Instructions: how to properly arrange part-time work

Part-time work is a fairly common option for additional employment for employees. What does this mean? An employee is on the staff of one specific company for a specific position. In his free time from his main job, the employee performs labor functions in the same or a different position at another enterprise. Part-time work can occur within an enterprise, when the same employee works within the same enterprise in different positions. With external part-time work, the employee performs job functions at different enterprises.

How to correctly register the appointment of a part-time employee

Part-time work is the simultaneous performance of labor functions in two (and possibly more) jobs, one of which is the main one. Activities at other jobs are performed exclusively during those periods of time that are not filled with the performance of primary job duties.

Part-time work must be officially formalized in accordance with the following articles of legislation: Art. 282, art. 283, art. 65 Labor Code of the Russian Federation. The hiring process is unified, but the application procedure is slightly different.

However, the labor document is concluded at all workplaces: both the main one and the combined one. The existence of such employment contracts is not limited by law. It all depends on the capabilities of the employee. According to the Labor Code of the Russian Federation, the number of part-time positions is not limited. However, there are certain categories of citizens who cannot be accepted for such work.

For example, the following cannot work part-time:

• minors;
• if the nature of the main workplace and the part-time job are the same, then, as a rule, combination cannot be allowed;
• employees of private security companies when combined with government positions;
• For employees of the educational sector and medical institutions, there is a maximum limit on the time of part-time work.

List of documents

The initial stage is the preparation of documentation. All documents can be classified into two types:

• basic;
• additional.

The first type is provided for by the Labor Code of the Russian Federation. They are mandatory and employment is impossible without them. Without them, applying for a job is impossible.

Additional documents are not a legal requirement. However, they are desirable as they increase the chances of employment.

The table below provides a list of basic documents for part-time employment.

Additional documents are:

• 2 photos;
• a copy of the work book;
• TIN certificate;
• SNILS;
• child's birth certificate;
• medical certificate;
• a document confirming the status of a large family;
• certificate of health of a relative (whether there is a disability);
• questionnaire;
• other documents, specifications, etc.

Important! A list of documents must be submitted when an employee works part-time in another company. No documents are required for the internal combination option.

Preparation of documents for internal part-time work

The internal option involves working in different positions, but within the same organization.

List of basic operations when submitting documents:

• filling out a questionnaire from the employee;
• no additional documents are required. All of them are stored in the company's HR department;
• after submitting the application, an employment contract is signed;
• after signing the employment contract, an order is issued indicating the start date of work;
• You can make an entry in your work book if you wish.

Important! If an employee works part-time, he must provide an education document confirming his ability to work with this qualification.

Design rules:

• mandatory acceptance of an application from an employee;
• conclusion of an employment contract with the reference “combined”;
• issue an order;
• registration of an entry in the work book.

Important points

For the employer

1. When registering a part-time worker, the employer should take into account that there is a category of citizens who cannot be hired for such a job:
   minors;
2. persons whose work will be associated with harmful or dangerous conditions, and their main work is of the same nature;
3. employees of the prosecutor's office, police and judges can be hired part-time only if their activities are related to science, teaching or creativity;
4. persons whose activities will be related to the management or control of traffic, provided that the main work is also related to this activity.
5. There are also restrictions on the working hours of part-time workers: in each organization it should not exceed four hours a day. If at his main job an employee is free throughout the day, then he will be able to work part-time full time that day. In some cases these restrictions do not apply:
   when an employee at the main place suspended work due to a delay in payment;
6. if suspended from work due to health reasons.
7. An employment contract is concluded for an indefinite period or with an expiration date (up to five years). If a new permanent employee is found for the position in which the part-time employee works, the contract will be terminated, but the employer is obliged to notify the part-time employee about this at least two weeks before dismissal. This applies only to open-ended contracts.
8. Immediately after registering a part-time job, you should ask him for a certificate from his main job about the dates of the upcoming paid leave. Even if a part-time worker has not worked for six months, the employer will have to provide him with leave at the same time as at his main job.
9. There is such a thing as a part-time ratio. Since the law does not establish a limit on the number of positions held by one person, often employees of one organization work in several positions, especially in medical institutions. It is impossible for most positions to be occupied by part-time workers, since it is believed that they have too much workload and they may not fully meet their qualifications. The coefficient is determined by dividing the number of positions by the number of employees.

Preparation of documents for external part-time work

Thanks to the external option, the employee gets a job in another company.

The list of documents in this case is much longer, and the procedure is more complex.

List of documents for external part-time worker:

• passport;
• educational certificate;
• document confirming qualifications;
• SNILS;
• TIN;
• certificate of working conditions of the main workplace.

Important! The employer does not have the right to demand a work book, since it is kept in the main company. You can request a certified copy of it.

The registration process for such an employee:

• collection of documents;
• writing an application;
• conclusion of an employment contract in a standard form;
• familiarization with the internal rules and their signature;
• assigning a personnel number to an employee.

Important! In an employment contract, the reference to “combination” is mandatory.

If an employee wishes to obtain an entry in the work book, he must contact the personnel department at the main place of work to request such an entry.

Legal restrictions

In the Labor Code, the legislator provided restrictive conditions for the time of work performed part-time.
In this mode they can work up to 4 hours a day. The cumulative time during the month is limited to half the normal amount. There are cases in which there are no time restrictions:

• upon suspension of work at the main employer (Part 2 of Article 142 of the Labor Code of the Russian Federation);
• when a part-time worker is removed from work at his main place (parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation).

