Legislative regulation
The rules on part-time work are contained in the Labor Code in Chapter 44. The right to employment as a part-time worker is stated in Art. 60.1 Labor Code of the Russian Federation. This is another regular and paid job, different from the one already performed (main). Part-time work can be internal (in the same organization) and external (in another organization). It should not take the employee more than 4 hours a day. Because of this, employers in practice, in order to reduce wage costs, often offer transfer to part-time work. In this case, why can’t you write a part-time job in the application? Because this leads to a reduction in income, a violation of labor rights, which will be difficult to prove if there is a handwritten appeal to the manager.
The difference between part-time work and part-time work is that in the first case, work is performed in parallel with the main responsibilities (that is, in addition to the main work activity), and in the second, in free time.
When they write a statement
Part-time workers are employed according to the same rules as main employees. An employment contract is concluded with them - the basis of the legal relationship between the employer and the employee; it is not necessary to submit a written application for employment (Article 56 of the Labor Code of the Russian Federation). But in order to maintain order in personnel document flow, employees write such an application addressed to the head of the organization, if such a procedure is established in the organization.
IMPORTANT!
A part-time worker cannot be accepted for more than half-time. Combining positions does not allow the employee to work the 8-hour standard working time. But there is an exception. On days when a part-time worker is free from performing duties at the main place of employment, he has the right to work full time in a combined position (Article 284 of the Labor Code of the Russian Federation).
An employee has the right to enter into a part-time employment contract at his main place of work (internal) or with another employer (external). The number of places of employment for one person is not limited by law (Article 282 of the Labor Code of the Russian Federation).
You cannot combine job responsibilities within the same or in different organizations:
- minors;
- employees of state and municipal institutions (with the exception of scientific and teaching activities);
- employees employed at their main place of employment in positions with harmful and dangerous working conditions.
Is it necessary to write
The Labor Code does not specify an application as a mandatory document when applying for employment. In particular, this document is not specified in Art. 283 of the Labor Code of the Russian Federation, which contains a list of documents when registering a part-time job. In practice, it is required for office work, registration of a personal file, and confirmation of the will of a citizen.
Read more: Sample application for employment.
Features of drawing up an application for internal part-time work
This statement does not have a statutory form, therefore it is written in the same way as any similar document.
The following information must be indicated in the header:
- to whom the document is addressed: title of the manager’s position and his full name;
- from whom: employee’s full name, passport details, registration address.
Next, they formulate a request for employment, put a date and signature. There is no need to indicate the list of attached documents, as well as to attach the documents themselves, since they are already in the personnel department of the company.
After receiving the application, the employer puts its resolution on it.
Which form to use
The unified form has not been approved, so the document is drawn up in free form. If an organization has developed its own form, it is recommended to use it to avoid disputes and disagreements. When drawing up a document, the basic rules of office work and standard details are used.
ConsultantPlus describes in detail the procedure for applying for part-time work. In it you will find not only instructions on what and how to do, but also templates and samples of all the documents that need to be completed. Follow the link below to gain access for free.
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Registration of an employee’s application for part-time work
Such a document, unlike, for example, an application for voluntary resignation, is not mandatory. At the same time, in the future, when protecting labor rights, its presence will reflect the intention of the employee and employer to record precisely the labor relationship. That is, payment of taxes and contributions to the Pension Fund, the opportunity to exercise the right to regular vacation, sick pay, etc.
Part-time work can be internal (within one organization several functions are performed for different positions) and external (with another employer). The distinctive features of part-time work are that it is performed regularly and outside working hours for the main job, and is paid in proportion to working hours, depending on the wage rate.
It is mandatory to issue an employment order and conclude an employment contract. Otherwise, the fact of the employment relationship may have to be proven by filing a lawsuit. And the hiring order will become the basis for making a record of work in the work book (and therefore, replenishing the length of service for a pension and the amount of the pension in the future).
By the way, an entry in the work book is made at the main place of work at the request of the employee. He, in turn, provides a certificate of employment or a certified copy of the order for employment (application for documents related to work).
Persons working part-time are granted regular leave simultaneously with leave for their main job (leave transfer and extension are carried out according to general rules).
Writing rules
Several universal recommendations on how to write a part-time application: competently, legibly, by hand or on a computer, indicating the data that the employer will need when formalizing the labor relationship (expression of will, type of part-time job, position and date).
