Internal part-time job - how to register him, taking into account all the nuances of employment, work and rest hours? We’ll talk about this in this article, and also give explanations on how to prevent erroneous substitution of the concepts of “part-time work” and “combination”.

Part-time and internal part-time work - work for one employer. What is the difference

Before starting to draw up an internal part-time contract, it is necessary to clearly determine whether it is such. There is another form of imposing additional labor responsibilities- combination of positions. The latter option is convenient in cases where you need to redistribute the responsibilities of an absent employee among other employees with appropriate remuneration for their labor.

What are the similarities and differences between the types of registration for work with one employer in addition to the main ones? job responsibilities, consider in the table below:

Comparison options	Combination	Internal part-time job
Initiative form	Consent to combine positions	Application for a job
Probation		Available
Admission restrictions		Yes (age up to 18 years, employment at the main workplace in difficult working conditions, management vehicles and etc.)
Employment contract (TD)	No - formalized by order and additional agreement to the current TD	Concluded upon admission (Part 4 of Article 282, Part 2 of Article 59 of the Labor Code of the Russian Federation) indicating that the work is an internal part-time job
Time and duration of work	Work duties for both positions (main and part-time) are performed within one working day without the use of additional time	Performing official duties at the main place of work outside the working day or on weekends, the duration of the working day is no more than 4 hours, the duration of work per month is not more than half monthly norm working time (Part 1 of Article 284 of the Labor Code of the Russian Federation) based on the procedure for calculating employment standards (approved by order of the Ministry of Health and Social Development of the Russian Federation dated August 13, 2009 No. 588n)
Salary	Additional payment for combination	Payment as under a separate employment contract
Annual paid leave and vacation pay	It is given according to the main place of work; it is not allocated separately for the combined position. Vacation pay is calculated taking into account the additional payment for combining	Provided for both positions, for a combined position - together with leave for the main one. Vacation pay is accrued for each workplace
Termination of the contract	Upon expiration of the agreement. Early termination with 3 working days notice (clause 4 of Article 60.2 of the Labor Code of the Russian Federation).	Terminates on a general basis. If the TD is urgent, after its expiration date. With a warning from the employer 2 weeks in advance - if an employee for whom this position will be the main one is hired to replace a part-time worker (Article 288 of the Labor Code).

IMPORTANT! When registering an employee for internal part-time work, the position and profession at the main place should not be taken into account if they do not fall under the prohibition established in paragraph. 5 tbsp. 282 Labor Code of the Russian Federation. An employee can work part-time in the same position as in his main place (letter of Rostrud “On the right of an employee...” dated June 18, 2012 No. 873-6-1).

If there is only one employer: is special registration required for part-time work?

When hiring an employee for an internal part-time job (at the same enterprise), the employer may think that it is enough to conclude an additional agreement with the employee to the main contract. After all, a personal file has already been opened, all documents have been provided by the employee, and the part-time position may be similar to the main one.

However, this opinion is erroneous. Such work is formalized exclusively through the conclusion of an employment contract with a mandatory note on the part-time nature of the work (Part 4 of Article 282 of the Labor Code of the Russian Federation). In addition, if a position in this secondary employment requires specific skills that were not required for the main position, the employer has the right to require documents to confirm qualifications (Article 283 of the Labor Code of the Russian Federation).

Part-time internal work - how to register correctly

A part-time worker hired for an internal part-time position already has a personal file with necessary documents at the main place of business. However, part-time work involves, among other things, employment in another position, for which a new personal file is being created. Here not only copies of personal documents will be collected, but also administrative acts of the enterprise on personnel movements of the new employee.

Of the documents, which are the responsibility of a newly hired employee, Art. 283 of the Labor Code of the Russian Federation stipulates only documents on qualifications and education required in a new place.

IMPORTANT! IN work book for an internal part-time worker, a record of additional employment is made only at the request of the employee, as well as a record of his dismissal from an internal part-time job (Part 5 of Article 66 of the Labor Code of the Russian Federation).

