How to properly register an employee when combining positions?

Part-time work involves performing other paid and at the same time regular work under the conditions stipulated by the employment contract, in free time from the main job. According to the law, an employee is given the right to enter into employment contracts for part-time work with the same employer for whom the main job is performed, in other words - internal part-time work, or with another - that is, external part-time work.

Types of Labor Code

The Labor Code provides for 2 types:

1. Internal can be carried out by an employee at the employer’s place of main work. In this situation, in addition to the previously drawn up working agreement on the main work, it is necessary to conclude an activity contract.

In fact, this type is practical for both the employer and the employee directly. The first delegates activities to the most qualified employee who can ensure the fulfillment of the goals set for the institution, and the employee can increase the degree of his own income and more fully implement his own skills.

2. External involves the employee performing work tasks in another institution. That is, an external part-time worker is an employee who works for another employer in a specific specialization, rank, or skill under a second working agreement during a period free from the main activity.

Please note that the number of “additional” employers with whom an employee can sign a work contract for activities is not legally limited.

Part-time ratio

Due to the fact that there are no restrictions on the number of part-time jobs per person, and the list of persons who do not have the right to work part-time is quite small, in a number of enterprises, for example, in medical institutions, the staff is often staffed with part-time workers. In this connection, there is a need to calculate the part-time ratio in order to assess how staffed the company is. If most of the positions are occupied by part-time workers, it means that the organization is experiencing a shortage of employees and the existing staff are heavily overloaded with work. In addition, there is a need to assess whether workers have the necessary skills and knowledge for the job. This coefficient is calculated using the formula: the number of occupied positions must be divided by the physical number of employees in the enterprise.

To summarize, I would like to note that in the context of the ongoing economic crisis in the country, an increasing number of people need additional income. In addition, we can note the desire of young people to receive education in several areas and the constant development of their knowledge and abilities. Part-time work in this case is the best way, on the one hand, to receive additional income, and on the other, to gain new practical experience while maintaining your main job. In this regard, it is very important to know all the features of work and prepare the necessary documents when deciding to take a part-time job.

Who has the right to be a part-time worker?

In most situations, the activity does not require specialized permission from the employer at the main place of work. The employee has the right to implement his own desire to act in this way.

But current labor legislation includes certain limits relating to employment in this manner. So, according to Art. 282 and 329 of the Labor Code of the Russian Federation do not allow activities in this way for the following groups of persons:

• under 18 years of age (in all types of activities);
• persons working in difficult types of work, with unsafe working conditions (when their main activity is associated with similar conditions);
• employees whose work is directly related to transport management or transport movement management - activities directly related to the management of special equipment or the movement of transport resources;
• in other situations regulated by federal laws.

Limits on activities as part-time workers are still established for persons holding specific positions:

• Deputies of the State Duma of Russia do not have the right to be in the civil service and at the same time carry out other work, in addition to educational and other creative work.
• heads of legal entities can act in this way for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the institution or a person (body) authorized by the owner, and so on.

Certificate from main place of work

This document is a very important and mandatory point.

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

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

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

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

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

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

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

Necessary papers

The Labor Code of the Russian Federation regulates a clear list of documents given by the applicant when applying for a job as follows:

• identification paper;
• when accepting a difficult activity or activity with unsafe working conditions - a certificate from the main place of activity about the characteristics of the activity;
• when hiring a job that requires special skills. knowledge, - a diploma or other document about training or prof. preparation.

This list does not indicate the insurance certificate of state pension insurance, but it is also a necessary document when drawing up a work agreement, since payment for a part-time worker of the necessary contributions to the Pension Fund of the Russian Federation requires the employer to know the SNILS of the part-time worker.

Note! When hired in this way, the employee is not required to provide his own work book, since the employer has one at his main place of business. Therefore, employers do not fill out work books for persons who work for them on a part-time basis.

At the request of the employee at the place of his main work, records of activities can be entered into the work book in this way. Data is entered on the basis of paper regulating activities in this way. These may be copies of orders on employment in this manner, on transfers, on dismissal, or the necessary certificates.

