External combination - Labor Code of the Russian Federation. Employment contract with a part-time job
Posted On 29.11.2017
After making sure that a particular employee can do part-time work, a contract is concluded with him, and a note is made in the work book.
One of the ways to overcome the crisis is to look for a part-time job, which will increase income and protect yourself from lack of money. However, a person can have only one basic work place, and all the rest - are made out in combination. This means that the work is done in free time.
And although theoretically you can be part-time in two or three companies at once, most often only one additional place is selected. If you are looking for a part-time job, how to arrange it correctly is a question that needs to be solved correctly.
- Labor contract.
According to Article 282 of the Labor Code of the Russian Federation, the signing of an agreement between the parties is mandatory.
- An indication of the combination. Both in the contract and in the work book there must be a note about this circumstance.
- Compliance with restrictions. In some cases, part-time work is impossible (for example, if the head of the company is not given the appropriate permission by the body authorized to make a decision, or the owner of the property).
- Length of the working day. According to Article 284 of the Labor Code of the Russian Federation, it cannot be more than 4 hours daily. But if an employee is suspended at the main job, or has suspended activities until his salary is paid, these restrictions do not apply.
It should be noted that the maximum duration of a part-time working week cannot exceed half of the standard time established for these working conditions.
RECEIVING ON JOINT WORK
Thus, for the vast majority of job seekers, the norm is 80 hours per month (20 hours per week).
The following documents are required for employment:
- Identity card (passport, residence permit);
- Insurance certificate (for payment of contributions to the Pension Fund);
- Confirmation of specialized education (if necessary to perform work);
- Help about working conditions at the main job;
- Information about military registration (if the person is subject to compulsory conscription or is in the service).
On the beginning of the relationship, an order is issued in the form of T-1, which must be brought to the attention of the employee.
Features of payroll
The legislation stipulates that payment is calculated in accordance with the terms of the contract. In addition, all multiplying factors provided for specific conditions of activity (night time, holidays, etc.) are subject to application.
Features of granting leave
Annual leave for part-time employees is provided simultaneously with the place of their main employment.
If 6 months have not passed since the date of registration, the employer is obliged to let the person go on vacation "in advance", he has no right to refuse. If the main job has more vacation than the additional one, the part-time worker has the right to cover the difference at the expense of vacation at his own expense. Refusal to satisfy this request is not provided.
Additional grounds for dismissal
If the employer selects a permanent employee for the vacancy, he has the right to terminate labor Relations with a part-time job. This requires a 2 weeks notice prior to the proposed dismissal. It should be noted that the above is true if the contract between the parties is concluded for an indefinite period.
With a reduction in staffing, a part-time worker, with a permanent job, does not receive severance pay in the amount of a monthly income, and does not receive an average monthly salary within 2 months from the date of dismissal. Thus, it is much easier to cut the position than employers often abuse.
In case of dismissal, both salary and compensation for unused vacation are provided without fail. If a dispute arises between the parties about the amount, the employer is obliged to pay the amount that he does not dispute.
Combination of a number of categories of persons is not allowed:
- Children under the age of 18;
- Employees of organizations with harmful and hazardous conditions;
- Transport drivers (if the part-time job involves the performance of similar duties);
- Security guards and heads of private security organizations;
- Civil servants (as well as judges, police officers, prosecutors, etc.), military personnel, a number of categories of employees of the Bank of Russia, lawyers;
- Heads of organizations (in the absence of permission authorized body company, property owner);
- Teachers, doctors, pharmacists, cultural workers.
Summary
Thus, the topic considered is well developed both in theory and practice, so the number of disputes and collisions is minimized. Of course, the legislator cannot foresee absolutely all situations, therefore problematic issues periodically arise. We recommend that applicants carefully study the contracts to be signed and not make important decisions without prior legal advice.
Victor Stepanov, 2016-06-27
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Hiring part-time workers is a very common situation. But we must remember that for part-time workers, the Labor Code provides for a number of features, both during registration and during work.
The part-time status implies the regular performance of work (Article 282 of the Labor Code of the Russian Federation). That is, the concept of "part-time" is not at all equivalent to the concept of " temporary worker". On the contrary, a part-time employee is the same full-time employee who constantly performs his duties in the organization. Therefore, if the work is of a one-time nature (for example, you need to restore accounting), then it is better to conclude not an employment, but a civil law contract.
Another feature of part-time jobs is that the employee works in his free time from the main job. Moreover, a part-time worker can work both at the place of his main job (internal part-time job), and in other organizations ( external combination). This is evidenced by Art. 282 of the Labor Code of the Russian Federation.
The question arises: how many part-time contracts can one person conclude at the same time? And when applying for a job, is it necessary to check in how many organizations the candidate is already part-time?
Let's say right away that the Labor Code does not limit the number of part-time jobs. Therefore, it is not necessary to check where the applicant is still working. Moreover, this is almost impossible to do. After all, data on part-time work is entered into work book only at the request of the employee.