Compilation rules:
- The header is placed in the top right corner of the sheet. The header is information about the employer (name of the organization, full name of the manager and full name of the author of the application);
- the name of the document is written in the middle of the sheet;
- then follows the main part, in which the author expresses his request to be accepted for a certain position as a part-time worker (external or internal) from a specific date;
- signature and date required.
Who to submit to
If the initiator of changes in working conditions is an employee, he must write an application requesting a transfer from a part-time job to his main place of work and submit it to the employer. The document is written addressed to the head of the organization. The document is accepted by an authorized employee: secretary, office worker or personnel service employee.
To avoid disagreements, when submitting an application, the employee receives confirmation that it has been accepted, for example, the signature of the recipient on a second copy, which remains with the applicant.
Differences from combination
It is necessary to distinguish between part-time and combination.
The latter option involves additional payment for additional work or tasks without concluding a second employment contract. It is formalized by an order for the main activity based on a memo from the manager.
In this case, the employee’s statement is not required; his consent is expressed by signing that he has read the order. Conditions and additional payments are stipulated in an additional agreement to the main employment contract.
Part-time work can be external and internal. The first is a regular hire and differs only in the features of storing and maintaining a work book.
Internal part-time work is formalized by the employer at the request of the employee.
In accordance with Article 68 of the Labor Code of the Russian Federation, an order for employment is the basis for concluding an employment contract.
The statement is not mandatory, but professional lawyers recommend writing it to exclude the possibility of filing claims regarding being forced to perform additional work.
How to transfer an employee to a part-time job from their main place of work
Changing the main to part-time working status of an employee can be done within one business entity or in the form of a transfer to another company. The procedure can be formalized in several ways, each of which requires documentation.
Dismissal
A simple way to transfer an employee is to register him as a part-time employee after preliminary dismissal as a main employee. It is worth noting that part-time work can be arranged only after another workplace is recognized as the main one.
The dismissal procedure is formalized in a standard way and can be initiated either by the personal desire of the employee or by agreement of the parties. It is mandatory for the employee to write a corresponding statement, which is the basis for drawing up administrative documentation on termination of relations with the employee and termination of the employment contract.
When an employee is dismissed, even if relations are restored in a subsequent period as a part-time employee, the employer is obliged to pay compensation for unused vacation. As an alternative, the employee can be offered a rest period before leaving.
This method of transfer has negative aspects for the worker, expressed in the following events:
- when relations are restored as a part-time worker, a probationary period is established, which may be the basis for deprivation of the right to carry out activities in a new status due to non-compliance with qualification requirements;
- vacation registration is possible only six months from the date of new employment.
It should be noted that the efficiency of the event, expressed in the registration of dismissal and hiring in one day, will not interrupt the length of service and will not violate pension rights.
Transfer to part-time work from the main place of work without dismissal
Relief from some duties and assignment of others through a change in the format of labor relations can be achieved through a temporary or permanent transfer. Temporary transfer is carried out only by agreement of the parties. Carrying out the operation is relevant in a situation where the main employee is charged with additional tasks as a part-time worker, during which he will be relieved of the need to perform the main job.
Relations are regulated by administrative documentation, the validity of which cannot exceed one year. This pattern of relationships is possible in the event of a temporary absence from the workplace of an employee whose duties must be performed urgently.
In such a situation, the duration of the order will be determined by the return to work of the replaced employee. If, after the expiration of the agreement, the employee is not provided with the same job, then the temporary transfer agreement loses its relevance and the transfer automatically becomes permanent.
Application for employment for external part-time work: sample
If an employed person wants to get a part-time job with another company, then, firstly, he has the right to do so, and secondly, he must write an application.
When applying to the manager for part-time employment at a third-party institution, in order to sign an employment agreement, the applicant must, together with the application, support the following documents:
- Labor Code of the Russian Federation with Article 283.
- Photocopy of passport or other document proving identity
- A document indicating education or the presence of a profession when enrolling in a position that requires a special document for assigning a specialty.
- A certificate with information about the conditions of activity at the main company.
- Sometimes, managers ask for other certificates needed for employment. For example, an admission permit (if the applicant is a foreigner).
The application for combination is filled out similarly to other similar documents.
Below is a sample of such a document.
Template of document on employment for external combination
