Registration of combining positions in one organization

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Published: 08/07/2016

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The need to generate additional income forces working citizens to look for additional places to work. In this regard, a completely reasonable question arises: how many jobs can one employee officially get?

When applying for additional employment, the official status of the employee should be taken into account first of all, since only in this case will he have the rights to all social guarantees, payments and benefits (if any are provided for by law for a specific category of working citizens).

What does the law say?
How many bets are allowed?
Payment order
Rates for teachers and health workers

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

If a company needs to involve a current employee in performing additional functions, a good option may be to arrange an internal part-time job.
Depending on the specifics of the company’s work or the employee’s duties, internal part-time work may be more convenient than internal part-time work or filling an additional staff position. 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. As a rule, the work schedule of part-time workers (both internal and external) is non-standard, especially if it is also non-standard for the part-time worker at the main place of work (the employee does not work every day, on a flexible, rotating schedule, etc.).

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 an additional load on the employee should be formalized as an internal part-time job, and not as work combining 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 the norms of labor legislation, combination work is not separately highlighted in the timesheet.
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.

Labor legislation on part-time work

Article 282 of the Labor Code of the Russian Federation establishes that part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job. The work of part-time workers is regulated in more detail by Ch. 44 Labor Code of the Russian Federation. Let us highlight the main features of part-time work:

Previously, the Labor Code of the Russian Federation established the duration of part-time work as no more than 16 hours per week. With the adoption of Law N 90-FZ, the working hours of a part-time worker increased to 20 hours a week (no more than 4 hours a day) (Article 284 of the Labor Code of the Russian Federation). The legislator allows that on days when an employee is free from performing work duties at his main place of work, he can work part-time full time or shift. If at the main place of work the employee suspended work due to a delay in payment of wages for a period of more than 15 days (Part 2 of Article 142 of the Labor Code of the Russian Federation) or was suspended from work for a certain period (Parts 2, 4 of Article 73 of the Labor Code of the Russian Federation), it is necessary to control the number of hours he works. In any case, the duration of part-time work is limited to half the monthly standard of working time for a month or other accounting period.

Reflection of the duration of the working day in the employment contract

The number of hours a person must work in an additional job is reflected in the employment contract. You cannot work more than 20 hours a week.

Before the appointment, the working hours must be agreed upon between the employee and the employer. Based on the results, a duty schedule or a special table can be drawn up. The last option is relevant for shift work.

The payment procedure is established individually and is enshrined in the labor language. There are several options here:

payment of wages for the actual number of hours worked (time-based);
payment for the amount of work performed (piecework).

Time-based payment is most often used, as it simplifies the procedure for calculating and deducting amounts due.

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

When it comes to external part-time work, it means that a person has a main and additional job at different enterprises. Time restrictions in this case depend on whether a particular day is a working day at the main place of work or not.

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.

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 there will be two : for the main position and part-time.

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

How long can you take part-time bets?

How many bets can you combine on a part-time basis under the Labor Code of the Russian Federation? Based on the material of Art. 282 of the Labor Code of the Russian Federation, part-time work is an additional option for earning money, which employees, as a rule, apply for at a low salary level. It is noted that the activities of a part-time worker can take place during free time from main work. It is possible to establish external or internal part-time work in an organization on the basis of Article 44 of the Labor Code , taking into account certain rules:

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. Bonuses and allowances are added to the result obtained, which the employer, at his discretion, can provide to a subordinate for high professionalism. However, it is necessary to note that this nuance must be initially agreed upon by the parties.

Number of bets

It is worth noting that the legislation does not in any way regulate the number of part-time vacancies for one person, and there may be two or more of them. It is prohibited by law to work additionally more than 4 hours a day. Based on this limitation, you can get four additional 1-hour positions. True, on his official day off, an employee has the right to work at another company full-time, and this cannot be limited by law in any way. Here you also need to remember that in total in one month the number of hours cannot be taken up too much time, no more than ½ the norm at the main job.

