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Currently, the majority of Russians are forced to look for additional types of income along with their main job. This is due to too low wages and a high level of unofficial inflation. If you decide to earn extra money, but do not know how to make this labor process legal in order to avoid trouble, then this article is for you.
The most popular types of part-time work are combined work and part-time work.
When combining, an employee works for one employer, combining several positions or professions. In case of part-time employment, an employee can conclude labor contracts on the performance, in his spare time from his main job, of another regular paid job with the same employer (internal part-time job) or with another employer (external part-time job) (Article 60.1 of the Labor Code of the Russian Federation). There is an exception to this rule, according to which a person under the age of eighteen cannot be a part-time worker; an employee working at an enterprise with working conditions dangerous to health, if the part-time job will take place at an enterprise with similar working conditions.
When applying as a part-time job, you must present the following documents: a passport of a citizen of the Russian Federation, a diploma of higher or specialized education and a certificate confirming the working conditions at the main place in case you have to work at an enterprise with difficult conditions. The part-time work book remains at the main job. An appropriate entry is made in it only if the employee presents a certificate of such work.
To combine, the written consent of the employee is required to perform the established duration of the working day or shift, along with their main job, determined by the employment contract, additional work in another or the same profession or position for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Wages in this case are determined in accordance with the agreement reached between the employee and the employer. Vacation in combination is provided both at the place of the main and at the place of additional work. This rule also applies to cases where the employee has worked in a combined job for less than six months. Leave is granted to the employee in advance.
An employment contract for this type of part-time job can be concluded for a fixed period or without it. When concluding a contract, everything depends on the will of the parties and the agreement reached between the employee and the employer. The norms of the Labor Code of the Russian Federation apply to a part-time worker, which means that the benefits provided for by law apply, unless the employee
connects study and work.
The termination of labor relations at an additional place of work, in accordance with the norms of labor legislation, takes place on the same grounds as at the main place of work. Termination of labor relations with a part-time worker is also possible when a person is found at his workplace for whom it will be the main place of work. In such a situation, the employer is obliged to notify the part-time employee of the termination of the contract 14 days in advance.
Ekaterina Pashkova
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. And where to get additional finance? That's right, if you dismiss all the criminal opportunities, then it remains only to work harder. And the accountant of the company, where such hardworking employees work, has additional questions. What are the job options? 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 is engaged in after graduation, that is, in his spare time.
Eight hours for work and part time
Suppose an employee during the working day, in addition to his main duties, 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 for the performance of the main work;
In relation to additional work, a separate one is not issued;
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 ... (Level 2)
A logical question: is it not possible to additionally work in the same position (profession) as the main one? Yes, you certainly may! Only in this case, it will no longer be a combination, but an expansion of service areas or an increase in 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, only the employee performs work in his own profession (position), but in a larger volume.
Let's take an example. If he also performs the duties of a loader in a warehouse, this is a combination. But the maintenance by a specialist of the personnel department, to which a certain division of the organization is assigned, also the work books of employees of another department, will already be an expansion of the service area.
Most often, both the combination and the expansion of service areas (increase in the volume of work) are used by employers to fulfill the duties of a temporarily absent employee. Moreover, the increase in the volume of work is practiced more often.
There is no fundamental difference between these concepts. The Labor Code regulates both the combination and the expansion of service areas in the same way. However, if, on behalf of the manager, the employee performs work in another position or profession (that is, it takes place), it is necessary to first check the employee’s compliance with this position, or the employee’s special knowledge in the desired profession.
How to arrange a combination (Level 2)
The employer does not have the right to "load" the employee with additional duties (not related to his main job) within the working day. This is possible only with the written consent of the employee himself. This requirement is contained in Article 60.2 of the Labor Code of the Russian Federation.
The parties must agree on the content of additional work, its scope and timing, as well as on the procedure for paying for such work. All these conditions must be prescribed in an additional agreement to the employment contract. On the basis of this agreement, an order is issued by the head to involve the employee in additional work. But in the work book, no additional entries need to be made.
One of the terms of the agreement on 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 enough to notify the other party in writing no later than three working days. At the same time, it is necessary to draw up another additional agreement to the employment contract and issue an order to stop additional work.
Combination fee (Tier 2)
You need to pay for extra work! They do this according to the rules of Article 151 of the 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, there is no minimum or maximum amount of the surcharge.
If additional work involves piecework wages, the amount of additional payment is determined based on the number of products manufactured and the established rates. And if it is 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.
