Is it possible for a civil servant and a municipal employee, an employee of the Ministry of Internal Affairs to work part-time?

Home / Labor Law / Employment / Part-time and part-time work

Back

Published: 07/20/2016

Reading time: 7 min

4135

Difficult circumstances may prompt a civil servant to take up additional work.

But in order not to lose your job and the guarantees granted to civil servants, you should take into account a number of legislative nuances related to the performance of duties at two jobs.

Part-time work from the point of view of labor legislation
Restrictions
Types of part-time jobs
Registration procedure

Is it possible to work part-time?

In accordance with Art. 14 of the Civil Service Law, a state civil servant has the right to work part-time (i.e., perform other paid work) subject to two conditions:

such part-time work will not entail a conflict of interest;
a representative of the employer (i.e., a government body or institution) was notified in advance about the civil servant’s part-time job.

Expert opinion
Labor Lawyer Olga Smirnova

The notification is made in order to avoid conflicts of interest. In addition, part-time work for civil servants is subject to prohibitions on certain types of activities established by Art. 17 of the Civil Service Law.

In accordance with the law, it is impossible to combine civil service with the following types of activities:

entrepreneurial activity;
management of commercial and other organizations;
paid positions in trade union management bodies;
elected positions in local government bodies;
participation of a civil servant in the management bodies of foreign non-profit organizations, etc.

In particular, a civil servant cannot be a part-time general director or hold another position in the management bodies of a commercial organization. The exception is cases when such activities are carried out as part of the main work of a civil servant (i.e. he represents the interests of the state - the owner of the relevant organization).

Normative base

Part-time work is permissible if it does not in any way affect the quality of the employee’s main work. Moreover, additional work does not take more than 4 hours a day. That is, exactly the same rules apply here as for all other employees.

Important! A civil servant does not have the right to take another job only on his own initiative. He is obliged to warn his management in advance and obtain permission for these actions.

The issue of allowing part-time work will be dealt with by a special anti-corruption commission. A request is sent to it, and within three days the issue is resolved. The commission gives its consent to additional work for the employee or rejects the application if it decides that such activity may entail various types of conflicts. The same rule applies to people who work in municipal institutions.

How to notify the employer's representative

There is no uniform notification procedure for all civil servants. However, almost every government agency has adopted its own procedure for notifying conflicts of interest and considering such notifications, which applies to civil servants subordinate to this body.

The exact procedure and applicable regulations can be clarified in the personnel department of the government agency or institution where the civil servant works. Generally, notice must be given in writing. It is necessary to describe the planned part-time employment (place of work, position) and indicate the working hours (outside working hours at the main job).

Expert opinion

Labor Lawyer Olga Smirnova

Consideration of the notification is usually carried out in a commission manner, for which a special anti-corruption commission is created. A preliminary review of such notifications may be carried out by the anti-corruption department of the government agency in which the civil servant is employed.

The notification is considered within several days or another period established by acts of the state body. If there is no conflict of interest, the department or commission issues written permission to carry out part-time work.

Sample notification of part-time work for a civil servant

/Name of the government body - employer of the civil servant/

/full name of civil servant/

Notice of intention to perform other paid work

In accordance with Art. 14 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service” I inform you of my intention to perform other paid work on a part-time basis outside of working hours at the main place of work, namely: /indicate the name of the future employer, position, other characteristics part-time work/. I declare that I have no personal interest in performing this work, which may lead to a conflict of interest. I intend to personally attend the meeting of the commission to identify conflicts of interest to consider this notification.

September 10, 2021 /full name, signature/

Part-time work for civil servants: acceptable or not?

According to current legislation, any citizen has the right to freely choose the job in which he wishes to work. And if at the moment he is already employed, but for some reason wants to find another job, then he can freely do this.

The exception is a number of categories of workers for whom such an opportunity is limited or prohibited due to the special specifics of the activities they carry out.

Working simultaneously in several positions, in accordance with Article 282 of the Labor Code of the Russian Federation, is a part-time job and can be carried out both within the same organization and in different ones. It is carried out on the basis of a labor agreement concluded between the parties.

From the point of view of legislation, part-time work does not differ from the main work activity in nature and retains all the rights due to the employee. This also applies to the guarantees provided for workers by regulatory legal acts.

The only restriction associated with employment in a secondary job concerns its duration. In accordance with Article 284 of the Labor Code of the Russian Federation, the daily norm is no more than 4 hours, provided that on that day the citizen performed official duties at his main place of work.

