What the law says
The work form contains all the information about all official places of work of a citizen and is an important document when calculating work experience. According to the Labor Code of the Russian Federation, if an individual has another place of work, in addition to the main one, this information does not need to be included in the employment record. But in practice you can encounter several situations:
- A citizen takes a part-time job at his main job (internal part-time job), where he can be entered into his employment record without any problems. In this case, you do not need to submit any additional documents; everything you need is in the HR department.
The citizen expressed a desire to find a part-time job in a third-party company (external part-time job). There may be problems with recording here, since the boss at the first job may be against it.
The legislation does not regulate specific rules for drawing up a written statement regarding the entry of an external part-time job. In other words, the employee can express his desire both in writing and orally.
But many lawyers, based on practice, still advise correctly drafting a written request to make an entry in the employment form about a second job.
Below is a sample entry in a work book about part-time work.
Erroneous actions of the employer when registering an external part-time worker
Outlining the error | Edit |
When hiring a part-time worker, the construction company's employer demanded from him registration documents confirming the ownership of housing. The employer justified the requirement by the need to confirm the employee’s registration | The documents required by the employer are not provided for by the Labor Code of the Russian Federation. They do not play any significant role in employment. Therefore, a citizen is not required to present them when applying for a job. In addition, they are not among the additional documents that a future employee has the right to attach at his own request. Please note that the lack of official registration cannot serve as a refusal to work. A passport is sufficient to confirm registration |
Time limits
If an employee of an organization intends to work part-time, he needs to know that Russian legislation provides for temporary restrictions on additional official earnings. It turns out that the Labor Code of the Russian Federation does not limit the number of part-time jobs, but there is a time frame.
It turns out that according to the rules, a part-time worker can work no more than four hours a day, which is 16 hours a week. That is, in addition to the main job, a citizen can work for a specified amount of time (less is possible, but more is not). Based on this, the maximum number of part-time jobs cannot exceed two.
It turns out that filling out a work book when working part-time is not so important; compliance with the temporary regime is considered more important.
Part-time rights
Regardless of what position a person works in, and whether it is a part-time job or a main job, the employee’s rights should not be violated. Therefore, the employee retains privileges at each job. These include a full social package, as well as the right to:
- for lunch break;
- sick leave payment;
- annual leave;
- free education;
- benefits.
In other words, a second job should be perceived in terms of human rights in the same way as a first job. The exception is unofficial work. An employment contract is not concluded here and, accordingly, no entries are made on the employment form.
A sample entry in a part-time work book for official employment is presented below.
Help for part-time workers from their main place of work
However, an employer who hires a part-time employee who works after finishing the working day at his main job must be prepared for the employee to be late or not hire him at all. It's no secret that workers are forced to stay late for overtime. Please note: Labor legislation does not contain exceptions for part-time workers regarding time for meals and rest.
Therefore, this must be stipulated in the contract with the part-time worker. Such a break cannot be less than 30 minutes. Part-time workers also have the right to leave. It is provided to such employees during the period of their annual leave (both main and additional) for their main job. When this leave contains a greater number of days than leave for combined work, then such an employee must be provided with days without maintaining wages.
Why record
If the law allows you not to make records about additional official work, why do many employees insist on entering information about part-time work?
Firstly, everyone knows that any record is work experience, and its presence affects the calculation of pensions in the future. Secondly, an additional record of the work performed can greatly help with future employment. A record of part-time employment will be direct evidence of the employee’s professional competence.
There are situations when the management of an organization is categorically against extraneous entries in the work record, so the employee will have to defend his desire to make the appropriate note.
Decor
Before making entries in the employment record about part-time work, you need to properly hire such an employee. The registration procedure is not much different from the usual one. The process for registering a part-time worker is as follows:
- Conducting an interview.
- The applicant writes an application for combined admission.
- Presentation of regulatory documents to the applicant for review.
- Drawing up and signing an employment agreement (the main difference here from a regular contract is that it must be indicated that the employee will work part-time).
- Issuance of an order for admission to a combined position.
- Filling out the work record (a sample entry in the part-time work book can be presented to the employee before filling out the form).
- Registration of an employee’s personal file.
An employer may require a new employee to provide a certificate of first place of employment, which is the basis for accepting the employee as a part-time worker. Otherwise, the manager has the right to refuse employment.
After the certificate is submitted, we can talk about filling out a work book when working part-time. We will consider the features of its filling below.
