On the possibility of officially working two full-time jobs

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Published: 08/07/2016

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The need to generate additional income forces working citizens to look for additional places to work. In this regard, a completely reasonable question arises: how many jobs can one employee officially get?

When applying for additional employment, the official status of the employee should be taken into account first of all, since only in this case will he have the rights to all social guarantees, payments and benefits (if any are provided for by law for a specific category of working citizens).

• What does the law say?
• How many bets are allowed?
• Payment order
• Rates for teachers and health workers

What does the law say?

The possibility of part-time work, that is, working in an additional place in the time free from main duties, is provided for by Article 282 of the Labor Code.

A person receives additional work on a permanent basis with a salary established and reflected in the contract.

In this case, additional activities are carried out exclusively in free time (after main work or on weekends, holidays).

The main conditions for part-time work are listed in Article 44 of the Labor Code:

1. The employee has a main workplace where he works. In some cases, employees hide the fact of dismissal, since the employer does not have the right to demand a work book at an additional place of work. This situation does not have any legal consequences for both the employee and the employer.
2. Labor activities are carried out strictly in free time. In this case, daily employment in an additional place cannot exceed four hours.
3. Employment must be accompanied by the signing of a separate contract. This is the main difference between part-time work and part-time employment.
4. Additional work activity, formalized, is full-fledged. The employee receives all guarantees and payments established by labor legislation and local documents in force at the enterprise or organization.
5. The salary of such an employee depends entirely on the time he actually worked. Half the rate is established for workers who work at least four hours daily. Also, an employee can work two or three hours, but at the same time he will receive a lower salary.
6. A person who is a part-time worker has the right to take annual leave, receive paid sick leave, as well as accrued bonuses or other incentive payments on the same basis as other employees of the enterprise, organization or institution.

Does an employee have the right to work two full times or only one and a half times.

Your question most likely relates to: how to place two bets?

The Labor Code of the Russian Federation provides for part-time work. According to part one of Art. 282 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), part-time work is the performance by an employee of other regular paid work under the terms of an employment contract in his free time from his main job.

There is also the concept of combining positions. According to Art. 60.2 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), with the written consent of the employee, he may be entrusted with performing, during the established duration of the working day (shift), along with the work specified in the employment contract, additional work in a different or the same profession (position) for additional pay. Such additional work can be carried out by combining professions (positions), by expanding service areas or increasing the volume of work.

As you can see, the main difference between performing such additional work and part-time work is that this additional work must be performed within the working hours established for the employee. In other words, if a worker is hired for a position with an eight-hour working day, then additional work, which is carried out by combining professions (positions), by expanding service areas or increasing the volume of work, must be carried out during the same eight hours. When performing additional work on the basis of combining professions (positions), by expanding service areas, or increasing the volume of work, concluding a new employment contract is not required.

Since the employee will not be able to carry out the amount of work provided for the second staff unit during her working hours, then registration of additional work in accordance with Art. 60.2 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) is not possible.

Therefore, the more correct and only option for registering labor relations for a second staff position with an employee who is already working in a similar position is to register the job on an internal part-time basis.

At the same time, you need to know that Art. 284 of the Labor Code of the Russian Federation establishes a limit on the duration of working hours when working part-time - it should not exceed 4 (four) hours a day and 50% (half) of the monthly working time norm for 1 month. Therefore, the employer has the right to hire a worker on a part-time basis for only 0.5 of the second staff unit of a cleaner.

According to Art. 285 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), remuneration for persons working part-time can be made both in proportion to the time worked, and depending on output, or on any other conditions determined by the employment contract.

That is, if the employment contract concluded with a part-time worker stipulates that he is given a monthly salary in accordance with the staffing table, and the staffing table indicates the amount of full-time wages, then payment should be made in proportion to the time worked. This means that an employee in such a situation should be paid no more than 50% (half) of the salary specified in the staffing table.

But it is possible to increase the salary of a part-time worker, because... the employer has the right according to part two of Art. 135 of the Labor Code of the Russian Federation establish various additional payments and allowances for employees, without changing the salary at the rate established by the staffing table. To do this, the employer issues a corresponding order, and the part-time worker’s employment contract includes a condition for establishing personal allowances for him (for example, for work intensity) or other incentive payments.