When hiring an internal part-time worker, you do not need to require any additional documents. All required documents he had already presented it when he was registered for the main position (Article 65 of the Labor Code of the Russian Federation). When applying for a job, ask an external part-time employee:
- passport or other identity document;
- document on education (its copy) (when applying for a job that requires special knowledge);
- a certificate of the nature and conditions of work at the main place of work (when hiring for hard work, work with harmful and (or) dangerous working conditions).
Such a list of documents is established in Article 283 Labor Code RF.
At the same time, for the correct calculation of "pension" contributions, the accountant will need data from the PFR insurance certificate. Therefore, you need to make a copy of this document. But the work book is not needed for part-time employment. After all, it is carried out at the place of main work (Article 66 of the Labor Code of the Russian Federation). Therefore, if when applying for a job, information about the employee's experience is needed, then he can be asked to bring only a copy of the work book.
When applying for a part-time job, as well as when registering a main employee, an employment contract must be concluded. Moreover, the contract is drawn up, even if we are talking about internal part-time jobs. A feature of such an agreement will be a mark that the work is being performed part-time. Otherwise, the same requirements apply to the contract as for contracts at the main place of work (Article 10 of the Labor Code of the Russian Federation).
In addition, you need to form a personal file for a part-time job. It must contain a copy of an identity document, a copy of a diploma or other document on education or training.
Rules for hiring part-time jobs
also in personal file a copy of the employment contract, an order for employment and other documents that determine the nature of the labor relationship between the employer and the part-time employee are kept.
Some citizens cannot be hired part-time. These include, in particular:
- minors (part 5 of article 282 of the Labor Code of the Russian Federation);
- Citizens who are employed with harmful and (or) hazardous working conditions, if their main job is associated with the same conditions (part 5 of article 282 of the Labor Code of the Russian Federation);
- prosecutors (except for teaching, scientific and creative activities) (p.
5 tbsp. 4 of Law No. 2202-1);
- Citizens who are hired for work related to the management or control of the movement of vehicles, if at the main place of work they perform the same labor duties (part 1 of article 329 of the Labor Code of the Russian Federation). The list of positions and professions covered by this restriction is approved by the RF Government Resolution No. 16;
- judges (except for teaching, scientific and creative activities) (clause 3 of article 3 of Law No. 3132-1);
- police officers (except for teaching, scientific and creative activities) (Art. 20 of Law No. 1026-1).
If a company mistakenly hires an employee who is prohibited from working part-time, he will have to be dismissed under paragraph 11 of Article 77 of the Labor Code of the Russian Federation (as a violation of the rules for concluding an employment contract, excluding the continuation of work).
Please note: it is generally impossible to conclude labor contracts for part-time jobs with certain categories of workers. For example, similar restrictions are provided for civil servants (Article 17 of Federal Law N 79-FZ "On State civil service Russian Federation"). They are prohibited from performing paid work on a part-time basis, unless such work is scientific, teaching or other creative. And the head of the organization can work part-time only with the permission of the authorized body or the owner of the property of this legal entity. This is the rule of Art. 276 of the Labor Code of the Russian Federation.
Article 276 of the Labor Code of the Russian Federation allows the head of the organization to work part-time. However, such work is allowed only with the permission of the authorized body. legal entity either the owner of the organization's property, or a person (body) authorized by the owner.
It is obvious that the management body of the organization authorized to allow the head to work part-time is the management body that has the right to hire the head of the organization (to appoint the head of the organization).
Thus, an employee can be the head of several organizations at once, if the relevant management bodies of these organizations have expressed their consent to this. According to Part 2 of Art. 276 of the Labor Code of the Russian Federation, the head of an organization cannot be a member of the bodies exercising control and supervision functions in this organization (for example, the audit commission, the labor protection service).
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The necessary documentation for external and internal part-time employment In order to become an external part-time worker, a worker needs to carry the following documents to cadre workers:
- his consent to the performance of duties;
- identity card and its photocopy;
- photocopies of the training diploma (if needed);
- a certificate from 1 place of work (in particular, from a company where there are working conditions hazardous to humans);
- an extract from the work book;
- other documents (in particular, TIN).
In order to become an internal part-time worker, you need to provide only your consent to the HR department. Part-time employment - a sample order The internal order is drawn up by the personnel department according to the special form T-1, which is established in the Decree of the Federal State Statistics Service of the Russian Federation No. 1 of January 5, 2004.
But working as a taxi driver for an advertising manager will not work if this is not in the list of job responsibilities. In this case, you need to conclude a new contract. When applying for the state of internal part-time workers personnel workers make up both fixed-term and perpetual contracts.
Consent of the employee On the basis of the written consent of the future part-time employee, personnel officers conclude a specific contract. You can view a sample agreement below: External part-time employment under a fixed-term contract According to Art.
58 of the Labor Code of the Russian Federation, a concurrent contract is concluded for any period or up to 5 years as a maximum ( fixed-term contract). Temporary In case of temporary combination, the future employee signs a fixed-term contract with the director of the company for a specific period of up to 5 years.
After all the documents are provided, and the applicant for a part-time job has written a corresponding application, an employment contract is concluded between the organization and the part-time job. On the main points, this agreement should not differ in any way from the standard agreement adopted by the organization, with the exception of the validity period (fixed-term or unlimited).