Making entries about part-time work is no different from filling out a labor report for your main place of work. All columns must be filled in indicating the serial number of the record, the date of hire, indicating the full name of the employee’s position and information about the document on the basis of which the employee received a part-time job.
There is a significant difference when filling out the document only in the types of part-time jobs. With internal combination, the organization that hires the employee for the position is not indicated, but with external combination, it is indicated.
Before making an entry for a second position, an employee can look at a sample entry in a part-time work book, which must be submitted by an employee of the personnel department or any authorized person.
External part-time job
External part-time work refers to official employment with another employer. The employment agreement must contain, in addition to the main points, additional ones. They contain information about the fact of part-time employment and the timing of the performance of duties.
As for working out time, as mentioned earlier, an employee should not work additional work for more than four hours. But these standards apply to civil servants, but as for private organizations, there are no strict standards, although overtime is not encouraged. A citizen must work no more than 40 hours a week.
Also, part-time work should not take more time than your main job.
How should the job be paid? The employer himself sets the payment. It can be based on hourly wages, the amount of work performed, general indicators, etc., or it can set a full rate that is determined for a specific position. Any of the listed facts must be reflected in the employment agreement.
Whether to make an entry in the work book about external part-time work or not is a personal matter for the citizen. If the employer at the main place does not object, then the employee can submit all the information from the second job for registration.
Teaching activities and part-time work
Teaching staff, like other working citizens, have the right to receive additional part-time work. For this category of citizens there are no restrictions in searching for additional sources of income. If a teacher has free time and the physical opportunity for additional work, he can receive part-time status.
But at the same time, it should be taken into account that teaching activity has its own characteristic nuances, which must be taken into account when hiring an employee for an additional part-time job.
Salary
Teaching staff working part-time have the rights to all social guarantees and additional payments required by law and established by local documents.
Payment for work activities for them is carried out in proportion to the time worked. However, this rule is not mandatory for all educational institutions. Local documents (collective agreement) may establish a fixed additional payment or another payment method. For example, money is accrued not for time worked, but for the established and completed amount of work.
Thus, a teacher or educator who has several jobs will receive wages for each of them. Also, the total monthly amount will include an additional payment for one-time activities or work that is not considered part-time. For example, for teaching a class.
After which the salary accrued for this position will increase. We are talking about certification for the second, first and highest categories.
Nuances of granting leave
Rest at an additional workplace for part-time workers is provided simultaneously with the vacation period issued at the main place of work. We are talking about the annual vacation period.
If a part-time worker has worked for less than six months, he still has the right to receive vacation days. They are provided in advance.
If the vacation period at an additional workplace is shorter than the main vacation, the employer is obliged to additionally arrange days without pay (at his own expense). This will make both vacations equal in duration. But at the same time, you cannot increase the vacation period at your main workplace!
The duration of annual paid leave is largely determined by the type of activity of the teacher:
- Speech therapists, teachers and methodologists employed in preschool institutions receive 42 days of rest.
- The same categories of workers who work with children with disabilities or other health restrictions can take 56 days of rest.
- Teachers employed in junior high and secondary educational institutions rest for 56 days.
- Teachers of universities and special educational institutions, as well as deans and professors can apply for a 56-day vacation period.
At the same time, to calculate vacation pay, wages for all jobs occupied by a specific employee are taken into account.
The duration of vacations is established in accordance with the government decree adopted in November 2002 under number 813, as well as with the Resolution of the Ministry of Labor issued in June 2003.
Internal part-time job
Internal part-time work involves an additional position with the same employer where the main work is carried out. There is no need to present additional documents; it is enough to express a desire to work in one more position (if there is one in the company’s open vacancies).
Let's look at filling out work books with examples. Part-time internal and part-time external jobs will differ only in the form of entry; otherwise, filling out the form is standard for any type of employment.
From part-time worker to employee
It also happens that a part-time worker leaves his main job and wants to join the staff for a second job. In this case, an additional agreement on changes in working conditions is drawn up. The document contains the following information:
- working hours;
- changes in wages;
- job responsibilities.
At the main place of work, a citizen must resign of his own free will, which is recorded in the employment record. And at the place where the part-time job was registered up to this point, sign an additional agreement on employment on a permanent basis. A corresponding entry is also made in the labor report.
The form of entry in the work book when transferring a part-time worker to work on a permanent basis is presented above.
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The State Duma approved the preservation of tax benefits for pensioners
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Legal basis
The work book contains information about the official places of work of the employee and is an important document.