Sample application for internal part-time job

The Labor Code does not regulate the mandatory execution of an application when applying for an internal part-time job. Therefore, such a statement does not have a unified form and is written in any form. We offer the following application form:

	(to whom - position, full name of the manager) ____________________________________________________ (name of company) from ___________________________________________________ (position, full name of employee)
STATEMENT Please hire me as an internal part-time employee for the position __________________________________________________________________________________ (job title) V _________________________________________________________________________________ (structural subdivision) from ________________ year with a working week of _______ hours. (start date)
____________________________	_____________________ (Signature)	______________________________

How the dismissal of an internal part-time worker is formalized: nuances

If a part-time worker is dismissed from his main job, the so-called reformatting takes place - the part-time position becomes the main one. To do this, the contract at the main place of work is terminated, and a corresponding entry is made in the work book.

IMPORTANT! The fact of dismissal from the main job does not automatically make the contract for part-time work the main one. The part-time worker’s employment agreement is amended (by an additional agreement) to the effect that the work has become the main one. Also, in this case, the conditions regarding the regime, work hours, and payment may be changed (letter of Rostrud No. 4299-6-1 dated October 22, 2007).

To correctly record entries in the work book, the following points must be taken into account:

• if there was no record of a part-time job: after the record of dismissal from the main job, a record is made about the employee’s placement in a job indicating the terms of the part-time job;
• if a record of part-time work is made: after indicating dismissal from the main position, a record is made that from the specified date the work in the position (formerly part-time) became the main one.

If we are talking about dismissal from an additional position or from both at once, the procedure is carried out in general procedure— preliminary submission by the employee of an application and termination of the TD.

When hiring an internal part-time worker, it is necessary to take into account a number of legislative nuances, including the following:

• the application for internal part-time work is written in any form;
• a separate employment agreement is concluded with a part-time employee with a note about part-time work;
• An employee can perform part-time work in his free time from his main job and for no more than 4 hours a day;
• an entry about part-time work is made in the work book only if the employee himself expresses his will;
• The dismissal of a part-time worker is carried out on a general basis.

Part-time work is a form of secondary employment. Guided by the rights granted by the Constitution, citizens have the right to freely and at their own discretion dispose of their work abilities. Prohibitions and restrictions are possible only in exceptional cases and only when provided for by law. Internal and external part-time work involves working outside of regular working hours. The article we bring to your attention tells how to correctly formalize an internal part-time job, contains a sample employment order, and talks about some current issues.

Internal part-time work: difference from external and from combining professions (positions)

The legislation provides for several ways to work additionally - combining positions, as well as external or internal part-time work. Despite the commonality of legal consequences, these types labor relations differ in their design requirements. So when combining, unlike part-time, a new employment contract is not concluded. The assigned “new” work (combined) is performed within the framework of an existing employment agreement. In this case, the parties can sign an additional agreement to the main employment contract. This, it should be noted, is one of the reasons that a part-time job can be both internal and external (with another employer), but a part-time job cannot be external. When working for another employer, a mandatory requirement will be the conclusion of a new employment contract (with the new employer). And the legislation does not provide for the performance of work duties for different employers within the same time period.

Legal restrictions

Expert opinion

Andrey Leroux

More than 15 years of experience. Specialization: contract law, criminal law, general theory of law, banking law, civil procedure

A number of articles Labor Code establishes prohibitions on attracting employees to part-time jobs. Yes, Art. 282 of the Labor Code prohibits engaging in part-time work:

• minor workers;
• workers employed in hazardous industries under the main contract, to similar work on a part-time basis;
• workers with dangerous conditions work under the main contract, to work on a part-time basis, if it also falls into the category of dangerous.

Art. 329 of the Labor Code of the Russian Federation prohibits the involvement of drivers and vehicles and dispatchers in part-time work to manage the operation of vehicles, if the part-time work will also be related to driving vehicles.
In addition to the Labor Code, restrictions on internal part-time work exist in a number of framework laws regulating the activities of certain government agencies. So, in accordance with specialized regulations, operational employees of the Ministry of Internal Affairs and its divisions, prosecutors, judges, as well as officials of state and municipal bodies cannot be involved in internal part-time work.

