Part-time employment contract: download sample 2020

An employee can work in more than one regular paid job, but find some other extra income. The second job will be a part-time job. The employment contract must also be separate, even if the employee works at the same enterprise. Please note that for some employees there are restrictions or a complete ban on part-time work.

In general, part-time work can be of several types:

internal - in this case, the employee works in a second job at the same enterprise, which is the main place of work;
external - in this case, the place of main work differs from the place of additional work.

An internal part-time contract must also be concluded. It must be taken into account that it is not necessary to make an entry in the work book of a part-time employee: if the employee does not want a record of work to be included in the document, then the entry does not need to be made.

Features of a part-time employment contract

An employment contract with a part-time employee includes all mandatory conditions provided for by labor legislation. However, the contract with a part-time partner also has some features:

The position of a part-time worker may coincide with the position at the main place of work, this is not prohibited (in this case, exceptions are provided);
The contract with the employee must reflect that this work is not the main one for the employee;
An employment contract with a part-time worker can be concluded for a specific period if both parties agree - in this case, it is necessary to indicate the condition that the contract is fixed-term. For example, an employee may be hired to replace an employee who is temporarily absent - in this case, the contract will be concluded for the period until he appears at work;
An employment contract for part-time work may contain information about the probationary period (a part-time employee may refer to employees for whom a probationary period is not established);
A mandatory condition is that the employee is assigned part-time work;
The part-time contract (we will provide a sample at the end of the article) contains information about the employee’s remuneration: it should be set in proportion to the time worked, or on other conditions stipulated in the contract.

The employer must remember that he does not have the right to include as one of the conditions in the part-time contract a clause stating that the employee cannot also work in other companies. In general, the number of employers cannot be limited. In addition, it must be remembered that the employment contract should not contain clauses that worsen the employee’s position in comparison with the conditions established in labor legislation.

Legal regulation of part-time work

An employment contract for part-time work is drawn up taking into account the current standards prescribed in the Labor Code. Part-time work, regardless of its type, is supported by an agreement drawn up in writing. The parties to the transaction are the employer and the employee, the latter is employed and provides services to the counterparty (fulfills the duties assigned to him) in his free time from his main job.

The law of the Russian Federation imposes restrictions on the time a part-time worker can work. The general rule indicates that an employee under a concluded contract works a maximum of 4 hours a day. Read more about this rule in Article 284 of the Labor Code. Exceeding the established norm is permissible if a part-time worker has time (for example, a vacation period at his own expense). But this does not mean that he can provide services to the employer for 8 hours a day. The norm is exceeded without ignoring the requirements for the results of the accounting period. In it, the time worked by a part-time worker should not exceed half of what was established for ordinary workers.

Part-time work, regardless of its type, is prohibited for a number of persons, including minors.

The Resolution of the Ministry of Labor of Russia, as well as the Labor Code, does not allow representatives of certain professions (notaries, lawyers, military personnel, civil servants, drivers, etc.) to enter into a corresponding agreement.

Other important points provided by law:

It is permissible to employ an employee in the same position that he occupies at his main place of work.
The rights of a part-time worker coincide with the rights of regular workers (the main members of the staff).
The employer has the right to assign a probationary period to the employee, which is reflected in the agreement (an exception to the rule is concluding an agreement with persons who are exempt from the probationary period).
Regardless of the type of part-time job and the number of hours worked, the employee’s working conditions coincide with the conditions under which other specialists work in a similar position. It is unacceptable to include clauses in the agreement that would worsen the citizen’s situation.

Part-time work schedule in the employment contract

As a general rule, the duration of an employee’s working time at an additional job should not be more than four hours a day. The minimum duration in this case is not established. Thus, an employee can work, for example, an hour or two hours a day.

To avoid overtime, you need to carefully plan the employee’s work schedule. For example, a part-time worker is given a five-day workday. If the accounting period is one week, working hours should not exceed 20 hours. But it is not necessary to work the same number of hours every day; one or two days a week can be full - 8 working hours.

On days when an employee is free (weekends) at his main job, he can work a full working day at an additional job. But in any case, during the established accounting period, the employee must work not exceeding half the standard working time.

It is worth considering that if an employee works, combining jobs, in several companies, the working time limit is calculated for each place of work. That is, the employer is not obliged to focus on the fact that the employee works in several places and take this into account when drawing up the schedule.

Types of part-time jobs

In accordance with the law, part-time work is divided into two types. This:

external;
internal.

An employment contract with an external part-time worker implies that the citizen gets a part-time job with another employer.

When concluding an employment contract on an internal part-time basis, the employee performs new duties in his free time from his main job at the same enterprise. As an example, an accountant can be employed in the same organization as an economist.

How to reflect an employee’s work schedule in a part-time employment contract?

