Fixed-term part-time employment contract: sample, basis for conclusion, what are the differences between internal and external part-time work and how to draw it up

30.08.2019

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5 minutes.

An unfavorable financial situation in the family often forces people to look for a second source of income. The legislator allows you to combine your direct responsibilities at the enterprise with additional work, if it does not interfere with the main one. During secondary employment, a citizen has the right to enter into a regular or fixed-term part-time employment contract. Its design is based on legal norms and has a number of features.

Features of a fixed-term employment contract with a part-time worker

The law allows you to register a part-time job if there is free time left at your main place of work after completing your shift. The only condition for signing such a contract is the monthly workload, which should not exceed half the normal one, therefore, the duration of the work shift in this situation will be reduced - no more than 20 hours per week.

There are two types of part-time work:

internal, when work activity is carried out within one organization;
external, if the second place is with another employer.

Regardless of the type of part-time job, concluding an agreement is a mandatory procedure. According to the requirements of Part 1 of Art. 58 of the Labor Code of the Russian Federation it can be of two types:

unlimited, that is, valid for an unlimited time;
urgent, which is issued for a certain period of time.

Advice! To correctly indicate the limitations of a temporary agreement, experts recommend indicating the start and end dates of its validity.

Legislative regulation

The main regulatory act that allows regulating industrial legal relations between the employer and candidates is the Labor Code of the Russian Federation. Chapter 44 contains provisions regarding the drawing up and signing of a part-time contract. The simplest option is considered to be additional employment at the main place of work with the execution of a new agreement. The procedure is simplified, since the personnel department already has the employee’s documents.

At the same time, the Law allows concluding contracts with any number of employers (Article 282), if the requirements of the Labor Code of the Russian Federation on labor protection and working hours are met.

Persons working in several industries are provided with a number of guarantees.

Employment time is strictly limited and is no more than 4 hours a day (Part 1 of Article 284);
The vacation coincides with the rest period at the main place of work, and the amount of time worked does not matter (Article 286 of the Labor Code).
Compensations due to the main personnel and specified in the collective agreement or other regulatory documentation are also paid to part-time workers.

According to Art.
59 of the Code of the Russian Federation, the manager can hire an employee for additional work for a certain period of time. In this case, he suggests concluding a fixed-term employment contract. However, the Legislation does not regulate the question of what happens to this document if a part-time worker resigns from his main place of work. Obviously, in such a situation, the only contract becomes indefinite, and the employee temporarily performing official functions is reassigned to a permanent position.

Basis of conclusion

The basis for applying for a new position and concluding a work contract is the applicant’s personal statement, as well as a package of documents that he must submit:

identification;
SNILS;
certificate confirming qualifications;
TIN;
a copy of the order confirming the presence of the main place of work;
a certificate confirming the absence of harmful working conditions;
diploma, medical book.

Considering the type of future activity of the new employee, the manager has the right to demand from him copies of other documents, for example, a certificate from a psychiatrist or narcologist, about no criminal record, etc.

General provisions

The urgency of the agreement is due to the fact that it is drawn up for a certain period of time required to complete a specific job. The design of the internal contents of the document in this case will differ from the usual in that it is necessary to indicate:

the period of validity and the circumstances that served as the basis for its conclusion;
a clause reflecting the fact of part-time employment;
conditions regarding work and rest hours, as well as wages.

Advice! It is also important to correctly indicate the basis for concluding a fixed-term contract and the condition under which it will be cancelled.

Validity periods

Based on Art. 58 of the Labor Code of the Russian Federation, a fixed-term agreement can only be concluded for a limited period not exceeding five years. The main condition for its preparation is an indication of the temporary or seasonal nature of the work, as well as the presence of compelling reasons for choosing a document of this type.

Article 59 of the Labor Code of the Russian Federation especially emphasizes that an agreement of this type can be concluded with a part-time worker, even if the nature of his activity in additional work is not temporary. The main thing here is to achieve consensus between the parties.

Part-time job

If a person, in his free time from his main job, is engaged in other regular and not free work, then this form of employment is called part-time work.

Each job must have its own document, even if the employer is the same, and the employment contract must indicate the fact of part-time work.

Chapter 44 of the Labor Code of the Russian Federation describes all the features of this type of labor relations. On weekdays, a part-time worker can work four hours , on weekends – a full day. Of course, the division of days into “weekdays/weekends” depends not on the calendar week, but on the schedule at the main place of employment. In a month, the number of working hours of a part-time employee should not be more than half the number of hours of a regular employee.

The terms “part-time” and “combination” should not be confused. Part-time work occurs at the same time as your main job, and part-time work occurs after it!