If a part-time job falls on a day off at the main place, then the citizen can work a full shift. However, the number of hours worked per week and/or month should not exceed half the standard hours for the main position.

Special categories of civil servants

For some categories of civil servants, part-time work is further limited.

Employees of the Ministry of Internal Affairs

Employees of the internal affairs bodies of the Ministry of Internal Affairs of Russia do not have the right to perform other paid work, including part-time work. This ban is established by Federal Law No. 342-FZ of November 30, 2011 “On service in the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation.”

However, an employee of the Ministry of Internal Affairs can work part-time in the internal affairs bodies in several positions - this is not prohibited by law. The combination of duties in different positions of internal affairs bodies is carried out in accordance with the Regulations approved by Decree of the Government of the Russian Federation No. 621 of June 25, 2012.

Combination is allowed, as a rule, for lower and equivalent positions in the Ministry of Internal Affairs, as well as for those positions for which the employee has sufficient qualifications.

Combining positions in the Ministry of Internal Affairs is not allowed:

employees holding senior management positions, managers and their deputies,
in terms of official duties for escorting, maintaining, protecting detainees, arrested and detained persons in temporary detention centers;
for positions related to the conduct of criminal procedural actions and operational investigative activities by employees who do not have the appropriate powers in the main position (clause 6 of the Regulations on combining duties in the service in the internal affairs bodies of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 25, 2012 No. 621).

An exception to the ban on part-time work for employees of the Ministry of Internal Affairs is also pedagogical, creative and scientific activities. It can be done:

subject to notification of the immediate superior; and
if this activity is financed by Russian, and not primarily foreign organizations, states, etc. (Clause 4 of Article 34 of Federal Law No. 342-FZ of November 30, 2011).

Military personnel and employees of the Russian Guard

In accordance with Federal Law No. 76-FZ of May 27, 1998 “On the Status of Military Personnel” and Federal Law No. 226-FZ of July 3, 2016 “On the Troops of the National Guard of the Russian Federation”, other paid part-time work for military personnel is prohibited.

Judges

According to paragraph 3 of Article 3 of the Federal Law of June 26, 1992 No. 3132-1 “On the Status of Judges,” a judge has no right to engage in other paid activities (including part-time), with the exception of teaching, scientific and other creative work. This article also establishes restrictions on the occupation of a number of positions by retired judges.

Prosecutor's office employees

Similar restrictions are imposed on part-time work for employees of the prosecutor's office. Federal Law No. 2202-1 of January 17, 1992 “On the Prosecutor’s Office” (clause 5 of Article 4) prohibits prosecutorial employees from combining their main activities with other paid or unpaid activities, with the exception of pedagogical, scientific or other creative activities.

Part-time and a

(Clause 17 was introduced by Federal Law No. 24-FZ of March 2, 2007)” and here it plays absolutely no role in whether I am on maternity leave or not. Well, within the meaning of what has been said, it is clearly impossible to “work” in an LLC as a founder. I will say more, having discussed this situation with the representative of the employer, namely with the chairman of the court, the question did not even arise that I was prohibited from engaging in any business activity at all and receiving income from this activity.

Good afternoon I am a civil servant (district court specialist). Currently on parental leave for a child up to 3 years old. I got a job in an LLC, they officially pay taxes for me. The income certificate is now being filled out. As far as I know, according to the current law on civil service, I am not prohibited from working part-time. What could happen to me if my part-time job is discovered? or is there nothing critical about this?

Municipal employees

For municipal employees, restrictions on part-time work are established by Federal Law of March 2, 2003 No. 25-FZ “On Municipal Service in the Russian Federation”. They are similar to the prohibitions established for federal government employees.

In accordance with paragraph 2 of Art. 12 of this federal law, a municipal employee (with the exception of heads of local administrations) may work part-time, subject to prior written notification of the employer’s representative, if the performance of such work does not lead to a conflict of interest. For some positions, the law establishes additional restrictions when part-time work of a municipal employee is not allowed.

Features of part-time work for municipal and civil servants

The main feature of part-time work as a municipal employee is the need to notify the employer in writing of your intention to take one or more jobs. This must be done in advance.

The municipal employee's employer reviews the notice and evaluates it for compliance with the law. If it is legally impossible for an employee to take on additional work, the employee will be asked to abandon this idea or leave the service. If the proposed employment does not contradict the law, the employer does not have the right to prohibit working somewhere else.

