Article 282. General provisions on part-time work

Chapter 44 of the Labor Code defines the legal status of part-time workers, as well as general provisions relating to part-time work. Labor legislation, namely Art. 60.1 of the Labor Code, secured the right of an employee who has an employment contract to enter into other labor agreements in order to combine work.

According to the Labor Code, part-time work is work in accordance with the terms of the employment contract in cases where:

• there is already a concluded contract, possibly with the same employer;
• according to the terms of this agreement, the employee is already working at his main job;

The work performed under the terms of such an agreement is performed regularly and is subject to payment. Additionally, part-time work must be performed in free time from the main one. Second part of Art. 282 of the Labor Code determines the legal possibility of workers when concluding an agreement that concerns part-time work with any number of employers. The consent of the employer under whose contract these workers operate is not required.

However, there is an exception, which, for example, is the work of a manager while combining work with some other employer. At the same time, the governing body of the legal the person must give his consent to this, or the owner of the property gives consent to the execution of such agreements (Article 276 of the Labor Code).

What is part-time work?

In accordance with the labor legislation of the Russian Federation (Article 282 of the Labor Code of the Russian Federation), part-time work is understood as the performance by an employee of additional work functions for the same or another employer in the time free from his main work duties.

The basic features of part-time work according to the Labor Code of the Russian Federation are:

• Registration by concluding an employment contract.
• Perform during free time from essential job duties, including rest periods and weekends.
• Paid by the employer.
• Allowed with any number of employers.

Additional information
The employer’s order to hire an employee for a position, as well as the contract, must indicate that he will be a part-time worker.

The legislation notes that not every case can be recognized as part-time work.

For example, part-time work is not:

• One-time medical examination (with one-time payment).
• Providing advisory assistance to citizens if the time spent on this does not exceed three hundred hours per year.
• Performing work in accordance with a position that is not officially included in the staff of an organization or enterprise.
• Duty on schedule with excess working hours.

Article 282 of the Labor Code of the Russian Federation. General provisions on part-time work

1. Labor relations of persons working part-time are regulated for the first time at the legislative level in the Labor Code. Previously, the work of part-time workers was regulated by Resolution of the Council of Ministers of the USSR of September 22, 1988 N 1111 and the Regulations on the conditions of part-time work adopted in accordance with it, approved. Resolution of the State Committee for Labor of the USSR, the Ministry of Justice of the USSR and the All-Union Central Council of Trade Unions of March 9, 1989 N 81/604-K-3/6-84. It should be noted that the very concept of “part-time work” in the Labor Code has not changed. In accordance with Part 1 of the commented article, work under an employment contract is part-time if:

• the employment contract was concluded with an employee who is already in an employment relationship with the same or another employer;
• under this contract, other work is performed in addition to the main one;
• The work performed under another employment contract is regular and paid, and this work is performed by the employee in his free time from his main job.

2. An employee has the right to enter into employment contracts for part-time work with an unlimited number of employers (Part 2 of Article 282 of the Labor Code of the Russian Federation). In this case, any permission (consent), incl. and from the employer at the main place of work, this is usually not required. The exception is cases expressly provided for by federal law. For example, according to Art. 276 of the Labor Code, the head of an organization has the right to work part-time for another employer only with the permission of the authorized body of a legal entity, or the owner of the organization’s property, or a person (body) authorized by the owner (see commentary to Article 276).

3. According to Part 3 of the commented article, part-time work can be performed both at the main place of work and with other employers. Work performed under another employment contract for the same employer is called internal part-time work; for another employer, it is called external part-time work (see commentary to Article 60.1).

The commented article allows for internal part-time work both in the same specialty (profession or position) in which the main work is performed for a given employer, and in another. In other words, an employee can work both externally and internally in any specialty, profession or position stipulated by the employment contract, incl. and the same as at the main job.

4. When concluding an employment contract for part-time work, it must, along with other conditions, indicate that the work is part-time (Part 4 of the commented article; see also commentary to Article 57). Both internal and external part-time work are formalized by an employment contract concluded in writing. In this case, the rules established by Art. 67 (see commentary to it).

By concluding an employment contract for part-time work, the employee acquires the corresponding legal status under this contract, which does not change automatically due to changes occurring at the main place of work. For example, if an employee has terminated his employment relationship with the employer at his main place of work, then part-time work does not become his main job. This conclusion follows from the content of Part 4 of Article 282 of the Labor Code of the Russian Federation, according to which the condition of part-time work is a mandatory condition of the employment contract, and Art. 72 of the Labor Code, which provides that changes to the terms of an employment contract determined by the parties are allowed only by agreement of the parties and in writing (see commentary to Article 72).