Registration of internal part-time work

Since internal part-time work involves another job, when registering an employee it is necessary to take into account the following main points:

• availability of a position in the staff list,
• the need to draw up a new employment contract,
• issuing a hiring order,
• separate accounting of time worked.

Despite the fact that the staffing table is not mandatory for the employer, it is not possible to conduct business without this document, even if there is a minimum staff of employees. All positions held by employees or those that are planned to be filled must be taken into account in the staffing table. The position for which part-time work is expected must also be in the staffing table.

The only document that, according to the law, is required when applying for a part-time job, especially for an employer, is a document on education. But only in cases where such a document is required to perform such work (for example, according to job description). Of course, in the absence of such a document in the employer’s personnel department, where it may be in connection with the performance of the main job. Accordingly, the HR officer should already have the remaining documents for the employee.

An employment contract for part-time work is concluded in accordance with the general rules provided for employment agreements. At the same time, in addition to the basic information and conditions that must be included in it, the contract must indicate the nature of the work - part-time work.

This must be done because, firstly, this is a legal requirement, and secondly, certain legal consequences are associated with this condition.

An employee working part-time should not perform work at an additional place of work for more than four hours a day, which is regulated by Article 284 of the Labor Code of the Russian Federation. Due to this temporary limitation on the performance of part-time functions, Article 91 of the Labor Code of the Russian Federation introduces requirements for organizing the recording of working time spent by an employee on part-time activities.

It is worth noting here that in the event of unemployment at the main job, the total working time still cannot exceed the eight-hour norm established by law. In a normal case, at two jobs, an employee would work twelve hours. Since payment for internal part-time work is made in proportion to the working time worked, the additional four hours will also be paid to the employee.

The Labor Code of the Russian Federation relates to the possibility of concluding a fixed-term employment contract. Of course, it is not necessary to conclude an agreement for a period of time and such an agreement can be indefinite. But if the parties decide to indicate the term of the contract, and this is already the rule for fixed-term contracts, then a separate clause in the contract must indicate the basis on which the fixed-term contract is concluded - part-time work.

An order for part-time employment is issued after signing an employment contract and on the basis of the information contained in it. Just as it requires an indication of the duration and nature of the work. If the part-time agreement is fixed-term, you will need to indicate the date of termination of the agreement. Since the working hours of a part-time worker will differ from the working hours of other employees for whom it is established by local regulations (collective agreement, internal labor regulations), the start and end times of work for a part-time worker must be indicated separately. These conditions are also included in the order on the basis of an employment agreement.

The order issuing admission on the terms of internal part-time work must contain the following information:

• Full name of the entrepreneur (name of the employer),
• order number and date,
• Full name of the employee being hired,
• the position for which the employee is hired,
• division (department, section) to which the employee is accepted,
• date of start of work and end of work (for a fixed-term contract),
• duration and working hours,
• probationary period condition
• signature individual entrepreneur(manager) in the order,
• signature from the employee confirming familiarization with the order.

The law does not oblige the employer to enter information about part-time work in the employee’s work book. However, by virtue of Art. 66 of the Labor Code of the Russian Federation, he will be obliged to do this if the employee wishes to do so. To correctly formalize internal part-time work, see the sample employment order.

Part-time work for one position: how to register correctly

It sometimes happens that for a long time, something remains vacant workplace. At the same time, other employees with sufficient qualifications and experience to take this place work in similar positions in the organization. For example, in the economic planning department there is a vacant position for an economist. At the same time, several people occupying the same position of economist work in the same department. In such cases, employers are wondering: is it possible to work part-time in one position, and how to apply for it.

When deciding to accept an employee for a position identical to the one in which he is already performing his job duties, one must keep in mind that the question of the possibility of holding multiple positions in the same positions is controversial. Such uncertainty arose due to the adoption of numerous amendments in 2006 to the Labor Code of the Russian Federation. If in the previous edition this normative act directly prohibited such combinations, then with the interpretation modern provisions Code there are disagreements. The well-known letter of Rostrud dated June 18, 2012 No. 873-6-1 did not change the situation.

