-time full time. When converted to total hours, part-time work should not exceed half the time employed at the main job, for reporting period(month, half a year, etc.).

Salary and vacation

The main document that determines the procedure and amount of wages is an employment contract. It specifies the indicators, depending on which the calculation will be made. These may be hours worked, volume performed, or other specified conditions. If there are any allowances or wage coefficients, they are also taken into account for part-time persons. Part-time employees are subject to the same rules labor law as on ordinary workers.

For part-time workers, leave is expected. As a rule, it is issued at the same time as a vacation at the main job. If the employee holds the position for less than six months, then leave is granted in advance. If the annual paid leave at the main job is greater than at the combined one, then the leave is extended without the possibility of saving the salary.

Part-time work is one of the ways to increase your income. For employers, it is an opportunity to reduce the tax burden. Additional employment, within the limits established by law, helps the employee to realize himself in his own or related fields. A part-time contract can be concluded both with the current employer and with a new one. However, their number is not limited. An employee has the right to combine several jobs, subject to the requirements established by law.

New edition Art. 282 of the Labor Code of the Russian Federation

Part-time employment - the performance by an employee of other regular paid work on the terms of an employment contract in his free time from his main job.

The conclusion of employment contracts for part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.

Part-time work can be performed by an employee both at the place of his main job, and with other employers.

The employment contract must indicate that the work is part-time.

It is not allowed to work part-time for persons under the age of eighteen, in jobs with harmful and (or) dangerous working conditions, if the main job is associated with the same conditions, as well as in other cases provided for by this Code and other federal laws.

Features of regulation of part-time work for certain categories of workers (pedagogical, medical and pharmaceutical workers, cultural workers), in addition to the features established by this Code and other federal laws, may be established in the manner determined by the Government Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Commentary on Article 282 of the Labor Code of the Russian Federation

Part 1 of Article 282 introduces a definition of the concept of "part-time employment", distinguishing it as separate view labor contract.

Compatibility features are:

1. Work under another (besides the main) employment contract.

2. Work outside the working hours of the main employment contract.

Exception from general rule established by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers." According to subparagraph "c" of paragraph 1 of this Decree, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours while maintaining wages at the main place of work.

Pedagogical, medical, pharmaceutical and cultural workers are not considered part-time jobs and do not require the conclusion (execution) of an employment contract:

1) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

2) medical, technical, accounting and other expertise with a one-time payment;

3) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

4) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

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

6) pedagogical work in the same primary or secondary institution vocational education, in preschool educational institution, in an educational institution general education, institution of additional education for children and other children's institution with additional payment;

7) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work on leadership industrial training and practice of students and other students, the duty of medical workers in excess of the monthly norm of working time according to the schedule, etc.;

8) work in the same educational institution or other children's institution in excess of the established norm of hours pedagogical work for the wage rate teaching staff, as well as accompanists, accompanists for the training of artists;

9) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs 2 - 7 is allowed with the consent of the employer during regular working hours (paragraph 2 of the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41).

The conclusion by one employee of several contracts on part-time work, unless otherwise provided by federal law, is quite acceptable.

There is a difference between internal combination (at the place of the main job) and external (with another employer).

Internal combination consists in the fact that two labor contracts are concluded with the employee - the main one and the contract for part-time work. Part-time work in the same organization with which the main labor contract is concluded cannot be carried out in the same profession, specialty or position, which is provided for by the main labor contract. This restriction is recognized by many experts as unreasonable and inconsistent with the practice of using personnel on the terms of internal combination.

Part 3 of Article 333 of the Labor Code establishes the permission to work part-time in a similar position, specialty, and in accordance with the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the features of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers" determines the duration of work concurrently, which should not exceed:

Physicians and average medical staff cities, regions and other municipalities where there is a shortage of them - the monthly norm of working time, calculated from the established duration of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by the federal authorities. executive power, and in institutions and other organizations that are under the jurisdiction of the constituent entities of the Russian Federation or local authorities - in the manner determined by the authorities state power subjects of the Russian Federation or local authorities;

Junior medical and pharmaceutical personnel - the monthly norm of working time, calculated from the established duration of the working week;

Pedagogical workers (including trainers-teachers, coaches) - half of the monthly norm of working time, calculated from the established duration of the working week;

Pedagogical workers (including trainers-teachers, trainers) who have half of the monthly norm of working time for their main work is less than 16 hours a week - 16 hours of work per week;

Cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly norm of working time, calculated from the established duration of the working week.

