Is it possible for a municipal employee to work part-time, 79 f

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Published: 05/09/2017

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Difficult circumstances may prompt a civil servant to take up additional work.

But in order not to lose your job and the guarantees granted to civil servants, you should take into account a number of legislative nuances related to the performance of duties at two jobs.

Part-time work from the point of view of labor legislation
Restrictions
Types of part-time jobs
Registration procedure

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Is it possible for municipal employees to earn extra money?

Part-time duties are performed in free time from the main job. This is paid work. A citizen has the right to conclude an unlimited number of employment contracts if he has time, strength and competence to fulfill all obligations under all contracts. The Labor Code of the Russian Federation distinguishes two types of this work procedure:

internal - performing labor functions at two or more rates within one employer;
external - in third-party organizations.

The rule on whether a municipal employee can work part-time is found in paragraph 2 of Art. 11 Federal Law dated March 2, 2007 No. 25-FZ. If the employee is not the head of the local administration working under a contract, he has the right to work in several organizations. The conditions for this are:

availability of written notification to the employer - local government authority;
no conflict of interest.

Part-time work for civil servants: acceptable or not?

Themes:
Part-time job
Part-timers
Civil servants

Not every position held by a civil servant or municipal employee completely and completely satisfies them financially. In this regard, part-time work for a municipal employee, as well as for an employee of a government agency, is an issue that has been and remains relevant. Previously, we have already considered issues of legislative regulation for civilians taking part-time jobs. In this article, we will try to answer the main questions that municipal and government agency employees ask themselves when seeking part-time employment.

What positions are allowed to be combined?

The law states not only whether a municipal employee can combine positions in a government body and in another organization, but also about restrictions. Federal Law No. 25-FZ in Article 14 establishes prohibitions. A local employee does not have the right to combine his service:

with filling a state or local position;
with a paid position in a trade union or election commission;
with entrepreneurial activities personally or through representatives and management of commercial or non-profit organizations.

Features of part-time work for municipal and civil servants

The main feature of part-time work as a municipal employee is the need to notify the employer in writing of your intention to take one or more jobs. This must be done in advance.

The municipal employee's employer reviews the notice and evaluates it for compliance with the law. If it is legally impossible for an employee to take on additional work, the employee will be asked to abandon this idea or leave the service. If the proposed employment does not contradict the law, the employer does not have the right to prohibit working somewhere else.

Part-time work is formalized by an employment contract, which explicitly states that the employee is a part-time employee.

Part-time work does not imply the same level of workload: the duration of work per day, when the citizen was also employed in the main place, in an additional place should not exceed four hours. It is possible to work a part-time job full time only if the employee was not employed at his main place that day.

Leave for part-time workers should be granted on the same dates as at their main place.

With this procedure for registering labor relations, there is an additional basis for dismissing an employee. If a person comes to his position for whom this will be the main place, he will be fired.

Registration of a part-time employee

At the time of signing an employment contract, according to which a part-time employee is hired, the head of the organization must keep in mind that this worker has the same rights and responsibilities as all other members of the team. Thus, he must receive wages on time, the opportunity to use legal annual leave, and also be confident that the company will pay all necessary taxes for him and make contributions to various funds.

Along with this, the employee must be aware that he must follow all internal rules, along with other employees of the company, and fulfill his job obligations in good faith. It would not be a bad idea to thoroughly know the contents of the provisions on bonuses and disciplinary liability, since not only rewards can be received for a careless attitude to work.

However, at present, not all Russians are able to work part-time, and this is strictly prohibited for persons under the age of majority, as well as for those engaged in heavy production, and also if the work involves the use of harmful substances or hazardous working conditions. .

Domestic legislation provides for options when an employee working part-time at an enterprise can enter into an agreement of full financial liability, when they may be subject to dismissal on the same grounds as ordinary employees. All this is directly related to guarantees, compensation and benefits, however, in the case of training, such benefits can only be received at the main place of work.

Currently, the laws in force in our country in the field of labor legislation suggest that the worker’s priority always remains with his main job, since part-time employment always remains only a secondary income.

Otherwise, when a specialist does not have a second job. However, very often the manager is very limited in the means and methods of finding out a second place of work, so there are often cases when a worker can be registered in two companies at once, if, of course, he manages to combine his positions.