Internal

This term means that a person works in one organization in two positions at the same time , with one position being the main position and the second being a combined position. Employers do not like to formalize this; it can be easier to assign additional responsibilities to an employee behind the scenes.

If the contract for internal part-time work is nevertheless signed, then the employer must create a new line in the working time sheet: it should now have two lines with the same last name. In the first - working hours for his main position, in the next - for his part-time position.

Information about internal part-time work is entered into the work book at the request of the employee. In this case, you cannot deviate a single line from the last entry. The absence of a blank line means that the new position is in the same company as the previous one.

External

Here a citizen works simultaneously in two or more companies . To register for employment, a person needs a passport and SNILS. Highly skilled work requires a document confirming qualifications (diplomas, certificates).

A contract with a limited duration and part-time validity is concluded according to the same rules - with the obligatory indication of the basis for urgency.

The work book always remains at the main job (Article 66 of the Labor Code of the Russian Federation). A citizen, if desired, can give the main employer a copy of a document signed in another company and ask that information from it be entered into the work book. But he also has the right not to inform anyone in the main service about the availability of a part-time job.

Before signing a fixed-term employment contract, the applicant must be familiar with the regulations governing the activities of the organization. A standard contract template is used, indicating the type of cooperation and hours of work. With internal combinations, this is not necessary, because the acquaintance happened earlier, but with external ones, there is.

If a woman goes on maternity leave, she first registers it at her main job, and then at her additional job. If her part-time job was at least two years, then she will receive maternity benefits from both organizations.

Changes in staffing

Resolution of the State Statistics Committee of the Russian Federation No. 1 dated January 5, 2004 contains the chapter “Staffing table”, the second paragraph of which states that the number of staff units for each position, taking into account part-time workers, is entered in column 4 in shares, for example: 0.25; 0.5; 3.75, etc. That is, changes to the staffing table need to be made in both cases - both external and internal part-time.

Procedure for drawing up a contract

A fixed-term part-time employment contract with a temporary employee has the usual sample and is concluded in the same way as with the main staff. There are no special requirements for the hiring procedure; on the contrary, performing production functions in a combined mode is economically feasible for both parties: the employer saves money by hiring a person at half the rate, while the employee profitably sells his excess free time.

When applying for a job, a part-time worker is required to submit the appropriate package of documents and write an application. It can be drawn up in any form, but must contain the reasons for such a desire. Since the employee is already employed in the main production, there is no need to bring a work book; sometimes they may ask for certificates from the place of work and about tax deductions. Information about part-time production activities is entered into the Labor Code by an employee of the personnel department at the place of primary employment, but only with the consent of its owner.

Next, an order is issued for the organization, which is drawn up using a standard employment form. All data required to be included in the document is taken from the agreement concluded with the part-time worker. The issued order indicates the number, date of preparation, and other details. It must be handed over to the employee for inspection against signature.

Who is considered a part-time worker?

Part-time work is divided into internal and external. An internal part-time employee will be considered an employee who, in addition to his main job at the enterprise, also holds another position in the same position and has entered into a second employment contract. An external part-time worker, accordingly, takes a second job not at the same enterprise where his main one is, but at a different one. Sometimes part-time work is confused with combination, but these are different concepts: when combining, the employee does not enter into an employment contract, he is simply assigned additional responsibilities and an additional payment is made for this.

The part-time worker himself, in such a half-time job, receives money for the excess time, and the employer saves if he does not need a full-time employee. With a fixed-term employment contract, he usually only needs to temporarily fill the vacancy until the main employee returns to duty.

The law has certain requirements for part-time work:

Limitation on operating time.
According to working conditions, you cannot work in harmful or dangerous conditions at two jobs at once.
Part-time work is not possible for a minor.

Sick leave, vacation

Part-time workers, along with main employees, have the right to be absent from work due to illness or going on vacation. The latter must coincide with the rest period provided at the main job. Even if a person has worked for less than six months, the employer has no right to refuse him.

Attention! The same rules apply to situations when a person is absent due to illness, and after returning to work he provides a certificate of temporary incapacity for work. He must be paid on the same basis as for key personnel.

Features of a part-time contract

When concluding a contract, it is necessary to take into account some of its features.

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

The structure of the contract provides for the mandatory inclusion in it of an indication that the person has been hired for part-time work. Such an agreement cannot be concluded with a teenager under the age of 18.

There are also requirements for regulating working hours. During the working day, performing part-time duties should not take more than four hours - half of the standard working day. But this rule does not apply to shift work when

during shift work, part-time work should not take up more than half of the working time per month or 20 hours per week. Shift work presupposes the possibility of working a full working day if the part-time worker is free at the main job at that time. But there will be no restrictions on working hours if the performance of labor functions in the main job is suspended for a certain period (vacation, suspension from work, downtime);
a contract concluded on a fixed-term basis must contain a provision regarding the period for performing labor duties. In some cases, a part-time worker has an advantage over a full-time employee. This applies to vacations. Then, when an employee is going to rest at his main workplace, he should be granted leave in the organization where he works part-time.

