Is part-time work limited by law?

An internal part-time employee will not be able to apply for more than half the rate. According to the law, he must work no more than four hours in one working day. It should be noted that it is possible to work within one enterprise at several rates, if this option is approved by management. It is important to keep in mind that the total duration of bets must correspond to four hours. Payment of rates when part-time Payment, according to the Labor Code of the Russian Federation, is calculated based on the following options:

The number of hours during which the subordinate performed work functions;
Based on the amount of work completed, regardless of the length of time.

In most cases, the employer for a part-time worker chooses the first wage option and determines the amount of earnings based on the formula: the amount of time is multiplied by the rate.

Attention

For your information, the peculiarities of interaction between an employee and an employer are contained in Chapter 44 of the Labor Code of the Russian Federation. An increase in the total volume of part-time workload should not interfere with the performance of activities at the main place. The law does not set a limit on the number of times a person is entitled to devote to an additional position.

Important

However, Article 284 of the Labor Code of the Russian Federation reflects the period of time that an employee can work without damaging his main activity. The period is half the standard working day - 4 hours. The law does not prohibit working more if a person is free from his main activity.

So, during a day off, a citizen has the right to work a full day. How many rates can you work part-time in one organization? Internal part-time work is recognized as working in several positions within one organization. This is possible if the company has free places.

Number of bets when working part-time

InfoQuestion that arises when applying for an external or internal part-time job: how many rates can you have for an additional duty station. Based on the provisions of the Labor Code: an employee can apply for as many jobs as he has the strength and time to do. You can find out what nuances there are when implementing this process and what the payment will be in the presented article.

1 Part-time work according to the Labor Code of the Russian Federation

1.1 How many rates can you work part-time in different organizations?
1.2 How many rates can I work internally?

2 Payment of bets when working part-time
2.1 How many hours per week is part-time work?

Part-time work according to the Labor Code of the Russian Federation How much can you combine part-time rates under the Labor Code of the Russian Federation? Based on the material of Art.

How many bets can you take part-time?

Part-time work is described in detail in Chapter 44 of the Labor Code of the Russian Federation, where the following features of such work are highlighted:

The work is carried out on the basis of a separately concluded employment contract.

The time devoted to any part-time job should not overlap with the time a person spends at his main job.

The employee must have a main place of work, that is, he has an employment relationship with the employer.

It is important to understand that part-time work is completely full-fledged, and therefore, from the point of view of the law, a person also enjoys all the same privileges and rights as in his main job. Here it is entirely permissible to work at 0.5 wages or less. which depends on the time spent on work, since a part-time person can work only 2-3 hours a day (working, for example, as a cleaner).

Is part-time work limited in duration?

In some European countries, a fixed number of working hours is established: from 40 to 44. For example, in France you can work anywhere and are not obliged to inform either your first employer or your second about it. But if you report, then both employers must take into account that you also work at another job when calculating vacations and overtime. If an employee does not report that he works several jobs, then the norm of hours worked per week must be recorded himself so that there is no overtime, otherwise he may be fired or fined. In Germany, maximum working hours per week are limited by law to an average of 48 hours or 60 hours, with compensation up to 48 hours per week for six months.

Internal part-time work: how many rates and hours can there be?

The following situations are possible:

establish a flexible schedule;
a sliding schedule will be established;
the person will not be required to perform the assigned duties every day.

It is possible to change the start and end times of activities. A standard schedule from 9 a.m. to 6 p.m. is rarely established. The start and end of activities usually depend on the schedule of the main work. The special regime is reflected in the employment contract. The rule is enshrined in Article 100 of the Labor Code of the Russian Federation. The agreement must reflect the following information:

The moment a person arrives at the workplace and the moment he leaves. It is necessary to record at what time and on what days the citizen is obliged to perform the activity.
Length of working hours.

Part-time work and combination: limitations and features

To do this, you need to understand what its significant difference is, what advantages this method has, and how many bets can be entered for internal part-time work. Internal part-time work and internal combination With internal combination, the employee is entrusted with additional functionality, which he performs during his working time.