Another possible situation. Part 1 of Art. 285 of the Labor Code of the Russian Federation establishes that remuneration for persons working part-time can be made depending on output. This is the so-called piece-rate wage system. With this scheme, the part-time worker’s pay does not correlate in any way with the full-time salary in a time-based payment system.

In addition, even part-time workers paid on a time basis can be assigned standardized tasks. When they are established in accordance with part two of Art. 285 of the Labor Code of the Russian Federation, remuneration is made based on the final results for the amount of work actually completed. In such a situation, the part-time worker who has completed the quota that corresponds to full-time work is fair to pay the amount corresponding to the full-time rate, regardless of the time spent performing this work.

ACCORDINGLY: it is possible to register for 0.5 of a second full-time position on an internal part-time basis. At the same time, the employment contract MUST provide for favorable remuneration for you... it all depends on the type of work you do. We have already discussed the options.

All the best!

How many bets are allowed?

Labor legislation does not establish any restrictions on the number of additional jobs.

Every working citizen focuses exclusively on his physical capabilities and time free from his main job.

Employment is allowed both at half the rate and work for only an hour a day at 0.1 rate. Thus, a person can work simultaneously at four additional workplaces. The main thing is that the total number of additional working hours in one day does not exceed the maximum value established by law (no more than 4 hours in total!).

According to Article 284 of the Labor Code, on free days, an employee can perform work in an additional place in full (work 8 hours, for example) and receive a full salary.

Another limitation concerns the standard working hours established for the main place of work. Additional work responsibilities should not take up more than half of this monthly norm.

There are two types of additional labor activity (according to Article 60.1 of the Labor Code), each of which has its own characteristic features:

1. Internal part-time work involves working for one employer. In this case, the initiator is often the employee himself, who submits an application with a request to be accepted into an open position as a part-time worker. For internal part-time workers, the rate cannot exceed half the salary! Accordingly, additional work activity cannot exceed four hours daily.
2. Part-time work of an external type implies working for at least two employers (the law does not prohibit part-time work in a larger number of jobs). Typically, employment is done on a half-time basis. The initiator is also the employee. He looks for a vacant position, and then writes an application to the new employer asking him to hire him.

For persons engaged in external part-time work, either a half rate or a smaller rate may be established.

The number of additional jobs depends on the capabilities and desires of the employee, but in each of these places the maximum workday on weekdays cannot exceed four hours. On weekends and holidays, the full rate is charged, since during these periods the employee is not engaged in the main work activity.

Basic moments

Let’s immediately figure out how many bets you can place on in 2021. According to the law, a person is not limited in the number of places where he has the right to work. However, you can apply for a full-time job only in one place, while in others you can already get a part-time job. This situation is justified, at a minimum, by the fact that a person physically cannot work fully in two places. After all, most organizations provide for a minimum 8-hour working day, and you need to work about 5 days a week. Consequently, a citizen will not be able to perform his duties anywhere else in this mode.

Important! A person can work as a part-time worker, and he can get a job both in his own company and in a third-party organization. The law does not prohibit this, so officially there can be 2 or more positions.

It has already been said how many bets can be combined, and a person can independently decide this issue. The most important thing is to have enough time and energy to complete all your responsibilities. Because combination significantly increases the number of working hours. Of course, if your main job allows it, then you can burden yourself with other responsibilities.

Please note that you can perform additional tasks exclusively in your free time. Therefore, you can go to additional work on weekends and holidays. If time allows, then you can perform duties immediately after a working day.

It is also worth considering the following points:

1. In order for an employee to get a part-time job, he needs to have a main job.
2. Daily additional work cannot be longer than 4 hours.
3. You will have to sign a separate employment contract, which will say that the person is a part-time worker.
4. A person has the right to all guarantees and payments that are provided in a particular organization. Because additional activities are considered official and must be formalized.
5. Salary is calculated depending on how many hours a person works. Therefore, a person can devote less than 4 hours to these tasks, but then the salary will be less.
6. A part-time employee can apply for scheduled leave, sick leave pay, as well as bonuses and other required payments. Consequently, such a worker is on an equal footing with other people with whom he works in the same organization.

Payment order

Depending on the employment with additional work responsibilities, a person can receive 0.1, 0.2, 0.3 or half the rate.