Internal part-time employment is not allowed in cases provided for by paragraph 4 of Article 98 of the Labor Code, when a reduced working time is established. However, the Labor Code and other federal laws may establish exceptions to this rule. So, part 5 of article 282 of the Labor Code is supposed to establish the features of part-time work for certain categories of workers. This legal norm was clarified by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41. The categories of workers named in it can work part-time and in cases of reduced working hours (with the exception of jobs for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation) . For example, medical workers for whom, in accordance with Article 350 of the Labor Code, reduced working hours are established, can work on an internal part-time basis if their work is not related to harmful working conditions, which are an independent basis for limiting working hours.

The Labor Code for certain categories of employees provides for prohibitions or restrictions on part-time work, in particular for persons under the age of 18, civil servants (except for scientific, teaching and creative activity(Section 1, Article 11 federal law dated July 31, 1995 N 119-FZ "On the basics public service in the Russian Federation"), municipal employees (except for scientific, teaching and creative activities (clause 1, article 11 of the Federal Law of January 8, 1998 N 8-FZ "On the basics of municipal service in the Russian Federation")), prosecutors(except for scientific, teaching and creative activities (Article 40.2 of the Law of the Russian Federation of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation")), judges (except for scientific, teaching, literary and other creative activities (clause 3 of Art. 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the status of judges in the Russian Federation")), members of the Federation Council and deputies State Duma(except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma Federal Assembly Russian Federation")), persons in command and employees of the federal courier communications (except for creative, scientific, teaching work (Article 9 of the Federal Law of December 17, 1994 N 67-FZ "On Federal Courier Communications")), employees federal bodies state protection - except for scientific, teaching and creative activities (if it does not interfere with the execution official duties), except in cases where part-time work is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57-FZ "On State Protection"). This also includes employees of the personnel of the foreign intelligence agencies of the Russian Federation (with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 . N 5-FZ "On Foreign Intelligence")), employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank (with the exception of teaching, research and creative activities (Article 90 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)")). According to the Order of the Central Bank of the Russian Federation of February 4, 1997 N 02-15, all employees of the Bank of Russia system, with the exception of employees of subordinate organizations engaged in non-core activities (medical workers, employees educational institutions, institutions Catering, trade, health-improving institutions), do not have the right to work part-time, hold positions in credit and other organizations, unless otherwise established by the Board of Directors of the Bank of Russia.

The right to combine jobs is limited for citizens undergoing alternative civilian service, it is prohibited to combine it with work in other organizations (paragraph 2 of article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal combination for the heads of internal affairs bodies, departments, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of Russia and their deputies (with the exception of creative, scientific and teaching activities (clause 4 of the Decree of the Government of the Russian Federation of July 23, 1993 No. N 720 "On the procedure and conditions of service (work) part-time in the system of the Ministry of Internal Affairs of the Russian Federation")).

The work of other police officers concurrently in the system of the Ministry of Internal Affairs of the Russian Federation is carried out in the manner established by the Government of the Russian Federation (Article 20 of the Law of the Russian Federation of April 18, 1991 N 1026-1 "On the Police"). Decree of the Council of Ministers of the Russian Federation of July 23, 1993 N 720 establishes the following features of part-time work for employees of internal affairs bodies: services (work); b) dual employment is not allowed with subordination or control of positions in the main and combined service (work); c) part-time workers are not provided with guarantees and compensations provided for in the system of the Ministry of Internal Affairs of Russia, and also no bonus is paid for length of service.

In addition, it is not allowed to work part-time in heavy work, work with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as heavy, harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. To this end, Article 283 of the Labor Code provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, difficult, dangerous), to provide a certificate of the nature and working conditions at the main place of work. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

To a certain extent, the right to work part-time of the head of the organization, who can hold paid positions in other organizations only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner, in accordance with Article 276 of the Labor Code, is limited to a certain extent. Here we are talking only about jobs. Thus, part-time work as a worker is allowed without any approvals and permits.

Separate federal laws specify the procedure for such approval. For example, combining the director, CEO, members of the board or directorate joint-stock company positions in the management bodies of other organizations is allowed only with the consent of the board of directors (supervisory board) of the company, in accordance with paragraph 3 of Article 69 of the Federal Law of December 26, 1995 N 208-FZ "On Joint Stock Companies".