5. Part 5 of the commented article stipulates which categories of workers and under what conditions are prohibited from working part-time.

In accordance with it, in all cases, part-time work for persons under the age of 18 is not allowed.

Persons engaged in heavy work as part of their main work, work with harmful and (or) dangerous working conditions, can work part-time, provided that the work performed as part-time work is not associated with the same conditions, i.e. heavy, harmful and (or) dangerous.

Employees whose work is directly related to driving vehicles or controlling the movement of vehicles are not allowed to work part-time work directly related to driving vehicles or controlling the movement of vehicles. The list of jobs, professions, positions directly related to driving vehicles or controlling the movement of vehicles is approved by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (see commentary to Article 329).

Part-time work is not permitted in other cases if this is expressly provided for by federal law. So, in accordance with Art. 14 of the Law on Municipal Service, municipal employees do not have the right to engage in other paid activities on a part-time basis, except for teaching, scientific and other creative activities. According to Art. 21 of the Law on State and Municipal Unitary Enterprises, the head of a unitary enterprise does not have the right to be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local governments, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activity, be the sole executive body or a member of the collegial executive body of a commercial organization, except for cases where participation in the bodies of a commercial organization is part of the job responsibilities of this manager.

6. Features of the regulation of part-time work for certain categories of workers (teaching, medical and pharmaceutical workers, cultural workers) in accordance with Part 6 of the commented article are determined in the manner established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

Decree of the Government of the Russian Federation of April 4, 2003 N 197 “On the features of part-time work for teaching, medical, pharmaceutical workers and cultural workers” (SZ RF. 2003. N 15. Art. 1368) established that the features of part-time work for these workers are determined The Ministry of Labor and Social Development of the Russian Federation in agreement with the Ministry of Education of the Russian Federation, the Ministry of Health of the Russian Federation and the Ministry of Culture of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

In accordance with the above-mentioned Resolution of the Government of the Russian Federation, the Ministry of Labor of Russia adopted Resolution No. 41 of June 30, 2003 “On the peculiarities of part-time work for teaching, medical, pharmaceutical and cultural workers” (BNA RF. 2003. No. 51).

This Resolution establishes the following features of part-time work for teaching, medical, pharmaceutical and cultural workers:

a) these categories of employees have the right to carry out part-time work at the place of their main job or in other organizations, incl. for a similar position, specialty, profession, and in cases where reduced working hours are established (with the exception of work for which sanitary and hygienic restrictions are established by regulatory legal acts of the Russian Federation);

b) the duration of part-time work for the specified categories of employees during a month is established by agreement between the employee and the employer, and for each employment contract it cannot exceed:

• for medical and pharmaceutical workers - half the monthly standard working time, calculated from the established length of the working week;
• for medical and pharmaceutical workers whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
• for doctors and paramedical personnel in cities, districts and other municipalities where there is a shortage of them - the monthly standard of working time, calculated from the established length of the working week;
• for junior medical and pharmaceutical personnel - the monthly standard of working time, calculated from the established duration of the working week;
• for teaching staff (including trainers-teachers, trainers) - half of the monthly standard working time, calculated from the established length of the working week;
• for teaching staff (including trainers-teachers, trainers) whose half of the monthly working time for their main job is less than 16 hours per week - 16 hours of work per week;
• for cultural workers involved as teachers of additional education, accompanists, choreographers, choirmasters, accompanists, artistic directors - the monthly standard of working time, calculated from the established length of the working week;
• c) the teaching work of highly qualified specialists on a part-time basis, with the consent of the employer, can be carried out in educational institutions for advanced training and retraining of personnel during regular working hours while maintaining wages at the main place of work.

