Many people recklessly believe that the biggest problem is finding this very income. But in reality, it is much more difficult to ensure that your documents are prepared properly.
In old age, your accumulated experience will bring you income and every year you work in one place or another is valuable, regardless of whether it is your main place of work or an additional one.
One way or another, many HR department employees make numerous mistakes in maintaining books of part-time employees. In order to prevent them in time, the employee himself must know how his main and non-core activities are formalized in accordance with the law.
Regulatory documents
What is so-called part-time work in Russian legislation? First of all, this is a certain type of citizen’s employment, in which he competently combines the remaining free time from one job with the remaining time from another.
Employers are chosen by the employee himself. They can be either the same person or completely different people.
The regulatory and legal basis for this type of employment is some regulations that are part of the labor complex. These include, first of all, the well-known labor code. The Labor Code establishes the provision that accepting a citizen for part-time work does not necessarily have to be reflected in the employee’s work book.
Also, the Labor Code enshrines in Article 60.1 the types of part-time work on the territory of our country and reveals their essence.
The employee is allowed to choose for himself whether he should ask for the inclusion of the fact of combination or not.
Part-time work: Labor Code of the Russian Federation, registration in the work book, Article 60.1:
The set of rules for maintaining books and their immediate storage tells how exactly to make an entry in a citizen’s work book that he has resorted to part-time work. And of course, what remains unchanged in the work of personnel officers is the act that establishes the rules for maintaining books for such employees - special internal instructions.
All these documents directly or indirectly regulate all entries made about direct part-time work in the work book.
Internal and external part-time work
Many employers, and even the employees themselves, do not even assume that all part-time work is divided into two large categories: internal and external part-time work. What is the difference between these two concepts? But first, it is still advisable to understand what similar features they have.
Let's start with the fact that both combination work is carried out outside the main working hours . This is the first and last sign that combines these two concepts.
Internal part-time work involves performing a labor function on the territory of the employer for whom the employee already works in his main job. As a rule, employers give a position of a completely different nature to their part-time employee and are not eager to include it in the work record.
This is done because one employer will pay much larger taxes on fixed assets for one citizen, which is not very profitable.
But if the matter has nevertheless taken such a turn that the employee insists on entering data on part-time work into the work record, then under the line where the citizen’s main job is written a signature is made indicating the new position, without re-mentioning the organization.
For example, when filling out a work book when applying for a job, the following was written: “LLC Rodnichok. Enlisted to the position of chief accountant." Next, the necessary numbering and date are entered, and the new position is indicated without indicating the name of the organization, for example: “enlisted as a part-time security officer.”
As for external part-time work, this is the opportunity to work not on the territory of the main employer, but in another place. A record of this work is made in accordance with the general rules, indicating the name of the organization, position and the fact of combination.
Is an entry (needed) to be made in the work book when working part-time?
While it is clear to everyone that an entry in the work book about a transfer from one position to another must be made, legislators have been arguing for years about whether an entry about part-time work is needed in the work book. Some say that this is a mandatory measure, while others, on the contrary, are confident that such a record is unnecessary.
The legislator does not react in any way to these disputes. In Article 66 of the Labor Code, it does not seem to prohibit, but does not establish this fact as an obligation. Recording part-time work is a privilege, possible only by agreement between both the employee and the employer.
That is why it is impossible to answer the question unambiguously: is an entry in the work book about part-time work necessary or not? Rather, if an employee wants a mention of it and believes that it is useful for the formation of a future pension, he can demand such a record from the employer.
If an employee does not want to enter a part-time position , since it contradicts his main job, then this is his personal right, which no one can violate in accordance with the law and other regulations.
Features of dismissal of an internal part-time worker
When dismissing an internal part-time employee, the employer already has all the documents confirming the termination of the employment relationship. Therefore, the employee does not have to provide a certified copy of the dismissal order.
The dismissal of an internal part-time employee is documented using the same documents as for the main employee. The only exception is making an entry in the work book. As stated above, this entry is made only at the request of the employee. The same entry rules apply.
The entry must indicate that it is the part-time employment contract that is being terminated. This will help to avoid future confusion regarding which position the employee was fired from.
We hope you found this article helpful. The material is not a substitute for legal advice. Consult a professional if you have any questions.