Most strict rule provided for in paragraph 2 of Article 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". Here, the head of a unitary enterprise cannot hold positions and engage in other paid activities in government bodies, local government, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

A specific feature of the content of the employment contract for part-time work may be an indication of its urgent nature. Article 59 of the Labor Code makes it possible to conclude fixed-term employment contracts with part-time workers. The inclusion in the employment contract of a condition on the duration of its validity does not require an indication of the circumstance (reason) that served as the basis for concluding a fixed-term employment contract, since the status of a part-time worker itself serves as such a circumstance.

Another feature of part-time work is part-time work, since the mode of work and rest for a part-time worker does not coincide with the generally accepted in this organization. The employment contract of the part-time worker must establish a condition on the time of work of the part-time worker.

Another commentary on Art. 282 of the Labor Code of the Russian Federation

1. An employee has the right to conclude employment contracts for part-time work with any employers, both legal and individuals(Article 60.1 of the Labor Code of the Russian Federation).

In part 1 of Art. 282 of the Labor Code of the Russian Federation, a legal definition of the concept of "part-time employment" is given, which makes it possible to single it out as special kind labor contract. characteristic features part-time jobs are: work under another (besides the main) employment contract; work outside the working hours established at the main place of work. An exception to the general rule is established by the Decree of the Ministry of Labor of Russia of June 30, 2003 N 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical and cultural workers." According to sub. "c" clause 1, the pedagogical work of highly qualified specialists on a part-time basis with the consent of the employer can be carried out in educational institutions for advanced training and retraining of personnel during the main working hours with the preservation of wages at the main place of work.

For pedagogical, medical, pharmaceutical and cultural workers, they are not considered part-time jobs and do not require the conclusion (execution) of an employment contract the following types works:

a) literary work, including work on editing, translating and reviewing individual works, scientific and other creative activities without holding a regular position;

b) medical, technical, accounting and other expertise with a one-time payment;

c) pedagogical work on the terms of hourly pay in the amount of not more than 300 hours per year;

d) consulting by highly qualified specialists in institutions and other organizations in the amount of not more than 300 hours per year;

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

f) pedagogical work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, in an institution of additional education for children and in another children's institution with additional payment;

g) work without holding a full-time position in the same institution and other organization, including the fulfillment by pedagogical workers of educational institutions of the duties of managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cycle commissions, work on leadership industrial training and practice of students and other students, duty of medical workers in excess of the monthly norm of working hours according to the schedule, etc.;

h) work in the same educational institution or another children's institution in excess of the established norm of hours of pedagogical work for the wage rate of pedagogical workers, as well as accompanists, accompanists for the training of artists;

i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a regular position.

The performance of the work specified in paragraphs "b" - "h" is allowed with the consent of the employer during the main working hours (paragraph 2 of the Resolution of the Ministry of Labor of Russia of June 30, 2003 N 41).

2. The conclusion by one employee of several contracts on part-time work is allowed, unless otherwise provided by federal law.

3. There is a difference between internal (at the place of main work) and external (with another employer) part-time job.

With internal part-time work, in addition to the main labor contract, a second labor contract is concluded with the employee - on part-time work - and is issued additional order about hiring part-time.

It should be noted that Art. 98 of the Labor Code, which previously established for internal part-time work a restriction in the form of a ban on working in the same profession, specialty or position, which is provided for by the main employment contract, has become invalid. This means that from October 6, 2006, employers can use their own staff on the terms of internal combination, entrusting any work.

Another prohibition contained earlier in Art. 98 of the Labor Code, - for internal part-time work with a reduced working time for the main job.

Part-time work is prohibited:

Persons under the age of 18 (part 5 of article 282 of the Labor Code of the Russian Federation);

Municipal employees - except for scientific, teaching and creative activities (clause 2 of article 14 of the Federal Law of March 2, 2007 N 25-FZ "On municipal service In Russian federation");

Judges - except for scientific, teaching, literary and other creative activities (clause 3, article 3 of the Law of the Russian Federation of June 26, 1992 N 3132-1 "On the Status of Judges in the Russian Federation");

Members of the Federation Council and deputies of the State Duma - except for teaching, scientific, other creative activities (clause 2, article 6 of the Federal Law of May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation ");

MPs, elected officials working on a full-time basis - except for teaching, scientific, and other creative activities (clause 9, article 4 of the Federal Law of June 12, 2002 N 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation" );

Persons in command and employees of the federal courier communications - except for creative, scientific, teaching work (Article 9 of the Federal Law of December 17, 1994 N 67-FZ "On Federal Courier Communications");