The essence of the problem is that, according to labor law, part-time work means that employees perform “other” work. Some specialists understand this term as work under another employment contract, while others mean work involving the performance of other labor functions. The letter from Rostrud only stated the fact that the previous norms have been canceled (Article 98 of the Labor Code of the Russian Federation has lost force), and new ones have been introduced - Art. 60.1 Labor Code of the Russian Federation. This information letter does not provide any interpretation of the newly introduced regulations.

As a result, the employer is forced to act at his own peril and risk. As in every uncertain situation, the employer, when making decisions on part-time work in a similar position, must proceed from the inadmissibility of infringing on the basic labor rights of the employee. The Labor Inspectorate, when conducting an inspection, will carefully evaluate each such case. And if, for example, it turns out that by concluding such an agreement, the employer sought to deprive the employee of the right to increased pay overtime, then the inspectorate will issue a decision to impose a fine. Therefore, in all cases, hiring for the same position must have objective and legal grounds. Such work must be beneficial to the employee and performed with his consent.

Registration of such a part-time job occurs according to the general rules for hiring part-time workers. At the same time, the staffing table must provide for a corresponding similar vacant position. When drawing up an agreement, you need to pay attention so that the start and end times of working hours under the new agreement do not overlap with the hours during which the employee will be busy with his main job. Otherwise, it will no longer be a part-time job, but a combination.

The order form for admission on the terms of internal part-time work can be downloaded on the website.

How to correctly indicate the salary in the staffing table for a part-time worker?

Question: An employee is hired at 0.5 rates. The staffing table establishes a salary of 6,000 rubles, and in the “Total” column the amount of 3,000 rubles is indicated. Is it correct? In the employment contract, in the paragraph “Terms of remuneration”, I stipulated: “5.1. The Employer establishes for the Employee wages in the amount of 3000 (three thousand) rubles, 0.5 rates based on the norm of a 20-hour working week."Is this correct, or should I formulate it somehow differently?

The order should be formulated: 1. Full name - from __________ year to be accepted into the medical center for a position nurse for external part-time work at 0.5 rates with an official salary of 3,000 (three thousand) rubles. Or1. Full name - from _____ 2015, be hired at a medical center as a nurse on an external part-time basis at 0.5 times the rate per 20 hours working week with an official salary of 6,000 (six thousand) rubles with wages in proportion to the time worked.

Answer: The employment order is drawn up on the basis of an employment contract. Therefore, the wording in these documents must be consistent.

The employment contract and employment order must establish how the employee’s remuneration will be calculated. Therefore, in these documents it should be indicated that the employee is hired at 0.5 times the rate and the full salary for this position (6,000 rubles). It is also necessary to establish the exact duration of working hours (20 hours per week).

The option “Full name – from _____ 2015, hire a nurse to the medical center as an external part-time nurse at 0.5 rates with a 20-hour work week with an official salary of 6,000 (six thousand) rubles with wages in proportion to the time worked” is more correct.

The rationale for this position is given below in the materials of the Personnel System

How to create a staffing schedule

How to fill out the staffing form. The staffing table, unlike the staffing arrangement, is an impersonal document. It does not indicate specific employees, but the number of positions in the organization and salaries for them. Employees are appointed to positions by orders of the manager after the approval of the schedule.

Is it necessary to indicate positions or other information about part-time workers in the staffing table? As a general rule, the staffing table must indicate all staff positions (including part-time ones), regardless of who they will be occupied subsequently: part-time workers or main part-time employees.

If an organization uses a unified form No. T-3, then there is no need to prescribe the conditions under which employees work, since the staffing table includes information about the number of staff units. For example, if in the staffing table in the column “Number of staff units” the value is 0.5, this does not mean that the rate is being replaced by a part-time employee. The main employee can also receive half the rate, for example, in the case of combining professions (positions) (Part 2 of Article 60.2 of the Labor Code of the Russian Federation).