Extra time work
Additional work performed at 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 the main employer, but also in other organizations. It's just that in the first case we will talk about internal combination, and in the second - about external.
The following signs of compatibility can be distinguished:
The employee has a main job;
The employee works additionally in his spare time from the main job;
Part-time work is regular and paid;
The employee has a separate employment contract.
How to get a partner
Part-time employment The Labor Code of the Russian Federation regulates much more strictly and in more detail than the combination and expansion of service areas. Chapter 44 of the Labor Code is devoted to these issues. Increased attention, perhaps, is due to the fact that when part-time, the employee exceeds the limit of working hours established by the Labor Code, works in his free time, intended for recreation.
Therefore, there are a number of restrictions. So, for example, you can not hire part-time:
Persons under the age of 18;
Employees for hard work or work with harmful (dangerous) working conditions, if their main activity is related to the same conditions;
Employees to drive vehicles or control their movement, if their main job is of the same nature;
A state or municipal employee for any work, except for pedagogical, scientific or other creative work.
In addition, it is necessary to take into account separate rules for part-time work established by the Decree of the Ministry of Labor of Russia of June 30, 2003 No. 41 for pedagogical, medical and pharmaceutical workers and cultural workers.
As we have already noted, a separate employment contract must be concluded with a part-time job (including internal). Moreover, it must necessarily 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 in the work book. Such a record is made at the main place of work.
When concluding an agreement with a part-time worker, it must be borne in mind that the Labor Code limits the duration of his working time. According to the rules of Article 284 of the Labor Code of the Russian Federation, it should not exceed four hours a day. An employee can also be set a different mode of work, but in any case, for the accounting period (month, quarter, year - depending on the working hours of the organization), the time worked by a part-time worker should not exceed half of the norm of working hours for this category of employees.
That is, with a regular eight-hour working day (and a five-day schedule), a part-time worker cannot be obliged to work more than 20 hours a week, and even less with a reduced one. For example, under harmful working conditions - no more than 15 hours a week.
If for some reason the 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 removed from it (article 73 of the Labor Code of the Russian Federation).
As for the termination of a part-time contract, the general rules apply here. True, in this case, the employer has an additional reason for dismissal. An employment contract with a part-time job may be terminated if a person is hired for whom it will become the main one (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 urgent, such a basis for dismissal does not apply.
Part-time fee
The work of part-time workers is usually paid in proportion to the hours worked. But, as stated in the Labor Code, the contract may 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 the cost of remuneration of part-time workers to be taken into account in the tax cost only within the amount not exceeding the official salary provided for by the staffing table (letter of the Ministry of Finance of Russia dated February 01, 2007 No. 03-03-06 / 1/50).
All guarantees and compensations established by the Labor Code are provided to part-time workers in full. For example, sick leave, as well as 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 No. 255-FZ “On providing benefits for temporary disability, pregnancy and childbirth ").
The exception is the "northern" guarantees and compensations, as well as those related to the combination of work and education. Such guarantees and compensations can only be obtained at the place of the main work.
A part-time worker is also entitled to annual paid leave. And at the same time with a vacation from the main job. If it seems longer there, then at the “second” job, the employee has the right to take leave for the missing days without pay. And if by the time of going on vacation at the “first” job, the part-time worker has not yet worked for the “second” six months, the “second” employer provides him with paid leave in advance.
Many of us are so busy at work that we don’t even think about additional earnings. But there are those who, for various reasons, in addition to their main job, are also ready to earn extra money.
The most popular types of part-time work are: combination of positions and part-time work.
It must be understood that these are two completely different ways of additional work.
The combination of positions is carried out to replace an employee who left for various reasons (if, for example, he is on sick leave or on vacation). The combination of positions is used in difficult times for the company, for example, a shortage of labor.
What is a combination of positions? Combination - the performance by an employee of the same employer, in addition to his main job (conditioned by an employment contract), additional work in another profession (position) or the performance of the duty of a temporarily absent employee without releasing his main job.
Usually, the combination of positions is possible within the same category of workers (for example, workers, employees, specialists, etc.). However, you should be aware that the legislation does not contain such a provision. You cannot combine different positions if your qualifications are not suitable for this (for example, the position of a lawyer and a doctor).
Additional work may be entrusted to an employee only with his written consent. Such consent can be obtained in two ways:
Article 60.2 of the Labor Code of the Russian Federation. Combination of professions (positions). Expansion of service areas, increase in the volume of work. Fulfillment of the duties of a temporarily absent employee without release from work specified in the employment contract
With the written consent of the employee, he may be entrusted with the performance during the established duration of the working day (shift), along with the work determined by the employment contract, additional work in another or the same profession (position) for additional payment (Article 151 of this Code).