It’s worth saying a few words about the differences between an employment contract that applies to a part-time company. In this case, you should take into account some of the distinctive features of this document, without which, however, it is impossible to be sure that the head of the company will conscientiously fulfill his obligations towards the new employee.

Along with this, an employment contract, which is necessarily concluded with a specialist who wishes to work part-time, imposes certain obligations on the specialist himself, who must fulfill certain circumstances, and this should be done properly.

Part-time work does not require the employee to provide the employer with a work book. This provision is due to the fact that this document must be located at the main place of work, since it is the main source of financial income and replace it with a combined one.

Along with this, a record that an employee manages to combine two jobs at once can be made by the head of the first company. It should be noted that the head of the second organization where a modern Russian works part-time has the right to demand that the subordinate provide documents that will clearly demonstrate the existence of the main job.

Copies of orders for internal use or other types of acts issued for use within the company, where this person is listed as one of the main specialists, are quite suitable for this role. All this is reflected in Article 65 of the Labor Code of the Russian Federation, which would be useful for every citizen of our country who is currently or in the near future planning to take up additional work on the principle of combining positions and professional obligations.

Along with this, the employee must provide the HR department with a passport or other identification document, an insurance certificate of state pension insurance, as well as a military registration document, if the specialist entering the job is subject to military service.

If the new professional obligations of a person who takes a part-time job require the possession of additional skills and knowledge, then a copy of the certificate or certificate should be attached. When applying for employment at an enterprise where there are dangerous or harmful conditions for the body, the employer has the right to ask for a certificate about the nature of the main work. This will allow him to understand whether this master can be hired under such working conditions, since there are clear instructions in this regard in domestic legislation.

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Is it possible to enter the municipal service on a part-time basis?

Is it possible to enter the municipal service on a part-time basis or can you quit your job, enter the municipal service at your main place of work, and then re-enter your previous job on a part-time basis?

Having considered the issue, we came to the following conclusion:

Both options are possible with prior notification of the representative of the employer (employer) of the municipal employee, and also if this does not entail a conflict of interest.

1. First of all, we note that municipal employees are subject to labor legislation and other acts containing labor law norms, with the features provided for by federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation on municipal service (part seventh article 11 of the Labor Code of the Russian Federation, part 2 of article 3 of the Federal Law of March 2, 2007 N 25-FZ “On Municipal Service in the Russian Federation”, hereinafter referred to as Law N 25-FZ).

Law No. 25-FZ does not establish any specifics on the issue of filling a municipal service position on a part-time basis. Consequently, the norms of the Labor Code of the Russian Federation should be applied to such relations.

For some categories of workers, restrictions on external part-time work have been established, for example, according to the general rule established by Part 2 of Art. 11 of Federal Law No. 25-FZ of March 2, 2007 “On Municipal Service in the Russian Federation” (hereinafter referred to as Law No. 25-FZ), a municipal employee, with the exception of a municipal employee holding the position of head of a local administration under a contract, has the right, with prior written notice, representative of the employer (employer) to perform other paid work, unless this entails a conflict of interest and unless otherwise provided by Law No. 25-FZ. In addition, Art. 14 of Law N 25-FZ establishes a list of prohibitions related to municipal service. In particular, in connection with the performance of municipal service, a municipal employee is prohibited from filling a municipal service position in the event of election or appointment to a municipal position (clause “b”, paragraph 2, part 1, article 14 of Law No. 25-FZ).

Part-time work: types of schemes

Internal. Employment for another position occurs within the same enterprise.
External. The employer is not the same as at the main place. New position outside the previous company.

In each case, the parties must sign an employment agreement. There is another concept with a similar meaning - “combination”. This means that the employee is assigned additional responsibilities from another position, but within the same enterprise.

The main difference between part-time work and internal part-time work is that the first situation involves the performance of new responsibilities in the course of the main work activity. In this case, it is not necessary to conclude an employment contract.

It is enough for the parties to reach mutual understanding. There are a number of distinctive features of internal and external part-time work. The differences are related to the registration procedure and making entries in the work book.

If employment is in the same enterprise, then an entry is simply made in the work book, which then remains in the custody of management. If the part-time job is external, you will need to issue an additional certificate regarding employment. It is transferred to the main place, where the necessary notes are then made.

When a part-time agreement is concluded, a corresponding note must be made in the employment contract.