Part-time work is formalized by an employment contract, which explicitly states that the employee is a part-time employee.

Part-time work does not imply the same level of workload: the duration of work per day, when the citizen was also employed in the main place, in an additional place should not exceed four hours. It is possible to work a part-time job full time only if the employee was not employed at his main place that day.

Leave for part-time workers should be granted on the same dates as at their main place.

With this procedure for registering labor relations, there is an additional basis for dismissing an employee. If a person comes to his position for whom this will be the main place, he will be fired.

Part-time registration

In cases where part-time work for civil servants and municipal employees is permitted in accordance with the law, registration of part-time work is carried out in the manner established by the Labor Code. To work part-time, you must conclude a separate employment contract, which contains:

indication of part-time work;
working conditions;
wages;
other necessary conditions of the employment contract.

The amount of remuneration for part-time work is usually set in proportion to the time worked. The payment includes all allowances and coefficients applicable in accordance with the law. But an entry in the work book of a part-time civil servant is made solely at his request.

We hope you found this article helpful. The article contains general information about the rules of law, provided for informational purposes. Consult an attorney if you have any questions.

Types of part-time jobs

Multiple positions can be internal and external. Internal

part-time work should not be confused with combination. Combination involves working in two or more positions in one institution.

Part-time work is employment in two jobs, which involve performing different functions. If these jobs are located in the same institution, then this is internal part-time work. External part-time work involves working in different organizations.

The fundamental difference between internal and external part-time work is the procedure for making an entry about additional work in the work book. To implement it with external part-time work, you must submit an application to the employer at the second job with a supporting document. For internal part-time jobs, a simple statement is enough.

As for combination, Art. 60.2 of the Labor Code allows civil servants to combine positions within the established working hours. Combination is possible only with the written consent of the employee. Employment in two positions in case of combination does not require the conclusion of a new employment contract and can be carried out free of charge, therefore this type of employment relationship should be approached with the utmost care.

The main differences between part-time and part-time jobs are shown in the table:

Criteria	Part-time job	Combination
Place of employment	at different jobs in one or more institutions	in different positions in the same institution
Employment contract	is	does not consist
Labor guarantees	all guarantees established by labor legislation are provided (vacation, rest, sick leave, bonuses)	no additional guarantees are provided for the new position
Payment	is mandatory	may not be implemented

How to calculate the number of vacation days and not make a mistake. You can learn how to receive sufficient maternity benefits here. The correct algorithm for obtaining and processing your sick leave is here!

Can a civil servant work at another job?

Is it possible?

04.06.2019

According to labor legislation, a citizen has the right to work part-time for an unlimited number of employers, including holding several vacancies with the same employer.

For small companies this is very convenient, since it allows you to avoid overstaffing by limiting yourself to combining positions. But are all employees equal in their rights? Can an employee like the general director work part-time?

Legal basis

As Article 276 of the Labor Code of the Russian Federation states, the general director has the right to work part-time for another employer, but only if there is the consent of the main employer or an authorized representative of the legal entity.

To properly register additional activities, a contract must be drawn up. However, there are some restrictions - the manager cannot simultaneously perform the functions of supervision and control.

Article 57 of the Labor Code determines that when concluding an agreement with a part-time manager, it must contain the following type of information:

Full name employee and organization name;
details of documents confirming the identity of the employee and employer;
date and place of conclusion of the employment agreement;
the name of the position for which the employee is being registered;
TIN;
working hours;
required allowances, compensation, etc.;
procedure for granting a vacation period.

We suggest you read: How to quit if you work under an employment contract

Among other things, the employment agreement may contain additional information reflecting the specifics of the activity. In general, the appointment of a general director for a part-time position is carried out according to generally accepted rules.

However, the contract must indicate that the employee is a part-time employee. Wages and other payments are calculated on the basis of the employment contract.

To comply with the registration procedure when registering as a part-time general director, compliance with certain rules is required, the algorithm of which is as follows:

The general director writes an application addressed to the authorized representative of the legal entity, asking for permission to carry out part-time work.
The submitted document is reviewed by a collective meeting of management participants at the main place of work. The decision adopted by the meeting is documented in minutes, after which it is entered on the submitter’s application in an abbreviated form as a mark on the execution of the document, and then filed in the individual personal file of the executive officer.
The general director is registered in a new workplace. In case of internal part-time work, the general meeting also makes a decision on the appointment of a manager to a part-time position, which is also documented in minutes.
When applying for a new position, an agreement is concluded with the part-time general director, reflecting all the conditions of activity, including the daily routine.
In case of internal combination, the general director, on his first working day in a new position, must issue an order to assume a new position part-time.
For an employee hired on a part-time basis, a personal card is issued in accordance with generally applicable rules, which is subsequently registered in the appropriate accounting book. If positions performed by one employee are combined within one organization, then a card is created for each job separately, as if two different employees were working.