Based on the Labor Code (Article 66), it is not necessary to enter information that a person has been accepted into another organization.
Labor Code of the Russian Federation
In practice, two situations occur:
- a person gets a job as a part-time worker at his main place of work (internal part-time job) - they make an entry in his book without any problems, and no additional documents are needed, because the organization already has the necessary data;
- the employee plans to earn money at the same time in another company (external part-time job) - there may be difficulties in recording (objection from the main employer), in addition, you need to collect certain documents.
There is a nuance: the legislation of the Russian Federation does not regulate whether an employee is obliged to express his initiative to make an entry in the work book in writing or whether it is enough to say his wish in words.
Lawyers recommend drawing up a statement indicating the corresponding request to your management.
An example of such a statement:
Sample application from an employee to make a part-time entry
Do I need a certificate from my main place of work?
That is, a fixed-term employment contract is drawn up for the period of the employee’s maternity leave, according to Art. 58 Labor Code of the Russian Federation. In other cases, the execution of a fixed-term contract at the initiative of the employer is considered a violation, despite the fact that this type of relationship with an external part-time worker looks much more convenient in legal terms. To draw up an agreement for a period of 1 year, compliance with the legislation established by paragraph. 11, part 2, art. 59 Labor Code of the Russian Federation. In this case, the employee’s consent is required, expressed officially - by a written statement. The company administration cannot refuse to hire an employee if he refuses to indicate in the application the fixed-term nature of the contract.
General rules for making entries when applying for a job
When carrying out additional work activities, the employee must provide a certificate for the main job, which is the basis for recording a part-time job.
Contents of the document:
- Name of the organization;
- position held;
- date of employment;
- Company details.
Management will provide a duplicate of the order for employment on a part-time basis, which is certified in accordance with the Labor Code of the Russian Federation (the inscription “Copy is correct” is made, a stamp is placed, the full name and signature of a specialist from the HR department).
Part-time work is divided into two categories, each of which has its own rules for registration in the work book.
Internal part-time job
The employee submits an application to a personnel specialist or manager (an example of the document was shown above).
Entry in the work book is carried out according to the same principle as entering information about the main work activity.
First of all, column No. 3 is filled in, which should be given special attention; it contains:
- name of the organization (full and abbreviated);
- registration for additional work;
- job title;
- a note indicating that the person works part-time.
Then, enter the record number in column No. 1, and the date of employment in No. 2. Column No. 4 must contain information about the order requiring enrollment.
When the work book is filled out, the manager is obliged to note in the employment contract that the person is a part-time worker only in his free time from his main job.
Example entry:
Sample entry for internal part-time work
External part-time job
To register, the employee must present:
- a certificate stating that he works in another organization; it must be certified by a seal and signature;
- part-time worker's employment contract.
The columns are filled out according to rules similar to the registration of internal part-time work.
Help example:
Sample certificate for part-time worker
The certificate, made in a separate form, must be kept in the work book and, if necessary, presented to the personnel department specialists.
Sample entry in a part-time work book:
Registration for external part-time work
A part-time worker becomes a full-time employee: is automatic conversion possible?
There are situations when a part-time worker quits his main job and wants to become a full-time employee. A controversial question arises: is automatic conversion possible?
Experts believe that this is out of the question for two reasons:
- an external part-time worker is not obliged to inform anyone about leaving his main place of income;
- changing the terms of the contract is possible only by mutual agreement of the parties.
HR department specialists must re-register through an additional agreement on changing working conditions (attached to the employment contract).
The document must contain the following information:
- operating mode;
- changes in wages;
- responsibilities, etc.
To register a work book, it is necessary to terminate the part-time employment contract and enter into a new one as the main place of work.
Only in this case there will be no contradictions with the legislation of the Russian Federation.
Filling option when transferring a part-time employee to a full-time employee:
Sample entry for transfer from part-time job
Examples
№ 1
Romanov I.V. works as an engineer (main activity). On 11/25/15 he got a part-time job in another position - mechanic. What documents should an employee prepare and what entries should HR specialists make in the work book?
Solution:
Example of an employee statement
The HR specialist must make the following entries in the work book:
No. Entry | date | Job details | Name, date and document number |
Open Joint Stock Company "Energoseti" (JSC "Energoseti") | |||
17 | 07.05.10 | Hired to the position of category 1 energy engineer | Order dated 05/07/2010 No. 3-k |
18 | 02.12.15 | Hired to work part-time at the Open Joint-Stock Company (OJSC Zodiac) as a mechanic. | Order of OJSC "Zodiac" dated November 25, 2015 No. 12 |
№ 2
M.A. Vasilkovskaya’s main place of work is as an accountant for the individual entrepreneur T.E. Frolova, and is also a part-time employee at Universal-Service LLC. On 12/10/2015 she left the entrepreneur and on 12/14/2015 she became a permanent employee on the basis of an order. What notes should HR specialists make in this situation?