For the legislator, it does not matter whether 6 months have already passed since he started working. The legislator calls this case granting leave in advance. This is because both holidays must be submitted at the same time. The vacation period in the employment contract must be reflected in a separate article.

So, when hiring a part-time specialist, the employer will need to inquire about the time of his next vacation at a permanent place.

The work of a part-time worker is paid according to the time actually worked, which is recorded by the employer in the Working Time Register.

If a probationary period is provided, then a condition about it is also included in the employment contract. There are no restrictions on the appointment of a probationary period for part-time workers.

Ultimately, when hiring a part-time worker, you do not need to search on the Internet or in legal databases for the text of a fixed-term part-time employment contract; a sample standard contract can be converted into a part-time contract in a few minutes by adding a few mandatory clauses.

A separate issue will be withholding taxes and issuing a 2-NDFL certificate for a part-time worker. These certificates are issued at all places of work of a part-time worker, but tax deductions for children, or provided for on other grounds, can be provided only at one place of work at the employee’s choice.

The labor rights of an employee who has entered into a fixed-term part-time employment contract are fairly well protected by the state. But only knowledge of his rights and the mechanism for protecting them will help him achieve the most favorable conditions when applying for a part-time job.

From this video you will learn about the part-time agreement.

By law, the employer is required to conclude an employment contract with each employee - without this, he simply does not have the right to allow the employee to work. Even if we are talking about an employee performing part-time work or an employee working part-time.

Differences between an agreement with an external and internal part-time worker

The law allows able-bodied citizens to take another part-time position with their employer or choose another organization. In this regard, contracts concluded with management at the main place of work have become widespread. Since all personal data about the employee is available in the personnel service database, the hiring procedure is simplified as much as possible.

The situation with employment in another company is more difficult. The person submits a package of all the required documents, signs a contract, which indicates the fact of part-time work, work and rest hours, and payment for his production activities. If circumstances require, he has the right to work in several enterprises at once. The main thing in this situation is to comply with the requirements of the Legislation on working hours.

Concept and types of part-time work

Internal and external part-time work provided for by law have different contents, which is reflected in the terms of a fixed-term contract. With internal part-time work, the employee fills another position or performs additional duties at his enterprise; with external part-time work, he enters into labor relations outside of it.

Despite the fact that with internal part-time work, the employee remains in a relationship with his own enterprise, he must enter into a second employment contract, which can be concluded for an indefinite period or for a certain period, for example, for the period of training of an absent specialist.

The legislator makes a number of requirements for external part-time work:

Working time requirements: there are no restrictions on the number of companies with which you can enter into contracts for external part-time work. It is limited only by time. An example could be the work of a visiting cleaner, or an accountant preparing reports for several small businesses.
Requirements for working conditions: there is an additional condition - a contract for external part-time work cannot be concluded, the working conditions of which are recognized as harmful and dangerous, if the specialist is also exposed to these types of risks at his home enterprise. You also cannot combine these with internal part-time jobs. The determination of harmfulness and danger is made as a result of a special assessment of working conditions.
Prohibition on part-time work: part-time work is prohibited for deputies of the State Duma and for managers acting as the executive body of an enterprise, in some cases, it is prohibited for some civil servants and employees of scientific and educational institutions.

Some do not distinguish between the terms “part-time” and “combination”. In the second case, the employee performs additional duties at his own enterprise, a second employment contract is not concluded, and additional payments are made to him for expanding the scope of functions.

General provisions

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

the period of validity and the circumstances that served as the basis for its conclusion;
a clause reflecting the fact of part-time employment;
conditions regarding work and rest hours, as well as wages.

Advice! It is also important to correctly indicate the basis for concluding a fixed-term contract and the condition under which it will be cancelled.

Validity periods

Condition for remuneration of internal part-time workers in the employment contract

The remuneration of an internal part-time employee depends on:

organization's remuneration systems - time-based, time-based bonus, piecework;
working hours.

Internal part-time workers are not subject to the rule that the salary of an employee who has worked the full monthly working hours and fulfilled labor standards (job duties) cannot be lower than the minimum wage. After all, in fact, part-time work is part- time work.

Remuneration for internal part-time workers is proportional to the time worked - depending on output or on other conditions established in the employment contract (Article 57, Article 285 of the Labor Code of the Russian Federation).

Therefore, when concluding an employment contract, it is important to specify:

terms of remuneration (including the amount of salary or tariff rate, additional payments, allowances, compensation, incentive payments);
working hours and rest hours.