Part-time employment contract sample form

19.09.2019

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5 minutes.

The legislation provides for several types of employment with mandatory documentation. An example is a part-time employment contract that regulates the relationship between the parties in this format. We are talking about additional employment when activities are carried out in addition to the main job. It can be external or internal. In the first case, the citizen gets a job with a third-party employer. In the second, he receives an additional position in his organization, but works on it in his free time. This format differs from a combination, in which work is carried out in parallel with the performance of main responsibilities.

Specifics of the content of part-time employment contracts

In terms of form, the employment contract for part-time work does not differ from the standard version. It is concluded on paper, voluntarily, contains the signatures of the parties and is drawn up in 2 copies for each participant. The differences are related solely to the content. It covers technical details regarding schedule, timing and other conditions. Some of them are mandatory, others are arbitrary and are at the discretion of the parties.

Prerequisites

The employment contract with a part-time worker must include clauses related to the following criteria:

• Personal information about the citizen, his place of residence, submitted documents;
• Information about the company, registration address, payment details;
• As a rule, only the locality is indicated as the date and place of detention;
• The place where work functions are expected to be performed;
• Job responsibilities of the hired employee;
• Length of working day and rest;
• Date of return to work;
• Earnings. This indicates the basis on which the employee’s rate is determined. Management always focuses on the regional minimum wage. This is the lower threshold, but only if you work full time. In fact, a part-time worker may receive less;
• Working conditions. This paragraph indicates whether harmful and dangerous production is taking place;
• Fixed-term or open-ended contract format. In the first case, the validity period must be specified. If the agreement is unlimited in time, then no information is simply indicated.

It is important that the part-time worker’s work book is kept at the place of his main job. Accordingly, information from the second employment is not included in it, and it is not necessary to submit the document.

Additional terms

Along with the mandatory paragraphs, the contract may also contain separate provisions relating to the labor relations of the parties. They are related to the performance of specific duties, compliance with instructions and rules adopted in the organization.

Particularly often, items are prescribed due to professional affiliation. For example, some positions may include a liability clause. Citizens who have access to certain information may be required to keep trade secrets.

Reflection of work schedule

According to the law, part-time work cannot exceed a time limit of half the working day at the main job. In case of external part-time work on a full-time basis, the employment contract cannot oblige the employee to work more than this time.

In practice, if work at the main place is performed daily and lasts 8 hours, then the duration of part-time work should not exceed 4 hours. Alternatively, there is a shift schedule. In this case, on free days you can stay at your second job for a full shift. But the total number of hours per month should also not exceed the 50% limit.

Regarding vacations, they are provided as expected, taking into account not only the company’s schedule, but also the wishes of the part-time worker. In particular, he has the right to ask for leave on the same days as at his main job. In this case, you cannot refuse him.

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Who is an external part-time worker?

This is a person who, having a main place of work, works for another employer (or several) in his free time from his main job (Article 60.1 of the Labor Code of the Russian Federation). Part-time work is considered to be work of a regular nature (Article 282 of the Labor Code of the Russian Federation).

You are not entitled to work part-time:

1. In all cases:

• minors;
• workers who have a primary job with harmful or dangerous working conditions;
• police officers, FSIN, firefighters;
• heads of budgetary educational organizations (as well as their branches);
• citizens who perform alternative service;
• workers hired for a position that involves driving vehicles.

1. In certain cases:

• heads of legal entities - unless there is permission from the owner of the legal entity who is the main employer;
• athletes and coaches - unless there is permission from the main employer;
• auditors of a housing savings cooperative - if this is hired work in a cooperative;
• employees of private security companies - if this is part-time work in the civil service or work in public associations;
• employees of the Foreign Intelligence Service - if this is not an official necessity, or if this is not teaching, scientific or other creative activity (in which the intelligence officer was allowed to work by his supervisor).

An exception in the form of engaging in teaching, scientific and creative activities, in which part-time work is permitted, has been established (not counting intelligence officers) in relation to:

• judges;
• lawyers;
• Central Bank employees;
• employees of the Investigative Committee;
• civil servants;
• civil servants;
• municipal employees;
• heads of municipal administrations;
• bailiffs (there is also a condition for them - the absence of a conflict of interest).

In areas not related to teaching, science or creativity, part-time work for these professions is prohibited.

