Many citizens of the country are forced to work at several enterprises at the same time in order to have enough money to pay bills and loans, buy clothes and food. The economic crisis and rising prices for goods force us to take such measures. Employers often do not pay due attention to hiring external part-time workers - after all, they are already employed at their main place of work - but the law obliges company managers to comply with all the subtleties of the procedure. Let's figure out how external part-time workers are hired.
Labor Code of the Russian Federation
In Art. 60.1 of the Labor Code of the Russian Federation states that a citizen of the Russian Federation who works in 1 workplace can also work part-time in 2 types of activities.
Part-time work is the activity of an employee during additional working hours.
Chapter 44 of the Labor Code of the Russian Federation describes in detail the working conditions of such workers.
Labor Code of the Russian Federation and Resolution of the Ministry of Labor of the Russian Federation dated June 30, 2003 No. 41
The basic principles of part-time work for doctors, teachers, etc. are spelled out in detail in Resolution of the Ministry of Labor of the Russian Federation No. 41 of June 30, 2003. It contains data on types of activities, salaries, etc.
A part-time contract is concluded with 1 or more employers, except for the exceptions specified in Art. 282 Labor Code of the Russian Federation.
In terms of timing, such a document can be of 2 types:
- urgent (Article 58 of the Labor Code of the Russian Federation);
- unlimited (Article 59 of the Labor Code of the Russian Federation).
At the moment, workers can be internal and external part-time workers. Such an employee works only during non-working hours. He receives a salary and works only under an official contract.
Design features
Depending on the type of part-time job, the procedure for registering labor interaction and the set of documentation required from the candidate differ.
Required documents
The Labor Code establishes a list of documents that a citizen must provide when applying for a part-time external job:
- a general passport or other document that certifies the identity of the new employee;
- original or copy of education document;
- a certificate from the main employer about his working conditions, if they are dangerous or harmful to health (Article 283).
Article 65 of the Labor Code of the Russian Federation prohibits an employer from requesting a work book from employees employed part-time. Entry into it is made at the main workplace and at the request of the citizen himself (Part 5 of Article 66 of the Labor Code of the Russian Federation).
When setting up an internal part-time job, the company already has the necessary data about the employee, so no additional documentation is needed. An exception is admission to a position when there is a need to confirm the knowledge specified in the education document or in the qualification received.
External part-time job
The hiring rules in this case require the conclusion of a separate agreement (Article 282 of the Labor Code of the Russian Federation). The requirements for it are similar to a regular contract:
- an indication of the position and responsibilities of the employee;
- establishing the amount and procedure for paying wages;
- reflection of the temporary period of work for a given employer.
Attention! The employment contract must reflect the conditions of part-time work.
When applying, the candidate is required to have the usual set of documents: identification (passport) and education confirmation, military ID, SNILS.
External and internal part-time employment - what is the difference?
Everyone employed in the Russian Federation has the right to be both an external and an internal part-time worker. His hiring occurs in the same way as an external one.
An internal part-time worker is an employee who performs 2 or more jobs in 1 company, and an external part-time worker is an employee who works in different companies.
Internal
Being an internal part-time worker, the worker works for the same director of the organization who has his main job.
So, Ivanov V.V. is a labor teacher at school No. 7, and after school he works as a janitor. This is an internal part-time job, because Ivanov works in 2 specialties in the same school institution.
External
External part-time worker - a worker works for a manager for whom he does not work at his main job. In such a situation, the employee does not receive a work permit from the employer or legal entity.
Only the following workers should receive permission to perform labor duties as an external part-time worker:
- directors of companies (Article 276 of the Labor Code of the Russian Federation);
- members of the company administration (Article 281 of the Labor Code of the Russian Federation);
- a citizen involved in professional sports and a coach (Article 348.7 of the Labor Code of the Russian Federation).
Hiring external part-time workers: legal regulation
First of all, it is necessary to understand the concepts of external and internal part-time work. If an employee, at the request of the employer, performs any additional work at his enterprise, this is internal part-time work. But if an employee, after finishing working at his main place of work, is sent to another employer to perform work tasks for him - this is already external part-time work.