ST 284 Labor Code of the Russian Federation.

The duration of working hours when working part-time should not exceed four hours a day. On days when the employee is free from performing work duties at his main place of work, he can work part-time full time (shift). During one month (another accounting period), the duration of working time when working part-time should not exceed half of the monthly standard working time (standard working time for another accounting period) established for the corresponding category of employees.

The restrictions on the duration of working hours when working part-time, established by part one of this article, do not apply in cases where the employee has suspended work at his main place of work in accordance with part two of Article 142 of this Code or has been suspended from work in accordance with part two or four of Article 73 of this Code.

https://youtu.be/b0udUpdydD0

Working hours for a part-time chief accountant

Part-time employment as a chief accountant implies that the employee will spend no more than 4 hours a day or a full day on it, provided that this time is free from performing the main job (Part 2 of Article 284 of the Labor Code). In addition, in a month the duration of part-time working hours should not exceed half the norm established for the work of this category of employees (Part 1 of Article 284).

Time free from main work can arise, for example, as a result of:

suspension of work due to unpaid wages on time, in accordance with Part 2 of Art. 142 TK;
removal from work duties for health reasons with the condition of maintaining the position, in accordance with Parts 2 and 4 of Art. 73 TK.

Like any other employee, an accountant working part-time cannot be assigned irregular working hours. In Art. 284 of the Labor Code clearly states the maximum number of hours of work per day - 4, while the employment contract may contain a smaller number of hours - for example, 2. There are no restrictions on the number of places where you can work part-time (Part 2 of Article 282 of the Labor Code).

However, for chief accountants there are often situations (for example, during the reporting period) when it is necessary to stay at work longer in order to complete everything by the deadline allotted for submitting reports. If at the main place of work the employee is free from performing work duties, then part-time he can work a full 8-hour working day.

If you need to stay even longer, this will be considered overtime work (Article 99 of the Labor Code). In this case, it is important to ensure that for a month (or other reporting period) the standard working hours established for a part-time worker are not exceeded. Also, work will be considered overtime if, while employed at the main place of work, the chief accountant overworked the hours specified in the employment contract (for example, worked 4 hours instead of those prescribed in contract 2).

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Commentary to Art.

284 Labor Code of the Russian Federation

1. The Labor Code reduces the standard working time of a part-time worker by half compared to the generally accepted standard, establishing two restrictions - in relation to daily work and the monthly standard of working time. The daily maximum working time cannot exceed 4 hours; accordingly, with a five-day working week, the weekly duration will be 20 hours. with a standard working time of 40 hours per week. When recording working time in aggregate, its duration for a part-time worker should not exceed half of the monthly norm (working time norm for another accounting period - quarter, year) subject to the requirement for the maximum duration of daily work.

2. A full work shift (without limitation to a four-hour working day) can be established for part-time workers on their days off at the place of their main job, during the period of unpaid leave (Article 128 of the Labor Code of the Russian Federation), parental leave (Article 256 of the Labor Code of the Russian Federation) and in other cases when, at the main place of work, the employee is free from performing job duties (except for annual paid leave, since it must be provided to part-time workers simultaneously with leave for the main job (Article 286 of the Labor Code of the Russian Federation)). At the same time, the monthly standard of working time for a part-time worker should not exceed half of the standard established for the corresponding category of workers.

A part-time worker can work full-time in the following cases:

a) the employee suspended work at his main place of work due to a delay in payment of wages for a period of more than 15 days (see Art.

Dealing with external part-time workers

Our holding consists of several companies. One of them has a main employee, whom we want to register as a part-time worker in two more companies of our holding, each at 0.5 rates. Please tell me, can this be done or should these 0.5 rates be shared between both employers?

In your case, the staffing table for the position of manager should indicate one staff unit, since you have a full rate for this position. It’s just divided between two employees - the main one and the part-time one. After all, the staffing table does not indicate the number of employees and not how rates are distributed between them, but the number of staff units available in the organization.

https://youtu.be/K0Ke2emlV5k

Also, employees who, at their main place of work, are employed as managers of unitary (municipal) enterprises or are the only founders/shareholders of an LLC/JSC cannot get a part-time job.

