What documents should be required when hiring an external part-time worker?

Who is prohibited from working in an additional position?

Everyone has the right to freely manage their labor opportunities and have as many jobs as they can handle. Only the legislator has the right to impose restrictions on additional employment. Part-time work is prohibited for:

• minors;
• citizens employed in harmful or dangerous work, provided that the additional place requires work in harmful or dangerous conditions;
• company managers who work this way only with the permission of the company owner;
• workers who perform a function related to driving a vehicle, if at another job they will perform the same function;
• athletes and coaches who work this way only with the permission of the main employer;
• civil and municipal employees, employees of the Central Bank of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation, lawyers, prosecutors, unless we are talking about creative or teaching activities.

Certificate from main place of work

This document is a very important and mandatory point.

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

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

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

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

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

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

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

What documents are needed for registration?

Official registration of a part-time job involves the employee providing the following documents:

• passports;
• military ID for citizens liable for military service;
• documents on education and qualifications, if they need to be confirmed before the new employer;
• SNILS or registration document in the individual accounting system;
• a certificate of no criminal record, if required by the position held by the citizen;
• a certificate from the main place stating that the main employment does not involve harmful or dangerous conditions, if the additional place involves working in harmful or dangerous conditions, or a certificate stating that the main place does not involve driving vehicles, if such employment involves a new place;
• permission from the main employer for athletes or coaches, and for a manager - permission from the owner of the company.

The additional employer does not have the right to demand the original work book; it is kept by the main employer throughout the employee’s work.

How to arrange them correctly

The document flow and procedure for hiring an external and internal part-time worker are no different. Upon employment:

• A person approaches the head of the enterprise with a statement. The document must indicate the form of employment – ​​“part-time”.
• After the employer approves the application, the HR employee issues an order and draws up an employment contract in 2 copies.
• The employment order specifies the condition of part-time employment. On the form, the employee signs that he has read it.
• The agreement is signed by both parties (manager and hired person). One copy is kept in the organization, the second is handed over to the employee.
• A job description is developed for the employee as an annex document to the contract. If the agreement contains a detailed description of responsibilities, instructions may be missing.
• The person is assigned a personnel number, and a personal accounting card is created for him in the T-2 form.
• The newly hired employee is introduced to the working conditions and given instructions on labor protection, which he signs in the log.
• Familiarization with the norms of local internal regulations is carried out - regulations on bonuses, collective agreement, etc. The documents include sheets for signature, through which the employee agrees with the provisions of the acts.

When an employee services material assets - cash, warehouse stocks, finished products - the employer additionally enters into an agreement with him on individual or collective responsibility (Article 244 of the Labor Code of the Russian Federation). with persons under 18 years of age .

Employment of part-time workers is accompanied by the submission of documents in accordance with the list established by Art. 65 Labor Code of the Russian Federation. The person being hired represents:

• Identity document – ​​passport.
• A copy of the work record book and pension insurance certificate (SNILS). The condition is mandatory for external part-time workers. Documents of internal part-time workers are copied from the appendices of the main contract.
• For those liable for military service - a military registration document.
• Certificate of health for positions that require such confirmation - sellers, canteen workers and others.
• For positions requiring special training - a document on education.
• When applying for a position that requires a clean criminal record, a relevant certificate is required.
• For persons of foreign nationality - permission from the migration service.

Standard or property deductions are not available to external part-time workers. The exception is cases in which the person has not declared a desire to receive a deduction at the main place of employment.

To receive a deduction, he must provide a certificate from his main place of work confirming the absence of benefits in the current year. The document is updated annually.

If a part-time partner claims a deduction, he will need to provide a certificate from the Federal Tax Service for property benefits or a birth certificate for children to receive a standard deduction.

After employment, the employer must provide information:

• To the commissariat if the employee is liable for military service.
• To the place of previous employment, if the person held a public position and the dismissal took place before the expiration of 2 years (Article 64.1 of the Labor Code of the Russian Federation).

An employee has the right to receive wages on any card if the company uses a non-cash form of payments. A person can provide information about his own current account to the accounting department. The employer does not have the right to refuse an external part-time worker’s request to use his card, even if transfers to the organization are made to another financial institution.

The pros and cons, as well as all aspects of such employment, are discussed in the following video:

How to apply for an internal part-time job

The Labor Code in Article 60.1 distinguishes two types of part-time work:

• external, when the main place of work and part-time work are different organizations;
• internal, when an employee holds another position with the same employer.