Another way to put it is that at the enterprise where the work book is kept, the employee is employed at his main place of work. Work for all other employers will be external part-time.
So, external part-time work is the performance of official duties for a certain fee in free time from the main job at the enterprise of another employer on a regular basis.
Registration of external part-time workers for the enterprise is regulated by the labor legislation of Russia. Federal laws also contain restrictions on external part-time work for certain categories of employees. For example, you cannot get a second job:
- employees of the Central Bank of Russia;
- employees of the prosecutor's office (however, they are allowed to conduct creative, pedagogical and scientific activities);
- lawyers;
- law enforcement officers;
- military persons;
- municipal and government employees;
- members of the Government of the Russian Federation.
In addition to the cases listed above, to register an external part-time job, the following employees will have to obtain the consent of the employer at their main place of work:
- sports coaches and athletes themselves;
- director of the company (the owner of the company or the managing body of the company must give permission for part-time work).
Labor legislation prohibits employers from hiring part-time employees under the age of 18.
If an employee is involved in production that is recognized by a special commission as harmful or dangerous, holding a similar position is prohibited by law. The same applies to employees whose work activity is aimed at driving vehicles.
Prohibition on registration of part-time jobs
In Art. 282 of the Labor Code of the Russian Federation states that a worker cannot be a part-time worker and a ban is imposed on the employee if the following conditions are met:
- the worker is not yet 18 years old;
- works in a company with dangerous or poor working conditions;
- the worker drives some kind of transport for work (for example, a taxi driver);
- in other situations that are specified in detail in the Labor Code of the Russian Federation.
A part-time worker works in one place both for the same and for different employers. The following workers cannot be:
- judges;
- law enforcement officials;
- ministers of the government of the Russian Federation;
- lawyers;
- intelligence officers who work in the SVR;
- civil servants;
- military;
- other civil servants.
Before concluding a part-time contract, the director of the company must find out about the citizen’s place of work in order to prevent violation of laws.
Who is a part-time worker?
An employee working part-time is the same employee of the organization who has the right to claim compliance with all labor guarantees. He himself is subject to labor legislation and internal local regulations of the company.
Part-time work is characterized by the obligation to perform labor functions during a period free from the main work activity. For example, this is possible with a shift schedule or part-time work (for example, 0.5).
It is important to understand that this is not a combination of positions, when a person, while working in his position, takes on the responsibilities of another position in the same organization.
Part-time work involves the conclusion of an independent employment contract and the preparation of all necessary personnel documents, the main of which is the employment order. Its registration is carried out on the basis of an employment agreement.
Is an employee required to apply for a job? In fact, the document is not required by law; to draw up a T-1 order, it is enough to have an employment contract.
An application can be drawn up if the employer has such a need, in other words, if the organization, due to some needs, has such a rule, then it is necessary to write an application. This document expresses a person’s personal desire to work part-time in an organization and serves as a convenient form for collecting visas.
applications for part-time employment.
Useful video
How to accept a part-time partner correctly:
Restrictions when applying for a job
For part-time workers there is a limitation on working hours. They can work 4 hours a day as a maximum (Article 284 of the Labor Code of the Russian Federation).
The duration of a working day for 1 month cannot exceed the duration for 1 month for the main priority work.
The working hours of part-time workers are not limited in the following situations:
- if the employee temporarily stopped working in his first position (Article 142 of the Labor Code of the Russian Federation);
- if the employee was removed from his original position (Article 73 of the Labor Code of the Russian Federation).
On weekends, the worker performs his duties 9 hours a day (full working day).
Necessary documentation for external and internal part-time employment
In order to become an external part-time worker, the worker must provide the following documents to the personnel:
- your consent to perform your duties;
- ID card and its photocopy;
- photocopies of your training diploma (if needed);
- a certificate from 1 place of work (in particular, from a company where there are dangerous working conditions for humans);
- extract from the work book;
- other documents (in particular, TIN).