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

Part-time work is the simultaneous performance of labor functions in two (and possibly more) jobs, one of which is the main one.
Activities at other jobs are performed exclusively during those periods of time that are not filled with the performance of primary job duties. Part-time work must be officially formalized in accordance with the following articles of legislation: Art. 282, art. 283, art. 65 Labor Code of the Russian Federation. The hiring process is unified, but the application procedure is slightly different.

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

For example, the following cannot work part-time:

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

Activities and fees. Working time

The standard working time for persons operating in this way is determined by agreement of the parties and is approved directly in the work agreement. The working time schedule is also determined by agreement between the employee and the employer and approved by a working agreement (can be formalized as an activity plan).

The daily limit on the duration of working time when operating in this way cannot be more than 4 hours, every week - 20 hours, with a standard working time of 40 hours per week. That is, the duration of activity cannot be more than half the standard working time regulated for the required group of employees.

A full working day (without limitation to several hours of working time) can be established for part-time workers on their days off at the place of main work (Article 284 of the Russian Labor Code), during any vacations and in other situations when the employee at the main place is free from performing work duties. But at the same time, the monthly norm of working time for a part-time worker cannot be more than half of the norm regulated for the required group of employees.

In accordance with Part 2 of Article 284 of the Labor Code of the Russian Federation, these limits on the duration of a part-time worker’s working time may not be met when:

• at the main place of business, the employee stopped activities due to withholding payment of his salary (part 2 of article 142 of the Labor Code of the Russian Federation);
• the employee is suspended from work for health reasons (in accordance with a medical report) with the retention of his position in situations covered by parts 2 and 4 of Article 73 of the Labor Code of the Russian Federation.

Information about labor time worked in this way is displayed in the labor time sheet. When performing work duties on an internal part-time basis, the period worked by the employee is displayed in the time sheet specifically for the main position and thus, the employee can be given 2 personnel numbers.

Form of employment contract for part-time work

The structure of a part-time contract is traditional. The contract includes an introductory part and sections: the subject of the contract, the rights and obligations of each party, working hours and rest, social insurance, working conditions, remuneration, responsibility of each party, termination of the contract, details of the parties, final provisions and signatures of the parties. The contract must include a number of conditions, in particular:

• part-time condition,

The inclusion of this condition is required by Article 282 of the Labor Code.

• condition on the duration of the contract,

The contract is concluded both for a certain period and for an indefinite period. The Labor Code establishes that a fixed-term contract is concluded only with the agreement of both parties. The maximum contract term is 5 years. It is also required to indicate the reason for concluding a fixed-term contract.

• condition on working hours and rest,

In this case, it is necessary to keep in mind that labor legislation provides for a maximum period of part-time work, namely 4 working hours a day. The only exceptions here are those days when the employee does not perform work for the main employer. But it is important to remember that restrictions do not apply if the employee does not work at his main place of work due to a delay in payment of wages for more than 15 days or if the employee is suspended from work due to refusal of a temporary transfer to another job due to lack of relevant work, or in accordance with medical reports.

When considering the features of part-time work, it is important to pay attention to the differences and the procedure for granting vacations. Annual leave for part-time workers is provided simultaneously with leave at the main place of work. If the part-time employee has not yet worked for 6 months, leave can be received in advance in any case. If the duration of leave at the main place of work is longer, the employee has the right to take leave without saving earnings for the corresponding necessary days at the second job.

• terms of remuneration,

The peculiarity of remuneration is that the method is determined by agreement of the parties. In accordance with labor legislation, payment is calculated in proportion to the time worked, taking into account production, or on any other terms accepted by the contract. If an employee works part-time in areas where regional coefficients and bonuses are approved, they are accepted for calculation.

• condition on guarantees and compensation,

It is established by law that persons who work part-time are provided with all guarantees and compensation in full. The exceptions in this case are those compensations and guarantees that are provided to employees combining work with education and employees working in the Far North.