In the agreement on external combination of jobs, the mark "for combination" is also required.
Registration of a part-time employee
When combining internally, an employee who is on the staff of the company is involved in performing tasks. For internal and external alignment, it is important that a number of conditions are met.
In particular, the formality and regularity of work, decent wages and time free from the main activity. At the same time, each employee has the right to perform as many additional duties as he can physically master - in this case, the law does not provide for any restrictions. The main difference between internal and external part-time workers is the paperwork when applying for a second job. Internal alignment: the essence The peculiarity of internal alignment is that an employee can combine work while in the same position. This practice is common, for example, among teachers and teachers, when part of the classes they teach one subject, and part - another.
Features of hiring part-time employees
This happens at 1 worker's workplace. The entry of data about an employee into the labor book takes place according to the rules that are spelled out in the Decree of the Ministry of Labor of 10.10.2003 No. 69 and the Government of the Russian Federation of 04.16.2004 No. 225. a similar situation the personnel officer performs the following actions:
- finds in the personal file of the worker his work book;
- in the labor of the worker finds a record of admission to the staff of the company. In most cases, it belongs to the extreme director of the firm, for whom the worker works and for whom he wants to work in combination;
- without deviating 1 line from the last entry, the employee puts down in the left column a number that follows immediately after the previous one in the entry;
- further, the personnel officer puts the date of registration of the labor;
- then he fills in the main line, which contains data on the admission of a citizen of the Russian Federation to the company's staff.
Work on external and internal part-time jobs according to the TC RF
Attention
The Labor Code of the Russian Federation does not prohibit hiring a citizen to perform other work functions or the same. For example, citizen VV Petrov works as a mathematics teacher at school number 1, and in his spare time he replaces the absent janitor.
This situation will relate to internal cooperation, since on an ongoing basis citizen Petrov works in two professions in the same school. External External part-time job is the performance by an employee of certain tasks for another employer, for which he is not registered in the main job.
For such activities, there is no need to obtain permission at the main workplace or from an authorized legal entity. The exceptions are:
- heads of organizations (Art.
- members of the collegial executive body organizations (Art.
Hiring a part-time worker. step-by-step instruction
Sample application for a part-time job The application for registration for a part-time job must indicate:
- Full name of the employee;
- place of registration of the employee;
- Full name of the head of the company;
- the day on which the employee will start working;
- job title;
- a list of specific attachments to the application;
- working conditions;
- additional information.
Differences in employment for newly hired and already working in the company For newly hired workers The procedure for applying for a part-time job for newly hired, dismissed or transferred workers is established in the Labor Code of the Russian Federation.
Labor Code of the Russian Federation, the employer dismisses the part-time worker on the following grounds:
- if the term of the contract has come to an end (when signing a fixed-term contract);
- if the employer has found a new applicant for workplace worker;
- if the employee has submitted an application to leave the company on his own initiative;
- if both the director and the employee have reached an agreement to terminate the employment relationship;
- on the initiative of the head in case of non-observance of the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.
At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, when caring for a child, during pregnancy and after childbirth, etc.). The nuances of part-time employment When employing a part-time job, the personnel officer must be extremely careful.
- when hiring a part-time employee on a permanent basis.
Cancellation of part-time work The termination of part-time work occurs on a general basis and if there are good reasons (Article 77 of the Labor Code of the Russian Federation): The law prohibits the dismissal of employees who are on sick leave, on leave (for example, for child care, maternity, etc.) .d.).
Part-time work: how to arrange correctly
Documents Termination of the employment contract Required documents on the initiative of the employee or both parties
- the employee must write a letter of resignation;
- the employer draws up an order (order) on dismissal;
- a corresponding entry can be made in the employee's labor book.
on the initiative of the employer, the employee is not required to write a statement, he will receive a corresponding order of dismissal.
Hiring an external and internal part-time worker
Its main essence should not differ from a regular employment contract, but it is imperative to put the designation “on the terms of combination”. In addition, the number of hours that an employee spends on combining cannot exceed 50% of the standard number of working hours per week. The employment contract signed by the parties is the basis for the issuance of a corresponding order by the management of the organization, which must necessarily contain the number of hiring as an internal part-time job, as well as a mention of the employment contract.
If the employee expresses a desire, then in his work book, the personnel specialist of the enterprise is obliged to make a record of the combination. So, to summarize. There are several steps you need to take to design an internal alignment.
Text Work and Career "How to get an internal part-time job in 2017":
When an employee of an enterprise wants to combine two different positions in one organization, then such a work activity is called internal part-time. With such an employee, you should conclude a separate employment contract, issue an order on unified form T-1, enter information about the second position in the personal card, in the work book - only at the initiative of the specialist.
You will need
- - employee documents;
- - staffing table;
- - documents of the enterprise;
- - seal of the organization;
- - Labor Code of the Russian Federation;
- - rules for keeping work books;
- - the form of the order for employment;
- - personal employee card;
- - the form of a standard employment contract.
Instructions
An employee who wants to work in another position in the same organization (and it must be vacant) must write a statement addressed to the director of the enterprise about the possibility of working at a part-time job. After reviewing the document, the head should make a decision, endorse it in the form of a resolution on the application.