No. Entry | date | Job details | Name, date and document number |
Individual entrepreneur Timofey Eduardovich Frolov (IP Frolov T.E.) | |||
26 | 13.12.13 | Hired as an accountant | Order dated December 13, 2013 No. 4-k |
27 | 10.11.15 | Hired as a part-time employee at the Limited Liability Company "Universal-Service" (LLC "Universal-Service") as an accountant. | Order of Universal-Service LLC dated November 5, 2015 No. 32 |
28 | 10.12.15 | The employment contract was terminated at the initiative of the employee, paragraph 3 of part one of Article 77 of the Labor Code of the Russian Federation. Manager: Frolov T.E. | Order dated 12/09/15 No. 14-k |
Limited Liability Company "Avangard" (Universal-Service LLC) | |||
29 | 14.12.15 | Part-time work has been discontinued; he continues to work as a main employee. | Order No. 39-k dated December 14, 2015 |
Now you know how to make an entry in the work book for a person who is getting a part-time job.
Please check all information carefully to avoid any conflicts.
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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.
Basic documentation according to Art. 283 Labor Code of the Russian Federation | Characteristic |
Passport | Its presentation is mandatory. If not possible, then any other identification document. |
Education document | Options: · diploma; · certificate. Purpose: confirmation of skills and knowledge in the specialty.. If skills cannot be officially confirmed, then employment may be considered illegal. The work must correspond to the education document. |
Certificate from main place of work | It contains data on working conditions at the main place. Particularly relevant when working in a workplace with harmful environmental factors or in the presence of increased danger |
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.
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Do I need an entry in the work book for a part-time job?
If a person is hired for a part-time job, the employer is not required to make an entry in his work book. The initiative must come from the employee himself. This is stated in paragraph 3.1 of the Instructions for filling out work books, which was approved by Resolution of the Ministry of Labor of Russia dated October 10, 2003 No. 69. When there is a desire, an entry about part-time employment in the work book will be made by the personnel officer at the main place of work (Part 5 of Art. 66 Labor Code of the Russian Federation).
Features of making an entry in the work book for external part-time work
An entry about external part-time work in the work book is made on the basis of a document that confirms part-time work (letter of Rostrud dated November 30, 2009 No. 3528-6-1). This may be a copy of the employment order or a certificate in any form. The main thing is that this certificate contains the necessary information:
- name of the organization and structural unit,
- job title (profession, specialty),
- date of hiring and details of the employment order.
Sample certificate of part-time work for entry in the work book
A copy of the employment order must be properly certified. That is, there is the inscription “Correct” or “Copy is correct,” the employee’s position, date, personal signature and its transcript. If the company has not abandoned the seal, it would not be amiss to certify the document with the stamp of the organization or human resources department.
To make a part-time entry in the work book, the employee must write a free-form application. It may look like the image below.
Application from an external part-time worker with a request to make an entry in the work book
How to fill out a work book when applying for a part-time job
Filling out a part-time work book is carried out according to the general rules. If the employer at the main place of work has made a note in the book about the combination, he also makes a record of dismissal from this job. Let's take a closer look.
Notes on hiring an internal part-time worker
In the work book of an internal part-time worker, the HR department employee will put the serial number of the entry in column 1, and the date of hire in column 2.
In column 3, he will write “Hired part-time in _____ (department name – if available) for the position ________.” In column 4, enter the date and number of the job acceptance order. As a rule, this date precedes the day the entry was made in the part-time work book (sample below).
Sample entry in a work book for internal part-time work
Notes on hiring an external part-time worker
In the external part-time worker's book, in column 2 of the work book, the personnel officer will indicate the date of hire. In this case, the entries may not be in chronological order. There will be no mistake in this.
In column 3, the HR department employee will enter the name of the company, position and department, if available. For example, the wording may look like this: “Hired to work part-time at the Limited Liability Company “Gorizont” (LLC “Gorizont”) in the analytical department for the position of analyst.”
Column 1 will contain the serial number of the entry, and column 4 will contain the name, number and date of the document on the basis of which the entry was made. The details of such a document can be found in the certificate of part-time work or in a copy of the employment order.