In order to become an internal part-time worker, you only need to provide the HR department with your consent.
Step-by-step instructions for applying for a second job
When applying for a job, a future part-time worker performs the following actions:
- draws up a written application and provides the future employer with all documents (identity card, Taxpayer Identification Number, training diploma, etc.);
- carefully studies local legal acts;
- signs a contract with the following entry “on part-time basis”. The contract specifies a different number of labor hours per day and other nuances;
- after signing the contract, the worker receives 1 copy of it;
- The company administration issues an order, after which the new worker enters the workplace within the period specified in the contract.
After adding a new part-time worker to the company’s staff, the personnel officer makes an entry in the work book at the request of the worker, and also draws up a personal card or draws up a personal file.
Preparation of documents for internal part-time work
The internal option involves working in different positions, but within the same organization.
List of basic operations when submitting documents:
- filling out a questionnaire from the employee;
- no additional documents are required. All of them are stored in the company's HR department;
- after submitting the application, an employment contract is signed;
- after signing the employment contract, an order is issued indicating the start date of work;
- You can make an entry in your work book if you wish.
Important! If an employee works part-time, he must provide an education document confirming his ability to work with this qualification.
Design rules:
- mandatory acceptance of an application from an employee;
- conclusion of an employment contract with the reference “combined”;
- issue an order;
- registration of an entry in the work book.
Sample application for employment of a part-time worker
The application for registration for part-time work must indicate:
- Full name of the employee;
- employee's place of residence;
- Full name of the head of the company;
- the day on which the employee will start working;
- Job title;
- a list of specific attachments to the application;
- working conditions;
- additional information.
Differences in employment for newly hired and existing employees of the company
For newly hired workers
The procedure for applying for a part-time position for newly hired, dismissed or transferred employees is established in the Labor Code of the Russian Federation. In this case, the citizen of the Russian Federation performs the following actions:
- gives HR officers an identity card and its photocopies, training documents, etc.;
- submits a certificate from the company to the personnel department - from the main workplace (for example, when working in a company in which it is harmful to work, when driving a car, etc.).
For workers in the company
In order to become an internal part-time worker, the worker does not have to provide HR officers with photocopies of his passport and training diploma, because the HR department already has such information.
However, an internal part-time worker provides other documents to personnel officers in the case where the 2nd position implies a different profession.
Order form
Despite the fact that in 2013 the obligation to use unified forms was abolished, in practice, when issuing an order for employment, including part-time employment, the T-1 form is still widely used.
On our website you can download both the form and a sample of filling out the order for review. The organization can also develop the form itself, based on its own needs and principles of office work.
The order will need to include:
- information about the organization and the employee, including personnel number;
- the position for which the employee, service or department is hired;
- information about the nature of the work and a mark on part-time work;
- employee remuneration procedure;
- term - if a fixed-term employment contract is concluded;
- date and number of the contract;
- signature of the author of the order (manager).
The part-time worker must be familiarized with the employment order within three days from the actual start of work. Familiarization is usually done directly on the order in the appropriate field.
Part-time employment - entering data into the work book
The personnel officer records information about employment in the part-time worker’s work book at his request. This happens at 1 worker’s workplace.
Entering data about an employee into the labor record takes place according to the rules that are prescribed in the Resolution of the Ministry of Labor dated October 10, 2003 No. 69 and the Government of the Russian Federation dated April 16, 2004 No. 225.Z
In such a situation, the personnel officer performs the following actions:
- finds his work book in the worker’s personal file;
- In the employee's employment record, he finds a record of enrollment in the company's staff. In most cases, it belongs to the last director of the company for whom the worker works and for whom he wants to work in combination;
- Without deviating one line from the last entry, the employee puts down in the left column the number that follows immediately after the previous one in the entry;
- further, the personnel officer sets the date for registration of the employment record;
- then he fills out the main line, which contains information about the enrollment of a Russian citizen into the company's staff. In this he makes the following entry: “Hired part-time for such and such a position.”