If an organization uses an independently developed staffing form, then, if necessary, it can provide a special line in the form for entering information about part-time employees.

How to apply for hiring an employee

Hire an employee by order issued on the basis of a concluded employment contract. We have presented a sample part-time employment contract at 0-5 rates below.

The contents of the order must comply with the terms of the contract. This is stated in Part 1 of Article 68 of the Labor Code of the Russian Federation. For persons with whom the organization will enter into civil contracts (contracts, paid services, etc.), admission orders are not needed. Labor legislation does not apply to them ().

Issue an employment order using the unified form No. T-1, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, or using a self-developed form.

The employee must be familiarized with the order for his employment within three days from the moment he actually started work. The order is brought to his attention against signature. Before concluding an employment contract, the employee must be familiarized (with signature) with the Labor Regulations, the collective agreement and other internal documents regulating labor activities. This procedure is provided for by parts of Article 68 of the Labor Code of the Russian Federation.

We reflect part-time pay in the staffing table

The search for a new employee and his hiring is preceded by the appearance of a vacancy in the organization’s staffing table. If a part-time position is vacant, the employer has a choice: to hire a part-time employee or an employee who will work at the main place of work on a part-time basis. This difference is not reflected in the staffing table (sample below).

Example:

When filling out the staffing table, in column 3 “Number of staff units” indicated the rate (0.5), in column 4 “Salary” - full-time salary (RUB 20,000), in column 5 “Total per month” - the product of column 3 and 4 (10,000 rub.). Thus, the salary according to the staffing table for a part-time worker or a main employee hired on a part-time basis will be 10,000 rubles.

Conclusion and sample part-time employment contract for 0 5 rates

The employment contract must indicate whether the employee’s work is the main one or a part-time job. Accordingly, in the contract with a part-time worker, include the wording: “The work under this employment contract is a part-time job for the Employee,” and in the contract with the main part-time employee, “The work under this employment contract is the main one for the Employee.” See below for a sample part-time employment contract at 0-5 rates.

Mandatory for inclusion in the employment contract with such employees is a condition on working hours, since for them it differs from general rules operating in the organization (Article 57 of the Labor Code of the Russian Federation). The contract must specify the employee’s specific working hours.

In addition, the employment contract must specify the terms of remuneration (including the size of the tariff rate or salary, additional payments, allowances and incentive payments). When hiring an employee on a part-time basis, the salary is indicated in accordance with the staffing table, that is, in full, but payment is made in proportion to the time worked or depending on the amount of work performed.

The same method of setting wages can be used when hiring a part-time worker (sample below). However, the work of a part-time worker can be paid on other conditions determined by the employment contract (Article 285 of the Labor Code of the Russian Federation).

Example:

The Perm regional branch of the Federal Social Insurance Fund of Russia challenged in court the disproportionality of the salary of the lawyer of Pravo LLC, Yulia Shch., who works part-time. Yulia Shch.’s employment contract did not establish the principle of proportionality of remuneration to time worked. According to the organization, maternity benefits should be calculated based on this principle. LLC "Pravo" calculated the benefit based on the calculation of the salary of a full-time staff unit with an eight-hour working day. Based on Article 285 of the Labor Code, the court recognized the actions of Pravo LLC as lawful and indicated that determining the proportional ratio of earnings to time worked when working part-time is not mandatory (Resolution of the Federal Antimonopoly Service of the Ural District dated April 14, 2010 No. F09-2327/10- C2).

To avoid questions from inspection bodies and employee complaints of discrimination, do not set different salaries for the same position (Article 2 of the Labor Code of the Russian Federation). If you want to pay a part-time worker a higher salary, enter categories by position into the staffing table or set a salary bonus.

Combining positions in one organization is a fairly common practice, especially today, when, due to the economic crisis, people are looking for all kinds of part-time jobs and quite rightly give preference to additional paid workload at their main, proven place of work. For an organization in such a situation, it is important to understand how the fact of assigning additional responsibilities to an employee can be formalized. About it we'll talk in the article.