The amount of payment is fixed in the contract, while the employer takes into account time restrictions (no more than four hours daily and no more than 20 hours every week). Two payment procedures can be established:

• for hours actually worked;
• for the quantity of products or goods produced (the so-called piecework payment).

More often, the first option is chosen as it is more convenient and understandable for both interested parties. The basis for calculating salary is the time sheet, which shows the hours actually worked.

Funds are accrued by multiplying the hours worked by the rate established in accordance with the contract. Then all required allowances are added to the result obtained. For example, an additional payment (bonus) is provided for night work. Night hours are multiplied by the established surcharge factor.

And work on holidays and weekends must be paid in double amount, that is, the rate is doubled, and then the hours of work on weekends or holidays are multiplied by it.

Pay on holidays with a shift work schedule is described in detail in our article. Do you have a funded part of your pension and don’t know where to transfer it? All possible options are described in our article.

In 2021, military pensions will be increased. Find out which categories will be affected by the increase by reading this article.

Procedure and nuances of design

An employee must register for his first (main) job in the same way as for any other:

• An employment contract must be drawn up, which will indicate everything significant for the job: the rights and responsibilities of the employee, bonuses and benefits that he can claim, social guarantees that the employer undertakes to provide him, cases in which the employment contract will be terminated.
• The employee must be familiar with the list of duties that he undertakes to perform, against his signature.
• An employment order must be issued.
• Based on the order and labor agreement, an entry must be made in the work book, which must subsequently be kept in the personnel department of the enterprise until the employee is dismissed.

When applying for a part-time job, an employee can no longer provide the employer with a work book (it makes no sense to keep two of them). Therefore, he must have with him:

• An identification document is usually a passport.
• Diploma of education.
• A certificate from the main place of work, which will indicate its nature and basic important information.

When all documents are provided, registration proceeds according to the usual procedure:

1. The parties sign an employment contract with all the necessary information, in which they additionally indicate that for the employee this is a part-time job.
2. The employee reads the list of duties and signs that he has read and understood everything.
3. Based on the agreement, an order is issued to enroll the person on the staff.

Since the work record remains with the main employer, only the worker himself has the right to decide whether to enter information about the second job into it, or whether he does not need it .

If he decides that a mark is needed, he should provide the HR department at the place of his main employment with several documents from his part-time job:

• Order on enrollment.
• Employment contract.
• Application with a request to enter information into the book.

In general, registration requires more time than for one place of employment. It also has some nuances:

• There are two ways to determine which job will be your main one: By time of employment . Whichever job the employee was enrolled in before is the main one.
• By the number of working hours . Whichever job a person works the most is the main one.

If you are interested in what the list of LLC members looks like, read this article. How to correctly fill out a notice of liquidation of a legal entity - see here.

Employment contract

The law does not say how to indicate the salary for a part-time job in an employment contract. In accordance with Article 93 of the Labor Code of the Russian Federation, when working part-time, the employee’s payment must be made in proportion to the time he worked.

Example. If the employment contract or hiring order states that the employee is hired at 0.5 times the rate, then it is logical that the employee should receive an amount less than that indicated in the staffing table for 1 whole rate.

The employment contract should indicate the amount of the official salary, indicating the employment and indicating that payment is made in proportion to the time worked. That is, the employment contract should indicate the full salary that the employee receives while occupying an entire staff position.

Indicate the official salary that the employee will receive for a fully worked calendar month based on a 40-hour work week. Next, write down that since the employee is assigned part-time work, payment is made in proportion to the time worked, based on a 20-hour work week. That is, in fact, the employee will receive less than the established official salary when working full time.

How many hours are allowed?

The standard working time established for part-time workers is, of course, fixed in the employment contract, and cannot exceed 4 hours per week (20 hours per week).

The working hours can also be fixed in the form of a schedule or tabular version, especially when it comes to shift duty.

Direct payment for part-time work depends on the basis on which the payment is made.

There may be 2 options:

• hourly wages;
• based on the work performed, regardless of the time spent (piecework).

Given the limited time in terms of the duration of work for a part-time worker, most often the employer chooses the first option, when the part-time worker is required to perform certain work within a given period of time.

Internal part-time job

Taking into account the fact that an internal part-time person works exclusively at his own enterprise, the key rate cannot exceed 0.5.

As a result, the maximum working day is only 4 hours.