Even when applying for a job, an employee can know exactly which days at their main job are days off. In this case, he can agree with the employer in advance about working full time on free days, and this can be taken into account when drawing up his work schedule. In this case, even when concluding a contract, you can immediately include in the sample of filling out a part-time employment contract a condition on working on certain days on a full-time basis. If information about free days became available to the employee during the process of working at an additional job, changes regarding the work schedule can be made, if necessary, later, for example, by an appendix to the contract.

About the terms of the agreement

The schedule of a part-time worker differs from the schedule of the main employee. At the same time, he has the same rights as other employees.

The following are the key conditions that characterize an employment contract with a part-time worker.

Upon hiring, a separate agreement is concluded.
Part-time work involves regular work in your free time (as opposed to part-time work).
Working time in this case is limited; it amounts to 50% of the standard hours at the main job. Thus, for a standard 8-hour day, the maximum allowable norm for a part-time position will be 4 hours a day. However, this does not apply to days when the employee is not working at his main job, including weekends.
Remuneration is made at the same rates as for permanent employees. The adjustment is made in proportion to working hours.
Part-time workers enjoy all social guarantees, which include sick leave and bonuses.
Part-time workers have the right to leave. Moreover, it must coincide in time with vacation from the main job, regardless of whether the employee has worked for 6 months by that time. If this period has not yet arrived, vacation pay is provided in advance.

Part-time work is regulated by Chapter 44 of the Labor Code. There are also some restrictions. In particular, a minor citizen or an employee whose main position involves working in hazardous conditions cannot become a part-time worker.

Internal and external part-time work

Conditions for accepting a part-time worker

part-time employment contract: sample 2020

Who should not be hired as a part-time partner?

A part-time employment contract 2020 is one of the types of contracts with an employee. A part-time worker is an employee who has another (main) job, but who is ready to perform additional work responsibilities - in the same or another organization.

There are two types of part-time work:

external - when a person has a second job in another company;
internal - when a person works in the same company, combining several positions.

Issues of part-time work are regulated by Chapter 44 of the Labor Code of the Russian Federation.

The peculiarities of such an entity as part-time work are necessarily reflected in the employment contract. It must be concluded in writing and in two copies - one is given to the person, the second is stored in the personnel department of the organization.

These features are as follows: Firstly, part-time work is regular and paid work, and a separate employment contract is concluded with the employee. The contract must clearly indicate that it is being concluded with a part-time partner.

Secondly, there are restrictions on working hours. It cannot occupy more than half the working day of an employee for whom similar work is the main one.

The exception is shifts (days) when a person is free from his main job - on such days he can work as a full-time part-time worker.

Thirdly, the remuneration system for such workers is based on the same principles as for others, but adjusted for the number of working hours. They are guaranteed by law all the allowances and concessions established for different categories of beneficiaries.

So, in terms of social protection, the company is obliged to pay part-time workers the same attention as all other employees.

Fourthly, such employees have the right to leave. Moreover, they must be granted this leave simultaneously with leave from their other, main job.

It does not depend either on the company’s vacation schedule or on the specific seasonal need for such an employee.

And even if the part-time worker has not worked for another 6 months, he must be granted leave in parallel with his main job in advance.

And finally, a child under 18 years old cannot become a part-time worker.

The contract must contain the following information and conditions:

Information about the employee (last name, first name, patronymic, passport details)
Information about the employer (company name, details)
The date and place where the contract was concluded. Usually only the city is indicated as the location.
The place where the employee’s work duties are performed (place of work).
Responsibilities of the employee as agreed between him and the employer.
Information about the working day (start and end time, time and duration of lunch break, etc.)
Start date of the employment relationship. It usually coincides with the date of the contract.
Information about wages: its size, rules of formation and other conditions.
It must be remembered that the salary of an employee under a contract must always be equal to the regional minimum wage - or rather, it has no right to be lower than this standard. But only for a full-time job - for a full-time job.
That is, for a part-time worker it is necessary to start from half the minimum wage (if the part-time worker works half the standard working time).
Working conditions - including an indication of harmful or dangerous working conditions and compensation for them.
Responsibilities of a newly hired employee and employer.
The contract duration is for fixed-term contracts.
It must be remembered that a contract with a part-time worker can be either fixed-term or indefinite. The conditions for concluding fixed-term contracts are strictly specified in the Labor Code and apply equally to regular work and part-time work.

For a part-time employee, the work record is not entered in the work book.

As follows from the above, a contract with a part-time worker differs little in form from a standard contract with an employee. The specifics of such work must be indicated in it, but they relate mainly to technical details - working time and rest, as well as wages.

Therefore, a sample part-time employment contract for 2018 can be made from any standard contract with employees of your company. But for convenience, the editors of the St. Petersburg Legal Portal provide here an already prepared sample part-time employment contract.