Internal part-time and internal combination of positions: the difference in the formalization of relationships

An employee of the company, who is already on staff and performs a certain amount of work, decides to take on an additional load that goes beyond the scope of his current job functionality. How can he do this?

Essentially, in this case, independent labor relations between the company and the specialist come into force, which can be formalized in 2 forms:

• internal part-time job;
• combination of positions (professions).

There is a fundamental difference between the two forms that the company must understand. Namely: internal part-time work means performing work unrelated to the main one, at a time that is not occupied by the specialist’s main activity (Article 60.1, 282 of the Labor Code of the Russian Federation). In other words, the second job (internal part-time) is performed completely outside the scope of the employee’s main position.

Example:

G.V. Ivanov works as a mechanic at a manufacturing enterprise. The working day of a mechanic in production is from 9:00 to 18:00. At the same time, he decides to get a part-time job as a cleaner at the same company. He performs the labor functions of a cleaner after his working day as a mechanic ends, i.e. from 18:00 to 21:00. in this case he does not combine positions, but performs the functions of a cleaner as his additional job on an internal part-time basis in the same company.

Internal combination of positions assumes that a specialist continues to work within the framework of his main job duties and, in addition, during the generally established working day manages to perform other functions corresponding to another position. That is, a specialist is engaged in work to combine another position in parallel with his main work, at the same time (Article 60.2, 151 of the Labor Code of the Russian Federation).

Example:

G.V. Ivanov from the previous example works as a mechanic, but in addition, during the working day (from 9:00 to 18:00) he also has time to clean the workshop. Such relationships can be formalized as a combination of the professions of a mechanic and a cleaner within one production enterprise.

The above features also determine differences in the design of labor relations. Namely: for an internal part-time worker it is necessary to draw up a separate employment contract. When combining positions, the previous employment contract is sufficient, but an additional agreement must be issued to it.

Work on combining positions: registration

If an employee wants and can work in 2 positions in the company at the same time, then the preferable option for him is to formalize additional relations with the employer in the form of combining positions. But for this it is important that the specifics of the work allow it to be performed without release from the main activity and at the main workplace. Therefore, if the second position requires, for example, moving from the main place of work (to another workshop), then such additional workload on the employee should be formalized as an internal part-time job, and not as work to combine positions.

The company can formalize the combination of positions by an additional agreement to the employee’s current employment contract, which, in particular, will specify what position he intends to combine, as well as the period during which the combination of positions will take place (Article 72 of the Labor Code of the Russian Federation).

In addition, for work combining positions, the employee must, by virtue of Art. 60.2 of the Labor Code of the Russian Federation, receive an additional payment, the amount (or calculation method) of which should also be fixed in an additional agreement to the employment contract.

The grounds for drawing up such an agreement when combining positions are the following documents (depending on who initiated the combination):

• the company’s proposal to combine positions signed by the employee;
• application from an employee requesting permission to combine positions.

At the same time, it is important for the company to remember that in the work book of a specialist who combines several positions, there is no need to reflect the fact of combination, since such an obligation is not provided for by law.

In addition, companies often have a question: should the time spent by a specialist on a combined position be recorded in a time sheet? In accordance with labor laws combination work is not highlighted separately in the report card. After all, an employee performs combined work in parallel, at the same time in which he is busy with his main job. Therefore, only the hours spent on the main work need to be recorded in the time sheet.

Order on internal combination - sample

After signing the additional agreement, the company should issue a corresponding order.

Russian labor legislation does not contain a specific unified form for such an order.

At the same time, it should indicate which positions the employee will combine, for what period and for what additional payment. In this case, as a basis for combination, the order must specify the details of the additional agreement drawn up with the employee.

A sample order can be viewed on our website:

Completion of combining positions

As stated above, if a company organizes a combination of positions, then the period during which such combination will be valid is determined in advance. Therefore, the question arises: what will happen after this period?

The combination ceases to be valid, i.e. the employee is further obliged to perform only his main duties. At the same time, the legislator does not provide for the need to draw up any special document closing the combination.