Enter into a new employment contract with a specialist, which should spell out the rights and obligations of the parties. It should be borne in mind that part-time work has a number of features. An employee has the right to work in such a position no more than sixteen hours a week. The monthly payment to a part-time worker is charged in accordance with the actual hours worked, but his salary should be no more than fifty percent of the earnings for this profession, prescribed in the staffing table operating at the enterprise. Certify the contract with the employee with the signature of the first person of the organization or another authorized person, the seal of the enterprise, the signature of the employee, issued concurrently.
In the order form according to the T-1 form, approved by the Resolution of the State Statistics Committee of Russia No. 1 dated 01/05/2004, indicate the full name of your organization, the document number, the date of its preparation. Enter the employee's personnel number (if any), his personal data in accordance with the passport, military ID or driver's license. In accordance with the employment contract, indicate the name of the position for which the part-time job was accepted, structural unit... Enter the amount of his remuneration. Write in the column for the nature of the work - combination. Certify the order of employment with the signature of the director of the company, the seal of the organization. Read the employee's document. He should be personally signed and dated.
Part-time workers, like workers included in the permanent staff, carry out their labor activity on the basis of employment contracts concluded between them and their employers. Contracts for part-time workers have a number of features. When concluding them, it is necessary to take into account the latest additions to the Labor Code of the Russian Federation and clarifications in the letters of the Ministry of Labor dated April 18 and 26, 2017.
General Provisions
Part-time employment is a work activity in which an employee performs additional work in his free time from the main job.
Distinguish between internal and external combination. An external part-time worker, in addition to the main job, carries out part-time labor activities in another organization. An internal part-time worker, having the main job at his own enterprise, performs a second, additional job in the same organization in his free time.
The foundations of labor relations between an employer and a part-time employee are laid down in Chapter 44 of the Labor Code of the Russian Federation "Features of the regulation of the labor of persons working part-time". Here, seven articles (282–288) provide detailed guidance on virtually every aspect of part-time work. In addition to the Labor Code, constantly updated departmental guidelines are devoted to individual issues of part-time work. So, in the letters of the Ministry of Labor and Social Protection of the Russian Federation (hereinafter - the Ministry of Labor) No. 11-4 / OOG-718 dated 04/18/2017 and No. 14-2 / \u200b\u200bV-357 dated 04/26/2017, some conditions of the employment contract with part-time workers are clarified and detailed and once again justifies the need for his conclusion with internal part-time workers
Video: part-time work according to the Labor Code
Grounds for concluding an employment contract with a part-time job
Common to all types of part-time jobs is the fact that the work is carried out on a regular and paid basis. The fact that such work activity is an additional job and is performed during free time from the main work does not relieve the employer from the need to conclude an employment contract with the employee.
The principles of labor relations with a part-time employee remain the same as with employees who carry out their labor activities at their main job. They are based on the Labor Code and are as follows:
- the work is paid;
- work is done regularly;
- there is an agreed working schedule;
- have the right to vacation;
- the conditions of the legislation on sanitary and other standards are observed;
- social guarantees are provided.
The grounds indicated apply to both external and internal part-timers.
The letter of the Ministry of Labor No. 14-2 / \u200b\u200bB-357 dated 04/26/2017 explicitly states that in case of internal part-time employment, the employer is obliged to conclude a second employment contract with the employee, and not to get rid of any internal order.
If a person's main job is associated with difficult and unhealthy working conditions, he cannot be hired concurrently for a position with similar conditions.
Features of an employment contract with a part-time job
A part-time employment contract is drawn up in two copies. One of them remains in the personnel department of the company, and the second is handed over to the employee. The contract remaining in the organization must be signed by a part-time worker, certifying that he is familiar with the terms of the contract and agrees with its provisions.
The contract must be signed by both the employee and the employer
In many key aspects, the provisions of the contract with a part-time job do not differ from the terms of a regular employment contract. This can be easily explained by the fact that the clauses of the contracts in both cases are based on the provisions of the Labor Code and reflect the conditions of work carried out on a regular and paid basis. At the same time, since part-time work is somewhat different from working conditions on a permanent basis, labor contracts should reflect this.
The main features reflected in employment contracts with part-time workers are:
- An indication that the work is being done on a paid regular basis.
- The point that the work is done part-time. This is a requirement of the Labor Code, and at the same time a guarantee of compliance with the special rights of a part-time worker, even if they are not reflected in other parts of the contract.
- Mandatory limitation of working time, the duration of which may not exceed half of the length of working time at the main job. Since an eight-hour working day prevails, in most cases the duration of a part-time job in an employment contract is four hours.
- Part-time salary depends on the time worked. In proportion to the number of working hours, the amount due for work on holidays and non-working days allowances, days spent on sick leave are compensated.
- The right of a part-time worker to vacation is specially stipulated. Moreover, it must be provided simultaneously with the main work leave. The time for granting leave for an external part-time worker should not be tied to the vacation schedule at the enterprise where he works part-time. Moreover, even if he has not yet worked the six months required for granting leave, he must be given it in advance at the same time as the main job leave.