Employees of federal bodies of state protection - except for teaching, scientific and other creative activities (if it does not interfere with the performance of official duties), except in cases where part-time work is caused by official necessity (clause 4, article 19 of the Federal Law of May 27, 1996 N 57 -FZ "On State Protection");

Employees of the personnel of the foreign intelligence agencies of the Russian Federation - with the exception of teaching, scientific and other creative activities carried out with the consent of the head of the relevant foreign intelligence agency of the Russian Federation, except when the combination of jobs is caused by official necessity (Article 18 of the Federal Law of January 10, 1996 N 5 -FZ "On foreign intelligence");

Employees of the Bank of Russia holding positions, the list of which is approved by the Board of Directors of the Bank, with the exception of teaching, research and creative activities (Article 90 of Federal Law No. 86-FZ of July 10, 2002 "On the Central Bank of the Russian Federation (Bank of Russia )");

Citizens undergoing alternative civilian service are prohibited from combining it with work in other organizations (clause 2, article 21 of the Federal Law of July 25, 2002 N 113-FZ "On Alternative Civil Service"). This wording allows for the possibility of additional work on the terms of internal part-time work;

Heads of internal affairs bodies, divisions, enterprises, institutions and organizations of the system of the Ministry of Internal Affairs of Russia and their deputies - with the exception of creative, scientific and teaching activities (clause 4 of the Decree of the Government of the Russian Federation of July 23, 1993 N 720 "On the procedure and conditions of service (work ) concurrently in the system of the Ministry of Internal Affairs of the Russian Federation").

With regard to civil servants, the ban on part-time work has been replaced by restrictions established by the Federal Law of July 27, 2004 N 79-FZ "On the State Civil Service of the Russian Federation". In particular, according to paragraph 2 of Art. 14 of the Law, a civil servant has the right, with prior notice to the representative of the employer, to perform other paid work, if this does not entail a conflict of interest. Only Art. 17 of the Law establishes a ban on the participation of a civil servant in the activities of the management body of a commercial organization for paid basis(with the exception of cases established by federal law). In addition, after dismissal from the civil service, a citizen is not entitled to fill positions in organizations for two years if certain functions of managing these organizations were directly included in his official duties(Clause 3, Article 17 of the Law).

It is not allowed to work part-time in heavy work, work with harmful and (or) dangerous working conditions, if the work under the main employment contract is also characterized as heavy, harmful or dangerous. When hiring for such work, the employer must make sure that the working conditions of the employee at the main place of work are normal. For this, Art. 283 of the Labor Code of the Russian Federation provides for the obligation of an employee, upon entering a part-time job with appropriate working conditions (harmful, difficult, dangerous), to provide a certificate of the nature and working conditions at the main place of work. Such a certificate cannot be replaced by an extract from the work book, since the name of the labor function does not always reflect the working conditions of the employee with the necessary completeness.

In accordance with Part 1 of Art. 329 of the Labor Code of the Russian Federation, employees whose work is directly related to driving or driving vehicles are not allowed to work part-time, directly related to driving or driving vehicles (see article 329 of the Labor Code of the Russian Federation and commentary to it). Thus, in relation to transport workers, the legislator establishes not a ban, but a restriction on part-time work.

To a certain extent, the right to work part-time is limited to the head of an organization, who can work for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or the person or body authorized by the owner (see Article 276 of the Labor Code of the Russian Federation and commentary thereto) . Some federal laws specify the procedure for such approval. Thus, a director, general director, members of the board or directorate of a joint-stock company can hold positions in the management bodies of other organizations only with the consent of the board of directors (supervisory board) of the company (clause 3 of article 69 of the Federal Law of December 26, 1995 N 208-FZ "On joint-stock companies").

The most severe rule is established by paragraph 2 of Art. 21 of the Federal Law of November 14, 2002 N 161-FZ "On State and Municipal Unitary Enterprises". The head of a unitary enterprise is not entitled to hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities.

Today, you can hardly surprise anyone with part-time work: it has become quite common. Moreover, such an organization of labor is beneficial not only to the employee who gets the opportunity to earn extra money, but also to the organization itself. After all, it happens that a full-time employee is not required or a small amount of work allows you to use an internal or external part-time job. About what are the features and nuances of such cooperation - read the article.