According to clause 2 of the Resolution, the following types of work are not considered part-time work for the specified categories of workers and do not require the conclusion (registration) of an employment contract:

• a) literary work, incl. work on editing, translation and reviewing of individual works, scientific and other creative activities without holding a full-time position;
• b) carrying out medical, technical, accounting and other examinations with a one-time payment;
• c) teaching work on an hourly basis in an amount of no more than 300 hours per year;
• d) consulting by highly qualified specialists in institutions and other organizations in the amount of no more than 300 hours per year;
• e) supervision of graduate students and doctoral students by employees who are not on the staff of the institution (organization), as well as the head of the department, management of the faculty of an educational institution with additional payment by agreement between the employee and the employer;
• f) teaching work in the same institution of primary or secondary vocational education, in a preschool educational institution, in an educational institution of general education, an institution of additional education for children and other children's institution with additional pay;
• g) work without holding a full-time position in the same institution or another organization, incl. performance by teaching staff of educational institutions of responsibilities for managing classrooms, laboratories and departments, teaching work of managers and other employees of educational institutions, management of subject and cyclic commissions, work on the management of industrial training and practice of students and other students, duty of medical workers in excess of the monthly working hours according to graphics, etc.;
• h) work in the same educational institution or another children's institution in excess of the established norm of hours of teaching work for the wage rate of teaching staff, as well as accompanists, accompanists for the training of arts workers;
• i) work on organizing and conducting excursions on an hourly or piece-rate basis without holding a full-time position.

Carrying out the work specified in subparagraph. “b” - “h”, is allowed during regular working hours with the consent of the employer.

When applying Article 282 of the Labor Code of the Russian Federation, it should be borne in mind that the said Resolution must be applied taking into account the amendments made by Federal Law of June 30, 2006 N 90-FZ in Art. 284. In accordance with the new edition of this article, the duration of working time when working part-time is limited, as a general rule, to half the monthly norm (standard working time for another accounting period) established for the corresponding category of workers (see commentary to Article 284) .

Regulatory norms of the Labor Code of the Russian Federation

The main regulatory act regulating part-time work is Chapter 44 (Articles 282 to 287) of the Labor Code of Russia and Russian Government Decree No. 197 dated November 4, 2003, which states that the features of such work for certain categories of subjects of labor relations, for example, teachers, pharmacists , doctors, cultural workers and others, are determined by the Ministry of Social Labor of the Russian Federation dated August 7, 2003, No. 41.

attention

This type of legal relationship is also defined in Article 60.1 of the Labor Code of the Russian Federation. It should be remembered that Article 90 of the Labor Code, which permitted part-time work exclusively in a position or profession other than the main one, has lost its force (valid until October 6, 2006).

Difference from combination

Despite the similar sound, part-time work must be distinguished from combination work.

As stated above, part-time work according to the Labor Code of the Russian Federation is an additional activity under an employment agreement, in time free from the primary job function. And combination (Article 60.2 of the Labor Code) is additional work without interruption from one’s main labor functions (position).

Additional Information

Part-time work can be registered either with the same employer or with different ones. And the combination, as a rule, occurs under the leadership of the same boss.

Part-time work is formalized, like the main work activity, by signing an employment contract, including for an indefinite period. When combining, the employer and his subordinate sign an additional agreement to the contract, which clearly establishes the deadline for the performance of additional job responsibilities.

Also, with a part-time job, a record of a citizen’s employment for a similar job can be made in the work book; with a combination job, nothing is entered in the work book.

Another difference concerns the probationary period. In the first case, it can take place by agreement of the parties, in the second, it is not established.

When combining jobs, no additional payments or regional coefficients are provided for wages, but when working part-time, they are required.

IMPORTANT

Unlike part-time work, part-time work does not provide vacation time. If, in a part-time job, the termination of an employment contract occurs on the general grounds recorded in the Labor Code of Russia, then in a combination job, the employer has the right to terminate the employee’s additional duties ahead of schedule, warning him about this in advance. The employee has the same right.

Types of part-time jobs

The Labor Code of Russia in Article 60.1 provides for two types of part-time work: internal and external.

External is when a person carries out his additional labor functions in another organization. That is, he concluded two employment contracts. According to one of them, he works at his main place of work in the first organization. And according to the second contract, he is listed as an employee in another organization, where he performs his official duties in his free time from his main job.

The number of employment contracts that a citizen can conclude with another employer is not limited.

Internal part-time work involves working in two positions for the same employer at the main place of work. In this case, two employment contracts are also concluded with the applicant.

Is it possible to prohibit an employee from holding a second job?

“I want to get a part-time job in another organization, but they asked me to bring a certificate from my main place of work. However, the employment contract for the main place of work contains a clause prohibiting part-time work in other organizations. The employer, referring to this clause of the contract, refuses to issue a certificate, arguing that such a workload will not allow the main work to be performed efficiently.”

Upon request, Norma’s labor law expert Lenara KHIKMATOVA commented on the situation:

– “Indeed, persons applying for part-time work in another organization are required, instead of a work book, to present a certificate from their main place of work according to the approved one.