Part-time work in the municipal service

Good afternoon Help me understand the situation. I work as the head of the planning and economic department of the district education department. A month ago, the village administration asked for help in managing the budget at 0.5 rates. I agreed, having previously notified my boss verbally. to which he also gave me verbal consent. As it turned out later, I was accepted into the village administration at 0.5 times the rate for municipal service. Today I received my first salary. The head of the financial and treasury department, through which salary payments are made, has a personal dislike for me and wants to remove me from work. Today, with a copy of the payment order for my salary and an order for my appointment to a municipal position, she came to my head of the education department and stated that I had broken the law in that I did not have the right to work part-time in the municipal service. Tell me, is this so? and the nuance is that I didn’t write any applications for employment in the municipal service, I didn’t see any orders for myself and I didn’t sign an employment contract. Tell me is the truth on my side? What should I do now?

According to Article 11 of the Federal Law “On Municipal Service in the Russian Federation” dated March 2, 2007 N 25-FZ (current edition, 2016)

Submit a written application to your boss for permission to fill a position in the village administration, the number that will appear before concluding an employment contract with the village administration. In this case, all legal claims against you disappear.

Personal interest can get in the way

Personal interest of a municipal employee is understood as the possibility of a municipal employee receiving income (unjust enrichment) in cash or in kind during the performance of official duties, income in the form of material benefits directly for the municipal employee, members of his family or persons specified in paragraph 5 of part 1 of Article 13 of this Federal law, as well as for citizens or organizations with which a municipal employee is bound by financial or other obligations.

Which is not the case in your case. So document everything for the appropriate numbers, in the appropriate order, and work on 05 further and calmly.

the law says that a municipal employee has the right to part-time work, and if on the contrary, part-time work in the municipal service. Non-standard situation.

Svetlana, Thank you for the clarification, but even in this case, I will note that Law No. 25-FZ does not establish any specifics regarding the issue of filling a municipal service position on a part-time basis. Consequently, the norms of the Labor Code of the Russian Federation should be applied to such relations in the manner of bilateral interaction.

And then the same rules apply:

As I have already said, for some categories of workers, restrictions on external part-time work have been established, for example, according to the general rule established by Part 2 of Art. 11 of Federal Law No. 25-FZ of March 2, 2007 “On Municipal Service in the Russian Federation” (hereinafter referred to as Law No. 25-FZ),

A municipal employee, with the exception of a municipal employee holding the position of head of a local administration under a contract, has the right, with prior written notice to a representative of the employer (employer), to perform other paid work, unless this entails a conflict of interest and unless otherwise provided by Law No. 25-FZ. In addition, Art. 14 of Law N 25-FZ establishes a list of prohibitions related to municipal service. In particular, in connection with the performance of municipal service, a municipal employee is prohibited from filling a municipal service position in the event of election or appointment to a municipal position (clause “b”, paragraph 2, part 1, article 14 of Law No. 25-FZ).

Can a civil servant work part-time according to the Labor Code of the Russian Federation?

Taking into account the high social security of people working in government bodies and classified as civil servants or municipal employees, many of our compatriots strive to get into just such a job.

However, given the fact that the salary level may not be very high, it is quite understandable that people think about additional part-time work.

That is why many will probably be interested to know whether a civil servant (municipal employee) can work part-time, and what regulatory documents regulate this.

Normative base

In accordance with the provisions of Law No. 79-F3 “On the State Civil Service of the Russian Federation” of 2004, a person employed in the civil service has the right to work part-time.

The same applies to municipal employees, whose activities are regulated by the Law on Municipal Service.

The text of these documents can be found here:

According to Art. 14 of Law No. 79-F3 “On the State Civil Service of the Russian Federation”, a civil servant may perform other work not related to his main activity only if this does not entail a conflict of interest.

In other words, his part-time work should not affect the quality of his performance of his duties, and he does not have the right to work part-time for more than 4 hours a day.

It is important to know that, regardless of the place of work, an employee of a government agency with employee status must notify his main employer of his desire to work part-time.

When additional work is found, the civil servant, in accordance with Part 2 of Art. 14 of the Law on Civil Service is obliged to send a written request to the anti-corruption commission of his organization. Within a few days, the commission officially responds, checking the new work for conflicts of interest.

Municipal employees also have every right to work part-time, however, there should not be a conflict of interest here (Article 14.1 of Law No. 25-F3).