• condition for termination of the employment contract,

The contract is terminated on the grounds established by the Labor Code and other federal laws. These include: expiration of its validity period, by agreement of the parties, on the initiative of one party, etc. But Article 288 of the Labor Code establishes additional grounds, in particular: if the contract was concluded for an indefinite period, it can be terminated if the employer accepts a new employee to the main place of work, which for a working employee is a part-time job. In this case, the employer is obliged to notify the person being dismissed 2 weeks in advance. Fixed-term contracts cannot be terminated in this way.

All general rules established by the Labor Code apply to the form of a part-time employment contract. The written form of any contract is a mandatory condition for its conclusion. The agreement is drawn up in two copies and signed by both parties. The hiring of an employee is formalized by a decree (order) of the employer, which is issued on the basis of a signed agreement. In the case of external part-time work, before signing the contract, the employer is obliged to familiarize the future employee with internal regulations that are directly related to the work he performs. Data on part-time work and its termination can be entered in the work book if the employee wishes. The entry is made at the place of main work on the basis of a document that confirms part-time work (order, certificate, employment contract).

Activity fee

The Russian Labor Code standards do not regulate any specifics of payment for the activities of part-time workers. With a time-based system of payment for activities, wages are calculated according to the working period. In case of piecework payment - depending on output or on the terms regulated by the work agreement.

When persons operating in this way with hourly payment for activities are given ordered tasks (for example, standards for the area to be cleaned for a cleaner), then payment for the work is carried out based on the volume of work completed, regardless of what period of time was spent on completing the task.

By acting in this way, the employee, like the main personnel, can receive various additional payments and allowances that are established by the Labor Code, local legal acts of the employer, and collective agreement.

By the way. Article 133 of the Labor Code of the Russian Federation will require that the monthly salary of an employee who has fully worked out the standard working period must be no less than the minimum wage. But, since activities in this way are in fact activities on a part-time basis, the monthly salary may be less.

The salary of a part-time employee, like any other employee, must be paid at least once every half month (Part 6 of Article 136 of the Labor Code of the Russian Federation).

Employers also need to be aware that part-time workers can receive partial disability and maternity benefits if they have acted in this way for similar employers during the past two calendar years.

To pay for benefits for internal part-time work, the employee gives one certificate of incapacity for work. In case of external part-time work, a special certificate of incapacity for work is given for each place of activity (for the place of activity on a part-time basis - with the note “external part-time job” and the details of the main sheet of incapacity for work).

Part-timer's leave

Persons working part-time have the same guarantees as main employees: the right to vacation and paid sick leave. Vacation is issued in the same way as regular vacations, but you must remember that it must be issued at the same time as at your main job (Article 286 of the Labor Code of the Russian Federation). The part-time employee must notify the second employer of the upcoming leave at the main place of employment. In this case, the second employer is obliged to provide him with leave, regardless of the length of service in the company.

Both annual and additional leave at the place of external part-time work must be provided to the employee at the same time as rest periods at the main place of work. If the vacation at the main place of work turns out to be longer than the duration of rest for employees at the part-time place, the employee is allowed to “play out” the extra days without saving pay.

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Vacation when operating in this way

In accordance with Art. 286 of the Labor Code of the Russian Federation, permanent paid leave from work is thus given at the same time as leave from the main job.

The Labor Code of the Russian Federation stipulates that if an employee has not worked for 6 months while operating in this manner, then leave can be given to him in advance.

Payment for vacation or subsidy for vacation not taken off by part-time employees is carried out in accordance with the usual requirements.

In this category you can find materials about part-time work for the year.

Hiring external part-time workers: registration

As a rule, when we talk about part-time work, we mean working in another organization in the time free from main responsibilities. But part-time work can also be internal. This is the name given to working for the same employer for two types of employment - primary and additional. In this case, two employment contracts must be drawn up for each type of activity.

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.

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

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

Additional documents are:

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

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

List of basic operations when submitting documents:

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

Design rules:

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

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

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

List of documents for external part-time worker:

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

The registration process for such an employee:

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

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

The functioning provisions of the Labor Code of the Russian Federation certify that part-time work is work under an autonomous labor agreement in time free from regular work (Article 282 of the Labor Code of the Russian Federation). In a situation where a part-time worker leaves his first job and is not averse to the part-time job becoming a permanent job, the design has some nuances.