The main place of work is the organization in which the employer maintains the employee’s work record book.

Part-time work is another paid job performed in addition to and in free time from the main job, under the terms of an employment contract.

According to Art. 72 of the Labor Code, an employee may enter into employment contracts for part-time work in the manner prescribed by law. And the legislation directly prohibits part-time work:

• persons under 18 years of age;
• in jobs with unfavorable working conditions, if the main job of a part-time worker is associated with the same conditions (with the exception of employees of healthcare organizations);
• as an employee (specialist) of the road transport safety service;
• employees (except for technical and service personnel) of the Presidential Administration and the Cabinet of Ministers, heads of government bodies, their deputies and heads of structural divisions, chairman and members of the Council of Ministers of the Republic of Karakalpakstan, except in cases provided for by decisions of the President and the Cabinet of Ministers;
• khokims of regions, districts and cities and their deputies;
• specialists of government bodies in organizations subordinate or controlled by one another, with the exception of doctors employed in health care management bodies and teachers employed in education management bodies;
• other persons (employees) who, in accordance with the law, are prohibited from working part-time.

If part-time work is not associated with the above restrictions, then it is possible to work part-time. Those. The rule is that what is not prohibited is permitted.

Moreover: the consent of the employer, trade union committee (representative body of workers) or other body from the main place of work to part-time work is not required .

Thus, the employer does not have the right to include in the employment contract a condition on:

• prohibition of part-time work;
• obtaining his permission to work part-time.

This provision worsens the employee’s position in comparison with the rights granted to him by the Labor Code. And according to the Labor Code, the terms of agreements and labor contracts that worsen the situation of workers in comparison with legislative and other regulations are invalid.

Consequently, even if, with the consent of the employee, a clause limiting part-time work is included in the employment contract, it has no legal force by virtue of the Labor Code.

The refusal of the employer at the main place of work to issue an employee a certificate of employment can be appealed to the labor authorities or the prosecutor's office. An official of the employer may be held administratively liable under the Code of Administrative Offenses and imposed a fine.

In addition, the employer at the main place of work is obliged, upon a written application from the employee, on the basis of a certificate from the place of part-time work, to make an entry in his work book about part-time work, indicating the period of work.”
Experts' explanations reflect their opinions and create an information basis for you to make independent decisions.

When can you not work part-time?

The Labor Code of the Russian Federation (Articles 282, 329, 276) and some federal laws (No. 2487-1, No. 79, No. 25, , , No. 76, No. 86) established restrictions for certain categories of citizens who cannot be part-time workers or may, but with restrictions.

For clarity, this information is shown in the table below:

Where is it allowed to work part-time?

Part-time work can be carried out in almost any organization, especially if it provides for a shift schedule (except for the cases described in the table above).

attention

The legislation provides special benefits to pregnant women who are external part-time workers. They can receive maternity benefits (maternity benefits) from two employers at once. Moreover, the amount of these benefits must be given to them in full, without any deductions.

Decor

When applying for a part-time job, a citizen must write an application addressed to the employer.

In accordance with Article 283 of the Labor Code, the applicant in this case may be required to provide a mandatory list of required documents:

• Passport or other identification document.
• Documentation of the necessary education, skills or training (for example, a diploma).
• A certificate from the main place of work confirming the absence of harmful or health-threatening working conditions (if additional work is associated with such conditions).

The Labor Code of the Russian Federation does not mention a state insurance pension certificate. However, it must also be provided to the employer, since he is obliged to pay a certain amount of contributions to the Russian Pension Fund for the part-time worker.

Taking into account the fact that each industry has its own characteristics, other documents may be asked for, for example:

• Certificate of absence of mental or drug problems.
• Document confirming no criminal record.
• Medical certificate allowing you to drive a vehicle.

Additional information
Under the terms of the interview, an employment contract is concluded with the applicant, which must indicate that this is a part-time job. An agreement can be concluded for a specific period or for an indefinite period.

Article 283. Documents presented when applying for part-time work

When applying for a part-time job with another employer, the employee is required to present a passport or other identification document. When hiring a part-time job that requires special knowledge, the employer has the right to require the employee to present a diploma or other document on education or professional training or duly certified copies thereof, and when hiring for hard work, work with harmful and (or) dangerous working conditions - a certificate about the nature and working conditions at the main place of work.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

Entry in the work book

If a citizen wants information about his additional activities to be contained in his work book, he must ask the employer in his main position to make a corresponding entry in it.

