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.
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.
Certain categories of workers
For some workers, the weekly hourly rate is reduced to less than 40 hours.
Accordingly, for persons belonging to these categories and part-time workers, it is also divided in half. Restrictions on working hours apply to socially weakly protected categories:
- for disabled workers of the first and second groups, the working week is no more than thirty-five hours at their main job and 17.5 hours at a part-time job;
- for workers in dangerous or harmful conditions (third and fourth degrees of harm) the working time per week will be no more than thirty-six and eighteen hours, respectively.
There are also restrictions for teachers, medical workers and pharmacists: they cannot work part-time for more than half the hourly rate established for the month.
The exception is those who have half their working hours less than 16 hours per week. In this case, part-time work should not exceed 16 hours per week.
Medical personnel in areas where there is a shortage can work part-time within the limits of the monthly norm established by them.
Cultural workers are limited to the amount of work per month.
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Hiring external part-time workers: registration
If an employee employed part-time with another employer wants the work book to contain entries from a non-main place of work, he must present certificates to the employer at the main place of work, and he will order the entries to be made - the book cannot be transferred to a second employer.
Labor relations with employers, according to labor law, are always formalized by concluding an agreement or contract. This requirement also applies to external part-time work. Usually, 2 copies of the agreement (fixed-term or unlimited) are drawn up - for the employee and for storage in the company archive. An order for hiring a part-time worker is drawn up using standard form No. T-1. The part-time worker has the right to receive a copy of the order within 3 days.
Before the employment contract is signed, the manager must accept from the applicant the basic documents required in cases of employment:
- passport or other document proving the identity of the candidate for the position;
- diploma, certificate or other document indicating the presence of the necessary education;
- insurance certificate of compulsory pension insurance;
- TIN (if available and the employee wishes to present a certificate).
If an employee tries to get a part-time job in a position that involves working in harmful or dangerous production, the new employer is obliged to request from the applicant a certificate of working conditions from the employer at the main place of employment. This legal requirement is due to the fact that combining, internal or external, positions with harmful/dangerous production conditions is not allowed.
The employment agreement must include the fact that this work is carried out on an external part-time basis. Also, the provisions of the contract should regulate the duration of the work shift, the time at which the employee must start and finish work. The Labor Code prohibits setting working hours for more than 4 hours a day or half of the standard working time approved for this category of workers.
Features of an employment agreement with an external part-time worker
The employment relationship between employer and employee is regulated by an employment contract concluded between them. The execution of this important document requires special attention from the employer.
Dismissal is based on the provisions of the employment agreement. For a part-time partner, the contract has the following features:
- Compiled in two copies (one for each participant) in writing.
- The document indicates the part-time nature of the work.
- The duration of working hours is agreed upon.
- The employer coordinates the vacation with the vacation of the part-time worker at his main job and can extend it without pay if the main vacation is longer in number of days.
A part-time employee can work in several jobs, for several employers.
An employment agreement with an external part-time worker is drawn up on the basis of an application and a passport. Some positions require special knowledge and education, so a document certifying that you have an education may be required. Regarding the entry of part-time work in the work book, there is a rule according to which the entry is made solely at the request of the employee.
The peculiarities of employment also include taking into account special working conditions (harmfulness, danger). When applying for such positions, you must provide a document from your main place of business confirming your working conditions.
Termination of the agreement is carried out on the grounds set out in the Labor Code of the Russian Federation. It is possible to terminate the contract at the initiative of the employer in the event that a key employee is hired for the position. In this case, the employee must be notified 2 weeks before the termination of the employment relationship.
The dismissal of an employee from his main place of work is the basis for his transfer to the same position as a main specialist. To do this, a new agreement is signed.
Hiring external part-time workers: standard working hours
By law, a part-time worker does not have the right to work for a second employer for more than 4 hours a day. However, if on some day the employee did not need to go to work at his main place of employment, he is allowed to work part-time for all 8 hours. It should also be taken into account that there is a limit on the duration of working hours for a time period of 1 month. You can work no more than half of the working hours approved for employees of a given company for a certain accounting period.
Standard working hours
According to the law, the working hours of a part-time worker are limited in terms of maximum duration. The legislation provides for time limits for carrying out the job load at an external workplace.
Part-time work is allowed only 4 hours a day, which is 20 hours during the week. There are no restrictions on the number of combinations; a person can cooperate with several organizations.
A week is taken as a unit of accounting time. In such a calculation system, the working norm is 40 hours, and part-time work is 20 hours.
The head of the organization needs to know when time restrictions do not apply:
- An employee at his main job suspended his activities due to the employer’s violation of payment of wages (142 Labor Code of the Russian Federation, Article 142 Part 2);
- In case of removal of an employee from his main job for medical reasons.
Common mistakes
Error: The employer hired a minor employee employed by another business owner.
Comment: External part-time work for minors is prohibited by law.
Error: The employer did not provide an external part-time worker with a break for rest and meals, based on the fact that the employee rested and had lunch at his main place of work.
Comment: External part-time workers should have the opportunity to rest and eat. The break should not be less than 30 minutes, and the conditions of rest should be specified in the employment contract.
Standard hours per week
The legislation does not in any way limit the number of combined jobs, but sets a limit on the amount of working time for a part-time worker.
Article 284 states that he can only work part-time and not
more than four hours a day. If on some days an employee is completely freed from his main job (he has a day off or vacation), then he has the right to go to another job full time. At the same time, during the accounting period, the part-time worker’s working hours should not accumulate more than half the norm for the main employees for the same period.
For example, if you take a week as an accounting period, then the standard working hours for an accountant working full-time at his main job will be forty hours (five-day work week, eight-hour day). For a part-time accountant, this norm will be half - that is, twenty hours. Moreover, he can work throughout the week for four hours a day, or three days for four hours and one full day on his free day (day off) at his main job or position, if this is an internal part-time job.
These restrictions cease to apply if the employee is not paid a salary at his main place (more than 15 days), or if he is removed from his position for health reasons.
Part-time workers are paid in proportion to the time worked or upon completion of the volume of work specified in the employment contract.
Payment terms may also be reflected in the employment contract.
Answers to common questions about hiring external part-time workers
Question No. 1: I work at an enterprise, and also work for another employer on an external part-time basis. I recently signed another contract with a second employer. Will these labor relations be subject to the rules of external or internal part-time work?
Answer: In such a situation, labor relations based on a second contract with an external part-time worker will also be regarded as an external part-time job.
Question No. 2: What is the difference between part-time and part-time? Or are these similar concepts?
Answer: No, these concepts are different. Combination is the performance of job duties within the framework of the same employment agreement and during regular working hours. Therefore, only part-time work can be external - external combination of professions or positions is not possible.
