Labor Code: part-time and part-time work


What is a part-time job? A short educational program.

If you don’t have enough money at your main job, then you can get another job and earn more. In personnel accounting, this is called “part-time work.” And here there are two possible options.

The first is that you additionally perform some other duties at your main place of work. That is, here we are talking about the so-called internal part-time job, since you work in the same company.

The second option is to get a job at another company. HR specialists call this part-time job external.

In both the first and second cases, you will not be physically able to fully perform all the duties in both positions, so in an additional place of work you need to get a part-time job , that is, you will work there much less than at your main place. The salary will also, of course, be less, but this is quite normal, because this is just additional work. This is a part-time job.

Now remember one thing well: we were talking about the actual work being done, and not at all about the peculiarities of personnel records at the enterprise. Do you remember? Then read on.

Actions to transition an employee to part-time work

An employee who copes with his direct job responsibilities in a shorter period than the regulated working hours, or one who for some reason needs hours freed from his main job, can apply for a half-time transfer. To carry out this procedure, he needs to submit an application to the manager with a request to change his work schedule to part-time, that is, part-time.

After the management of the enterprise makes a positive decision, the terms of the employment agreement change. A written agreement is concluded between the manager and the employee. Additional conditions to the employment agreement stipulate the new part-time work schedule established for the employee, that is, 0.5 rates, indicate the tariff rate or salary, as well as the length of the working week. Additional conditions to the employment agreement must be printed in 2 copies: one of them is given to the employee, the other remains with the manager.

Based on the signed additional conditions to the employment agreement, the management of the enterprise or organization issues an order on changes made to the staffing table. In the column “Number of staff units” the value 0.5 is entered, and in the column “Salary (tariff rate)” the value of the salary or tariff rate is entered, proportional to the time worked by the employee, that is, half of the tariff rate or salary.

Why do they hire part-time employees (legal option)

Let's now look at the situation from the employer's side. What does a part-time employee hire mean to him? To begin with, we will talk about a completely legal situation.

If a company hires a part-time employee, that is, part-time, then this can mean two things. Firstly, a company sometimes needs an additional employee, but it cannot fill him with 100% work. Is it worth hiring a person full-time if the employee spends half of that day doing nothing? This is where people who are willing to settle for half a day come to the rescue.

Secondly, it’s worth keeping in mind that this may be a temporary job. If the workload on employees in this position decreases, they will be fired. And this, it should be noted, is quite normal, both for the company and for the employee. This is not your main job , is it?

In general, I think everyone has realized that getting a part-time job is good extra money. Now let’s talk about how unscrupulous entrepreneurs can use the opportunity to work part-time provided for by the Labor Code.

What does the concept mean?

Before agreeing to a part-time position, it is recommended to study the specifics of the design and application of civil and labor legislation in relation to the employee being hired. It is necessary to study what it means to work part-time, and what social guarantees a person retains with such a design option.

There are some nuances to working part-time. What it is is determined from the meaning of the term “rate”, which implies full employment and workload according to the schedule at the enterprise with full wages according to the staffing table.

What is part-time is determined according to the Labor Code of the Russian Federation. In particular, Article 93 of the Labor Code of the Russian Federation, registration for a part-time schedule occurs in agreement with the employee or on his initiative at the time of hiring, or in the order of transition to a light schedule after full-time work.

In other words, in order to understand the principle of employment at ½ rate, you need to understand how work is paid in this mode. Since the contract provides for half-time employment of a person, his earnings are calculated in the same amount. As established by the Labor Code of the Russian Federation, the number of hours a person works per week does not affect his right to leave, registration of an entry in the work book, or crediting of length of service.

Part-time work can be done not only in the form of ½ rate. Alternative solutions include switching to remote work (outsourcing) or working from home.

How is it different from a shortened day?

The half rate does not affect the formation of a mandatory social package from the employer and the state, however, when applying, it is important to clarify how exactly part-time employment is reflected in the documents. Sometimes an employer dictates new conditions regarding the workload of an employee, transferring the enterprise or individual positions to a shorter working day. In contrast, working at 0.5 rate is purely voluntary.

There are also differences in other evaluation parameters:

  1. Payment for part-time work is calculated based on 50% of the salary according to the staffing table, and may be lower than the minimum wage. With a shortened working day, payment below 1 minimum wage is unacceptable.
  2. A shortened schedule is expected only for specific categories of employees, and ½-time work is mandatory only in certain exceptional cases (for example, part-time work), or by mutual agreement.
  3. Irregular hours and overtime are unacceptable at 0.5 rates, which cannot be said about a shortened day.

When is “part-time” a scam?

Everything written below does not apply to the search for additional work, where part-time work is quite legal, but to the main place of work itself.

Sometimes you may be offered a full-time job, but at the same time apply for a part-time job. This is usually explained very vaguely or not explained at all. Or they may even tell you that “this is how it is done here and everyone works this way.” If you don’t like it, go look for another job! Considering that you and I live in Russia, where one “financial crisis” smoothly turns into another, such an attitude towards employees has not surprised anyone for a long time.

For your information:

Of all the entrepreneurs with whom I personally have dealt in my life, ALL turned out to be scammers to one degree or another. Probably, another type of people in business does not last long.

Let's return to our sheep. Many people accept the terms offered to them because the alternative is to look for a new job. In big cities like St. Petersburg or Moscow there is a lot of choice, but in all others finding a job is a serious problem. Therefore, they agree to be treated in an obviously illegal manner.

In addition, you may not be informed about such a “feature” immediately, but, for example, a week after starting work in a new position. It seems that you are already accustomed to the new place, and the salary may be quite satisfactory. So we have to give up on such “little things.” If you think that registration under the Labor Code is everywhere from the first day, then obviously you do not live in Russia, but somewhere in St. Petersburg or Moscow. In Russia, you can work without registration at all.

Please note: in the case of such a DESIGN scheme, you will work as usual, that is, full time. You will also receive your salary as if you were working full time. But according to the documents, this will be a part-time job!

Most people will say that if the salary is full time, then there is nothing to worry about. This is wrong! To understand where you are being robbed, let's look at accounting.

Part-time employer risks

Employers should not abuse part-time pay. Regulatory authorities are monitoring this, and we are shocked how many there are

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