The fact that he does not indent a line from the last entry and does not indicate information about the new employer suggests that the worker is an internal part-time worker;
- Then the personnel officer puts the number and the specific day the order was drawn up. In most cases, the order is issued before the employee’s data is recorded in the labor record;
- then he puts the company’s seal in the work book and receives the signature of the employer and his deputy.
This concludes the registration of the worker’s work book. Below we discuss in detail the procedure for recording data in the work record of an external employee.
How to transfer an external employee to permanent staff?
Attention! Sometimes, after a successful part-time experience, a person decides to change his main place of work, that is, from an external part-time worker to become a permanent main employee.
This can be done in various ways:
- Dismissal - with this option, the employment contract (part-time worker) is first terminated: at one’s own request or by agreement. In this case, all required payments and compensations are made without fail (Article 140 of the Labor Code of the Russian Federation). After this, you can register on a permanent basis (by checking the record of dismissal from your main place of work in your work book).
- Transfer – you can come to an agreement with the employer (your part-time worker) at your main place of work and, through a transfer, secure his employment. An order is also issued to transfer the employee from a part-time job to a permanent one. But this option is very rarely used, as it is considered the least convenient for the employer.
- Additional agreement - you can draw it up as an addition to the employment contract concluded earlier.
The agreement specifies information that this employee becomes permanent (not a part-time worker), and appropriate changes are also made (wages, working hours, daily routine, etc.). In this case, the employee will also need to provide additional documents - a work book (with a record of dismissal) and a 2-NDFL certificate. It is important to indicate the date of entry into force of the agreement - it is considered the beginning of work in a new capacity, that is, now this place of work has become the main one.
External part-time employment - entering data into the work book
When hiring an external part-time worker, the HR officer performs the following actions:
- takes the worker’s work book from the personal file and opens it on the double page where information about the main workplace was most recently written;
- retreats exactly 1 line from the last entry and begins to fill out the labor one;
- in column 1, enter the entry number (in order);
- in column 2 records the date of registration;
- in column 3, the HR officer indicates the name of the new company where the external part-time employee now works. For example, “Winnie the Pooh LLC”;
- on the next line, the personnel officer writes: “Hired based on the fact of holding such and such a position”;
- then he indicates in column 4 the date of preparation and the number of the order, and also puts the employer’s signature and seal.
As a result, there is nothing difficult in registration, but most personnel officers make many mistakes in this simple matter.
Part-time employment at 0.5 rate
A part-time worker can also work part-time.
Orders to enroll a worker on a part-time basis are issued in the following situations:
- when the full rate of a job unit is removed from the company’s staff, and there are 0.5 job units. In such a situation, employers employ the main worker, or part-time worker (internal, external);
- when 1 position rate is divided into 2 people (1 and 2 employees receive 0.5 rates each). Situations may be different (one part-time internal worker at 0.5 times the rate, another external part-time worker).
When employed part-time, an employee submits the following documents to the personnel department:
- passport or other document that identifies a person;
- a diploma of education or vocational training or correctly certified photocopies (when registering as a worker, which requires special knowledge);
- a certificate of working conditions for 1 workplace (when applying for hard work, in a company that has harmful and unsafe working conditions);
- SNILS (plastic card);
Before becoming a part-time worker, the employee does not show the work book to the staff.
When hiring a citizen of the Russian Federation, personnel officers draw up a contract, which must stipulate that the work is considered a combination.
Based on the contract, personnel officers draw up an employment order.
Issuing a well-drafted order for enrollment is just as important as filing a lawsuit in court.
Preparation of documents for external part-time work
Thanks to the external option, the employee gets a job in another company.
The list of documents in this case is much longer, and the procedure is more complex.
List of documents for external part-time worker:
- passport;
- educational certificate;
- document confirming qualifications;
- SNILS;
- TIN;
- certificate of working conditions of the main workplace.
Important! The employer does not have the right to demand a work book, since it is kept in the main company. You can request a certified copy of it.
The registration process for such an employee:
- collection of documents;
- writing an application;
- conclusion of an employment contract in a standard form;
- familiarization with the internal rules and their signature;
- assigning a personnel number to an employee.