As evidence, he must present:

• A copy of the order from another company about hiring for a position.
• Statement.
• Certificate from the new place of work with details.

Based on the documents received, the employer issues an order, and then the HR department makes a corresponding entry in the part-time worker’s work book.

Employment contract and working conditions

How many hours per week

The document must state that the operation is part-time, therefore the length of the day should not be more than 4 hours a day. Otherwise, it is overtime work.

Vacation

Annual paid leave must be provided at the same time as in the main position. However, the duration is shorter. An employee has the right to take leave without pay at his own expense.

Information! The document states that wages depend on the number of hours worked or depending on the employee’s output.

The conditions for termination of the document must be specified. In any case, the manager is obliged to notify about this 14 days before dismissal. An order to hire a part-time employee is issued in writing based on the employee’s submitted application. Next, an entry is made in the work book.

Sample order to end part-time work:

When hired, the employee must know his days off from his main job in order to agree on the schedule for a part-time position. In this case, the document must include information about days off from main work, when a part-time worker can work more than 4 hours a day. If information about free days at the main position appears later, the data is included in the annex to the contract.

External part-time work - entry in the work book

When registering an external part-time job, the law does not require the mandatory presentation of a work book to the new employer, especially since it must be kept at the main place of work.

Additional Information

Accordingly, a record of employment for such work is not made in the book unless the employee wishes otherwise.

In this case, according to the Labor Code of the Russian Federation, he is obliged to present to the employer in his main position a list of the above-mentioned documents. The entry in the work book must contain the name of the enterprise in which the employee was hired on a part-time basis.

How to correctly make an entry in a part-time work book according to the Labor Code of the Russian Federation:

• Column 1 – enter the serial number of the entry.
• Column 2 – write the date the part-time worker was hired.
• Column 3 - it is indicated that such and such was hired by such and such organization (name) as a part-time worker and the names of his qualifications, position, etc. are indicated.
• Column 4 – write the name of the document on the basis of which entry No. 3 was made (for example, an order).

Part-time employment

The document specifies the points presented in the contract. However, there are also a number of features. It is allowed that a citizen’s employment at the main production place coincides with the same at the additional one.

1. It is indicated that the employment is part-time.
2. The part-time worker and the manager can enter into an agreement for a specific period, which is stated.
3. If there is a probationary period, this is also indicated.
4. The main condition is that the citizen in the second company must work part-time.
5. The terms of remuneration are also specified.
6. The manager does not have the right to include in the document information prohibiting working at additional jobs. According to the legislation of the Russian Federation, a person can have an unlimited number of jobs.

Example of an employment contract

So, how to draw up a correct employment contract when working part-time? The name of the organization and form of ownership are stated in the header of the document. Also information about the general director, who acts as an employer, and information about a citizen who is hired into employment. Agreement structure:

1. Item. General provisions.
2. Period of operation of the contract.
3. The procedure for receiving wages and bonuses.
4. Responsibilities at the production site.
5. Hours of work and rest.
6. Rights and obligations of each party.
7. Employee social insurance.
8. Guarantees and compensations according to the Labor Code.
9. Responsibility of the parties.
10. Grounds for termination of the agreement.
11. The following contains information about the documents on the basis of which the agreement was drawn up, and the signature of the employee indicating that he has read the contents and agrees with the conditions set.
12. Name and details of the local regulatory act.
13. Date of review and signature.
14. Details of the Parties.

It is always indicated that the employee received a copy of the contract certified by the seal of the organization.

Sample application for part-time work:

Time sheet

A time sheet is a document that reflects the time actually spent by a part-time employee on performing his job functions. At the end of the month, the hours are summed up, and on this basis the employee is paid wages in accordance with the provisions of Article 255 of the Labor Code.

As for the internal part-time worker, the time spent by him on performing his duties is taken into account in the same way, but simultaneously with the time that the part-time worker spent on his main job.

If a person holds two positions at an enterprise at once, then the salary will be paid to him in aggregate (for both at once).

There is a standard form of time sheet T-12 for recording working hours, consisting of many columns. In practice, each employer fills it out differently, but everything should look something like the photo sample shown:

Wage

The Labor Code of Russia does not establish any distinctive features regarding the remuneration of persons working part-time.

In accordance with Article 285, wages are accrued to such employees in direct proportion to the time spent on their work functions or depending on production output. Other criteria specified in the contract may also apply.

Additional Information

A part-time employee, like any other full-time employee in the organization, has every right to receive bonuses and additional payments in accordance with the norms of federal legislation and local legal acts, for example, labor and collective agreements.