Additional work assigned to an employee in another profession (position) may be carried out by combining professions (positions). Additional work assigned to an employee in the same profession (position) can be carried out by expanding service areas, increasing the volume of work. In order to perform the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee may be entrusted with additional work both in another profession and in the same profession (position).
The period during which the employee will perform additional work, its content and volume are established by the employer with the written consent of the employee.
The employee has the right to prematurely refuse to perform additional work, and the employer - to cancel the order to perform it ahead of schedule, notifying the other party in writing no later than three working days in advance.
The amount of remuneration for additional work is established by agreement of the parties. As a rule, the accrual of money is made in accordance with the hours worked (if you combined positions for an incomplete month, then the salary will be accrued only for the period of actual combination).
Article 151
When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid an additional payment.
The amount of additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work (Article 60.2 of this Code).
Now let's look at what a part-time job is.
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.
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 of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.
Compatibility provides:
Article 60.1. Part-time work
The employee has the right to conclude employment contracts on the performance of other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) in his spare time from his main job.
Features of labor regulation of persons working part-time are determined by Chapter 44 of this Code.
There are two types of combination: external and internal.
Internal part-time employment is carried out by the employee at the employer at the main job. External part-time work is carried out in a completely different organization, that is, the employee works in his spare time from his main job in another place.
Know: for part-time work, no consent of the employer is required at the main place of work. You can work wherever you want.
But at the same time, be aware that the law provides for a number of restrictions on part-time work. So, part-time work is not allowed:
Article 282. General provisions on part-time work
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 of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social - labor relations.
Article 329
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. The list of jobs, professions, positions directly related to driving vehicles or traffic control is approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.
Features of the regime of working time and rest time, working conditions of certain categories of workers whose work is directly related to the movement of vehicles, are established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of transport, taking into account the opinion of the relevant all-Russian trade union and the All-Russian Association of Employers. These features cannot worsen the position of employees in comparison with those established by this Code.
When hiring a part-time employee, the employee does not have to present his work book, since it is located at the place of the main job. But if you want to reflect part-time work in the work book, this can be done. The main employer, at your request, will make a record of part-time work on the basis of a document confirming additional work (for example, a copy of the order for part-time employment).
The amount of part-time work is determined in the employment contract. An employee cannot work more than 4 additional hours per day and more than 20 hours per week. However, if you wish, you can work full time on weekends, holidays, etc. at the main place of work.
Article 284
The length of working time when working part-time should not exceed four hours a day. On days when the employee is free from the performance of labor duties at the main place of work, he can work part-time full-time (shift). Within one month (another accounting period), the duration of working hours when working part-time should not exceed half of the monthly norm of working hours (norm of working hours for another accounting period) established for the corresponding category of employees. Limitations on working hours when working part-time, established by part one of this article, do not apply in cases where the employee at the main place of work has suspended work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with parts two or four of Article 73 of this Code.
Most people are forced to look for additional earnings for themselves, since basically few people can boast of an increase in the basic salary, instead there is a reduction in payments. Therefore, many agree to part-time jobs, but how to make this process legal so as not to incur trouble?
A common type of part-time job is part-time work, that is, an employee works for another company in his spare time from his main job. This type of work is regulated by special laws.
When getting a part-time job, you must present a passport, a diploma of specialized education, and if you have to work in an enterprise with difficult conditions, you will have to bring a certificate confirming the conditions at the main place of work. The work book remains at the main job, if you submit a certificate of combined work, then in this case the main employer will make the necessary entry in it.
This type of part-time work can be external, when part-time work is carried out with another organization, as well as internal, when an employee works part-time for his own employer. By law, a person has the right to conclude an employment contract for combined work with any number of employers. But there is one condition according to which a person under the age of eighteen cannot be a part-time worker; employees working in enterprises with hazardous working conditions, if the part-time work will be carried out at the same kind of enterprises.
Speaking of vacation, I would like to note that at the main job and combined it should be provided at the same time. In the case when the vacation time has come, and the prescribed six months have not yet passed at the combined work, then the legal vacation is provided in advance.
The contract in this type of part-time job may not have a specific period, or it may be with a clearly defined working time - all this depends only on the decision of the employer and employee.