The entire working day can be devoted to part-time work on weekends.

Article 282 of the Labor Code of the Russian Federation prohibits such hiring of personnel in certain cases:

• to perform heavy, dangerous and hazardous work, if the main workplace is associated with them;
• when a specialist is driving a vehicle;
• citizen's minority;
• others determined by federal laws.

Application from an external part-time worker during employment

This document is an important element required when registering an employee.

There are no exact requirements for its content. However, you must provide personal information:

• Name of the organization;
• Full name, position;
• initials and place of residence;
• application form indicating the place and start date of work;
• date of;
• signature.

Basic rules for filling out the application:

• written in free form;
• the application must contain a header and a body with an application for admission to the workplace;
• the header contains the employer’s data, the name of the person in charge, the person’s data (name, passport details, place of residence);
• the application must contain an indication of the date of employment and position held;
• indicate a list of documents attached to the application.

Important! The list of required documents is presented in Art. 282 Labor Code of the Russian Federation.

The organization may have a ready-made application form, so it makes sense to contact the company’s HR officer for help and clarification.

In general, the application cannot be considered a mandatory document. But for municipal and state positions they are required to fill it. If it is written, then an appropriate order should be issued to hire such an employee.

Concept and types of part-time work

An employed citizen has the right to regularly work for a third-party company or for his employer during time free from his main job. Such occupations are called part-time (Article 282 of the Labor Code of the Russian Federation) and are classified into two types:

• internal (within one enterprise);
• external (in various companies).

The definitions of each type are disclosed in Article 60.1 of the Labor Code of the Russian Federation.
Internal part-time workers are citizens who regularly work in one company during working and free time. Employment of this nature is not a combination of different positions and is not intended to increase the volume of main work. It involves, in parallel with the main work, the implementation, as a supplement, of labor functions in another profession within the same working time. Both sides may abandon it prematurely.

External part-time work – employment in a third-party company and work during time that is free from regular work. Apart from exceptional situations, the main employer cannot prohibit part-time work in other places.

https://www.youtube.com/watch?v=qT_UtYF7WJQ

Certificate from main place of work

This document is a very important and mandatory point.

Important! According to the law, you cannot take a part-time job if the working conditions at both the main place of work and the part-time job are similar and are considered harmful and dangerous.

Example No. 1. Agofonov P.P. wants to get a part-time job at a metal products manufacturing plant. The working conditions at this workplace are considered hazardous. During employment, the employer demanded from Agofonov P.P. a certificate of working conditions and nature of work from the main place of work.

The certificate from the main place of work indicated that the conditions in which the employee worked were normal.

After providing a certificate and passing the medical examination of employee Agafonov P.P. They took on a part-time job because there were violations of Art. 282 of the Labor Code of the Russian Federation was not identified.

The certificate does not have a standard unified form, but there are requirements for the content. Basic data to be specified:

• name of company;
• date of certificate;
• SNILS number;
• Full name of the employee;
• nature of work activity;
• the position you plan to occupy;
• working conditions according to SOUT;
• when the SOUT was carried out;
• manager position;
• management signature;
• seal.

You can download a certificate clarifying the special nature of the work here.

Vacation and dismissal of part-time workers

A part-time worker receives leave in an additional place during the same period as in the main one. Even if by this time less than six months of employment have passed in the additional position, the company’s management is obliged to provide leave in advance - this rule is provided for in Art. 286 Labor Code of the Russian Federation.

In accordance with Art. 288 of the Labor Code of the Russian Federation, for part-time workers there is an additional basis for dismissal: if the company has found an employee who will take the position of a part-time worker and for him this will be the main place, it has the right to dismiss the part-time worker on this basis, warning two weeks before the dismissal. This possibility exists due to the fact that part-time work is an extreme measure that companies resort to if they cannot find a permanent employee. If such a person is found, the company parts with the part-time worker.

FAQ

Question No. 1. If a person applying for a part-time job is a citizen of the Republic of Belarus, does he need to present a permitting patent when applying for employment?

Answer: no, you do not need to submit a patent.

Question number 2 . If an employee wants to work part-time internally, is it necessary to draw up a second employment contract or make changes to the main one?

Answer: Letter of Rostrud dated 04/26/2017 No. 14-2/B-357 states that with an internal employment option, a second contract is concluded, which means that another employment order must be issued. There must be a reference to part-time work everywhere.

Question No. 3. What are the main specific elements of a part-time employment contract?

Answer: Main important points:

• link to part-time work;
• The duration of work cannot exceed 20 hours per week and 4 hours per day. Mandatory requirement.

Most common mistakes

Error No. 1. When hiring an employee, the employer demanded from him documents confirming the ownership of housing. He referred to the fact that confirmation of registration at the place of residence is required.

Comments: the required document on the availability of property is not mandatory and is not included in the list of the Labor Code of the Russian Federation. Such a document does not play any role in employment. Presenting it is not mandatory. It's not even on the extra list. In general, lack of registration cannot serve as a basis for refusal to hire. A passport is sufficient to confirm registration.

Let's summarize. Hiring a part-time job is a special process that requires the right approach to collecting documents. The Labor Code of the Russian Federation specifies a list of documentation required for employment, both external and internal part-time.