The main points of the employment contract
- Name of the employee, his address, passport number and other data.
- Company details with full indication of the company name.
- Time and place of signing the contract.
- Place of work, which indicates the department in which the part-time worker will work.
- The name of the position or profession of a part-time worker.
- Production or other duties of the employee.
- Working hours: start and end of work, rest time. It should be noted that according to the latest clarifications of the Ministry of Labor, in an employment contract with a work duration of less than four hours a day, rest time or a lunch break can be omitted.
- Start day of work. In practice, it coincides with the date of signing the contract.
- Labor remuneration conditions. This includes size indication wages and how it is formed. When determining the amount of salary, it must be borne in mind that according to Art. 133. 1 of the Labor Code of the Russian Federation, it should not be lower than the regional wage (minimum wage). The minimum for part-time workers is half of this value when working part-time.
- Special working conditions arising from work in hazardous or life-threatening production. To work in such conditions, special compensations, protective clothing, reduced working hours, and so on are provided.
- Terms of conclusion of contracts.
The contract is drawn up in two copies, one of them remains in the HR department of the organization, and the second is transferred to a part-time employee
Terms of concluding a part-time employment contract
The Labor Code for concluding a contract with a part-time job does not provide for any restrictions on the duration of its validity, and the coordination of the time frame is entrusted to the contracting parties and completely depends on their mutual desire. Thus, a part-time employment contract can be both indefinite and urgent.
You should be aware that a contract with a validity period of more than five years already belongs to open-ended contracts.
Conditions for concluding a fixed-term contract
In most cases, a fixed-term contract is concluded with a part-time job. Minimum term labor legislation does not provide. The most common (and longest) time frame is five years.
The urgent nature of the contract must be justified by reasons that limit the period of its validity. Article 59 of the Labor Code of the Russian Federation defines the following conditions:
- seasonality of work performed;
- replacement of a temporarily absent full-time employee;
- temporary work to eliminate the consequences of accidents, man-made disasters and other emergencies;
- works that are deliberately limited in time (including those whose completion dates cannot be named);
- work within the framework of an industrial internship or educational practice;
- activity in temporary elective bodies or in an elective office;
- agreement of the parties.
The absence of at least one of the listed grounds does not make it possible to consider an employment contract as urgent, but may lead to its cancellation or recognition of its indefinite nature.
The Labor Code of the Russian Federation limits situations when a fixed-term contract can be concluded by agreement of the parties. These are such cases:
- work for an individual with less than 35 staff;
- overseas business trips;
- work in the Far North;
- creative, project-based nature of the work;
- work as a manager, deputy manager and chief accountant;
- part-time work.
Thus, the consent of the part-time worker is the basis for concluding a fixed-term employment contract with him. This consent is expressed by his signature. The nature of the work can be anything.
A fixed-term contract with a part-time job can be concluded for any type of work
In the clause on the conditions for terminating a fixed-term contract, there may be a specific date, and if it is impossible to determine it in advance, the circumstances are indicated. This is the completion of certain work, the completion of the project or the exit of the main employee, if a part-time employee replaced him. Usually, in a contract with a clear indication of the dates, the employer undertakes in the event of an early (before the expiration of, for example, five years) dismissal of the part-time worker on his own initiative, to pay him the agreed compensation.
Features of an open-ended contract
An indefinite part-time employment contract is drawn up much less often than an urgent one, but at the same time it is a completely legal document. Such an agreement is signed in all cases when there is no reason to consider cooperation limited in time. It indicates that it is concluded for an indefinite period.
The indefinite nature of the employment contract in some situations may be beneficial to the part-time worker, and in others - to the employer. For example, when concluding an open-ended contract, a part-time employee may quit according to on their own in some moment. At the same time, it is easier for an employer to dismiss an employee on his own initiative if he is dissatisfied with the quality of the work performed.
A part-time worker can resign himself or be dismissed at the initiative of the employer on all grounds provided for by the Labor Code. A special reason for dismissal ishiring an employee for whom this work will be the main one. In this case, the employer has the right to terminate termless contract with a part-time job (both internal and external) on their own initiative. This opportunity is given to him by Article 288 of the Labor Code of the Russian Federation. However, in order for such a dismissal of a part-time worker to have legal force, the management is obliged to warn him about the impending termination of employment two weeks before the release of the order of dismissal.
Photo gallery: sample employment contract with an internal part-time worker
In the contract it is necessary to indicate the full name of the part-time worker and his passport data.The main content of the employment contract is the provisions on the working hours and the payment system.The contract is signed by the employer and part-time worker
If you work on a regular paid basis, the conclusion of an employment contract with a part-time job is strictly mandatory. Work without signing it is illegal. The procedure for concluding a part-time contract and its content are in many ways similar to an employment contract on a general basis, but have a number of significant features.
The new edition of the Labor Code has significantly changed the mechanism for regulating the labor of part-time workers and workers who combine professions or positions. How do these forms of labor organization differ? What features must be considered when hiring a part-time worker? Do I need to conclude an employment contract with someone who will combine professions, positions or participate in other forms of combination? Read about this and much more in the proposed article.