Sample of filling out a work book for external part-time work
How is an employment contract with a part-time worker terminated?
Often, part-time workers become violators of discipline due to their dependence on their main job. In this case, the employer has the right to formalize disciplinary sanctions.
Reasons related to the main place of work should not affect the performance of part-time duties. In the event of systematic violations, the employer has the right to dismiss the part-time worker for disciplinary reasons.
The employer’s rights include the prerogative to dismiss a part-time worker if he hires a main employee in his place.
This circumstance can also be stated in the employment contract, in the clause on its termination. In other cases, a reference is simply given to the norms of Article 288 of the Labor Code of the Russian Federation. In this case, the employer is obliged to notify the employee 2 weeks before dismissal and issue a payment.
When staffing or the number of employees is reduced, priority for reduction is given to part-time workers. The employer is obliged to pay them benefits for 2 months, as well as to notify them 2 months before the layoff in an official form.
How to fill out a work book when leaving part-time
The employer must notify the part-time employee of the upcoming dismissal at least two weeks in advance (Article 288 of the Labor Code of the Russian Federation). The warning period is calculated from the next day.
The notice of dismissal must be signed by the general director or another person who has been given the authority to dismiss employees (decision of the Supreme Court of the Russian Federation of October 3, 2008 No. 89-B08-6).
- Important:
- The notice of dismissal of a part-time worker is drawn up in two copies. One is given to the employee, the second remains with the employer with a note that the employee has read it.
An entry about the dismissal of a part-time worker is made in the work book only if there are marks about his hiring. For an external part-time worker there is an additional condition - he must provide a copy of the dismissal order or a letter from the second employer with the obligatory indication of the date, order number and reason for dismissal.
The wording in column 5 depends on the reason for dismissal. For example, if an employee resigns on his own initiative, it is necessary to write down: “Dismissed from his part-time job at the Limited Liability Company “Horizon” (LLC “Horizon”) at his own request, paragraph 3 of Article 77 of the Labor Code of the Russian Federation.”
Sample entry in the work book about part-time dismissal
Dismissal of part-time workers
An additional basis for termination of an employment contract is the hiring of an employee for whom the part-time job will become the main one, this is stated in Art. 288 TK. In this case, the employer is obliged to warn the part-time worker in writing about his plans two weeks before the termination of the employment contract.
It is worth paying attention to the fact that the law does not allow early termination of an employment contract with part-time workers working under a fixed-term employment contract in connection with the hiring of another employee, that is, on the basis provided for in Art. 288 TK. In this case, dismissal of the employee is possible only on general grounds.
When dismissing a part-time employee, follow the following steps:
- Determine the basis for terminating the employment contract with a part-time worker, make sure you are not breaking the law.
- Provide the part-time employee with notice of dismissal at least two weeks before termination of the employment contract.
“In accordance with Art. 288 of the Labor Code of the Russian Federation, we warn you that the employment contract concluded with you on a part-time basis dated _________ (date and number) for an indefinite period will be terminated 2 (two) weeks from the moment you receive this notice in connection with the hiring of an employee for whom this work will be the main one.”
You will need to make two copies of the notice: for the employee and for yourself (on the employer’s copy, the part-time worker puts a mark of familiarization - date, full name and signature.
- Issue a dismissal order.
In the document, put the date and formulate the grounds for dismissal, indicating the details of the notice of termination of the employment contract.
On the last day of work of the part-time worker, familiarize his employee with the order for signature.
Enter information about dismissal into the employee’s personal card.
- Pay wages and required compensations, issue documents.
All payments must be made on the day of dismissal. If the person did not work on that day, then payments are made no later than the next day after the dismissed employee submits a request for payment.
- Send information about the dismissal of an employee subject to military registration to the military registration and enlistment office.
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The information is sent within two weeks - in the form specified in Appendix No. 9 to the Methodological Recommendations for maintaining military records in organizations approved by the General Staff of the Armed Forces of the Russian Federation.
It is important to have written confirmation of sending information to the military registration and enlistment office.
- Notify the bailiff and the collector, as well as the person receiving alimony, of the dismissal of the debtor employee.
The employer is obliged to immediately notify the bailiff about the dismissal of the employee from whose wages deductions were made under the writ of execution, and return this document to them.
Information about the dismissal of the alimony debtor is sent within three days to the bailiff and the alimony recipient.
In both the first and second cases, it is important to have written confirmation of sending messages to the bailiff.