Part-time work without a main place of work according to the Labor Code of the Russian Federation in 2021

Home / Labor Law / Employment / Part-time and part-time work

Back

Published: 08/05/2016

Reading time: 7 min

2428

Additional work activities performed during free time from main duties are defined in labor legislation as part-time work.

In order for such work to become official for the employee, it is necessary to draw up and sign a separate agreement.

An officially employed person receives the rights to all social guarantees and payments provided for by law and local documents in force at the enterprise or organization. At the same time, he does not lose social guarantees at his main workplace.

Legislation
In what cases is this allowed?
Design nuances
Registration procedure
Calculation of working hours and payment

Part-time work without a main place of work

Part-time work is additional work, which is documented in a separate employment contract. The employee works either in the main organization or with another employer. The main feature of a part-time worker is that he performs his work duties in his free time from his main job (282 Labor Code of the Russian Federation). For part-time work, a working time limit is set - half of the norm. If for a five-day working week the standard time is 40 hours per week, then for an additional one - no more than 20 (

Is it possible to work part-time without having a main job?

Part-time work is an opportunity to earn additional income, but what to do when the main place of work is absent and the search for work is slowly underway, but part-time work is offered and you would not want to refuse the offer.

Issues related to part-time work are regulated by Chapter 44 of the Civil Code of the Russian Federation. According to paragraph 1 of Article 282, with a part-time job, the employee performs other regular paid work under an employment contract in his free time from his main job.

Other work and in free time from the main job, it turns out that having a main job is mandatory? What if you don’t have this main job?

Mandatory presence of a main job when applying for part-time employment is not provided for by law. In addition, various situations may arise when an individual, working part-time, may quit his main job and look for a new job for a long time. At the same time, part-time work will not become his main job and the Labor Code does not provide for the re-registration of a part-time employment contract for work at the main place.

An employer, when hiring a part-time employee, does not have the right to ask the employee to provide documents confirming the existence of a main place of work. Documents that can be requested when applying for a part-time job are specified in Article 283 of the Labor Code of the Russian Federation.

It turns out that we can conclude that it is quite possible to find a part-time job without having a main place of work!

However, the following points must be taken into account:

Firstly, the fact that this is a part-time job must be indicated in the Employment Contract.
Secondly, the employee can choose whether to make an entry about part-time work in the work book or not, but such an entry can only be made by the employer at the main place of work.
To do this, the employee must provide the employer at the main place of work with a copy of the Order on part-time work for recording. If suddenly an employee needs a Work Book and does not have a main place of work, difficulties may arise in obtaining it. After all, an employer providing part-time work will not be able to actually make a record.
Thirdly, we must not forget that you can be hired for a part-time job with a work schedule of no more than four hours a day.

Accounting services provided by the outsourcing company Business Analytics will help protect against fines and penalties, reduce accounting costs, and build a more efficient business model. Leave a request on the website, or check the cost by phone!

Author: Shiryaeva Natalya

An employee quits his main job

Dismissal from your main job does not mean that the part-time job will now become the main one, and the contract with the part-time job will become the main contract. In this case, it is possible to change the terms of the contract only if this is the desire of both parties - both the employer and the employee. If both parties agree, it is necessary to register the employee as a main employee. You can do this in one of two ways:

Terminate the contract with a part-time worker, and then hire him by concluding a new employment agreement;
Conclude an additional agreement to the current contract.

In our case, it is impossible to register an employee by transfer, since the transfer implies a change in job responsibilities or place of work (72.1 of the Labor Code of the Russian Federation). But in our case, the contracts will differ only in terms of work, and the employee’s place of work and responsibilities remain the same.

Is it possible to work part-time without a main place of work: practice and law

The Labor Code of the Russian Federation (hereinafter referred to as the Labor Code) dedicated Art. 60.1 and art. 282-288 of Chapter 44. Also, certain articles of this legal source talk about restrictions associated with work under various employment contracts. For example, Art. 329 of the Labor Code prohibits pilots, machinists, drivers, dispatchers and other persons from working part-time if such professional activity is related to driving vehicles.

Art. 282 of the Labor Code defines part-time work as the regular paid performance of labor duties under an employment contract with another employer, when a citizen is not employed at his main place of work. But, despite the fact that according to the law there must be a main job, in real life situations arise in which part-time work without a main place of work is possible:

the employee gets a job as a part-time worker, hiding the fact that he does not work anywhere else;
a part-time employee resigns from his main place of work without notifying other employers with whom he is a part-time employee.