So, in particular, it is impossible to dismiss a part-time worker at the initiative of the employer during the period of his temporary incapacity for work or while on vacation (Part 6 of Article 81 of the Labor Code of the Russian Federation). When dismissal due to a reduction in the number or staff of employees, it is necessary to notify the part-time worker personally, against signature, of the upcoming dismissal at least two months in advance (Article 180 of the Labor Code of the Russian Federation).

How many hours can you work part-time?

142 of the Labor Code of the Russian Federation and commentary thereto);

b) an employee at his main place of work is suspended from work due to refusal to transfer in accordance with a medical report or the employer’s lack of relevant work (see Article 73 of the Labor Code of the Russian Federation and the commentary thereto).

3. Special rules are established for teaching, medical, pharmaceutical and cultural workers. The duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

for medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;

for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours. per week - 16 hours. work per week;

for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage - a monthly standard of working time, calculated from the established length of the working week. At the same time, the duration of part-time work for specific positions in institutions and other organizations of federal subordination is established in the manner determined by federal executive authorities, and in institutions and other organizations under the jurisdiction of constituent entities of the Russian Federation or local governments - in the manner determined by state bodies authorities of constituent entities of the Russian Federation or local governments;

for junior medical and pharmaceutical personnel - the monthly standard of working time, calculated from the established duration of the working week;

for teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week;

for teaching staff (including trainers, teachers, trainers) whose half of the monthly working time for their main job is less than 16 hours. per week - 16 hours. work per week;

for cultural workers engaged as pedagogical workers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly standard of working time, calculated from the established duration of the working week (subparagraph "b" of paragraph 1 of the Resolution of the Ministry of Labor and Social Development of the Russian Federation dated June 30, 2003 N 41).

In addition, a special rule is provided for medical workers of healthcare organizations living and working in rural areas and urban settlements. For them, the maximum duration of part-time work has been increased to 8 hours. daily until 39:00 per week (Resolution of the Government of the Russian Federation of November 12, 2002 N 813 “On the duration of part-time work in healthcare organizations for medical workers living and working in rural areas and in urban settlements”).

Another comment on Article 284 of the Labor Code of the Russian Federation

The application must indicate a request for admission to a specific position in a given organization, indicate the date, and certify this document with your signature.

An employment contract is concluded with such an employee, which specifies the amount of monetary remuneration, as well as his rights and obligations. This document is certified by the signature of the employee, and on the part of the employer, the head of the organization puts a seal and personal signature.
The head of the organization draws up an order to hire an employee for a specific position. The order indicates the last name, first name, patronymic of the new employee, and the name of the position for which the specialist was hired. This document must indicate that the citizen is hired under an external part-time contract. The order is certified by the seal and signature of the director, and the hired employee must be familiarized with this document against signature.

External part-time work or how to work in two places at once?

Themes:
Part-time job
Combination
Part-timers

If you decide to hire an external part-time worker, read the basic rules and check if you are doing everything correctly. From the article you will learn:

what constitutes external part-time work;
how many hours must an external part-time worker work;
can an external part-time worker work full time;
What are the features of external part-time work?

What is external part-time work External part-time work is the following.

https://youtu.be/sbZXqgY07QE

Therefore, an external part-time worker is an employee who has several jobs in different organizations.

Internal part-time work: how many rates and hours can there be?

Entries in the work book are made in the following sequence:

The serial number of the record is indicated.
An exact record of the date of the employee's appointment is made.
A record of hiring an employee for a specific position is made, the employee’s specialty and the name of the organization where this specialist works is also indicated.
A record is made about the document on the basis on which this record was made.

When dismissing an employee from the place where he carries out part-time work, a similar entry must be made in the work book, as when hiring an external part-time job. In the case when an employee leaves his main place, his external part-time job does not automatically become a permanent place of employment.