If there is one, the entry is made at the main place of activity on the basis of a certificate given from the place of additional work. Moreover, the certificate must contain a link to the document that served as the basis for applying for a job.

Read about the number of days of part-time vacation here.

This regulatory act, referred to as “On the procedure and conditions for combining positions,” contains a list of working categories that can combine positions.

Paragraph 15 of this resolution, in particular subparagraph “a”, states that the possibility of combining two or more positions does not apply to managers and their replacements, which makes it impossible for the general director to work part-time.

At the same time, the restrictive norm was retained for the leaders of the organization, but most likely only due to the lack of appeal in this part.

To prevent the emergence of controversial issues on the part of labor inspectors, part-time work must be formalized in accordance with all legal requirements.

A part-time contract can be terminated by the employer if a full-time employee is hired to fill the position held by the part-time employee.

Civil servant

Based on the provisions of Law No. 79 of 2004 “On the State Civil Service of the Russian Federation,” an employee working in the civil service has the right to work part-time.

But according to Article 14 of the same law, additional work of a civil servant should not be the cause of a conflict of interest.

That is, part-time work should not in any way affect the quality of performance of official duties at the main job, while the length of the working day at an additional job cannot exceed four hours a day.

Within a few days, the application should be reviewed to determine whether the new job would give rise to a conflict of interest.

In reality, such situations are extremely rare, since most often the anti-corruption commission refers to a conflict of interest, prohibiting such combinations.

However, it is important to comply with the legislation regarding the length of the working day for a part-time worker. It is mandatory to obtain written consent from the employee.

Any categories of civil servants are prohibited from holding multiple positions that involve receiving income from private business; therefore, a person in the service of the state cannot be a private entrepreneur.

So the law clearly defines categories that cannot be additionally employed, these are:

members of the Government;
members of the Board of Directors of the Central Bank of the Russian Federation;
judges of various instances;
prosecutors;
civil servants in certain cases;
minor citizens;
workers carrying out their activities in dangerous and difficult conditions or in hazardous production.

Persons under the age of majority cannot work additionally due to the age limit. All other employees have the full right to combine their main job and additional work.

We invite you to read: Harmful production factors in the production of building materials

Find out why: If an employee works by writing a letter of resignation

According to labor legislation, the number of employers is not limited in any way. The only requirement is compliance with fixed time frames, expressed in four-hour daily employment for a part-time worker, no more. In general, the rights of full-time employees and part-time employees are equal.

Find out what disciplinary liability is here.

Procedure for registration and work Part-time work can be both internal (when a person works in his own institution) and external (when an employee has found a job in another company), and in both cases a separate employment contract must be drawn up.

that municipal service is a professional activity of citizens, which is carried out on an ongoing basis in municipal service positions, filled by concluding an employment agreement (contract).

From the systemic interpretation of this norm, as well as Art. 16 and several articles of the said law it follows that the position of the municipal service is filled only as the main workplace.

At the same time, combining two positions in one local government body is quite acceptable.

The exception is a number of categories of workers for whom such an opportunity is limited or prohibited due to the special specifics of the activities they carry out.

Working simultaneously in several positions, in accordance with Article 282 of the Labor Code of the Russian Federation, is a part-time job and can be carried out both within the same organization and in different ones. It is carried out on the basis of a labor agreement concluded between the parties.

Can a civil servant work part-time in another organization if he needs additional income? The question is indeed an interesting one, because for people who hold positions in government bodies and municipal institutions, slightly different rules apply than for any other employees.

Is it possible?

Answer: What documents are required to hire an external part-time worker?
a document on education or a copy thereof, when applying for a job requiring special knowledge;
a certificate about the nature and working conditions at the main place of work when hired for a job with harmful or dangerous working conditions.
Legal basis: FEDERAL LAW of July 27, 2004 No. 79-FZ

Normative base

It is important that the new job does not take more than 4 hours during the day
Did not create a conflict of interest with an existing position.