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A part-time employment contract is a fairly popular type of employment relationship. A part-time employee can be either an ordinary employee or the main manager.

Very often, such labor relations are confused with the concept of “combination”. To avoid such errors, it is necessary to study the issue of a part-time employment contract in 2020.

According to the Labor Code of the Russian Federation, part-time work is work performed in free time from the main job.

Internal part-time job	An employee performs several types of work in one organization
Partnership	The worker cooperates with several enterprises at once and has 2 or more employers

A part-time employment contract is drawn up in writing. This type of labor relationship has its own characteristics:

a mandatory clause in the contract indicates that the employee works part-time;
the operating mode should not exceed 4 hours/day;
part-time leave must coincide with leave at the main place of work;
wages must correspond to the time worked;
the contract may be of a fixed-term nature (have a certain period of validity);
It is not allowed to draw up an agreement with minor citizens;
the contract should not infringe on the employee’s rights described in labor legislation.

The process of registering a part-time TD requires the fulfillment of the main condition - taking into account that the employee already has a main job.

Rights and obligations of employer and employee	The first person can enter into, change and terminate a deal, monitor the quality performance of duties, etc., and the second person is obliged to fulfill all the terms of the contract and comply with the job description
Operating mode standards	For this type of TD, working hours are limited to 4 hours per day or 20 hours per week
Salary	Salary is determined by the number of hours worked or depending on the volume of work

Employees who have worked on a part-time basis for more than 2 years are entitled to benefits for pregnancy, childbirth, and temporary incapacity.

Determining the vacation period	Vacation time for a part-time job is determined solely by providing a document from the main place and is duplicated
Procedure for dismissal	This event must comply with the provisions of the Labor Code of the Russian Federation; in special cases, warning the employee 2 months before the termination of the contract is allowed
Urgency of the document	By agreement of the parties, the contract may be indefinite or have a certain period of validity

General scheme of action

Part-time TD is intended to regulate relations between a manager and an employee. The contract must specify the terms of employment, job responsibilities and management requirements.

The reasons for drawing up the document are:

shortage of work tasks at the main place of work;
temporary cessation of the main activity due to non-payment or delays of wages;
removal of an employee from his duties due to refusal to transfer to a new position.

The agreement is concluded based on a written application from the employee. Copies of the order from the previous place of employment, a passport, documents on education or advanced training of the employee, certificates of the nature of work, a copy of the work record or its extract certifying the length of service, documents that confirm the qualification level are also provided.

The sample TD for part-time work for 2020 must comply with the norms of the Labor Code of the Russian Federation. Additionally, you can enter the following information:

frequency of salary payments;
duration of internship (if any);
list of papers required when applying for a job;
internal documentation for mandatory review.

In general, part-time work can be of several types:

internal - in this case, the employee works in a second job at the same enterprise, which is the main place of work;
external - in this case, the place of main work differs from the place of additional work.

An internal part-time contract must also be concluded. It must be taken into account that it is not necessary to make an entry in the work book of a part-time employee: if the employee does not want a record of work to be included in the document, then the entry does not need to be made.

An employment contract with a part-time employee includes all mandatory conditions provided for by labor legislation. However, the contract with a part-time partner also has some features:

The position of a part-time worker may coincide with the position at the main place of work, this is not prohibited (in this case, exceptions are provided);
The contract with the employee must reflect that this work is not the main one for the employee;
An employment contract with a part-time worker can be concluded for a specific period if both parties agree - in this case, it is necessary to indicate the condition that the contract is fixed-term. For example, an employee may be hired to replace an employee who is temporarily absent - in this case, the contract will be concluded for the period until he appears at work;
An employment contract for part-time work may contain information about the probationary period (a part-time employee may refer to employees for whom a probationary period is not established);
A mandatory condition is that the employee is assigned part-time work;
The part-time contract (we will provide a sample at the end of the article) contains information about the employee’s remuneration: it should be set in proportion to the time worked, or on other conditions stipulated in the contract.

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Nature of the employment contract

An employment contract with an external part-time worker can be fixed-term or indefinite . The procedure for concluding each of these employment contracts has its own characteristics:

A fixed-term employment contract has a validity period , which is indicated in the document. Signing an urgent document is allowed only with the consent of both parties , who first discuss a deadline that suits everyone.
Indefinite - this form of employment contract implies that the document does not establish restrictions on the duration of its validity . The contract is terminated at the initiative of one of the parties, or by agreement of the parties.

ATTENTION! A fixed-term contract becomes indefinite if, after its expiration date, neither party demands its termination .

An open-ended contract is preferable for an employee because it is permanent in nature.

A fixed-term contract is more profitable for the employer , as it makes it possible to attract an employee for the required period and make the most effective use of his work without extra cash costs.