The first situation is possible, since when employing an employee on a part-time basis, the employer, as a general rule, should not require a work book from him or otherwise check whether the part-time worker has a main job. This is necessary only if there is an established restriction: if a part-time worker gets a job in harmful or dangerous production, the employer is obliged to check whether his main job is related to similar working conditions. For this, a corresponding certificate is requested (Article 283 of the Labor Code). Or the employee can, on his own initiative, confirm the nature of his main activity with a copy of the work book (Article Labor Code).

Read also: Making an entry in the work book about part-time work

As for the second case, the law does not oblige a part-time worker to report his dismissal from his main job, so situations where he is silent about it also often happen.

Nothing prevents a fired citizen from finding a new job, which will become his main job, while continuing to work part-time. But he should not expect that after dismissal he will automatically become the main employee in the company where he works as a part-time employee. This is only possible if the employer agrees to such a step.

Termination of a contract with a part-time partner

Having chosen the first option of registering the main employee, first you need to fire him. In this case, it is necessary to decide by what procedure the dismissal will be carried out: on the initiative of the part-time worker himself or his employer.

When leaving on the initiative of a part-time employee, he will be required to write a statement. It is not necessary to submit it two weeks in advance, since in case of an agreement with the employer, the employee will not have to work and the employer will not have to look for a replacement.

If the initiator is the employer, then the basis in this case will be the hiring of an employee for whom this place of work will be the main one. In this case, a two-week work period will also not be required. In practice, the entire process of transitioning an employee from a part-time job to a full-time job takes only two days. One day is required for dismissing an employee, and the second for hiring.

Based on the applications, personnel officers issue orders, one to terminate the contract with a part-time worker, and the second to hire the main employee.

Important! If a part-time worker had a record of part-time work in his employment record, it is necessary to make a record of dismissal.

Entry in the work book

The entire process of registering a part-time employee as the main employee is not too complicated; difficulties can only arise when filling out the employee's work permit. An entry such as hiring a part-time worker is not always included in the employment record. It all depends on the wishes of the employee himself. If he wants, he can ask his employer to make such an entry. The main right of entry in the book belongs to the employer at the main place of work.

If there is no employment record, then difficulties should not arise. The employer will simply make a new entry regarding the employment of the main employee. If there was an appointment record, then you will need to additionally make a note that the employee was fired, and only then about his hiring. In this case, the basis for dismissal will be the first order, and for employment - the second.

However, there are also situations when a part-time employee is first registered in the labor register, then hired to the main place of work and dismissed from the main place of work. In this case, the employer should remember that the entry of a part-time worker is made only at the request of the employee, and if the chronological order in the entries is not observed, there is nothing wrong with that.

NTVP "Kedr - Consultant"

LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Labor disputes » Is it possible to transfer an employee from his main place of work to an external part-time job without dismissal?

Question. Is it possible to transfer an employee from his main place of work to an external part-time job without dismissal?

Answer.

In this case, it is necessary to dismiss the employee and issue him a work book, which must be located at his main place of work. The transfer of an employee does not provide for the issuance of a work book. After dismissal from your main place of work, you have the right to accept this person as an external part-time worker.

By virtue of Art. 60.1 of the Labor Code of the Russian Federation, an employee has the right to enter into employment contracts to perform other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) during his free time from his main job.

Based on the definition of part-time work given in Part 1 of Art. 282 of the Labor Code of the Russian Federation, part-time work is work under another employment contract in free time from the main job.

By virtue of Part 4 of Art. 282 of the Labor Code of the Russian Federation, the employment contract must indicate that the work is part-time.

By virtue of Art. 66 of the Labor Code of the Russian Federation, a work book of the established form is the main document on the employee’s work activity and length of service.

The employer (with the exception of employers - individuals who are not individual entrepreneurs) maintains work books for each employee who has worked for him for more than five days, in the case where work for this employer is the main one for the employee.

The work book contains information about the employee, the work he performs, transfers to another permanent job and the dismissal of the employee, as well as the grounds for termination of the employment contract and information about awards for success in work. Information about penalties is not entered into the work book, except in cases where the disciplinary sanction is dismissal.

At the request of the employee, information about part-time work is entered into the work book at the place of main work on the basis of a document confirming part-time work.