Registration of an internal part-time job begins with negotiations between the employee and the employer on concluding another employment contract for the vacant position. Negotiations are initiated by an application addressed to the employer. Based on the results of negotiations or on the basis of an application, an employment contract is concluded with the employee and an order is issued to admit the citizen to the staff.

Description of the procedure

By allowing external part-time work, the employer must understand that from now on the employee will perform work in his free time from his main job. By registering for an internal job, the employee retains his current position, adding the workload of an additional type of work.

Standard procedure

Adhering to the following action plan, they re-register from the main position to a part-time position:

1. Drawing up and submission by the employee of a resignation letter at the main place of work.
2. Coordinating it with management.
3. Preparation of an order to terminate an employment contract.
4. In the personnel service, the employee makes a corresponding entry in the labor record.
5. Drawing up and signing a new agreement on new terms of employment, position and payment.

It is important to consider that re-registration as a part-time worker actually means the employee’s ability to work in other places.

How to apply for an external part-time job

External employment is formalized, like regular employment, through an employment contract.

The citizen provides the organization with the necessary documents, after which the parties sign an agreement. The employer, as usual, is obliged to issue an employment order, after which the new employee begins his duties.

If you are not sure whether you need to register an external part-time worker with the military, no, you don’t need to. The company's obligation to provide military registration of employees is fixed by government decree No. 719 dated November 27, 2006 and the regulations on military registration approved by it. This document does not indicate that employers of part-time workers are exempt from this obligation, from which it follows that it is necessary to register a part-time employee liable for military service for military registration.

How to draw up an agreement with a part-time partner

Registering a part-time worker involves concluding an employment contract for both internal and external part-time workers.

The contract is concluded, as a general rule, for an indefinite period, but a fixed-term employment contract is also possible if the situation falls under one of those described in Art. 59 of the Labor Code categories, for example, a part-time worker is hired for a temporary position.

The contract must indicate that part-time employment is being hired and the employee’s work schedule. Art. 284 of the Labor Code of the Russian Federation establishes the daily working hours of no more than four hours, except in cases where on a certain day the employee is not employed in his main position. On such days he works all eight hours.

Based on the established working hours, the contract should specify the salary of the part-time worker.

Instructions on how to draw up an employment contract:

• unlimited;
• with a probationary period;
• with piecework wages.

If the part-time employee is the general director

As follows from Art. 276 of the Labor Code of the Russian Federation, the director has the right to carry out additional labor activities only with the consent of the authorized body or the owner of the organization of the main place of employment. Therefore, if he is employed by another legal entity, he will not need a sample consent from the employer for part-time work, but written permission on behalf of the founders from the main workplace.

If there are no obstacles, employment is possible and a contract is concluded with the director. A sample of such an agreement is available for download at the bottom of the page. It is distinguished by the mandatory indication of the type of employment - external part-time and has a validity period based on two parts of Art. 59 Labor Code of the Russian Federation:

• since the employee is the head of the organization;
• and since he is a part-time worker.

Otherwise, the clauses of the employment contract with a part-time director are similar to the standard contract with the head of the organization.

How to fill out a work book correctly

The responsibility for maintaining the book rests with the main employer, and only he has the right to make entries in this document during the period of employment of the employee. If an employee gets an external part-time job, the new company does not have the right to demand the provision of a work book and make entries there.

A record of additional employment, both internal and external, is made at the request of the citizen. The desire should be expressed in writing and addressed to the administration of the main employer, so the employee will avoid the employer from evading his duties. A work book for a part-time job is drawn up as follows:

Application from an external part-time worker during employment

There is a separate line for the application for part-time employment. This is also an important document that is required when applying for a job. As in the generally accepted case, it is often written by hand, in free form, or printed on A-4 paper.

There are no strict limits on the compilation of its content. The key requirement is that the text part must correspond to the general form of similar documents and include the required information. These include:

• name of company;
• Full name, position of the addressee (in whose name the application is written);
• initials and place of residence of the applicant;
• essence of the question (request for part-time employment, indicating the position and start of work);
• dating of the application (day, month, year of writing);
• applicant's signature.

This document is an important element required when registering an employee.

There are no exact requirements for its content. However, you must provide personal information:

• Name of the organization;
• Full name, position;
• initials and place of residence;
• application form indicating the place and start date of work;
• date of;
• signature.

Basic rules for filling out the application:

• written in free form;
• the application must contain a header and a body with an application for admission to the workplace;
• the header contains the employer’s data, the name of the person in charge, the person’s data (name, passport details, place of residence);
• the application must contain an indication of the date of employment and position held;
• indicate a list of documents attached to the application.

The organization may have a ready-made application form, so it makes sense to contact the company’s HR officer for help and clarification.