Therefore, everything here remains at the discretion of the company: you can issue a special order that terminates the employee’s combined powers, or you don’t have to do this - the combination will still be considered completed (unless the company has issued another order extending the employee’s combined powers).

In addition, the Labor Code of the Russian Federation establishes that at any time, both one and the other party can stop combining unilaterally (Article 60.2 of the Labor Code of the Russian Federation). To do this, you simply need to send the appropriate notice (if the initiator of the cancellation is a company) or a statement (if the initiator is an employee) to the other party no later than 3 business days in advance.

ATTENTION! If the initiator of the termination of the combination is the company, then it makes sense for it to acquaint the employee with the relevant notice against a receipt, so that later it does not turn out that he, since he knew nothing about the cancellation, continued to work for some time, combining 2 positions, for which he demands appropriate remuneration.

Internal part-time work according to the Labor Code of the Russian Federation

An internal part-time worker, unlike a specialist who combines positions, by virtue of the Labor Code of the Russian Federation, works in the main company in a second, additional job, but at a time that is not occupied by the main activity (Article 282, 60.1 of the Labor Code of the Russian Federation).

The Labor Code of the Russian Federation establishes a number of restrictions regarding how much working time an employee can spend on part-time work. So, if a specialist within the same organization in different time works in two different positions, the Labor Code of the Russian Federation allows the maximum additional workload to be performed no more than 4 hours a day.

IMPORTANT! If there is a day when an employee is released from his main job for some reason, he can do part-time work throughout the working day.

For a month in the aggregate, a part-time employee has the right to work no more than half of the monthly standard of time established for the category of workers to which he belongs (Article 284 of the Labor Code of the Russian Federation). However, sometimes an employee has the right not to be guided by the specified limit.

For more information about how much time an employee has the right to spend on part-time work, see the article “Part-time work—how many hours per week?” .

No less important question both for internal part-time workers and for their employers: how to pay for such work? Art. 285 of the Labor Code of the Russian Federation says that payment must be established in one of 3 ways:

• in proportion to the time spent working;
• according to a piecework scheme;
• on other conditions provided for in the employment contract.

For details on additional payments up to the minimum wage for internal part-time workers, see the article “Additional payment up to the minimum wage for external and internal part-time workers” .

In addition to the above, companies should keep in mind that if they have someone on their staff who works part-time in addition to their main job, then they are also entitled to leave of at least 28 days (Articles 114, 115 of the Labor Code of the Russian Federation). It is combined with vacation in the main position in time, however, vacation pay is accrued separately for the main position and separately for the combined work, since the employee has 2 independent employment contracts with the company (Articles 286, 287 of the Labor Code of the Russian Federation).

An important issue that concerns, in particular, part-time women, concerns the provision of maternity benefits to them.

Read more about this in the article “Maternity benefits for part-time workers” .

How to apply for an internal part-time job

As stated above, when working on a part-time basis, a separate employment contract is drawn up. At the same time, he is subject to all the requirements that apply to similar contracts with regular full-time employees (not part-time employees).

ATTENTION! Employment contracts for internal part-time workers there should be exactly two: by main job and part-time.

In particular, the employment contract must contain information about:

• companies;
• a position that a specialist undertakes to perform in addition to his main job;
• wage system;
• work and rest regime, etc. (Article 57 of the Labor Code of the Russian Federation).

As a general rule, such an agreement must be drawn up in writing, in 2 copies (one for the company and one for the employee).

ATTENTION! The employment contract must include information that the employee holds the position on an internal part-time basis.

Order and application for internal part-time work

According to the norms of the Labor Code of the Russian Federation, in order for an employment contract with an internal part-time worker to be considered concluded, such a specialist, among other documents, must submit to the company an application for employment on an internal part-time basis, in which, in particular, it should be indicated what additional work he intends to take on the employee, as well as at what hours he will perform it.

The prepared application must be submitted in writing to the company's human resources department.

As a general rule, after an employment contract is concluded, the company must issue an order confirming the hiring of a specialist (Article 68 of the Labor Code of the Russian Federation). The same is true for internal part-time workers. This means that orders to hire such an employee there will be two : for the main place and part-time.