Like a civil servant, a municipal employee is required to notify his employer about applying for a part-time job in another organization and obtain permission from him.

Are there any peculiarities of part-time work for health workers? Find out here.

Is it allowed to work part-time in another government agency?

If we talk about whether it is allowed to work part-time in another government agency, then there is no clear prohibition on this matter, that is, theoretically it is possible.

In practice, this is extremely rare, since the commission usually does not give permission for this, citing a conflict of interest (Article 14 of the Civil Service Law).

The fact is that, according to common sense, work in the state apparatus cannot be performed as a secondary one (as is the case with part-time work), since in this case there is a risk of its being performed “on a residual basis.”

As for municipal employees, according to Law No. 25-F3, they are prohibited from joining management bodies, supervisory and trustee boards, and structural divisions of non-profit organizations of foreign companies.

There is a restriction for a municipal employee performing the duties of the head of a local administration under a contract, since he has the right to engage only in teaching, creative or scientific activities.

If this prohibition is violated, a municipal employee, in accordance with Art. 19 clause 3 of Law No. 25-F3 may be dismissed.

Is combining positions allowed?

Unlike part-time work, which may involve working at another enterprise, an employee has every right to perform other work for an employee who is temporarily absent from the workplace (maternity leave, annual leave, sick leave).

However, with regard to civil servants, there is no clear and unified regulation determining the legality of combining positions, and therefore one should be guided by the provisions of the Labor Code (Article 60.2).

This article provides for him to perform additional work within the established working hours.

For this purpose, the written consent of the employee must be taken.

In what cases is it prohibited?

All categories of civil servants are officially prohibited from holding positions directly related to receiving income from private business, therefore such persons cannot be private entrepreneurs.

In addition, as noted above, a civil servant working in a government agency cannot simultaneously work in another government agency.

How to get a part-time work book? Details are here.

Is there a part-time bonus? Read here.

Procedure for registration and work

Part-time work can be either internal (when a person works in his own institution) or external (when an employee finds a job in another company), and in both cases a separate employment contract must be drawn up.

The duration of part-time work for a civil servant, as well as for civilians, cannot exceed 4 hours a day and 20 hours a week, respectively.

The employment contract often also reflects the work schedule (regular schedule or shift), as well as the time that he is obliged to work.

The procedure for registering a part-time job includes the following steps:

Civil servants write an application for the opportunity to work part-time in a specific enterprise and submit it for approval to the anti-corruption commission.
In case of a positive decision, a copy of the work book will be transferred to the new enterprise, as well as the conclusion of an employment contract there.
Performing work in accordance with assigned obligations and within the hourly standards allotted for this.

The employee application form can be downloaded here:

It is important to understand that in his second job, a civil servant enjoys the same benefits and rights that are provided for civilians, including the right to annual and additional paid leave.

According to the Russian legal system, both state and municipal employees have every right to work part-time, but they must notify their management about this.

In some cases, a manager may refuse to allow a civil servant to work part-time, and challenging this decision will be problematic.

Thus, in any case, the issue of part-time work is resolved in each specific case separately, depending on the circumstances and scope of the person’s activity.

Part-time work for civil servants: acceptable or not?

According to current legislation, any citizen has the right to freely choose the job in which he wishes to work. And if at the moment he is already employed, but for some reason wants to find another job, then he can freely do this.

The exception is a number of categories of workers for whom such an opportunity is limited or prohibited due to the special specifics of the activities they carry out.

Working simultaneously in several positions, in accordance with Article 282 of the Labor Code of the Russian Federation, is a part-time job and can be carried out both within the same organization and in different ones. It is carried out on the basis of a labor agreement concluded between the parties.

From the point of view of legislation, part-time work does not differ from the main work activity in nature and retains all the rights due to the employee. This also applies to the guarantees provided for workers by regulatory legal acts.

The only restriction associated with employment in a secondary job concerns its duration. In accordance with Article 284 of the Labor Code of the Russian Federation, the daily norm is no more than 4 hours, provided that on that day the citizen performed official duties at his main place of work.

If a part-time job falls on a day off at the main place, then the citizen can work a full shift. However, the number of hours worked per week and/or month should not exceed half the standard hours for the main position.