Combining and combining are completely different forms of work organization. However, in practice, these concepts are often confused, replacing one with another. Therefore, before studying the new rules for regulating the work of part-time workers and those who master other positions and professions, we will briefly understand the terminology.
If an employee, in his free time from his main job, performs other regular paid work on the terms of an employment contract, this is a part-time job (Articles 60.1 and 282 of the Labor Code of the Russian Federation). You can work part-time not only for your employer, but also in another organization (for another entrepreneur or an individual who is not an entrepreneur).
When combining professions (positions), work is carried out “during the established duration of the working day (shift)” and always at the same employer (Article 60.2 of the Labor Code of the Russian Federation).
Now that the main differences between combining and combining are determined, you can proceed to the details.
Part-time job
So, there are several factors that determine the combination: the employee has the main place of work, performs labor functions ( job duties) in his free time from his main job, does it regularly and also regularly receives payment for part-time work. Labor relations with such an employee are established on the basis of an employment contract.
As follows from article 60.1 of the Labor Code of the Russian Federation, part-time employment can be external and internal.
External combination - This is the performance of regular paid work for another employer (meaning not at the place of the main job). Another employer can be an organization, an unincorporated entrepreneur, or an employer - individualwho is not an entrepreneur.
Internal combination - performing other regular paid work for the employer at the main place of work. That is, the employee has the right to conclude an employment contract at the main place of work indicating the position, profession, specialty as a part-time job.
Who cannot be part-time
Part-time work is prohibited for certain categories of citizens by the Labor Code. First, these are persons under the age of 18. And secondly, employees whose main work is associated with hard work, harmful and (or) dangerous working conditions. These employees cannot work part-time if it involves the same working conditions.
In addition, some restrictions on part-time work have been established for heads of organizations. So, according to article 276 of the Labor Code of the Russian Federation "the head of an organization can work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or a person (body) authorized by the owner".
In certain cases, the Labor Code refers the employer to other federal laws and regulations that restrict the combination of individual employees. This, in particular, federal laws on state and municipal unitary enterprises, bodies of the judicial community, advocacy and advocacy, justices of the peace. The list of such acts also includes decrees of the Government of the Russian Federation (for example, a decree regulating the procedure and conditions of service (work) concurrently in the system of the Ministry of Internal Affairs of Russia).
The prohibition on part-time employment is also contained in paragraph 3 of Article 97 of the Constitution of the Russian Federation. This norm stipulates that State Duma deputies work on a professional permanent basis and, in addition, can only engage in teaching, research or other creative activity... Working conditions in combination with teaching, medical, pharmaceutical workers and cultural workers are also special, regulated by the Labor Code, other laws and regulations. For example, the decrees of the Government of the Russian Federation of 04.04.2003 № 197 and the Ministry of Labor of Russia dated 30.06.2003 № 41 "On the specifics of part-time work of teaching, medical, pharmaceutical workers and cultural workers."
We conclude an employment contract with a part-time job and arrange it for work
The procedure for hiring an employee on a part-time basis is the same as when hiring him for the main job. An employment contract with a part-time job is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other with the employee's mark “I received the second copy of the employment contract” is kept by the employer.
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It is necessary to prescribe in the employment contract that the work will be performed on a part-time basis (paragraph 4 of article 282 of the Labor Code of the Russian Federation). For example, the relevant provision may look like this: "The employee is hired by the Employer on a part-time basis."
Typical employers' mistake: with an employee who is hired as a internal part-time , a new employment contract is not concluded. At the same time, the salary is calculated simultaneously for the main job and for the part-time job.
However, with such an employee it is necessary not only to conclude an employment contract, but also to fill out a personal card for him (form No. T-2), and also assign a personnel number. That is, in the time sheet, this employee will appear twice: as the main employee and as a part-time employee.
Scroll mandatory documents when hiring on a part-time basis is given in Article 283 of the Labor Code. It:
Passport or other identity document;
Diploma or other document on education, professional training in case the forthcoming work requires special knowledge (or duly certified copies of such documents);
Certificate of the nature and conditions of work at the main place of work, if the employee is hired for hard work, work with harmful and (or) dangerous working conditions.
However, the listed documents may not be required from an internal part-time worker, since copies of all required documents such an employee has already submitted.
Working hours
The legislation, as before, limits the maximum duration of the working hours of part-time workers, but does not specify the minimum duration.
“The duration of the working time for part-time work should not exceed four hours a day. On days when the employee is free from work duties at the main place of work, he can work part-time full-time (shift). During one month (another accounting period), the duration of working hours in part-time work should not exceed half of the monthly working time norm (working hours for another accounting period) established for the corresponding category of workers "(Article 284 of the Labor Code of the Russian Federation). For example, if the accounting period of working time is one week, the norm of working time is 40 hours, then the duration of the working time of a part-time worker cannot exceed 20 hours.
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note : Limitations on the duration of working hours for part-time work do not apply in two cases.
First case. At the main place of work, the employee suspended work due to the violation by the employer of the terms of payment of wages (part 2 of article 142 of the Labor Code of the Russian Federation).