In general, the application cannot be considered a mandatory document. But for municipal and state positions they are required to fill it. If it is written, then an appropriate order should be issued to hire such an employee.

Vacation and dismissal of part-time workers

A part-time worker receives leave in an additional place during the same period as in the main one. Even if by this time less than six months of employment have passed in the additional position, the company’s management is obliged to provide leave in advance - this rule is provided for in Art. 286 Labor Code of the Russian Federation.

In accordance with Art. 288 of the Labor Code of the Russian Federation, for part-time workers there is an additional basis for dismissal: if the company has found an employee who will take the position of a part-time worker and for him this will be the main place, it has the right to dismiss the part-time worker on this basis, warning two weeks before the dismissal. This possibility exists due to the fact that part-time work is an extreme measure that companies resort to if they cannot find a permanent employee. If such a person is found, the company parts with the part-time worker.

Part-time work. Conditions, registration, necessary documents

If you are going to start working part-time, but you are not the head of an organization, a teacher, a medical worker, a professional athlete, etc., that is, special working conditions are not provided for you, then this article is for you. Here you will find information about the necessary documents, mandatory working conditions and much more.

Who can work part-time

You can work part-time, first of all, if you are already 18 years old, and if you are already in a legal relationship with the employer, that is, you have regular paid work, but want to work additionally by concluding a separate employment contract on a part-time basis. There are two types of part-time work: internal, that is, with the same employer with whom you already have a main employment contract, and external part-time work, in which an employment contract is concluded with another employer on a part-time basis. It should be noted that part-time work must be performed in free time from the main job.

If you get a job on a part-time basis, the employer is obliged to conclude an additional Employment Agreement with you and issue a corresponding order.

Duration of working hours when working part-time

The working hours of a part-time worker should not exceed four hours a day, as is expressly stated in Article 284 of the Labor Code. If you have free days at your main place of work (for example, you work on a shift schedule), you can use these days as a part-time worker, working more than four hours. However, in this case there are some limitations. The duration of a part-time worker's working hours should not exceed half the monthly norm (a different accounting period is possible by agreement with the employer). The condition on the duration of the part-time worker’s working hours must be included in the employment contract. You should pay attention to this when concluding and signing an employment contract. The requirement to limit the working hours of a part-time worker is primarily aimed at protecting the health of the employee.

The legislator allows full-time work for a part-time worker, but only in certain cases:

• while on leave without pay;
• maternity leave, in cases where
• if you are free from performing work duties at your main place of work (meaning a day or longer);
• if you have suspended your work at your main place of work due to non-payment of wages;
• if you were removed from your main job due to work conditions, but at the same time retained your position (in accordance with Article 73 of the Labor Code).

Documents required for applying for a part-time job

• passport or other identity document;
• insurance certificate of state pension insurance (this document is necessary for the employer so that he can pay the appropriate contributions to the Pension Fund of the Russian Federation, therefore, by agreement with the employer, only the details of the certificate may be sufficient);
• a diploma or other document on education (there is no legislative requirement for part-time workers, but in practice the employer, as a rule, asks to present documents on education, so it is possible to present duly certified copies);
• the work book is not presented, since it must be at the main place of work;
• if the nature of the work requires a certain health condition, then you will need to obtain the appropriate certificate and present it to the employer;
• The Labor Code does not require that you obtain permission to work part-time from your main employer, however, sometimes this condition is included in the Employment Agreement for your main place of work, so before you get a part-time job, make sure whether you will need permission;
• An employer hiring you as a part-time employee may also require you to write a job application. Although this is not necessary for obtaining a part-time job, this requirement will not contradict the law.

As for remuneration for part-time work, this issue is resolved directly with the employer, since there are no separate provisions on remuneration for part-time workers in the Labor Code. Provisions on wages and compensation amounts should also be included in the Employment Agreement.

Vacation when working part-time

The basic rule that should be kept in mind when talking about vacation is that it must be granted simultaneously with vacation for the main job. In this case, it does not matter how long you worked as a part-time worker at the time of granting leave from your main job. Even if you have not worked for the six months required to be granted leave, the employer is obliged to provide the leave in advance. If the duration of leave at the main place is longer than at a part-time job, the employer can provide leave without pay for the required duration.

Dismissal when working part-time

First of all, it should be noted that a part-time worker can be dismissed on any basis provided for in the Labor Code (Article 77), however, the legislator has provided an additional basis for the dismissal of a part-time worker. A part-time worker may be fired and his employment contract may be terminated if his position is filled by an employee for whom this work will be the main one. Of course, the employer is obliged to notify the part-time worker at least two weeks in advance.