Law on part-time work
According to the Labor Code of the Russian Federation, there is no restriction on the number of jobs for citizens, therefore, if there is a desire and strength, any of us can work at least 10 positions. Can a person get a part-time job without having a main job, we asked the leading specialist of the Human Resources Department of RetailComStar, Yulia Nazarova:

If an employee carries out activities under several employment contracts, then one of them must be regulated by the rules, as for the main place of work, while the rest of the contracts must stipulate that the work is part-time (Article 282 of the Labor Code of the Russian Federation). In addition, the order for admission to the service (form No. T-1) also necessarily indicates the nature of the upcoming activity “part-time” (post. Goskomstat of Russia dated January 5, 2004 No. 1).

Thus, to work only as a part-time job, as well as to have several main jobs, the Labor Code prohibits. First of all, this is due to the fact that the employee should have only one work book, and part-time employment can be indicated in it as a separate line. The entry is made by the main employer, according to supporting documents from another place of work on part-time admission (Article 66 of the Labor Code of the Russian Federation).

Set limits
Traditionally, a distinction is made between internal part-time work (when an employee works under two or more employment contracts in one organization) and external part-time work (when an employee works in several organizations at once). In the first case, all the necessary documents are already with the employer. Additionally, only a diploma (copy) or other document on education or vocational training, confirming the competence of an employee in another profession.

If an employee gets a job at a new enterprise for himself, then it is enough for him to have a passport or other identification document - a work book is not needed here. The employer also has the right to demand a document on education, or its certified copy. And also, when hiring a part-time job, as well as when applying for a job at the main place of service, a certificate of state pension insurance is required.

There are certain co-op restrictions. For example, it is forbidden to work in several organizations at once if the working conditions are both dangerous or harmful. Therefore, in accordance with Article 283 of the Labor Code of the Russian Federation, when applying for hard work the part-time worker is required to present a certificate of the nature and working conditions at the main place of service. It is also prohibited to combine positions related to driving vehicles or managing their movement (Article 329 of the Labor Code of the Russian Federation).

Article 11.1 of the Federal Law "On Banks and Banking Activities" (Federal Law No. 395-I of December 2, 1990) establishes restrictions on part-time work for heads of credit institutions. It is forbidden to have two or more positions for civil servants (the regulation does not apply to employees of scientific, teaching, creative and medical activities).

Svetlana Zamoluyeva, a specialist in the personnel department of the Reika company, advised how best to register such employees:

It is better not to involve employees of state structures as part-time workers. We once had the head of a department of a state institution working under such conditions. When checking the control and audit department, this employee had to write an explanatory note, and there were also claims against us, although we are a private company. Well done without a fine, just warned. If such an employee wants to work for you, it is better to hire him under a work contract, and the costs are less (only personal income tax is charged and UST and mandatory payments are withheld) pension insurance), and you don’t need to keep a time sheet, and you don’t have to pay vacation. But here it should be noted that not every state enterprise is a state structure, for example, a plant is not a state structure, and, therefore, employees can be hired from such organizations without fear.

Restrictions also exist for the directors of an organization who apply for a part-time job leadership position in another company. To hire such a person, you will need permission from the authorized body of the company in which he is employed, or the owner of this organization. For example, a top manager of a joint-stock company who wants to take a position in the management body of another company must obtain the consent of the board of directors at the main place of work (clause 3 of article 69 of the Federal Law of December 26, 1995 No. 208-FZ).
In case of internal combination, the head of the company cannot be a member of the supervisory and control bodies of this organization.

tax question
When concluding an employment contract with a part-time job, it must be taken into account that he is the same employee as the rest and the norms of all local acts of the organization apply to him, including probation(Article 70 of the Labor Code of the Russian Federation) and internal labor regulations, provisions on bonuses, disciplinary or full liability.

The working time of a part-time worker should not exceed half labor day principal employee for the same period. Restrictions do not apply if the part-time worker at the "main" place of work has suspended labor activity, including in connection with a salary delay or suspended from service in accordance with a medical report (Articles 284, 142, 73 of the Labor Code of the Russian Federation).

Accordingly, a part-time worker can receive no more than half of the amount of payment of the main employee for his work. At the same time, the full salary is indicated in the employment contract with the proviso that the employee is accepted on a part-time basis with remuneration in proportion to the time worked (Article 285 of the Labor Code of the Russian Federation). Orders are made in the same way.

But it should be noted that there are circumstances that allow you to pay a part-time job more fixed size salary. The fact is that the Labor Code provides for the possibility of remunerating such an employee depending on the output (Article 285 of the Labor Code of the Russian Federation). Thus, when setting standardized tasks, it is possible to pay the amount of the full salary if the part-time worker performs the amount of work corresponding to the norm of the main employee. At the same time, the amount of time spent on the performance of the work does not matter.