Second case. The employee was suspended from his main job in accordance with a medical certificate, and it is impossible to transfer him to another job (parts 2 and 4 of article 73 of the Labor Code of the Russian Federation).
Considering that the mode of working hours and rest time (it is usually individual for part-time workers) is a prerequisite for inclusion in an employment contract, it must be prescribed in an employment contract. I advise you to do this in as much detail as possible. For example, the relevant provision can be formulated as follows:
"The employee is assigned a five-day work week duration 20 (twenty) hours: from Monday to Friday from 17.00 to 21.00.
The days off for the Employee are Saturday and Sunday. "
“The employee is assigned a 12-hour work week. The employee works on a sliding schedule: on Monday, Wednesday and Friday from 18.00 to 20.00, on Tuesday and Thursday from 17.00 to 20.00. The days off for the Employee are Saturday and Sunday. "
Salary
Part-time workers are paid “in proportion to the hours worked, depending on the output or on other terms determined by the employment contract. This is indicated in article 285 of the Labor Code of the Russian Federation.
When establishing standardized tasks for persons working part-time with time-based wages, labor remuneration is made according to the final results for the amount of work actually performed. " At the same time, part-time workers are obligatorily paid all the necessary regional coefficients and allowances, where they are established.
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As you can see, the legislation provides for several options for calculating wages. The most important thing when choosing a remuneration system for a part-time worker is compliance with the norms of Article 132 of the Labor Code of the Russian Federation. It states: "The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and is not limited to the maximum amount." In determining the size of wages, any discrimination is prohibited.
A few words about the minimum wage for part-time workers. In accordance with article 133 of the Labor Code of the Russian Federation, “the monthly wage of an employee who has worked for this period the standard of working time and fulfilled the labor standards (labor duties) cannot be lower minimum size wages ". But the remuneration of part-time workers can be calculated in proportion to the hours worked or in proportion to the output and, thus, be less than the minimum wage.
Vacation
The procedure for granting leave to part-time workers is clearly spelled out in article 286 of the Labor Code and differs significantly from the procedure for granting leave for main work. In particular, this article says that “to persons working part-time, annual paid leave is granted simultaneously with leave for the main job. If an employee has not worked for six months at a part-time job, then the leave is provided in advance. "
Thus, the norm established by Article 122 of the Labor Code of the Russian Federation, according to which "the right to use leave for the first year of work arises from the employee after six months of his continuous work with this employer", does not apply to part-time workers. An external part-time worker who wishes to receive another vacation Simultaneously with the leave at the main place of work, it is possible to recommend taking the corresponding certificate of the main place of work and presenting it to the employer who performs part-time work.
The duration of the vacation of part-time workers, as well as of main employees, cannot be less than 28 calendar days (Article 115 of the Labor Code of the Russian Federation). If the duration of the leave of the part-time worker at the main job is longer than at the part-time job, the employer is obliged, at the request of the part-time worker, to provide him with leave without pay for the corresponding duration. Calculation of the size of the average wage for the payment of vacations and the payment of compensation for unused vacations is made according to the general rules. This is stated in article 139 of the Labor Code.
What to do if a part-time employee leaves the job after using the vacation in advance? In this situation, the employer has the right, in accordance with Article 137 of the Labor Code of the Russian Federation, to withhold money from the employee's salary for unworked vacation days.
Guarantees and compensations
Employees working on a part-time basis, guarantees and compensations provided for by law, local regulations, agreements are provided in full. An exception is the list of guarantees and compensations "to persons combining work with training, working in the regions of the Far North and equivalent areas." In these cases, guarantees and compensations are provided to employees only at the main place of work (Article 287 of the Labor Code of the Russian Federation).
One more exception. According to the Labor Code, a part-time worker can be dismissed in connection with the liquidation of an organization or the termination of the activities of an individual entrepreneur (clause 1 of article 81), as well as in connection with a reduction in the number (staff) of employees of an organization, an individual entrepreneur (clause 2 of article 81). Such an employee is paid only severance pay in the amount of the average monthly earnings on the basis of Article 178 of the Labor Code of the Russian Federation. Since this employee is already employed at the main place of work, he does not retain the average monthly earnings for the period of employment.
Dismissal
An employment contract with a part-time employee in accordance with Article 288 of the Labor Code may be terminated by common grounds... Recall that they are provided for in Article 77 of the Labor Code of the Russian Federation. But Article 288 establishes additional grounds for terminating an employment contract: “an employment contract concluded for indefinite term with a person working part-time, may be terminated in the case of hiring an employee for whom this work will be the main one ”.
note : This is a contract concluded for an indefinite period. Therefore, a fixed-term employment contract cannot be terminated on this basis.
As follows from Article 288 of the Labor Code of the Russian Federation, an employer who terminates an employment contract concluded for an indefinite period is obliged to notify the part-time worker about this in writing. Moreover, this must be done at least two weeks before the specified event.
In all cases, the employee's last day of employment is the day of dismissal. On this day, the employer is obliged to make a full settlement with him.
And one moment. According to article 66 of the Labor Code of the Russian Federation "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."