What is it - internal combination and combination, their main differences

Minor citizens.
Heads of enterprises. Only external part-time work is allowed with the consent of the founders.
Persons whose main responsibilities involve harmful or dangerous working conditions, if part-time work involves similar work circumstances.
Employees whose duties are related to transport management.
State civil servants - police officers, prosecutors, judiciary and law firms.

The employee submits an application to the manager. The document indicates the desired part of the bet - half, third, quarter or other.
The terms of the part-time job are agreed upon with the employer.
The personnel service of the enterprise issues an appointment order and draws up an agreement with the joint signature of the parties. The order and contract make a note about the nature of the work.

Number of contracts

But the number of employment contracts that can be concluded with the same person is not limited . How many jobs a person will have will be determined only by his physical capabilities.

That is, the total amount of part-time work cannot exceed half the rate, but at the same time, 2 contracts for 0.25 rate can be concluded with a person. Or even five at 0.1 - in this matter, no one limits either the employer or the employee.

From all of the above it follows that for one employer a part-time worker can work in several types of activities, but the total number of rates should not exceed 0.5.

For example, an employer needs a programmer and web designer. These positions are on staff, but the workload for them is too small to allocate at least 0.5 of the salary for each. At the same time, there is a person on staff who is suitable for both of these positions. Two part-time employment contracts are concluded with him . One of them gives him a vacancy as a programmer at 0.3 rate with a work schedule of 3 weekdays for 4 hours after the main work activity. The second assigns him to the position of web designer and regulates his work on Saturday for 8 hours, when he has a day off in his main position. In this case, the employee is registered for a total of 0.5 rates, but receives 2 positions at once .

Are there any restrictions on part-time work?

When drawing up an employment contract for additional work, the manager must indicate that this work will be a part-time job. The contract can be concluded for either a definite or an indefinite period. These terms must be agreed upon by both parties.

So, how should an internal part-time employee distribute their work? Part one of Article 284 of the Labor Code of the Russian Federation states that part-time work should not take more than 4 hours a day. Exceptions are those days when the employee is free from his main job. It is during this time that he can take on additional responsibilities full time.

Legal aspect of internal and external part-time work

The Labor Code (Article 282) defines part-time work as performing other work during non-working hours. This type of employment is characterized by the periodic performance of other duties and the availability of remuneration. Regulate internal and external part-time working hours.

The Labor Code states that the time spent working part-time can in no case coincide with the time it takes to perform one’s main duties. Part-time work is a full-time job. That is why a citizen is endowed with the same rights and responsibilities as in the case of permanent employment.

When registering, the most important criterion is time costs. Hiring a part-time full-time job at one place of work is impossible by law, but it is possible to get a part-time job if you mean internal part-time work.

How many bets can you work with in combination?

This does not apply to external alignment. There are practically no restrictions here, because in this case it is possible to make up time on days not occupied by the main work, if this does not contradict the compatible schedule. You can combine work at several different enterprises at once - everything here depends only on your ability to work and the availability of free time.

In this case, remuneration must comply with the general rules applicable to this category of workers. Legal relations between a part-time worker and management are formalized by concluding an employment agreement according to the general rules regulated by Chapters 10–11 of the Labor Code of the Russian Federation, taking into account the features provided for by Chapter 44 of the Labor Code of the Russian Federation. The procedure for determining the amount of monetary remuneration for this category of employees is fixed in Art. 285 TK.

In another organization

Article 284 of the Labor Code of the Russian Federation prevents an employer from hiring the same person more than part-time. But are there any restrictions for the employee?

Turning to Art. 282 of the Labor Code of the Russian Federation, the following can be seen in the second paragraph:

The conclusion of employment contracts for external part-time work is allowed with an unlimited number of employers, unless otherwise provided by federal law.

