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Published: 07/22/2016
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The Labor Code gives a citizen the right to perform one or more other paid jobs in his free time from his main job.
This kind of work is called part-time work. Its concept, conditions and procedure for registering a part-time employee are disclosed in Articles 282-288 of Chapter 44 of the Labor Code of the Russian Federation.
A prerequisite is the execution of an employment contract, which will clearly stipulate the terms of payment, working hours and responsibilities of the parties.
- Standard hours per week
- Certain categories of workers
- Fines for overtime
Employment contract with part-time worker
The provisions of Article 57 of the Labor Code indicate what information should be included in the employment agreement. In particular, information about the work schedule, when exactly a person begins to perform his duties and when he finishes, may not be specified in this act. For this reason, no condition is established to reflect in the agreement the time during which the part-time worker works.
The participants in the relationship in question resolve this issue at their own discretion. This opportunity is suitable for those who have an irregular work schedule. An exception to this rule is the situation when a labor regime is established for an individual citizen that differs from the general one for the entire enterprise. Then it becomes necessary to stipulate the labor regime in the agreement.
When a person does not work at the same time on different days, a separate schedule is developed for him. This act reflects the working period; the citizen must be introduced to the document drawn up. Confirmation of the fact of familiarization is the person’s signature on the chart. In this situation, it must be indicated that the work regime for the citizen is introduced according to a schedule approved by the company management.
If necessary, a copy of the plan can be included in the citizen’s personal file. It is imperative to state in the document the fact that the person works in several places at the same time.
Working hours for a part-time worker in an employment contract
Current legislation indicates that when working in the conditions under consideration, at the second place of performance of labor functions, it is also necessary to form an agreement with the management team of the company. This act prescribes all the subtleties related to this situation. The main requirement is a reflection of the fact that the citizen acts as a part-time worker.
Otherwise, the employment agreement is completely similar to a standard contract. It is formed at the place of main work. The legislator indicates that the management of the enterprise is responsible for maintaining records of working time. This applies to all citizens who work for the company, including those who work part-time.
An important point is that when recording the working time of part-time workers, it is not allowed to exceed the load established in legislative acts. When accounting, you need to take into account certain rules:
It is necessary to take into account the time since the citizen began performing part-time labor functions. This happens until the person terminates his employment relationship with the company.
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.
Part-time worker's time sheet
A time sheet for citizens working part-time should be considered as an act that records the time period worked by an individual citizen. In practice, several formats of the act under consideration are used. These include:
- T-12 format. It is used in situations where it is necessary to reflect the periods worked and calculate earnings for this time.
- Form T-13. It indicates only those hours during which the part-time worker worked.
The specified formats are approved by employees of the country's State Statistics Committee.
In addition, each individual enterprise has the opportunity to develop its own form in order to record time worked. The time sheet reflects the time periods during which the citizen worked in the company. It is also permissible to use the option when the time when the person did not fulfill his part-time duties is subject to recording.
It is also worth considering that for the category of citizens in question, the established details are reflected in the report card. These include a personnel number, which is assigned to each individual person. The surname and initials of each employee, position held and current profession must be indicated. In addition, it must be stated how many days and hours worked by an individual person.
Particular attention is paid to overtime and night hours, as well as the performance of work duties on days classified as non-working or holidays. It is necessary to register at what time the person did not work, having good reasons for doing so. In this situation, it is indicated why exactly the person did not go to work. For example, this is a temporary absence from work.
It is important to point out that the fact of absence from work must have documentary evidence of valid reasons. This includes a certificate of incapacity for work or an order confirming that a person is on vacation. The time sheet contains information about how many hours worked by an individual person.
How to register a part-time job according to the Labor Code of the Russian Federation?
The employment of a part-time worker differs from the employment of a full-time employee in the minimum set of documents submitted to the employer.
For registration, you need a passport and papers confirming your qualifications (diploma, certificate, certificate). It is not necessary to present a work record.
The algorithm for hiring a part-time worker consists of the following steps:
- The candidate writes an application.
- An agreement is drawn up, which fixes the essential conditions (mode, term of attraction, procedure for calculating payment).
- An order is issued (form T-1 is enshrined in the Resolution of the State Statistics Committee).
- An external part-time worker is assigned a separate personnel number.
Depending on the profile of activity, the applicant may be required to have a medical report or a certificate of no criminal record.
Maximum working time
The legislation reflects that working time for the group of employees in question cannot be more than four hours. In addition, it is stipulated that for some types of work that are associated with the difficulty of issuing a standard form regarding work of no more than 4 hours per week, it is permissible to use the option with summarized accounting of working time. The main condition is the consent of the trade union.
It is also stated that during a monthly period a part-time worker cannot work more than half of the established standard for 30 days. The introduced restrictions are subject to cancellation if the citizen is released from his duties at his main place of work. In addition, restrictions are lifted in a situation where a person, on his own initiative, terminates his relationship with the company.
This indicates that each week for a part-time worker the working period cannot be more than twenty hours. It is understood that the norm is set at four hours per day. It must not be exceeded. It is also worth remembering about companies whose work schedule does not allow for standardized work. Then it is permissible to set the working day to more than 4 hours.
In this situation, the condition that must be complied with is that one must work no more than twenty hours per week. This applies to those who work part-time. Here the provisions on cumulative time recording do not apply.
Working hours on the pre-holiday day
Regardless of which category the employee is assigned to, on the day preceding a holiday the length of the working day is reduced by an hour. These provisions are reflected in Article 95 of the Labor Code. However, this act does not provide for separate provisions for persons who work part-time.
We can conclude that general rules are established for all employees, regardless of the company where they work. This suggests that for part-time workers, a shorter duration of the pre-holiday day is also provided. Similar provisions apply to other categories of employees.
How many rates and hours can there be for internal part-time work?
Legislative acts do not reflect restrictions on how many places a citizen can work in part-time conditions. It is provided that one person has the opportunity to simultaneously have several jobs, at each of which he takes half the working rate.
If we talk about internal part-time work, this applies to situations when a person works in one company, but in several positions. The formation of this type of relationship requires the execution of a separate employment agreement. It states:
- how many hours does a person work
- bet amount
- obligations and powers of the parties
- amount of monetary reward
It is legally stipulated that the duration of the working day cannot be more than 4 hours. In addition, it is unacceptable to establish internal part-time work on a full-time basis. The limit value is half of the specified value. The employment contract must reflect the number of hours that must be worked by a person in an additional position. In a week this figure cannot be more than 20 hours.
Before hiring a person, the positions of the company management and the future employee are agreed upon. As a result, a work schedule and a table are formed where special data is entered. The last option is associated with the action of shift work in the company.
The provisions of the employment agreement also specify the procedure for making payments. Several options are allowed:
- payment for time actually worked by a person;
- payments as a certain number of orders are completed.
Currently, companies most often use the first payment option. This is due to the fact that it greatly simplifies the calculations and transfers of amounts to employees.
Probation
In accordance with the legislation of the Russian Federation, there is no direct prohibition on establishing a probationary period for a person working part-time. Chapter 44 of the Labor Code of the Russian Federation regulates that employment with a probationary period is determined according to general rules.
Information! The employer independently decides whether a probationary period is required when hiring a part-time employee or not. This is required in cases where management doubts qualifications or the specifics of the operation require it.
If we are talking about internal functioning in a similar position, the probationary period is regarded by law as an infringement of rights, since the specialist has already confirmed his qualifications.
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The terms of the probationary period are specified in the agreement concluded between the manager and the employee. Probation periods at the main place of work and additional ones do not affect each other in any way.