The peculiarity of the wage in this case is that it may be less than the minimum wage established by law (Article 133 of the Labor Code of the Russian Federation). In practice, such an exception is allowed, since part-time work is carried out on a part-time basis.

Like any other employee, a part-time worker’s salary is paid at least twice a month (Article 136 of the Labor Code).

Duration of work

The total working day for a part-time worker according to the Labor Code of the Russian Federation should not be more than four hours. Moreover, if we take one accounting period (for example, a week), then the duration of part-time work should not be more than half of the total working time for the same period, established by the Labor Code of Russia. So, if such duration by law is 40 hours (Article 284 of the Labor Code), then part-time work during the same week should not be more than 20 hours.

An exception to this rule is allowed only in one case, when the employee is free for a certain period from performing his duties at his main place of work - then he has the right to work part-time on a full-time basis.

Also, the law (in particular, the Labor Code of the Russian Federation) establishes reduced working hours for certain categories of workers. Thus, teachers can work no more than 36 hours a week (Article 333 of the Labor Code), the duration of work of numerous cultural workers is specifically stipulated in the collective agreement of an institution or organization and may differ from what is enshrined in the Labor Code of the Russian Federation, but not to a greater extent.

Doctors can work no more than 39 hours a week (Article 350 of the Labor Code). All this is also taken into account when hiring part-time employees. In accordance with Article 282 of the Labor Code, in a number of cases, a monthly standard of working time is allowed for workers in these categories.

Commentary to Art. 282 of the Labor Code of the Russian Federation

Comments on articles of the Labor Code will help you understand the nuances of labor law.

§ 1. In part 3 of Art. 282 words “in other organizations” were replaced with the words “at other employers”. This means that in addition to the main work under an employment contract, an employee has the right to enter into employment contracts with other employers, both with organizations (legal entities) and with individuals (individual entrepreneurs, etc.).

In the previous part 5, the words “established by federal laws” are replaced by the words “provided for by this Code and other federal laws.”

Part 5 Art. 282 became part 6, and the former part 6 became part 5.

The fact that the main, most significant features of labor regulation for certain categories of workers are established by the Code and other federal laws was reflected in the content of the last (sixth) part of this article. Other features of the regulation of part-time work for teaching, medical and pharmaceutical workers, and cultural workers may be established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

§ 2. The working conditions of part-time workers (features of labor regulation) were provided for by the Decree of the Council of Ministers of the USSR of September 22, 1988, with an addition of September 17, 1990 (SP USSR. 1988. N 33. Art. 93; 1990. N 26. Art. 127), and the Regulations approved by the Resolution of the USSR State Committee for Labor together with the USSR Ministry of Justice and the All-Union Central Council of Trade Unions on March 9, 1989, as amended on August 15, 1990 and November 25, 1993 (Bulletin of the USSR State Committee for Labor. 1989. No. 6).

The Code contains rules on part-time work and provides for the possibility of regulating part-time work by other federal laws, as well as in the manner determined by the Government of the Russian Federation (for certain categories of employees). In accordance with these acts, the specific conditions of part-time work for each employee are determined by the employment contract. In this regard, the need to use the above-mentioned regulatory legal acts is lost. Moreover, their main provisions were used in the preparation of Chapter. 44 of the Code.

§ 3. Article 282 contains several general rules on part-time work:

1) the concept of part-time work is formulated;

2) the possibility of part-time work with several employers is established;

3) two types of part-time work are determined - internal (in the same organization with which the employee already has an employment relationship under the main employment contract) and external - with another employer;

4) it is mandatory to indicate in the employment contract that this work is a part-time job;

5) internal differentiation is provided for in the regulation of part-time work for certain categories of workers;

6) a ban on part-time work is established for a number of categories of employees.

§ 4. In accordance with Part 1 of Art. 282, part-time work is understood as 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.

§ 5. Internal part-time work is possible if there is an agreement between the employee and the employer - the employee’s application and the employer’s permission, the conclusion of a second (in relation to the main) employment contract between the same parties.

The signs of internal part-time work are as follows:

1) work for the same employer;

2) work in a different profession, specialty or position compared to the main job;

3) work outside the normal working hours (more precisely, outside the normal working hours established for the main job);

4) work under another employment contract that exists in parallel with the main employment contract.

§ 6. In accordance with Part 2 of Art. 282, the conclusion of employment contracts for part-time work is allowed with several employers, unless otherwise provided by federal law.