This point gives the green light to all applicants who are looking for additional part-time work. In order to work more and earn more, they need to get a job in several different organizations. In this case, employers are worried about only one question: will they have problems if a part-time worker works several jobs?

No, it will not. After all, each organization maintains its own records of employee working hours. And at the same time he does not know about similar data in another company. Even if the employer finds out that his part-time worker is working for someone else, he has no reason to worry.

Employers do not have the right to limit an employee’s ability to work part-time for other organizations. The only exceptions are company managers, athletes and coaches.

Part-time employment contract

An employment contract with an internal part-time worker is not very different from a standard employment contract.

It is traditionally concluded in 2 copies - one for each side. The main difference is that it must contain the mark “ on a part-time basis .”

Also, the contract must separately specify the number of working hours , since, in accordance with labor legislation, the number of working hours of a part-time worker must be half less than the working hours of the main job for a calendar month.

In addition, according to the standard, an employment contract must include the following employment conditions:

rights and obligations of the employee and employer;
wages and social guarantees;
working time and rest time;
liability of the parties to the contract;
amendment and termination of the employment contract;
contract time.

An employment contract with an internal part-time employee can be fixed-term or indefinite , depending on the agreements between the parties and the specifics of the work performed.

The essence of part-time work

Realization of creative potential through the simultaneous performance of a number of job functions on an ongoing basis is essentially a part-time job. Working in your free time in another institution performing similar or other functions is called external part-time work, and work for one employer in several “guises” is called internal work. Limitations are imposed by the lack of appropriate qualifications and the availability of a time slot.

Part-time work is regulated by Article 60.1 of the Labor Code and presupposes the presence of parallel activities under at least two individual contracts concluded for a certain period or indefinitely.

Distinctive formal features of internal part-time work are:

carrying out labor activities during a period of time not spent performing the main job;
total employment cannot exceed four hours with a 40-hour work week;
restrictions on the types and qualifications of labor functions are not established.

When deciding in favor of involving an employee in the performance of additional duties, one should take into account the direct legislative prohibitions established in relation to a number of persons. Certain laws at the federal level and Articles 282 and 327 of the Labor Code of the Russian Federation impose a “taboo” for citizens:

those who have not reached the age of 18 according to their passport;
persons working in conditions classified by certified commissions as hazardous, if part-time work will take place in similar conditions;
citizens engaged in driving vehicles, if the parallel activity carried out is of a similar nature;
persons whose internal combination or combination of jobs is expressly prohibited by laws regulating their activities. Working in different positions in one institution is excluded for law enforcement officials, prosecutors, judges and state and municipal employees.

If a citizen, due to his position or work performed, has no legal restrictions, then management issues an order for part-time admission, indicating the additional position held and functional responsibilities.

Results

Thus, part-time and combination are two different concepts. Part-time work is actually a second job, while part-time work is only an additional responsibility to the main job.

Violations in this area entail liability in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation. In order to avoid mistakes in registering these labor relations, it is necessary to take into account their features and register employees only strictly in compliance with all established rules.

Features of payroll

The exact amount of the rate, as well as the regular salary, must be indicated in the relevant agreement that the employer concludes with the part-time worker during his employment.

In addition to the option of payment for the time actually worked, the possibility of payment in accordance with the quantity of manufactured products is also allowed.

In most cases, parties to labor relations prefer the first option. This is explained by the ease of its use, as well as the absence of the need to carry out regular calculations of released goods.

An accounting employee calculates wages based on time sheet information about the number of hours worked by the employee for each working day. The responsibility for maintaining timesheets is usually assigned to an employee of the HR department.

The calculation formula is quite simple - the actual hours worked are multiplied by the current rate. Then all allowances established for the employee, if any, are added to the resulting number. Often such bonuses are the result of working at night or overtime.

Special mention should be made of working on official public holidays or weekends. In accordance with current labor standards, work during this period must be paid double. At the same time, the fact that the employee is a part-time worker will not matter here.