{Question: Is it possible to transfer the main employee to a part-time job with the same employer by concluding an additional agreement to the employment contract (i.e. without dismissing the employee and then hiring him to work part-time)? If this is possible, what is the procedure for maintaining an employee’s work record? (“Website “Onlineinspection.RF”, 2020) {ConsultantPlus}}

The explanation was given by Igor Borisovich Makshakov, legal consultant of LLC NTVP Kedr-Consultant, February 2020.

When preparing the answer, SPS ConsultantPlus was used

This clarification is not official and does not entail legal consequences; it is provided in accordance with the Regulations of the CONSULTATION LINE (www.ntvpkedr.ru).

The employee hid the absence of his main place of work

Unfortunately, in practice there are also situations when, when hiring a part-time employee, the fact that there is no main place of work is hidden. What should the employer do in this case, since the employer does not have the right to demand that you show your employment record when applying for a job. It is also impossible to establish this fact on your own. This is most often done with the goal that the employee is given a part-time working day, for example, I don’t kiss, I’m only half the rate. Of course, without the main place of work, the very fact of part-time work loses its meaning, that is, it should not exist, but despite this it occurs quite often. The employee begins to worry only when he is required to submit a labor document to certain authorities, which must be certified by the main employer. They are required when applying for foreign passports, visas or loans. Since the labor rules stipulate that only the main employer should fill them out. Difficulties also arise when applying for leave, since a part-time worker goes on leave at the same time as the leave granted to him by the main employer.

Having considered the issue, we came to the following conclusion:

With the exception of certain cases, the employer does not have the right to require from a person applying for a part-time job documents confirming that he has another (main) job. Therefore, an employee can be employed part-time even if he actually does not have a main place of work. To do this, the future employee just needs to indicate in his job application his desire to be hired as a part-time employee.

Rationale for the conclusion:

In accordance with part one of Art. 60.1 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee has the right to enter into employment contracts to perform other regular paid work with the same employer (internal part-time job) and (or) with another employer (external part-time job) in his free time from his main job.

Part one art. 282 of the Labor Code of the Russian Federation defines part-time work as an employee performing other regular paid work under the terms of an employment contract in his free time from his main job.

Thus, part-time work presupposes that the employee has an employment relationship with the employer at the main place of work (Rostrud letter dated 04/21/2011 N 1048-6-1).

However, an employer who draws up an employment contract on an external part-time basis is not obliged to check whether the employee has a main place of work. Documents from which it follows that the person being hired has a main place of work are required only from a part-time worker who is employed in a job with harmful and (or) dangerous working conditions, who provides a certificate about the nature and conditions of work at the main place of work (Art. 283 Labor Code of the Russian Federation).

In other cases, an employer hiring an employee on an external part-time basis does not have the right to demand from him documents confirming that this person has a main place of work (part three of Article 65, Article 283 of the Labor Code of the Russian Federation). Therefore, in fact, a person entering a job can be employed as a part-time worker even in the absence of his main job. As a basis for this, a job application from a future employee, in which he asks to be hired on a part-time basis, is sufficient. In addition, as Rostrud specialists indicate in their explanations, the Labor Code of the Russian Federation does not contain a ban on concluding an employment contract with an employee on a part-time basis if the employee does not have a main job *(1).

Please note that an employer who hired an employee on an external part-time basis does not make an entry in the work book. Information about part-time work, at the request of the employee, is entered into the work book at the place of main work on the basis of a document confirming part-time work (part five of Article 66 of the Labor Code of the Russian Federation, clause 20 of the Rules for maintaining and storing work books, producing work book forms and providing them employers approved by Decree of the Government of the Russian Federation dated April 16, 2003 N 225, clause 3.1 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 N 69). Therefore, an employer who hires an employee for part-time work does not have the right to enter information about work into his work book, including in cases where the employee does not have a main place of work.

Prepared answer:

Expert of the Legal Consulting Service GARANT

Erin Pavel

Information legal support GARANT

https://www.garant.ru

Employee actions

In this case, there is only one way to solve the problem - inform the employer about everything. The employee will be transferred to the main one, all entries will be entered into the labor record, and, if necessary, he will be given part-time work. In essence, the employee’s work activity will not change, only the fact that the work will become his main job will change. There is also no need to be afraid of dismissal, since if the employer was satisfied with part-time work, in which the employee worked only half of the normal working hours, then most likely he will be satisfied with part-time work (