Signs of external part-time work are:

1) work for another employer (other employers);

2) the work can be in any profession, specialty, position, including one similar to that performed at the main place of work;

3) work outside normal working hours (standard working hours) for the main job;

4) work under another employment contract (other employment contracts) in addition to the main employment contract. At the same time, the main employment contract and part-time employment contracts exist simultaneously.

§ 7. The Code provides for certain restrictions on part-time work.

Part-time work for persons under the age of 18 is not allowed, in heavy work, work with harmful and (or) dangerous working conditions, if the main work is related to the same conditions, as well as in other cases provided for by the Code and other federal laws (ch 5, Article 282 of the Labor Code of the Russian Federation).

Currently, it is prohibited to carry out paid work on a part-time basis (except for scientific, teaching and creative activities): municipal employees (see Federal Law of January 8, 1998 “On the Fundamentals of Municipal Service in the Russian Federation” // SZ RF. 1998. N 2. Art. 224; 1999. N 16. Art. 1933); judges (see the Law of the Russian Federation “On the status of judges in the Russian Federation” of June 26, 1992, with subsequent amendments // Gazette of the Russian Federation. 1992. N 30. Art. 1792; SZ RF. 1995. N 26. Art. 2399; 2001. N 51. Art. 4834; 2004. N 35. Art. 3607)) and some other persons.

A civil servant has the right, with prior notification of the employer’s representative, to perform other paid work, unless this entails a conflict of interest (Part 2, Article 14 of Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service of the Russian Federation” // SZ RF. 2004. N 31. Article 3215).

Deputies working on a permanent basis and elected officials do not have the right to engage in entrepreneurial activities, as well as other paid activities, with the exception of teaching, scientific and other creative activities; deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation cannot hold other public positions of the Russian Federation, public positions of the constituent entities of the Russian Federation, as well as public positions of the civil service and municipal positions of the municipal service, or be deputies of other representative bodies of state power or representative bodies of local self-government; deputies of representative bodies of local self-government, elected officials of local self-government cannot be deputies of the State Duma, members of the Federation Council of the Federal Assembly of the Russian Federation, deputies of legislative (representative) bodies of state power of the constituent entities of the Russian Federation, and also hold public positions in the civil service and municipal positions in the municipal service. Other restrictions related to the status of a deputy or an elected official may be established by federal law (clause 9 of article 4 of the Federal Law of June 12, 2002 N 67-FZ “On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation ", as amended by the Federal Law of August 22, 2004 N 122-FZ (SZ RF. 2002. N 24. Art. 2253; 2003. N 27. Art. 2711; 2004. N 35. Art. 3607, N 50. Art. 4950; 2005. N 27. Art. 2708, N 30 (part I). Art. 3104)).

The head of an organization can hold paid positions with another employer, but he must obtain permission from the authorized body of a legal entity or the owner of the organization’s property or a person (body) authorized by the owner (see Part 1 of Article 276 of the Labor Code).

Other restrictions have been established for the head of the organization (see Part 2 of Article 276 of the Labor Code).

Citizens undergoing alternative civil service do not have the right to combine it with work in other organizations (see paragraph 4, paragraph 2, article 21 of the Federal Law “On Alternative Civil Service” dated July 25, 2002 N 113-FZ, as amended by the Federal Law Law of August 22, 2004 N 122-FZ // SZ RF. 2002. N 30. Art. 3030; 2004. N 35. Art. 3607).

The specifics of regulating part-time work for certain categories of workers are established by separate regulatory legal acts. Thus, the duration of part-time work in health authorities for medical workers living and working in rural areas and in urban settlements is determined by Decree of the Government of the Russian Federation of November 12, 2002 N 813 (SZ RF. 2002. N 46. Art. 4595).

The features of part-time work for teaching, medical, pharmaceutical and cultural workers are determined by Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 N 41 (Bulletin of the Ministry of Labor of the Russian Federation. 2003. N 8. P. 48).

§ 8. In the employment contract with a part-time worker, as well as in the order (instruction) on his hiring, it must be stated that this work is a part-time job. This is an essential condition of the employment contract.

No permits are required to apply for external part-time work, unless otherwise provided by law.

Dismissal

The dismissal of a part-time employee occurs on the same grounds established by legal norms as the dismissal of a regular employee.