Part-time workers can be established allowances, surcharges, paid material aid if they are provided for by the conditions of remuneration for this position. At the same time, the amount of compensation, again, should not exceed half the salary for the position, otherwise it will not be possible to take it into account as expenses when taxing profits (letter of the Ministry of Finance dated February 1, 2007 No. 03-03-06 / 1/50. and letter Federal Tax Service of Russia for Moscow dated September 30, 2005 No. 20-12 / 69936, with full version this document you can find in the reference legal system ConsultantPlus).

The issue of taxation in this case has its own nuances. So, a part-time worker can use the personal income tax exemption only at one of the enterprises. And if an employee writes an application for a benefit, it would be quite legitimate to ask him to bring a certificate from his main place of work that he does not use this privilege there. And for internal part-timers the object of personal income tax is formed from all RFP.

Sick leave allowance is provided both at the main place of work and part-time. Accordingly, the employee is issued several certificates of incapacity for work according to the number of places of work. The amount of temporary disability benefits cannot exceed a certain limit (in 2009 - 18,720 rubles) for each place of work. All employers also pay maternity benefits (the limit in 2009 is 25,390 rubles).

The part-time worker has the right to annual leave, by the way, it is provided simultaneously with the "holidays" for the main work. In this case, the employee must be released from work, even if 6 months have not passed. If the duration of rest at the main place of service exceeds part-time leave, at additional work for the difference in days, days off are provided at their own expense. And also the part-time worker has the right to receive compensation for unused "holidays". But study leave it is not provided for part-time workers, but if this is provided at the main job, in another organization the employee is allowed to take unpaid days off.

The term of the employment contract for part-time work is established by agreement of the parties. Article 59 of the Labor Code of the Russian Federation provides for the right of the parties to conclude TD with part-time workers for a period of not more than 5 years.

Dismissal or transfer?
The transfer of an external part-time worker to the ranks of the main workers can be done in two ways. The first way involves registration through dismissal. At the same time, the termination of the TD on part-time work is coupled with the mandatory payment of compensation for unused vacations.

When concluding a new employment contract, it becomes possible to establish a probationary period for the employee. Meanwhile, the employee’s seniority is interrupted, which means that the right to the next annual leave will appear only after 6 months continuous work in company.

There is also a second way. According to Rostrud specialists, if an employer transfers a part-time job to a full-time job, then it is not at all necessary to first dismiss him (Rostrud letter dated October 22, 2007. No. 4299-6-1). You can simply make changes (indicate that the work is the main one, fix new mode work and other conditions) in the employment contract for part-time work.
At the same time, the wording of the entry made in the work book will depend on whether a note has already been made in it about part-time work or not. If yes, then following the record of dismissal from the previous main place of work, data on the new place of service should be entered, specifying from what date work in this position became the main one for this employee.

If a record of the period of part-time work was not made, then a note is made about hiring, indicating the time during which he worked as a part-time job. At the same time, in column 2, the first day of part-time work is indicated as the date of admission to a new place, and in column 4, reference is made to 2 orders - on admission and that the activity in this company has become the main one.

Other options
In addition to part-time labor law provides for the combination of positions. Along with the main duties, an employee may be assigned to perform additional work during the working day. For example, it could be:

Combination of professions (positions). Classic examples- secretary-typist and plumber;

Expansion of the service area or increase in the scope of work in the same profession (position). A more experienced worker can do more work during his main working hours. For example, instead of one machine to serve two;

Fulfillment of the duties of a temporarily absent employee (work both in another and in the same profession).

In such cases, the employee combines the performance of duties in two positions within the framework of the main working hours and must receive an appropriate additional payment for this. The period during which the employee will perform the duties assigned to him, their content and scope is set by the employer with the written consent of the employee (Article 60.2 of the Labor Code of the Russian Federation).

But you must understand that not all positions can be combined, and if a locksmith wants to work as a watchman in his spare time, then he will have to conclude a separate employment contract and hire him as a part-time worker.

Seniority calculation
Personnel officers consider seniority according to records in work book: accepted - fired. If in given period a person is still working part-time somewhere, then this period still falls within the same time frame. Thus, when calculating the length of service, either one or another period of work is taken into account. Together they cannot be taken into account. According to article 282 of the Labor Code of the Russian Federation, part-time work is additional income.

Natalia

I was on maternity leave for 3 years and stayed at the enterprise for 2/3 of the rate and I am sitting at home. Can I get another job?