Basic Rules
Unlike changing the name of the organization in the work book, which is mandatory, an entry about part-time work may or may not be made. It all depends on the wishes of the employee himself
It is also necessary to remember that no matter what position is entered as part-time, there must be a word in front of it that indicates that this is not the main job.
Also, the combination rule established by personnel officers says that the position that comes first is the main job. The subsequent one is a part-time job and is formalized accordingly.
It is also important to remember that you can make any note in the work book , but keeping in mind the basis in the form of a corresponding order. In this case, we are talking about an order, about accepting a citizen for a part-time job.
Legal basis
The work book contains information about the official places of work of the employee and is an important document.
Based on the Labor Code (Article 66), it is not necessary to enter information that a person has been accepted into another organization.
Labor Code of the Russian Federation
In practice, two situations occur:
- a person gets a job as a part-time worker at his main place of work (internal part-time job) - they make an entry in his book without any problems, and no additional documents are needed, because the organization already has the necessary data;
- the employee plans to earn money at the same time in another company (external part-time job) - there may be difficulties in recording (objection from the main employer), in addition, you need to collect certain documents.
There is a nuance: the legislation of the Russian Federation does not regulate whether an employee is obliged to express his initiative to make an entry in the work book in writing or whether it is enough to say his wish in words.
Lawyers recommend drawing up a statement indicating the corresponding request to your management.
An example of such a statement:
Sample application from an employee to make a part-time entry
Step-by-step instruction
Of course, part-time work is not such a common case, and not every personnel officer knows how to correctly make such an entry in the work book. This is especially true if there is a division into internal and external part-time work. Let's look at each of the above cases in detail in order to avoid making mistakes in the future.
Internal part-time job
- The HR department employee must find his work book in the personal file of a particular employee.
- Next, in the work book, the HR department employee must find the latest entry about hiring. As a rule, it should belong to the last employer for whom the employee performs the main labor function and for whom he seeks to work part-time.
- Without deviating a single line from the last entry , the HR employee must put in the leftmost column the serial number immediately following the previous one in the entry.
- It is also necessary to put a date that corresponds to the day the work book was filled out.
- Now you need to proceed directly to filling out the most important line, which contains information about the job application. The entry should sound like this: “Hired as a part-time employee for such and such a position.” The fact that we did not indent the line from the last entry and did not indicate the name of the new employer will indicate that the employee is carrying out an internal combination.
- The final touch is to indicate the order number and the date of its issuance . As a rule, the order slightly precedes the setting of the date of entry into the labor record.
- Don’t forget to affix the organization’s seal and the signatures of the employer and his deputy.
At this point, the labor filling stage is completed. Now, it’s worth considering the procedure for entering data on external part-time work.
External part-time job
- As in the first case, the employer removes the employee’s employment file from the personal file and opens it on the double page where information about the place of main work was last entered.
- The HR employee steps back exactly one line from the last entry and begins filling it out.
- The left column contains the serial number of the entry.
- in the next column .
- Now, in the next, namely the third column, we indicate the name of the new organization where you will now carry out the combination. For example, LLC Firefly.
- On the next line write the above-mentioned phrase: “Hired part-time for such and such a position.”
- Don’t forget to indicate in the fourth column the number and date of the order, as well as the employer’s signature and seal.
It would seem that there is nothing complicated in filling out, but many personnel officers manage to make a bunch of mistakes in such a simple task. To better understand how to make a part-time entry in a work book, a sample will help you.
Entry in a part-time work book - sample:
Part-time job features
The main place of work is where the work book is kept. If a worker works in one organization in two positions, this is internal part-time work. If he works for different employers, this is external.
A citizen has the right to work for an unlimited number of employers. The exception is athletes, coaches and heads of organizations (part 1 of article 276, part 1 of article 348.7 of the Labor Code of the Russian Federation). In this case, they must provide permission from the main location. Minors are prohibited from working for multiple employers. Drivers and employees employed in hazardous work may have a part-time job, but work in a different profession.
How to correctly make an entry in a part-time work book is indicated by the Government of the Russian Federation Decree No. 225.Z dated April 16, 2004 and the Ministry of Labor Decree No. 69 dated October 10, 2003.
External part-timers
A situation where an employee works for another employer in his free time from his main job is an external part-time job. A contract must be concluded with the worker. The employee is not required to inform the main employer about this.
When filling out the document, use the sample on how to make an entry in a part-time (external) work book.