At the same time, there is a unified form of such an order (No. T-1), which you can download on our website.

In such an order, it is important to reflect the very fact of internal part-time work, and in addition, indicate the basic conditions of the specialist’s work, its nature and the mechanism of remuneration.

Results

Registration of imposing additional workload on a company employee can be expressed in 2 forms: internal part-time work and combination of positions. If an employee intends to perform labor functions in a position that requires distraction from his main job, then such labor relations must be formalized in the form of a separate employment contract on internal part-time work. At the same time, it is important for the company not to forget to receive a corresponding application from the employee, as well as issue an order to hire an internal part-time worker. If the additional position does not involve distraction from the main job, then the specialist can combine them, that is, work at the same time in several positions in the company. Registration of internal combination of positions is carried out by signing an additional agreement to an existing employment contract. The company should also receive a corresponding signed application from the employee and formulate an order to organize the combination of positions.

Gives each person the opportunity to work two or even more jobs at once. Employers can find a qualified employee for a vacant position, even if he is employed. Registration of a part-time worker has its own characteristics, and therefore its reception must be carried out in accordance with the established procedure.

The basic rules are related to the execution of an employment contract, as well as making an entry about part-time work in the work book. It must not only state that the employee is a part-time employee, but also indicate that he will perform duties in his free time from his main job. And also receive half of the established salary for the position. In this case, it is necessary to carry out the correct execution of the order, which should indicate the working conditions.

Procedure and rules for issuing an order for part-time employment

The procedure for hiring a part-time worker can be described by the following algorithm:

• To begin with, the employee writes a statement indicating a request to be accepted for a vacant position;
• The employee provides a package of documentation required by the employer;
• He gets acquainted with the regulations of the enterprise, after which he signs an employment contract, which should mention the fact of combination;
• The employer issues an order on part-time work;
• The employee gets acquainted with this order, after which a personal card is created for him.

The basis for the publication of this document is an already signed agreement. A link to it must be included in the order.

What salary should I indicate in the part-time order?

The fact of working with a part-time worker also has its advantages for employers. One of them is the possibility of hiring an employee not full-time. Because maximum time, which the employee works should not exceed half of the established norm, then the salary should not be more than 0.5 times the rate.

The appropriate size should be mentioned in the contract. In this case, you can refer to the staffing table, but it is recommended to write down the specific amount of payment as a number.

Sample order for part-time part-time job

The form of the corresponding order is unified by the Government (form - T-1) and approved by the State Statistics Committee.

It should contain the following information:

• Full name of the employee;
• Date of employment;
• Position and structural unit;
• Mention of part-time work;
• The specific bet size as a number.

If there is a test, this is also recorded in the order. At the end there is a link to the agreement, and the manager puts his signature. The employee himself also signs, confirming familiarization with the order.

Sample order for admission to external part-time job

The procedure for hiring an external part-time employee and issuing an order differs little from the general rules for the employment of citizens. Please pay attention to the “Conditions of Employment”. It is in this line that the fact of external part-time work is indicated and the working hours are prescribed along with the payment procedure.

Order for transfer to permanent job from part-time job - sample

If a person quits his main job, then part-time work can become a permanent job for him. To do this, personnel officers fire a person from a part-time job and rehire him for the same position. Therefore, a standard order form will be appropriate. You can also use the following form order for translation In this case, you will have to draw up an additional agreement.

Sample order for part-time dismissal

For dismissal, a unified form is also used - in this case T-8. It states exact date termination of the contract, as well as grounds for termination of employment relations. The employer must sign, and the employee must confirm with a signature the fact of familiarization with the order.

Order on removal from part-time work - sample

There is no standard form for a withdrawal order. Therefore, you can use a free form. In the order, referring to Article 60.2 of the Labor Code of the Russian Federation, the employer orders the cancellation of additional work. At the same time, the fact of the consent of the employee himself is mentioned. Additionally, the manager orders the termination of additional payments for the fact of combining several positions. The basis for issuing the order is an additional agreement.