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LLC "Kaskad" represented by general director Vlasov Anatoly Evgenievich, acting on the basis of the Charter, hereinafter referred to as the Employer, and the citizen of the Russian Federation Limonova Maria Grigorievna, hereinafter referred to as the Employee, concluded supplementary agreement about the following: "The employee is entrusted in the order of combining positions with the duties of an office manager with an additional payment for combining positions in the amount of 5,000 rubles per month." 2. This supplementary agreement is integral part labor contract and comes into force on October 10, 2006. Addresses and signatures of the parties ... |
Combining professions (positions)
When combining professions (positions), it is assumed that the employee, along with the work stipulated by the employment contract, performs additional work in another or the same profession (position) for additional payment (Article 60.2 of the Labor Code of the Russian Federation). Let's figure out the nuances.
Under combining professions means the performance by the employee, along with the work specified in the employment contract, additional work in another profession. Combining positions is the performance of additional work by an employee in another position. The concept of "combination of professions" is applied to workers, and the concept of "combination of positions" - in relation to employees and specialists.
The combination also includes expanding service areas, increasing the volume of work ... In this case, the employee, along with the work specified in the employment contract, performs an additional amount of work in the same profession or position.
And finally, another type of combination is the performance of the duties of a temporarily absent employee without being released from work specified by the employment contract. In such a situation, the employee replaces another employee who is absent due to illness, vacation, business trip (or for other reasons) and for whom, in accordance with the current legislation, a job (position) is retained.
The period during which the employee will perform additional work is established by the employer with the written consent of the employee. This is stated in article 60.2 of the Labor Code of the Russian Federation. The amount of payment for combination is established by agreement of the parties to the employment contract, taking into account the content and (or) the amount of additional work. This is indicated in Articles 60.2 and 151 of the Labor Code of the Russian Federation.
All types of combination of professions (positions) can be assigned only with the written consent of the employee. The combination is made out as follows. Due to the fact that the conditions for “labor function (work according to the position in accordance with staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee) "are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation), with an employee combining professions (positions), it is necessary to conclude an additional agreement to the employment contract.
On the basis of the concluded additional agreement, it is necessary to issue an order on combining positions, for example, with the following text:
“Maria Grigorievna Limonova, secretary-assistant, should be instructed in the order of combining positions to fulfill the duties of an office manager from October 10, 2006 with an additional payment for combining positions in the amount of 5,000 rubles a month."
note : when registering a combination, it is not required to conclude a new employment contract, as well as to make entries in the work book.
The employee has the right to early refuse to perform additional work, and the employer - to early cancel the order to perform it, notifying the other party about this in writing no later than three working days (Article 60.2 of the Labor Code of the Russian Federation). In this case, an additional agreement to the employment contract is also concluded, and on its basis an order is issued to cancel the combination.
- Labor law
A part-time job is understood as the performance by an employee of regular paid work in his free time from the main job. In this case, a separate employment contract is concluded, which must indicate that the employee is accepted as a part-time worker. An employee can have as many such contracts as desired; the Labor Code of the Russian Federation does not limit the number of jobs for part-time workers (Article 282 of the Labor Code of the Russian Federation).
Limitations related to part-time work
Employees of some categories cannot be hired part-time. For example, minors cannot work on a part-time basis. In addition, if the nature of the main job and part-time work are the same, then in some cases, part-time jobs are also prohibited. So, an employee cannot work part-time:
- at work with harmful or hazardous working conditions, if he performs his main work in the same conditions (Article 282 of the Labor Code of the Russian Federation);
- driver, if his main job is also related to driving vehicles (Article 329 of the Labor Code of the Russian Federation).
At the same time, the legislation may provide for other restrictions concerning part-time work. For example, employees of private security organizations cannot work in the civil service (Article 12 of the RF Law of 11.03.1992 N 2487-1). And for pedagogical and medical workers, the maximum duration of part-time work per month has been established (paragraph 1 of the Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41).
Registration of a part-time job
For employment, the future part-time worker must provide the employer with a passport (or other identity document), as well as a pension insurance certificate. You do not need to demand a work book from him. It must be kept by his "main" employer, and the latter, at the request of the employee, can enter into it information about part-time work.
If a part-time worker applies for a position that requires special knowledge, then he will also have to provide a document on education or qualifications (Article 283 of the Labor Code of the Russian Federation). In addition, depending on the specifics of the work, you may need:
- a certificate from the employee's main place of work stating that he does not work there in harmful or dangerous working conditions / does not work as a driver;
- a document confirming the passage of a medical examination;
- certificate of no criminal record, etc.
Employment contract with a part-time job
An employment contract with a part-time job must be concluded within the generally established period. In other words, no later than 3 working days starting from the day when he started performing his duties (Article 67 of the Labor Code of the Russian Federation).
In the contract, it is necessary to indicate the duration of the part-time worker's working hours By general rule it can work no more than 4 hours a day. But in those days when he did not work at his main place of work, he can work full time / shift as a part-time worker. As a result, the duration of the working time of a part-time worker per month should be no more than half of the monthly norm of working time established for the corresponding category of workers