A separate employment contract is concluded for each external part-time job. Let's consider what information should be reflected in it.

Terms of payment

One of the mandatory clauses of the contract is the salary and the specifics of its calculation. Usually this is either a calculation for hours worked or a piecework form, when earnings are paid in proportion to the result. All this is directly contained in the document, regardless of whether there is an external or internal part-time format.

The main condition is that the calculation procedure does not differ from the form of accrual for other employees of the organization. No discrimination is allowed. This takes into account that the part-time worker will actually work fewer hours or volume than other employees, which is why his final earnings will be lower. Compensation for vacation and sick leave does not differ from benefits for key personnel.

About types of part-time jobs

Employment contract with external part-time worker

Part-time work is the simultaneous performance of a main job function and an additional one. According to regulations related to labor legislation, there are two types of part-time work:

1. Internal - performing related tasks in your free time from your main job. For example, a security engineer may temporarily serve as a chief engineer or construction foreman.
2. External is a combination of positions, while the employee engaged in related activities is on the staff of another employer.

Among other things, there are restrictions on combining professions or positions:

• a minor cannot be involved in performing these job duties;
• if the work involves harmful or dangerous factors;
• when serving in government agencies.

One person can be employed in several organizations at the same time; this is not limited by regulations. Everything depends on the employee himself, including whether he will be able to withstand this load.

But again, there is a concept about the maximum duration of a shift, that is, the work time expected for part-time work should not exceed 4 hours daily.

But there are exceptional points:

• when an employee has official leave from his main job;
• per month the standard should not be more than half of the work shift.

When regulating the second circumstance, a violation is permitted, but only when work on the main employment is suspended. Combination of professions can be carried out by workers engaged in any field of activity, but for proper registration it is worth following the rules stipulated by law.

Employment contract with part-time worker

The provisions of Article 57 of the Labor Code indicate what information should be included in the employment agreement. In particular, information about the work schedule, when exactly a person begins to perform his duties and when he finishes, may not be specified in this act. For this reason, no condition is established to reflect in the agreement the time during which the part-time worker works.

The participants in the relationship in question resolve this issue at their own discretion. This opportunity is suitable for those who have an irregular work schedule. An exception to this rule is the situation when a labor regime is established for an individual citizen that differs from the general one for the entire enterprise. Then it becomes necessary to stipulate the labor regime in the agreement.

When a person does not work at the same time on different days, a separate schedule is developed for him. This act reflects the working period; the citizen must be introduced to the document drawn up. Confirmation of the fact of familiarization is the person’s signature on the chart. In this situation, it must be indicated that the work regime for the citizen is introduced according to a schedule approved by the company management.

If necessary, a copy of the plan can be included in the citizen’s personal file. It is imperative to state in the document the fact that the person works in several places at the same time.

How to hire part-time workers

Algorithm for hiring a part-time worker

In general, the procedure for hiring additional work is no different from the main employment.

The algorithm of actions is as follows:

1. An interview is held where general points are discussed.
2. If the interview results are positive, the future employee writes a statement in which it should be indicated that this is a part-time job.
3. A set of documents required for employment is attached to the application.
4. An employment contract is being drawn up.
5. An administrative document on hiring a candidate is issued.

There is one caveat - you do not need to give your work book to the HR department. In some cases, it is necessary to attach a certificate from the main employer about the nature of the main job.

At the request of a part-time worker, an entry can be made about his additional activities in the work book. To do this, you need to request supporting documents from the place of additional work and present them to the HR department.

About some points when registering

Important points in drawing up an employment contract with a part-time worker

Although the execution of an employment contract for external part-time work is carried out on a general basis, there are some nuances:

1. It is important to know that the employee is not required to report his other outside work to the main employer. But there are exceptions when permission from the employer to enter into contractual obligations to perform work duties is necessary. The latter applies to municipal and civil servants, as well as enterprise managers and other employees.
2. An entry in the work book is made only at the initiative of the employee. In order to make such an entry, you need to write an application and present an order for employment.
3. When an employee is dismissed from his main job, his external part-time work remains as such; the employee cannot be considered a full-time employee.

Not all issues have been regulated at the legislative level, so a lot of questions remain in this area. However, if the employee’s rights are not violated, then this allows the relationship to continue to be built on terms beneficial to the parties.