In this regard, the explanations of Rostrud (letter No. 4299-6-1, dated October 22, 2007) seem interesting. It is noted that part-time work does not automatically transform into the main type of activity. The procedure for registering a part-time worker as a permanent employee includes the following sequential steps:

1. Making the necessary changes to the part-time worker’s employment agreement. In detail: the new nature of the activity (main), the changed working conditions (if this took place) are prescribed.
2. Entering data into the work book.

All entries in the employment record are made after the wording of dismissal from the main workplace. Depending on the situation under consideration, the order of registration may vary:

1. Information about part-time work was not included in the labor record.

First, the full name of the organization is entered as a title. Column “3” records the wording of employment from the initial date of employment with this employer. At the same time, the period of work as a part-time worker is marked.

1. Information about part-time work was recorded in the labor record.

Following the indication of the name of the organization, the date from which part-time work in a certain position became the main job is written down.

It is self-evident that in the situation under consideration, no documents other than a work book will be needed.

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The letter was endorsed by the head of the Legal Department, I. I. Shklovets.

Example 1. Application from an external part-time worker

Veta Mstislavovna Krasovskaya is getting a part-time job at Erudit LLC from 02/28/2019. For this purpose, she writes an application addressed to the director of the company (employer) N. V. Russiyanov. The application is dated 02.26.2019 and signed by the applicant V. M. Krasovskaya.

Example of an application for external part-time employment

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Labor relations with employers, according to labor law, are always formalized by concluding an agreement or contract. This requirement also applies to external part-time work. Usually, 2 copies of the agreement (fixed-term or unlimited) are drawn up - for the employee and for storage in the company archive. An order for hiring a part-time worker is drawn up using standard form No. T-1. The part-time worker has the right to receive a copy of the order within 3 days.

Before the employment contract is signed, the manager must accept from the applicant the basic documents required in cases of employment:

• passport or other document proving the identity of the candidate for the position;
• diploma, certificate or other document indicating the presence of the necessary education;
• insurance certificate of compulsory pension insurance;
• TIN (if available and the employee wishes to present a certificate).

If an employee tries to get a part-time job in a position that involves working in harmful or dangerous production, the new employer is obliged to request from the applicant a certificate of working conditions from the employer at the main place of employment. This legal requirement is due to the fact that combining, internal or external, positions with harmful/dangerous production conditions is not allowed.

The employment agreement must include the fact that this work is carried out on an external part-time basis. Also, the provisions of the contract should regulate the duration of the work shift, the time at which the employee must start and finish work. The Labor Code prohibits setting working hours for more than 4 hours a day or half of the standard working time approved for this category of workers.

List of documents for part-time work

To apply for a new job, you must present a number of mandatory documents, the list of which is established in Article 65 of the Labor Code of the Russian Federation.

In most cases, such documents are:

• passport; or another document proving the identity of a citizen, if a passport is missing for some valid reason;
• employment history;
• insurance certificate of state pension insurance (SNILS);
• military ID or registration certificate;
• certificate of education;
• criminal record certificate;
• medical certificate in form 086/у;
• registration at the place of temporary residence for nonresident citizens;
• other documents.

An organization, based on specific circumstances, may not require all the documents from the list above. For example, they have the right to ask for a certificate of no criminal record only if, according to the laws of the Russian Federation, persons with a criminal record do not have the right to work in a given organization. However, the list is quite broad. And it can be even greater if the HR department asks the person being hired to, for example, write a job application, photographs for a personal file, a certificate of income, a reference, and so on.

The list of documents for applying for a part-time job can be much shorter. Usually in this case you will need only two documents:

• passport or other identity card replacing it;
• certificate of education or qualifications.

Naturally, depending on the specific circumstances, other documents may be asked for. For example, if part-time work is characterized by harmful or dangerous conditions, then a certificate will be required stating that there are no working conditions harmful to health at the main job. Otherwise, the employer does not have the right to employ such an applicant.

They may require an extract from the work record book and TIN. The list of documents will become even shorter if we are talking about internal part-time work, since in this case all the documents for the employee are already available in the organization.

Important points

For the employer

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