Important! In an employment contract, the reference to “combination” is mandatory.
If an employee wishes to obtain an entry in the work book, he must contact the personnel department at the main place of work to request such an entry.
Applying for a full-time job
When applying for a job, the future employee writes an application for part-time work, which is then signed by his employer.
The contract has the same form as when joining the staff for the main position. However, the personnel officer indicates the following information in it - the worker works part-time.
If you are working internally, you do not need to provide HR officers with your passport and training diploma again.
With internal combinations, HR officers often manage without drawing up a new contract. In such a situation, the personnel officer draws up an additional agreement.
The director of the company concludes an additional agreement with the employee if the employee combines his main job in the same specialty.
But an advertising manager will not be able to work as a taxi driver if this is not on the list of job responsibilities. In this case, a new contract must be concluded.
When recruiting internal part-time workers, HR employees draw up both fixed-term and indefinite contracts.
Registration procedure
To draw up an agreement with an internal part-time worker, no additional documents are required, since he has already provided them when applying for the main job. An exception is changed circumstances that are relevant for a new job - a diploma or certificate confirming suitability for the new position.
The external part-time worker will be required to:
- passport and insurance certificate;
- a copy of a document confirming the level of education (if required to perform the work);
- a certificate from the main place of work about the conditions and nature of work (if the work involves harmful and difficult conditions).
The employee does not need to present a work record book, since it is kept by the main employer. If desired, the employee can ask to make a record of part-time work on the basis of a document confirming this fact.
This can be a certificate in any form or a copy of the part-time worker’s employment contract.
- The future part-time worker writes a job application.
- The manager issues an order in the prescribed form (T-1), in which he indicates that the work will be carried out part-time. The issuance of an order is necessary for both types of part-time work.
- The employee must be familiarized with the local regulations of the enterprise. This is a collective agreement, job description, internal regulations.
- After this, an employment contract is signed with the employee in two copies. It must reflect the subject, rights, obligations of the parties, terms of remuneration and additional payments, compensation and benefits, details of the parties, and responsibilities.
- It must also be indicated that this work is a part-time job.
- If the nature of the work requires it, a liability agreement is signed with the employee.
- A card is created for the employee and a personnel number is assigned. It is included in the vacation schedule in accordance with the time of granting vacation at the main place of work.
You will find out the maximum period of sick leave in our detailed material. You can find out what payments are due upon dismissal of a pensioner here. For delayed wages, the employee is entitled to compensation. You will learn how to calculate it in this article.
External part-time employment under a fixed-term contract
According to Art. 58 of the Labor Code of the Russian Federation, a part-time contract is concluded for any period or up to 5 years as a maximum (fixed-term contract).
Temporary
In case of temporary combination, the future employee signs a fixed-term contract with the director of the company for a specific period of up to 5 years.
You can work part-time under a fixed-term contract in the following situations:
- if the worker performs temporary and seasonal part-time work;
- if the employee is undergoing an internship or training;
- until an employee who is absent appears at the workplace;
- when earning money abroad or in the North;
- when eliminating the consequences of emergencies or emergencies;
- if the company employs less than 40 people;
- in other activities that are temporary in nature. In this type of work, it is difficult to determine a specific duration of the contract.
Permanent
In case of permanent combination, the worker enters into an open-ended contract with the employer.
Such an agreement is usually terminated at the request of the worker.
Dismissal of a part-time worker
According to Art. 77 of the Labor Code of the Russian Federation, an employer dismisses a part-time worker on the following grounds:
- if the contract term has come to an end (when signing a fixed-term contract);
- if the employer has found a new candidate for the worker’s job;
- if the employee submitted an application to leave the company on his own initiative;
- if both the director and the employee have reached an agreement to terminate the employment relationship;
- on the initiative of the manager in case of non-compliance with the Labor Code of the Russian Federation on the part of the worker or in case of staff reduction.
At the same time, the director of the company cannot fire a worker who is on sick leave or on maternity leave (for example, while caring for a child, during pregnancy and after childbirth, etc.).