Business trips

Can part-time activities include business travel? How is this ultimately calculated? The questions are interesting, because a business trip usually involves a trip to another city, and the employee has two jobs. In theory, an employer can send an employee on a business trip if it does not interfere with the main activity. The work trip must take place during free hours.

Sometimes a business trip lasts longer than free time at your main place of work. Such issues are difficult to resolve, because the only solution is a vacation, which a boss in a permanent position may not give, because he does not care how many positions his employee holds at the same time. The legislation of the Russian Federation does not regulate these situations, so employees and employers must resolve them independently.

https://youtu.be/ms719HrNYGA

How many hours per week can you work part-time?

Who is an external part-time worker? An employee of one enterprise can, after the end of his working day (or before it begins, as well as on his day off), do some other work regularly, with official registration and for wages.

InfoIn this case, he will be considered a part-time worker, and he will need to sign an employment contract. An employee who works in two places at one enterprise in this way is called an internal part-time worker. An external part-time worker is an employee who thus works at two different enterprises, and an external part-time job is work that he performs in his free time from his main job at another enterprise.

Other options for registering a part-time employee

In addition to part-time work, there are other registration options: part-time work, civil contract (CLA) or part-time work.

The scheme is like this:

If the employee does not work anywhere else → part-time.
If he does additional work during his working hours → combination.
If you need to perform one specific task → GPA.

https://youtu.be/dN04CtGn8x0

By combination. This mode of work is similar to part-time work, but in this case the person performs additional duties not in his free time, but during his working day.

For example, an administrator takes on the role of a cleaner and mops the floors during her shift. Or an accountant takes on more work and runs another holding company, but at the same time works the same from 9 to 18.

The combination can only be issued for an employee from his own company. There is no need to conclude a new employment contract; it is enough to sign an additional agreement and agree on additional payment for new responsibilities.

True, the tax office closely monitors such agreements. To prevent it from being equated to labor, it is imperative to indicate a specific amount of work, results, deadlines and a fixed amount of remuneration. For example, to design a website by February 21, 2020 for 20,000 rubles.

For regular work such as an administrator or accountant, this option is not suitable.

Is it possible to work part-time at four jobs?

Important: Internal and external combinations have their own characteristics. Part-time full-time employment is not always possible. Limitations of internal part-time work Internal part-time work involves working at the same enterprise in different positions. Registration of such relations involves drawing up another employment contract. It displays the amount of working time, rate, rights and obligations, and monetary remuneration of the employee. Internal part-time work involves the work of the same person in different positions at different times in the same organization. The duration of the working day cannot be more than 4 hours. Full-time internal part-time work is not possible. Its maximum value is 0.5.

The main thing about part-time work

Part-time work is beneficial when you hire a part-time person who already has a full-time job at another company. Or if you give your employee additional work that he cannot do during his working day.
Part-time work should take no more than 4 hours a day.
For all other cases, other design options are more profitable.
In fact, signing up for a part-time job is no different from concluding a regular employment contract. The conditions are the same - pay a separate salary, transfer all taxes and insurance contributions. Pay for vacation, maternity leave and sick leave.

Part-time work is beneficial when you hire a part-time person who already has a full-time job at another company. Or if you give your employee additional work that he cannot do during his working day.
Part-time work should take no more than 4 hours a day.
For all other cases, other design options are more profitable.
In fact, signing up for a part-time job is no different from concluding a regular employment contract. The conditions are the same - pay a separate salary, transfer all taxes and insurance contributions. Pay for vacation, maternity leave and sick leave.

https://youtu.be/7SijeAIRh9I

What is external part-time work and how is it formalized?

Low wages encourage some citizens to look for part-time work in order to increase their quality and standard of living. The emergence of such a desire is accompanied by questions about whether it is possible to use internal part-time work and how many bets can be placed on one person.

Having an official place of work will allow you to protect yourself and your rights and freedoms, and claim not only wages, but also vacations and sick leave. Content