Part-time employees should be subject to all the same benefits that are laid down in accordance with the laws of the Russian Federation. For those who combine study and work, such benefits do not apply. Only one place of work can receive benefits and compensations, and only the main one can be people whose activities take place in the conditions of the Far North.
The rupture of labor relations for combined work occurs on the same grounds as at the main place of work. Termination of labor relations also occurs when a person was found in the place of a part-time employee for whom this will be the main place of work, in this case, the employer is obliged to notify the part-time employee 14 days before the termination of the contract.
In some cases, an employee, in addition to the main place of work, may have an additional one. If done right, the law allows for this possibility. The performance of regularly paid work during hours free from the main activity and with the obligatory execution of an employment contract is called part-time work. It involves part-time employment. Employees who perform their duties at the main place of work and part-time are equally protected by labor law. The formalized additional activity allows you to fully use the guarantees provided for by law.
Compatibility can be divided into two types. They differ only in the place of employment. Regardless of the choice, employees are provided with equal social guarantees (payment of bonuses or coefficients, provision of paid leave, etc.). Part-time work is considered the same full-fledged activity that takes less time per day. In most cases, the duration of the working day does not exceed four hours. For doctors, cultural workers and pharmacists, the Decree of the Ministry of Labor No. 41 fixes its own norms. Companionship activities can be divided into:
How does the law regulate part-time work:
A mark on part-time work in the work book is put at the request of the employee. This information must be entered by the main employer. If the organization where the part-time activity is carried out puts a similar mark, then the entry will be considered invalid. Only the main employer is legally entitled to enter this information. There is a situation when an employee continues to work in an additional job, and he loses his main job (dismissal, reduction, etc.). If the mark in the work book has not been set, then only the next employer (at the main place of employment) will be entitled to make it.
When an employee is hired, an employment contract is concluded. It contains the necessary information regarding the payment procedure, mode of operation and other important aspects of the activity. The contract must indicate that the activities performed are part-time jobs. It must be drawn up in duplicate and signed by the parties. With internal combination, you can conclude a fixed-term contract.
All individuals performing duties under employment contracts are entitled to annual paid leave. It also applies to employees who are, but the procedure for providing it is slightly different. As for other categories of workers, they are provided for the retention of their position (job) and average earnings (Article 114 of the Labor Code). Article 115 of the Labor Code establishes the duration of at least 28 calendar days. For some categories, extended or additional leave may be used. These privileges are granted to highly specialized employees who carry out the activities specified in the law. The right to take advantage of extended leave can be:
Additional leave (paid) is granted to persons who are employed in hazardous, dangerous or hard work. For employees performing their duties in the regions of the Far North, special additional holidays are provided, the duration of which is 24 calendar days. For areas equated to the conditions of the Far North, the duration is 16 days.
occurs simultaneously with leave at the main job (Article 286 of the Labor Code). It may turn out that the duration of the vacation for the main job is longer than for the additional one. In this case, the employee has the right to ask for leave for the corresponding period without pay. In other words, to extend the vacation at an additional place of work. Vacation in advance is provided for part-time workers who have worked for less than six months.
The law specifies persons who do not have the right to combine their main activity with any other. Among them:
All other able-bodied citizens can get one or more additional jobs. The quantity is not limited. At the same time, it is important to comply with the requirements enshrined in Article 284 of the Labor Code. It states that the working day of a part-time employee cannot exceed four hours. And for the reporting period (week, month or year), the duration of the total number of hours worked should be less than half the time that was employed at the main place.
For certain categories, their own duration of a part-time working day has been established. Basically, they include cultural workers, doctors and pharmacists. In some cases, part-time workers have the right to work more than four hours a day, but the ratio of the total time of the main to additional employment must be maintained. In order to find out how to register a part-time employee, you need to familiarize yourself with the Labor Code, namely Chapter 44. It contains the main provisions that govern this type of activity.
The law dated December 29, 2006 No. 255-FZ, in article 11, paragraph two, provides for the receipt of "maternity" payments by pregnant women who perform part-time activities. It says that they have the right to receive benefits for pregnancy and childbirth in the maximum amount for each place of work. Each contract of official employment (including external part-time employment) is recognized as a full-fledged activity for which payments can be received.
The rules for registering employees for the main place of work and part-time jobs are for the most part the same. There are some differences that should be taken into account. An important point in the employment of an employee is the contract. Proper preparation and compliance with the established requirements of the legislation is the key to successful interaction between the organization and the employee. Part-time employment is a popular type of employment that has been gaining momentum in recent years. There are situations where it is the fastest and most efficient way to solve the problem with missing frames.