For registration to the HR department the following is provided:
- passport;
- SNILS;
- education document.
When applying for a job with hazardous working conditions, a certificate from the main employer about the conditions and nature of work is added.
Internal part-timers
It is issued by the employer at the main place of employment during free time. An employment contract is concluded with the employee, which necessarily states that the location is not the main one. They work in the second position at 0.5 times the rate or less.
On what basis are such entries made?
The basis for making such entries in the labor record is the conclusion of an employment contract and, as a consequence, the issuance of an order in this regard by the organization. Guided by the order, the personnel officer makes an entry in the labor record.
The order is a local regulatory legal act with valid legal force throughout the organization. It is he who secures the employee’s right to combine jobs. An employment contract is a given that establishes the beginning of an employment relationship between an employee and an employer.
Application for part-time employment
The entry for part-time employment is made primarily either by an employee of the HR and accounting department or by the employer. This record must contain information about the date, place and position where the employee will perform the combination.
The entry must be made only in blue or black ink . Special requirements are also imposed on the handwriting of the person filling out the work book. It should be as neat and understandable as possible so that strangers can read what is written.
It is also necessary to remember that neither punctuation nor spelling errors should be made. This risks rewriting the recording.
The employee must be sure to familiarize himself with the record so that if there is an error, he will notice it in time.
Part-time dismissal: entry in the work book
When filing for dismissal from a part-time job, it is also important to remember what type of part-time job you used. In case of internal part-time work, the personnel officer writes a simple entry: “dismissed from part-time work for such and such a reason in accordance with article such and such.”
As for external part-time work , before writing this phrase, you need to indicate the name of the organization in which you worked.
The rules for writing dates, orders and filling out other columns, in general, remain unchanged. The owner's surname may be changed in the work book. Read how to do this here.
About part-time translation
Translation also takes place when it comes to so-called part-time work. The HR employee makes a corresponding entry in the third column: “Transferred part-time to such and such a position.” Otherwise, the columns are filled in in accordance with the method described above.
How is dismissal formalized?
Information about dismissal from another organization is entered on the basis of a certified order or certificate from the employer. Information is entered in the HR department only for the main location. Since an employee is not required to inform his second job about his dismissal from his main job, a situation arises when an employee quit his main employer, but remained to work for an external one. In this situation, when the employee terminates the part-time contract, he will bring a confirming document to the new main workplace, and the HR department will write a line about dismissal. This is not an easy situation. To avoid mistakes, use the sample part-time dismissal: look for the entry in the work book on the second page.
Features and nuances
The main feature of all records of so-called part-time work is attentiveness.
It is very important not to get confused in the names of organizations, dates and numbers, both for the HR employee and for the employee himself.
Unfortunately, many HR employees, especially when working internally, make a number of mistakes in writing, simply getting confused about positions, orders and dates. To avoid such shortcomings, it is worth constantly checking the work of personnel officers , both employers and employees themselves.
Gene. Part-time director
In the case of the general director, he, like other employees, is allowed to work part-time. True, the entry in the labor record will be different from the above.
In the work book of the general director, in addition to the number, date and order, there must be the following entry: “appointed part-time to the position of general director of Romashka LLC.” Despite the job responsibilities and position in principle, the fact of part-time work must be reflected in the employee’s work book. The full rules for filling out a director’s work book can be found here.
Entry in the work book about hiring a part-time director:
In hindsight - is it possible?
Making retroactive entries is an offense that is subject to administrative liability. Judging by the practice of such offenses, in some cases personnel officers received the article “forgery of documents,” so you cannot take risks with such actions.
to register something in a work book retroactively only if the employee has died outside the enterprise or organization. All other cases prohibit such action. But, unfortunately, in pursuit of profit, many personnel officers spit on such legislative advice and receive fines ranging from three hundred to three thousand rubles.
Is there a difference in the records of external and internal part-time workers?
The only difference is that for internal employment, you do not need to indicate the name of the company in the “Work Information” and “Base Document” columns: compare the example of a part-time dismissal entry in the work book of one employer with the example shown below.
The sample entry for a part-time job in another organization differs from that presented above.
Legal documents
- Art. 276
- Art. 348.7 Labor Code of the Russian Federation
- Resolution of the Ministry of Labor dated October 10, 2003 No. 69