The employer does not have the right to dismiss a part-time worker during the period of his incapacity (illness) or while on vacation (Article 81 of the Labor Code). And according to the requirements of Article 180 of the Labor Code, in connection with a reduction in staff or numbers at the enterprise, a part-time worker can be dismissed only on the basis of a receipt given to him at least two months before the dismissal.

attention

The only exception is established for this category of subjects of labor relations by Article 288 of the Labor Code, which states that a part-time worker may lose his position if in his place it is possible to hire a person for whom the same position will be the main one. In this case, the employer must notify the part-time employee about this two weeks before terminating the contract with him.

In case of external dismissal, all settlements must be made with the dismissed person no later than the day of his official departure from office. If the employee on this day ceased to perform his direct job duties, then the wages due to him and other payments must be made no later than the next day after the dismissed person made such demands.

Also, on the day of his dismissal, a citizen has the right to demand receipt of all necessary documents related to the position being left: the employer’s order of dismissal, a certificate of income, and others.

You cannot fire a part-time employee in the following cases:

• If he is sick or on vacation.
• If a woman has children under three years of age.
• Pregnancy.
• If the employee is a single mother with a child under 14 years of age.
• The employee has a disabled child under 18 years of age.

All points concerning women in enterprises also apply to men, as well as grandparents and other persons, if they are raising children left without a mother.

When employees are dismissed due to a reduction in numbers or staff, they must be paid severance pay in the amount of average monthly earnings. In addition, according to the Labor Code of the Russian Federation, the dismissed person retains his average monthly salary for the entire time he is looking for a new job (in practice, he is registered with the employment service at his place of residence) (Articles 81, 178 of the Labor Code).

The same rules apply to dismissed citizens working part-time. If a redundant part-time worker retains his position in his main job, according to the Labor Code of the Russian Federation he does not have the right to severance pay in the amount of average monthly earnings.

Information about the dismissal of a part-time worker is entered into the work book as follows:

• For the main job, a certificate from the job where the citizen worked as a part-time worker and a copy of the order of his dismissal are provided.
• Application from a citizen to make an appropriate entry in his work book.
• The employer issues an order to record information about dismissal in the book.
• An entry is made in the work book.

Commentary on Article 288 of the Labor Code of the Russian Federation

1. Persons working part-time may be dismissed on any of the grounds provided for in Art. 77 TK. In this case, all rules established by law for termination of an employment contract must be observed. Upon dismissal due to a reduction in the number or staff of employees, or upon liquidation of the employing organization, part-time workers, like other employees, are paid severance pay in the amount of average monthly earnings (see Article 178 of the Labor Code and the commentary thereto), but in contrast to other earnings It is not retained for the period of employment, since the employees are employed at their main place of work.

2. The Labor Code establishes an additional basis for the dismissal of a part-time worker - in the case of hiring an employee for whom this work will be the main one. Instead of a part-time worker, an employee can be hired on a full-time basis, as well as on other conditions - with a part-time working day or an incomplete working week. It is important that for the new employee this work is the main one; therefore, unlike a part-time worker, a work book must be kept for him. Dismiss a part-time worker under Art. 288 of the Labor Code is possible provided that an employment contract was concluded with him for an indefinite period. The law does not allow early termination of an employment contract with part-time workers working under a fixed-term employment contract in connection with the hiring of another employee.

3. When a part-time employee is dismissed from his main place of work, part-time work may become the main one for the employee, but this does not happen automatically. In accordance with Art. 72 of the Labor Code, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties, drawn up in writing. If maintaining a work book for a given employee (for example, for a remote worker) is not mandatory, to change the status from a part-time worker to a main employee, it is enough to make a corresponding change to the employment contract. If the employer is obliged to make an entry in the work book, with the consent of the employee, it is possible to terminate the employment contract for part-time work (for example, by agreement of the parties, at his own request), and then conclude an employment contract with new conditions (letter from the Federal Service for Labor and Employment dated October 26, 2007 N 4365-6-1 “On the transition from part-time work to the main place of work”).

Sick leave

According to the Labor Code of the Russian Federation, a part-time worker has the full right to pay for his sick leave, that is, disability leave, in the event that he himself gets sick or his family members who need care get sick. But under one condition: continuous, for two years, performance of official duties with the same employer (Article 13 of the Federal Law No. 255).

In case of internal part-time work, in order to receive benefits, the employee must provide only a certificate of incapacity for work issued to him by a medical institution.

If external , he must have two such sheets of paper on hand, which must be presented at two places of work. In an organization where an employee works on an external part-time basis, there should be a note about this on his sheet, and the details of his main place of work (another organization) should be indicated.