Part-time work for civil servants from the point of view of labor legislation

Source: https://codex-rf.ru/drugoe/mozhet-li-gossluzhashhij-rabotat-po-sovmestitelstvu-soglasno-tk-rf.html

Part-time work from the point of view of labor legislation

In his free time from his main job, a civil servant has the right to be employed in another job . This provision is established by Article 14 of the Federal Law of May 27, 2004 No. 79-F3.

Moreover, if the employer sees the possibility of a conflict of interest, he may

refuse to allow the ward to work part-time in the relevant positions.

A conflict of interest primarily means that the implementation of job functions in an additional place of employment may reduce the quality of performance of duties at the main job.

The employee can challenge such a statement in court.

However, if a decision on the possibility of a conflict of interest is made by the anti-corruption commission, the civil servant will be denied the right to work part-time.

The decision of the anti-corruption commission is announced to the employee within several days after he sends a written request to the commission of his organization.

In other words, with a standard number of working hours, additional work is limited to four hours a day and 20 hours a week.

If for one reason or another (suspension from duties, long leave, etc.) an employee is not engaged in labor activity at his main job, then his employment in an additional position can be carried out in full (8 hours a day).

In this case, a new employment contract is concluded at the additional place of work.

The guarantees established by the Labor Code for employees must be fully observed in their second job. Here, the employee also has the right to rest, paid leave, sick leave, etc. Moreover, vacation at an additional job is granted at the same time as at the main one.

Can a state or municipal employee work part-time?

However, given the fact that the salary level may not be very high, it is quite understandable that people think about additional part-time work.

That is why many will probably be interested to know whether a civil servant (municipal employee) can work part-time, and what regulatory documents regulate this.

Is it possible?

In other words, his part-time work should not affect the quality of his performance of his duties, and he does not have the right to work part-time for more than 4 hours a day.

It is important to know that, regardless of the place of work, an employee of a government agency with employee status must notify his main employer of his desire to work part-time.

Municipal employees also have every right to work part-time, however, there should not be a conflict of interest here (Article 14.1 of Law No. 25-F3).

Like a civil servant, a municipal employee is required to notify his employer about applying for a part-time job in another organization and obtain permission from him.

Restrictions

The Labor Code and Federal Law No. 79-F3 of May 27, 2004 establish a ban on part-time work for the following persons:

business managers;
persons holding an elected position in a local government body;
persons holding a paid position in a trade union body.

At the same time, employees of the above categories are allowed to combine their main activities with teaching, scientific or creative activities.

Restrictions for civil servants

Combination is prohibited for persons holding the following positions:

head of institutions;
elective position for local governments;
positions in a trade union body when a separate salary is expected to be received.

Government employees cannot create additional companies for the purpose of making a profit. They cannot personally co-found such organizations or use proxies to solve the same problem. A ban is also imposed on the purchase of securities from which profit is generated.

Scientific, creative and teaching activities for government officials are also prohibited.

A civil servant in a second job enjoys the same rights and benefits that are provided for employees of other categories. The contract with the employer and the Labor Code are the main documents regulating all issues related to remuneration. There is the right to receive annual or additional time off.

Employees of the Department of Internal Affairs and the Ministry of Internal Affairs cannot work part-time, which is confirmed by current legislation. An exception is made only for scientific or creative or pedagogical activities. That is, work that does not cause a conflict of interest with the main position.

The main thing is that the employee does not encounter additional obstacles in performing his main duties. Part-time work cannot be fully financed by foreign citizens or organizations. Stateless persons also cannot be the main source of funds. The immediate supervisor must be notified of part-time work.

Municipal officials, like civil servants, cannot manage commercial organizations. In addition, combinations are prohibited for those elected to any public office. It doesn’t matter what scale of position we are talking about.

In local government bodies, municipal employees cannot represent the interests of third parties. In principle, any combination of work is acceptable if it does not cause a conflict of interest.

There are also certain prohibitions here:

For replacement with the position of arbitrator or arbitrator.
Business activity, personally or through third parties.
Other paid activities. The exception is teaching or creativity.

The main thing is that part-time work does not interfere with attending meetings. Creative and part-time teaching activities for judges also cannot be financed exclusively by foreign citizens or organizations.

For employees of the prosecutor's office, any combination that involves financial remuneration is prohibited. The exceptions are the same as in previous cases. That is, they relate to creative or teaching activities.